8–21–09 Friday Vol. 74 No. 161 Aug. 21, 2009

Pages 42169–42572

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Contents Federal Register Vol. 74, No. 161

Friday, August 21, 2009

Agriculture Department Commodity Credit Corporation See Animal and Plant Health Inspection Service RULES See Commodity Credit Corporation Amendment: See Forest Service Grassland Reserve Program, 42170–42174 See Natural Resources Conservation Service See Rural Utilities Service Defense Department See Army Department Animal and Plant Health Inspection Service See Engineers Corps NOTICES NOTICES Availability: 36(b)(1) Arms Sales Notification, 42235–42288 National Aquatic Animal Health Plan for the United Agency Information Collection Activities; Proposals, States, 42225–42227 Submissions, and Approvals, 42307

Antitrust Division Drug Enforcement Administration NOTICES PROPOSED RULES National Cooperative Research and Production Act of 1933: Schedules of Controlled Substances: American Society of Mechanical Engineers, 42329–42330 Placement of 5-Methoxy-N,N-Dimethyltryptamine into IMS Global Learning Consortium, Inc., 42330 Schedule I of Controlled Substances Act, 42217– Information Card Foundation, 42330 42220 Open Systemc Initiative, 42330 NOTICES Agency Information Collection Activities; Proposals, Army Department Submissions, and Approvals, 42328–42329 See Engineers Corps NOTICES Education Department Environmental Impact Statements; Availability, etc.: PROPOSED RULES Real Property Master Plan and Real Property Exchange General and Non-Loan Programmatic Issues, 42380–42463 for Camp Parks, Dublin, California, 42289–42290 NOTICES Agency Information Collection Activities; Proposals, Blind or Severely Disabled, Committee for Purchase From Submissions, and Approvals, 42290 People Who Are Jacob K. Javits Fellowship Program: See Committee for Purchase From People Who Are Blind or Inviting Applications for Fiscal Year (FY) 2010 New Severely Disabled Awards, 42290–42292

Centers for Disease Control and Prevention Employment and Training Administration NOTICES NOTICES Recent Coal Dust Particle Size Surveys and Implications for Meetings: Mine Explosions, 42317–42318 Using New H–2B Temporary Labor Certification Process, Centers for Medicare & Medicaid Services etc., 42331 NOTICES Energy Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 42307–42309 Meetings: Coast Guard Energy Savings Performance Contract (ESPC) Process PROPOSED RULES Improvement Working Group, 42293 Safety Zones: Environmental Management Site-Specific Advisory Ocean City Beachfront Air Show, Ocean City, NJ, 42220– Board, Oak Ridge Reservation, 42292–42293 42222 High Energy Physics Advisory Panel, 42293–42294 Commerce Department Engineers Corps See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Environmental Impact Statements; Availability, etc.: NOTICES Conveyance of Federal Lands at Lake Texoma to State of Agency Information Collection Activities; Proposals, Oklahoma, Marshall County, OK, 42288 Submissions, and Approvals, 42229 Proposed Lake on Yellow Creek, Lamar County, AL, 42288–42289 Committee for Purchase From People Who Are Blind or Severely Disabled Environmental Protection Agency NOTICES RULES Additions to and Deletion from Procurement List, 42233– Outer Continental Shelf Air Regulations Consistency 42234 Update for California, 42175–42177 Proposed Additions to and Deletion From Procurement Withdrawal of Significant New Use Rules: List, 42234–42235 Certain Chemical Substances, 42177–42178

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PROPOSED RULES Food and Drug Administration Product Noise Labeling: RULES Hearing Protection Devices, 42223–42224 Revision of the Requirements for Publication of License NOTICES Revocation; Confirmation of Effective Date, 42175 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 42294–42295 Medical Device Reporting: Environmental Impact Statements; Availability, etc.: Electronic Submission Requirements, 42203–42217 Availability of EPA Comments, 42296–42297 Postmarketing Safety Reports for Human Drug and Weekly Receipt of Statements, 42295–42296 Biological Products: Meetings: Electronic Submission Requirements, 42184–42203 Chartered Science Advisory Board, 42297–42298 NOTICES Privacy Act; Systems of Records; Amendment, 42298– Clinical Investigator Training Course, 42309–42310 42301 Draft Guidance for Industry, User Facilities, and Food and Proposed Administrative Settlements: Drug Administration Staff: Comprehensive Environmental Response, Compensation eMDR—Electronic Medical Device Reporting; and Liability Act, 42301 Availability, 42310 Proposed CERCLA Section 122(g) Administrative Draft Guidance for Industry: Agreements: Guide to Minimize Microbial Food Safety Hazards of De Minimis Settlement for Mercury Refining Superfund Leafy Greens; Availability; Correction, 42311 Site; Albany County, Guilderland and Colonie, NY, Guide to Minimize Microbial Food Safety Hazards of 42301–42302 Melons; Availability; Correction, 42311 Receipt of Several Pesticide Petitions Filed for Residues of Guide to Minimize Microbial Food Safety Hazards of Pesticide Chemicals in or on Various Commodities: Tomatoes; Availability; Correction, 42311 Correction, 42302 Prescription Drug User Fee Act IV Information Technology Assessment, 42316–42317 Executive Office of the President See Trade Representative, Office of United States Forest Service NOTICES Federal Aviation Administration Meetings: RULES Lake County Resource Advisory Committee, 42228–42229 Pilot, Flight Instructor, and Pilot School Certification, 42500–42571 Revisions to Digital Flight Data Recorder Regulations for General Services Administration Boeing 737 Airplanes and for All Part 125 Airplanes, NOTICES 42174–42175 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 42307 Intent to Rule on Request to Release Airport Property: Seattle-Tacoma International Airport, Seattle, WA: Health and Human Services Department Correction, 42361 See Centers for Disease Control and Prevention Meetings: See Centers for Medicare & Medicaid Services Proposed Federal Aviation Administration Policy (Draft See Food and Drug Administration AC 21.101A), 42362 See Indian Health Service RTCA Program Management Committee, 42361 See National Institutes of Health Petition for Exemption: Summary of Petition Received, 42362 Homeland Security Department Waiver of Aeronautical Land—Use Assurance: See Coast Guard Indianapolis International Airport, Indianapolis, IN, NOTICES 42374–42377 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42318 Federal Deposit Insurance Corporation Meetings: NOTICES National Infrastructure Advisory Council, 42318–42319 Meetings; Sunshine Act, 42302 Housing and Urban Development Department Federal Reserve System NOTICES NOTICES Federal Property Suitable as Facilities to Assist the Formations of, Acquisitions by, and Mergers of Bank Homeless, 42466–42498 Holding Companies, 42302–42303 HUD-Held Noncompetitive Sales of Assets, 42319–42320 Federal Trade Commission NOTICES Indian Health Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 42303–42307 Organizations, Functions and Delegations of Authority, 42316 Fish and Wildlife Service NOTICES Interior Department Availability: See Fish and Wildlife Service National Aquatic Animal Health Plan for the United See Land Management Bureau States, 42225–42227 See National Park Service

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International Trade Administration National Institutes of Health NOTICES NOTICES Antidumping: Meetings: Petroleum Wax Candles from the People’s Republic of Moving Into the Future—New Dimensions and Strategies China, 42230–42232 for Women’s Health Research, etc., 42312–42313 Polyethylene Retail Carrier Bags from Indonesia, Taiwan, National Cancer Institute, 42313–42315 and the Socialist Republic of Vietnam, 42229 National Institute of Environmental Health Sciences, 42313–42314 International Trade Commission National Institute of Mental Health, 42311–42312 NOTICES National Institute of Neurological Disorders and Stroke, Certain Textile Articles Containing Acrylic and Modacrylic 42314 Fibers: National Institute of Nursing Research, 42314 Effect of Modifications of NAFTA Rules of Origin for National Institute on Aging, 42315–42316 Goods of Canada, 42322–42323 Investigations: National Oceanic and Atmospheric Administration Certain Textile Articles Containing Rayon and Other RULES Manmade Fibers; Effect of Modifications of NAFTA Fisheries of the Exclusive Economic Zone Off Alaska: Rules, etc., 42324–42325 Bering Sea and Aleutian Islands (Amendment 90) and Woven Electric Blankets From China, 42323–42324 Gulf of Alaska Groundfish (Amendment 78), etc., Termination of Enforcement Proceedings: 42178–42183 Certain Ink Cartridges and Components, 42325–42326 NOTICES Application for Exempted Fishing Permits: Justice Department General Provisions for Domestic Fisheries, 42232–42233 See Antitrust Division Availability: See Drug Enforcement Administration National Aquatic Animal Health Plan for the United See Justice Programs Office States, 42225–42227 NOTICES Meetings: Lodging of Consent Decree Under the Clean Water Act, New England Fishery Management Council, 42233 42326 Lodging of Consent Decree Under the Comprehensive National Park Service Environmental Response, Compensation and Liability NOTICES Act (CERCLA): Inventory Completions: United States v. Waste Management of Wisconsin, Inc., et Saint Martin’s Waynick Museum, Lacey, WA, 42320– al., 42326–42327 42322 Lodging of Modification to Consent Decree: The Public Museum, Grand Rapids, MI, 42321–42322 Comprehensive Environmental Response, Compensation, and Liability Act, 42327 National Science Foundation NOTICES Justice Programs Office Meetings: NOTICES Proposal Review Panel for Materials Research, 42332 Agency Information Collection Activities; Proposals, Natural Resources Conservation Service Submissions, and Approvals, 42327–42328 NOTICES Labor Department Meetings: Agricultural Air Quality Task Force, 42227–42228 See Employment and Training Administration Soil and Water Resources Conservation Act, 42228

Land Management Bureau Nuclear Regulatory Commission NOTICES NOTICES Filing of Plats of Surveys: Environmental Impact Statements; Availability, etc.: Oregon/Washington, 42320 Uranium One Inc.; Moore Ranch In-Situ Recovery Project, Campbell County, WY, 42332–42333 Legal Services Corporation NOTICES Office of United States Trade Representative Request for Comments–LSC Budget Request for FY 2011, See Trade Representative, Office of United States 42331 Personnel Management Office Maritime Administration RULES NOTICES Prevailing Rate Systems: Environmental Impact Statements; Availability, etc.: Redefinition of the Boise, ID, and Utah Appropriated Port Dolphin Energy LLC, Port Dolphin Energy Liquefied Fund Federal Wage System Wage Areas, 42169– Natural Gas Deepwater Port License Application, 42170 42358–42360 Redefinition of the Lake Charles-Alexandria and New Orleans, LA, Appropriated Fund Federal Wage National Aeronautics and Space Administration System Wage Areas, 42169 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42307 Submissions, and Approvals, 42333–42334

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Privacy Act; Systems of Records, 42334–42338 Illinois Central Railroad Co.; Wisconsin Central Ltd., 42365, 42370–42371 Postal Regulatory Commission Illinois Central Railroad Co.; Chicago Central & Pacific NOTICES Railroad Co., 42366 Global Expedited Package Services Contract, 42338–42339 Illinois Central Railroad Co.; Grand Trunk Western Railroad Co., 42369–42370 Rural Utilities Service Wisconsin Central Ltd.; Grand Trunk Western Railroad NOTICES Co., 42363–42364 Finding of No Significant Impact: Finding of No Significant Impact; Basin Electric Power Coop., 42227 Trade Representative, Office of United States NOTICES Securities and Exchange Commission Meetings: NOTICES Industry Trade Advisory Committee on Small and Applications: Minority Business, 42356 Old Mutual Global Shares Trust, et al., 42339–42345 Self-Regulatory Organizations; Proposed Rule Changes: Transportation Department Boston Stock Exchange, Inc., 42346–42348 See Federal Aviation Administration Chicago Board Options Exchange, Inc., 42350–42355 See Maritime Administration International Securities Exchange, LLC, 42345–42346 See Surface Transportation Board New York Stock Exchange LLC, 42348–42350 NOTICES Agency Information Collection Activities; Proposals, State Department Submissions, and Approvals, 42356–42357 NOTICES Certification Related to Aerial Eradication in Colombia, etc., 42356 Culturally Significant Objects Imported for Exhibition Separate Parts In This Issue Determinations: Vermeer’s Masterpiece: The Milkmaid; Correction, 42356 Part II Education Department, 42380–42463 Surface Transportation Board NOTICES Meetings: Part III Rail Energy Transportation Advisory Committee, 42361 Housing and Urban Development Department, 42466–42498 Trackage Rights Exemption: Chicago Central & Pacific Railroad Co.; Illinois Central Part IV Railroad Co., 42364, 42367–42368 Transportation Department, Federal Aviation Chicago Central & Pacific Railroad Co.; Wisconsin Central Administration, 42500–42571 Ltd., 42365–42366 Elgin, Joliet & Eastern Railway Co.; Illinois Central Railroad Co., 42373–42374 Elgin, Joliet & Eastern Railway Co.; Wisconsin Central Reader Aids Ltd., 42373 Consult the Reader Aids section at the end of this page for Grand Trunk Western Railroad Co., 42371–42372 phone numbers, online resources, finding aids, reminders, Grand Trunk Western Railroad Co.; Illinois Central and notice of recently enacted public laws. Railroad Co., 42363, 42371–42373 To subscribe to the Federal Register Table of Contents Grand Trunk Western Railroad Co.; Wisconsin Central LISTSERV electronic mailing list, go to http:// Ltd., 42367 listserv.access.gpo.gov and select Online mailing list Grand Trunk Western Railroad Co.; Chicago Central & archives, FEDREGTOC-L, Join or leave the list (or change Pacific Railroad Co., 42368–42369 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.

5 CFR 532 (2 documents) ...... 42169 7 CFR 1415...... 42170 14 CFR 61...... 42500 91 (2 documents) ...... 42174, 42500 121...... 42174 125...... 42174 141...... 42500 21 CFR 601...... 42175 Proposed Rules: 310...... 42184 314...... 42184 600...... 42184 803...... 42203 1308...... 42217 33 CFR Proposed Rules: 165...... 42220 34 CFR Proposed Rules: 600...... 42380 668...... 42380 675...... 42380 686...... 42380 690...... 42380 692...... 42380 40 CFR 55...... 42175 721...... 42177 Proposed Rules: 211...... 42223 50 CFR 679...... 42178

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Rules and Regulations Federal Register Vol. 74, No. 161

Friday, August 21, 2009

This section of the FEDERAL REGISTER Prevailing Rate Advisory Committee. Area of Application. Survey Area Plus contains regulatory documents having general The proposed rule had a 30-day Louisiana: Ascension, Assumption, East applicability and legal effect, most of which comment period, during which OPM Baton Rouge, East Feliciana, Iberville, are keyed to and codified in the Code of received no comments. Lafourche, Livingston, Pointe Coupee, St. Federal Regulations, which is published under Helena, St. James, St. Mary, Tangipahoa, 50 titles pursuant to 44 U.S.C. 1510. Regulatory Flexibility Act Terrebonne, Washington, West Baton Rouge, West Feliciana The Code of Federal Regulations is sold by I certify that these regulations will not the Superintendent of Documents. Prices of have a significant economic impact on * * * * * new books are listed in the first FEDERAL a substantial number of small entities [FR Doc. E9–20049 Filed 8–20–09; 8:45 am] REGISTER issue of each week. because they will affect only Federal BILLING CODE 6325–39–P agencies and employees. OFFICE OF PERSONNEL List of Subjects in 5 CFR Part 532 OFFICE OF PERSONNEL MANAGEMENT MANAGEMENT Administrative practice and 5 CFR Part 532 procedure, Freedom of Information, 5 CFR Part 532 Government employees, Reporting and RIN 3206–AL81 recordkeeping requirements, Wages. RIN 3206–AL82 Prevailing Rate Systems; Redefinition U.S. Office of Personnel Management. of the Lake Charles-Alexandria and John Berry, Prevailing Rate Systems; Redefinition New Orleans, LA, Appropriated Fund Director. of the Boise, ID, and Utah Appropriated Fund Federal Wage System Wage Federal Wage System Wage Areas ■ Accordingly, the U.S. Office of Areas AGENCY: U.S. Office of Personnel Personnel Management amends 5 CFR Management. part 532 as follows: AGENCY: U.S. Office of Personnel ACTION: Management. Final rule. PART 532—PREVAILING RATE ACTION: Final rule. SUMMARY: The U.S. Office of Personnel SYSTEMS Management is issuing a final rule to SUMMARY: ■ The U.S. Office of Personnel redefine the geographic boundaries of 1. The authority citation for part 532 Management is issuing a final rule to the Lake Charles-Alexandria and New continues to read as follows: redefine the geographic boundaries of Orleans, LA, appropriated fund Federal Authority: 5 U.S.C. 5343, 5346; § 532.707 the Boise, ID, and Utah appropriated Wage System (FWS) wage areas. The also issued under 5 U.S.C. 552. fund Federal Wage System (FWS) wage final rule redefines Iberia and St. Martin areas. The final rule redefines Franklin ■ Parishes, LA, from the New Orleans 2. In appendix C to subpart B, the County, ID, from the Boise wage area to wage area to the Lake Charles- wage area listing for the State of the Utah wage area. These changes are Alexandria wage area. These changes Louisiana is amended by revising the based on consensus recommendations are based on consensus listings for Lake Charles-Alexandria and of the Federal Prevailing Rate Advisory recommendations of the Federal New Orleans, to read as follows: Committee (FPRAC) to best match the Prevailing Rate Advisory Committee Appendix C to Subpart B of Part 532— counties proposed for redefinition to a (FPRAC) to best match the counties Appropriated Fund Wage and Survey nearby FWS survey area. FPRAC proposed for redefinition to a nearby Areas recommended no other changes in the FWS survey area. FPRAC recommended geographic definitions of the Boise and * * * * * no other changes in the geographic Utah FWS wage areas. definitions of the Lake Charles- LOUISIANA DATES: This regulation is effective on Alexandria and New Orleans wage Lake Charles-Alexandria September 21, 2009. areas. Survey Area FOR FURTHER INFORMATION CONTACT: DATES: This regulation is effective on Madeline Gonzalez, (202) 606–2838; e- September 21, 2009. Louisiana: Allen, Beauregard, Calcasieu, Grant, Rapides, Sabine, Vernon mail [email protected]; FOR FURTHER INFORMATION CONTACT: or Fax: (202) 606–4264. Area of Application. Survey Area Plus Madeline Gonzalez, (202) 606–2838; e- SUPPLEMENTARY INFORMATION: On March mail [email protected]; Louisiana: Acadia, Avoyelles, Caldwell, 9, 2009, the U.S. Office of Personnel or FAX: (202) 606–4264. Cameron, Catahoula, Concordia, Management (OPM) issued a proposed Evangeline, Franklin, Iberia, Jefferson SUPPLEMENTARY INFORMATION: On March Davis, Lafayette, La Salle, Madison, rule (74 FR 9968) to redefine Franklin 9, 2009, the U.S. Office of Personnel Natchitoches, St. Landry, St. Martin, County, ID, from the Boise, ID, wage Management (OPM) issued a proposed Tensas, Vermilion, Winn area to the Utah wage area. These rule (74 FR 9967) to redefine Iberia and changes are based on consensus St. Martin Parishes, LA, from the New New Orleans recommendations of the Federal Orleans, LA, wage area to the Lake Survey Area Prevailing Rate Advisory Committee. Charles-Alexandria, LA, wage area. Louisiana: Jefferson, Orleans, Plaquemines, The proposed rule had a 30-day These changes are based on consensus St. Bernard, St. Charles, St. John the comment period, during which OPM recommendations of the Federal Baptist, St. Tammany received no comments.

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Regulatory Flexibility Act Power with request for comment amending the Teton program regulations for the Grassland I certify that these regulations will not Twin Falls have a significant economic impact on Reserve Program (GRP) to incorporate Valley programmatic changes authorized by the a substantial number of small entities Washington because they will affect only Federal Food, Conservation, and Energy Act of agencies and employees. ***** 2008 (2008 Act) using Regulation UTAH Identification Number (RIN) 0578– List of Subjects in 5 CFR Part 532 Survey Area AA38. This amendment to the January Administrative practice and Utah: 21, 2009, interim final rule corrects the procedure, Freedom of Information, Box Elder RIN to read 0578–AA53, clarifies the Government employees, Reporting and Davis nature of the contingent right of recordkeeping requirements, Wages. Salt Lake enforcement, expands its discussion Tooele U.S. Office of Personnel Management. regarding GRP policy for wind and solar Utah power facilities, and requests comment John Berry, Weber on how GRP can be used to contribute Director Area of Application. Survey Area Plus to the Nation’s efforts on energy, climate ■ Accordingly, the U.S. Office of Utah: change, and carbon sequestration. Beaver Personnel Management amends 5 CFR Additionally, USDA seeks public input part 532 as follows: Cache Carbon on the January 21, 2009, interim final rule, as amended. Therefore, USDA PART 532—PREVAILING RATE Daggett Duchesne reopens the public comment period SYSTEMS Emery upon publication of this amendment ■ 1. The authority citation for part 532 Garfield until September 21, 2009. Grand continues to read as follows: DATES: Effective Date: The rule is Iron Authority: 5 U.S.C. 5343, 5346; § 532.707 Juab effective August 21, 2009. Comment also issued under 5 U.S.C. 552. Millard date: Submit comments on or before September 21, 2009. In addition, the ■ Morgan 2. Appendix C to subpart B is Piute comment period for the GRP interim amended by revising the wage area Rich final rule published on January 21, 2009 listings for the Boise, ID, and Utah wage San Juan (Only includes the Canyonlands (74 FR 2317), is reopened. Comments areas to read as follows: National Park portion.) must be received on or before Sanpete September 21, 2009. Appendix C to Subpart B of Part 532— Sevier Appropriated Fund Wage and Survey Summit ADDRESSES: You may send comments Areas Uintah (identified by Docket Number NRCS– * * * * * Wasatch IFR–09005) using any of the following Washington methods: Wayne • IDAHO Government-wide rulemaking Web Colorado: site: Go to http://www.regulations.gov Boise Mesa and follow the instructions for sending Moffat Survey Area comments electronically. Idaho: Idaho: • Franklin Mail: John Glover, Acting Director, Ada Easements Programs Division, Boise Canyon ***** Department of Agriculture, Natural Elmore [FR Doc. E9–20094 Filed 8–20–09; 8:45 am] Resources Conservation Service, Gem Grasslands Reserve Program Comments, BILLING CODE 6325–39–P Area of Application. Survey Area Plus: PO Box 2890, Washington, DC 20013. • Idaho: E-mail: [email protected]. • Fax: (202) 720–9689. Adams DEPARTMENT OF AGRICULTURE Bannock • Hand Delivery: USDA South Bear Lake Commodity Credit Corporation Building, 1400 Independence Avenue, Bingham SW., Room 6819, Washington, DC Blaine 7 CFR Part 1415 20250, between 9 a.m. and 4 p.m., Bonneville Monday through Friday, except Federal Butte RIN 0578–AA53 Holidays. Please ask the guard at the Camas Caribou entrance to the South Building to call Grassland Reserve Program; (202) 720–4527 in order to be escorted Cassia Amendment Clark into the building. • Custer AGENCY: Commodity Credit Corporation This interim final rule may be Fremont (CCC), United States Department of accessed via Internet. Users can access Gooding Agriculture. the Natural Resources Conservation Jefferson Service (NRCS) homepage at: http:// Jerome ACTION: Interim final rule; amendment with reopening of comment period. www.nrcs.usda.gov/; select the Farm Lemhi Bill link from the menu; select the Lincoln SUMMARY: Madison The United States Department Interim Final Rules link from beneath Minidoka of Agriculture (USDA), through the the Final and Interim Final Rules Index Oneida Commodity Credit Corporation (CCC), title. Persons with disabilities who Owyhee published in the Federal Register of require alternative means for Payette January 21, 2009, an interim final rule communication (Braille, large print,

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audio tape, etc.) should contact the there is nothing in this amendment that Paperwork Reduction Act USDA Target Center at: (202) 720–2600 impacts the program’s purpose, the Section 2904 of the 2008 Act requires (voice and TDD). baseline considerations, grassland that the implementation of this FOR FURTHER INFORMATION CONTACT: John eligibility, or acreage enrollment goals. provision be carried out without regard Glover, Acting Director, Easement This amendment was developed to to the Paperwork Reduction Act, Programs Division, Department of address the contingent right of chapter 35 of Title 44, U.S.C. Therefore, Agriculture, Natural Resources enforcement and where the energy USDA is not reporting recordkeeping or Conservation Service, 1400 produced from windmills authorized to estimated paperwork burden associated Independence Avenue, SW., Room 6819 be placed on easement lands can be with this amendment. South Building, Washington, DC 20250; used. Therefore, the analysis has Phone: (202) 720–1854; Fax: (202) 720– determined that there will not be a Government Paperwork Elimination Act 9689; or e-mail: [email protected]. significant impact to the human USDA is committed to compliance SUPPLEMENTARY INFORMATION: environment and, as a result, an with the Government Paperwork Environmental Impact Statement (EIS) Elimination Act and the Freedom to Regulatory Certifications is not required to be prepared (40 CFR E-File Act, which require government Executive Order 12866 part 1508.13). The EA and Finding of agencies in general, and CCC in No Significant Impact (FONSI) are particular, to provide the public the The Office of Management and Budget available for review and comment as option of submitting information or (OMB) reviewed the January 21, 2009, specified in the interim final rule transacting business electronically to interim final rule and determined that it published in the Federal Register on the maximum extent possible. was a significant regulatory action. January 21, 2009. However, the Pursuant to Executive Order 12866, comment period for accepting Executive Order 12988 USDA conducted a cost-benefit analysis comments to the EA and FONSI has This amendment to the January 21, of the potential impacts associated with been extended to September 21, 2009. A 2009, interim final rule has been the interim final rule for the GRP copy of the EA and FONSI may be reviewed in accordance with Executive published in the Federal Register on obtained from the following Web site: Order 12988, Civil Justice Reform. The January 21, 2009. OMB also determined http://www.nrcs.usda.gov/programs/ provisions of this amendment are not that this amendment is a significant Env_Assess. A hard copy may also be retroactive and preempt State and local regulatory action. USDA evaluated the requested from the following address laws to the extent that such laws are cost-benefit analysis and determined the and contact: Matt Harrington, National inconsistent with this interim final rule. provisions of the amendment do not Environmental Coordinator, Ecological Before an action may be brought in a alter the analysis that was originally Sciences Division, Department of Federal court of competent jurisdiction, prepared for the January 21, 2009, Agriculture, Natural Resources the administrative appeal rights interim final rule. The administrative Conservation Service, 1400 afforded persons at 7 CFR parts 11, 614, record is available for public inspection Independence Ave., SW., Washington, and 780 must be exhausted. at the Department of Agriculture, DC 20250. Comments from the public Natural Resources Conservation Service, should be specific and reference that Federal Crop Insurance Reform and 1400 Independence Avenue, SW., Room comments provided are on the EA and Department of Agriculture 5831 South Building, Washington, DC. FONSI. Public comments may be Reorganization Act of 1994 A copy of the analysis is available upon submitted by any of the following Pursuant to section 304 of the Federal request from John Glover, Acting means: (1) E-mail comments to: Crop Insurance Reform Act of 1994 Director, Easement Programs Division, [email protected], (2) e-mail to (Pub. L. 103–354), USDA classified this Department of Agriculture, Natural e-gov Web site: www.regulations.gov, or rule as non-major. Therefore, a risk Resources Conservation Service, Room (3) written comments to: Matt analysis was not conducted. 6819 South Building, Washington, DC Harrington, National Environmental Unfunded Mandates Reform Act of 1995 20250–2890 or electronically at: http:// Coordinator, Ecological Sciences www.nrcs.usda.gov/programs/GRP/ Division, Department of Agriculture, Pursuant to Title II of the Unfunded under the Program Information title. Natural Resources Conservation Service, Mandates Reform Act of 1995 (2 U.S.C. 1400 Independence Ave., SW., 1531–1538), USDA assessed the effects Regulatory Flexibility Act Washington, DC 20250. of this amendment to the January 21, The Regulatory Flexibility Act is not 2009, interim final rule on State, local, applicable to this interim final rule Civil Rights Impact Analysis and Tribal Governments and the public. because USDA is not required by 5 USDA has determined through a Civil This rule does not compel the U.S.C. 553, or by any other provision of Rights Impact Analysis that the January expenditure of $100 million or more by law, to publish a notice of proposed 21, 2009, interim final rule disclosed no any State, local, or Tribal Governments rulemaking with respect to the subject disproportionately adverse impacts for or anyone in the private sector; matter of this rule. minorities, women, or persons with therefore, a statement under Section 202 disabilities. The provisions of this of the Unfunded Mandates Reform Act Environmental Analysis amendment do not alter the analysis is not required. A programmatic Environmental that was originally prepared. Copies of Assessment (EA) has been prepared in the Civil Rights Impact Analysis are Small Business Regulatory Enforcement association with the interim final available from John Glover, Acting Fairness Act of 1996 (SBREFA) rulemaking published on January 21, Director, Easement Programs Division, The January 21, 2009, interim final 2009. The provisions of this amendment Department of Agriculture, Natural rule was not a major rule as defined by do not alter the assessment that was Resources Conservation Service, 1400 Section 804 of the Small Business originally prepared. With the exception Independence Avenue, SW., Regulatory Enforcement Fairness Act of for the analysis on how to address Washington, DC 20250, or electronically 1996. This amendment to the January windmill and other renewable sources at: http://www.nrcs.usda.gov/programs/ 21, 2009, interim final rule will not of energy, such as solar panel arrays, GRP. result in an annual effect on the

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economy of $100 million or more, a determination. Thus, the Executive USDA believes that it should reconsider major increase in costs or prices, or Order does not apply to this rule. its original interpretation. The significant adverse effects on conclusion that the inclusion of the Executive Order 13175 competition, employment, investment, term in a conservation easement deed productivity, innovation, or the ability This amendment to the interim final constitutes as a Federal acquisition of of United States-based companies to rule of January 21, 2009, has been real property is not consistent with compete in domestic and export reviewed in accordance with Executive Congressional intent gleaned from the markets. The provisions of this Order 13175, Consultation and legislative history of how such term is amendment to the January 21, 2009, Coordination with Indian Tribal used in other parts of the 2008 Act, interim final rule do not alter the Governments. USDA has assessed the specifically the Farm and Ranch Lands original determination under SBREFA. impact of this interim final rule on Protection Program (FRPP), and how it However, Section 2904(c) of the 2008 Indian Tribal Governments and has is incorporated into GRP Act requires that the Secretary use the concluded that this rule will not implementation. Therefore, USDA has authority in section 808(2) of Title 5, negatively affect communities of Indian examined whether an alternative U.S.C., which allows an agency to Tribal Governments. The rule will understanding of the nature of the forego SBREFA’s usual Congressional neither impose substantial direct contingent right of enforcement can be review delay of the effective date of a compliance costs on Indian Tribal ascertained. A similar revision is being regulation if the agency finds that there Governments, nor preempt tribal law. made to the FRPP interim final is a good cause to do so. USDA hereby regulation. determines that it has good cause to do Discussion of Program Under GRP, USDA may enroll so to meet the Congressional intent to Background easements through three methods of have the conservation programs enrollment. In particular, USDA has This amendment is effective on the authorized or amended by Title II of the authority to: (1) Purchase conservation date published in the Federal Register. 2008 Act in effect as soon as possible. easements directly; (2) transfer title to The GRP is a voluntary program to help Accordingly, this rule is effective upon those federally-acquired easements to a farmers and ranchers protect grazing filing for public inspection by the Office third party; or (3) enter into cooperative uses and related conservation values on of the Federal Register. agreements with eligible entities for their lands. GRP offers enrollment those entities to purchase, own, enforce, Executive Order 13132 through conservation easements and and monitor easements ‘‘in lieu of the E.O. 13132 requires USDA to develop through rental contracts. Secretary.’’ Under the first two methods an accountable process to ensure The 2008 Act made several program of enrollment, the conservation ‘‘meaningful and timely input by State changes to GRP. Among the changes, the easement is purchased directly by the and local officials in the development of 2008 Act added the ability of USDA to United States, and original title to the regulatory policies that have federalism enter into a cooperative agreement with conservation easement is held by the implications.’’ E.O. 13132 defines the an eligible entity to own, write, and United States. Therefore, these GRP term ‘‘policies that have federalism enforce easements. Thus, under a easements are Federal acquisitions of implications’’ to include regulations cooperative agreement, USDA provides real property rights. that have ‘‘substantial direct effects on matching funds to other entities to In contrast, under the third method of the States, on the relationship between purchase conservation easements, rather enrollment where an eligible entity the Federal Government and the States, than purchase such easements directly. purchases a conservation easement with or on the distribution of power and The 2008 Act also requires USDA to Federal financial assistance, the United responsibilities among the various ‘‘ensure that the terms of an easement States Government is not expending levels of government.’’ Under E.O. include a contingent right of funds to acquire title to the conservation 13132, USDA may not issue a regulation enforcement for the Department’’ where easement, but instead receives a right of that has federalism implication, that title to the conservation easement is enforcement as a condition of imposes substantial direct compliance either held by an entity other than the assistance. costs, and that is not required by statute Federal Government or title is For the third method of enrollment, unless the Federal Government provides transferred from the Federal the GRP statute prescribes the use of a the funds necessary to pay the direct Government to a non-Federal entity. cooperative agreement to provide a compliance costs incurred by State and The January 21, 2009, GRP interim mechanism for GRP funds to assist local governments, or USDA consults final rule incorporated the changes to eligible partners in the purchase of with State and local officials early in the the program made by the 2008 Act. easements. Significantly, the GRP process of developing the proposed Additionally, USDA identified the statute specifies that the ownership of regulation. USDA shows sensitivity to contingent right of enforcement a the easement is in lieu of ownership by federalism concerns by requiring the Federal acquisition of a real property the Secretary. More particularly, Section State Conservationists to meet with, and right. This identification as a Federal 1238Q of the GRP statute provides that: provide opportunities for involvement acquisition requires USDA to follow ‘‘(e) Protection of Federal Investment— of State and local governments through Federal land acquisition procedures for When delegating a duty under this the State Technical Committee. The all easements acquired under GRP. section, the Secretary shall ensure that interim final rule published on January In the preamble of the January 21, the terms of an easement include a 21, 2009, will not have substantial 2009, interim final rule, USDA contingent right of enforcement for the direct effects on the States, on the explained that it had consulted with the Department.’’ This text requires the relationship between the Federal Office of the General Counsel and had Secretary to ensure that the easement Government and the States, or on the determined that because the contingent ‘‘includes’’ a contingent right of distribution of power and right of enforcement appears within the enforcement, rather than requiring the responsibilities among the various terms of a conservation easement deed, Secretary to ‘‘acquire’’ such right. When levels of government as specified in E.O. it constituted an acquisition of a Federal viewed in the context of the overall 13132. The provisions of this real property right. Despite the sound framework of the program to provide amendment do not alter this reasoning provided in the preamble, alternative ownership arrangements of

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GRP easements, USDA interprets that such as solar panel arrays. USDA treated impacts of such facilities can be the contingent right of enforcement in facilities differently depending on the mitigated to a level of non-significance. an easement purchased, owned, and intended use of the power generated Furthermore, USDA will only authorize written by a non-Federal entity is not a from the wind power facilities, i.e. on- power generation facilities after Federal acquisition of a real property farm use versus off-farm use. USDA evaluating whether a reasonable right triggering Federal procedures such recognizes that even facilities alternative exists, whether there is a as 40 U.S.C. 3111 and the implementing authorized solely for on-farm use may compelling public need, whether the Department of Justice Title standards. generate some excess electricity that is purposes for which the easement was Rather, the incorporation of the utilized off-farm. acquired can be maintained, and the contingent right of enforcement in the USDA believes that off-farm wind degree to which the footprint of the terms of the deed is a condition of power generation should not be facility and related infrastructure Federal financial assistance. identified specifically as prohibited on impacts the nature of the grazing lands This revised interpretation of the lands enrolled in GRP. The statute only and other conservation values obtained contingent right of enforcement is more identifies crop production (other than through the contract or easement. USDA consistent with the revised structure of hay) as specifically prohibited to occur will not authorize the installation of the GRP easement, which now provides on enrolled lands. All other activities wind power generation facilities in for the third party acquisition option are evaluated by whether it is situations where reasonable alternatives using Federal financial assistance. At ‘‘inconsistent with maintaining grazing exist. the same time, this interpretation still uses and related conservation values USDA will follow the guidelines meets the GRP statutory requirement protected under an easement or rental being developed by the United States that the NRCS Chief, on behalf of the contract.’’ Therefore, USDA is amending Fish and Wildlife Service (FWS) on United States, has the ability to protect the January 21, 2009, GRP interim final avoiding and minimizing wildlife the Federal investment for the duration rule to remove the blanket prohibition impacts from wind turbines. Until the of the GRP funded easement by upon wind power facilities for off-farm guidelines are published, USDA will interpreting the right of enforcement as power generation. assess potential wildlife impacts in a real property right which runs with USDA is not replacing the blanket coordination with the FWS and the the land. This right is obtained as a prohibition with a blanket authorization appropriate State fish and wildlife condition placed upon another entity to of wind power facilities. The scale and agency before authorizing any wind obtain funding under GRP for its scope of wind power generation power generation facilities (on-farm or acquisition of a conservation easement. facilities vary greatly. The installation of off-farm) on GRP lands. Therefore, the inclusion of the right of large-scale wind power generation USDA also revises paragraph (h)(5) to enforcement in the deed is not an facilities constitutes a conversion authorize the installation of other types acquisition, and the Federal real activity to non-grazing uses, of renewable energy sources for power property acquisition requirements do inconsistent with program purposes. generation, provided they are consistent not apply. However, a small-scale, appropriately with the grazing uses and other sited facility may provide both the conservation values of the program as Wind and Solar Power Generation electricity needed to power electric determined by USDA on a site-specific Facilities livestock fencing on the easement while basis. Just as for wind power generation In the January 21, 2009, interim final providing local off-farm electricity to a facilities, USDA will not authorize the rule, a new paragraph (h)(5) was added neighbor’s fencing as well. This installation of renewable energy power to § 1415.4 to allow for the inclusion of variance of scope and scale requires generation facilities, such as solar power wind power facilities for on-farm use as site-specific evaluation for whether a panel arrays, unless USDA determines a potential permitted use for the GRP particular activity will be authorized. through a site-specific EA or EIS there participant’s farming or ranching USDA intended the original will be no adverse effect on threatened, operation pursuant to the Secretary’s restriction to ‘‘on-farm’’ use to provide endangered or other at-risk species, discretionary authority established in an inherent limitation upon the scale of migratory wildlife, or related natural the 2008 Act. In particular, Section 2403 facilities being considered for resources, cultural resources, or the of the 2008 Act removed the prohibition authorization. However, this limitation human environment or when the against soil disturbing activities. had the unintended consequence of impacts of such activities can be Although USDA expressed support requiring USDA to monitor electric mitigated to a level of non-significance. for wind power generation for on-farm usage of a landowner, rather than focus USDA will authorize power generation use on GRP lands, USDA explained that upon whether the landowner’s activities facilities only when the footprint of the the opportunity to place generating are consistent with the grazing and facility and related infrastructure would stations on easement or contract acres is conservation purposes of the enrolled have a minimal impact on the nature of not a guaranteed right. Authorization acreage. USDA believes the focus of an the grazing lands and other conservation may only be provided after USDA activity should remain upon its impacts values obtained through the contract or conducts a site-specific evaluation to to the grazing and conservation values easement. determine that there are no negative of the enrollment. Again, the opportunity to place any impacts on threatened, endangered or USDA will not authorize any wind power-generating facilities and related at-risk species, migratory wildlife, or power generating facilities (on-farm or infrastructure on easement or contract related natural resources, cultural off-farm) on GRP lands unless USDA acres is not a guaranteed right. NRCS resources, or the human environment. determines, based on a site-specific continues to seek public comment on While the January 21, 2009, interim National Environmental Policy Act how it should handle requests for final rule continued the prohibition environmental analysis (EA or EIS), that renewable power generation facilities on against wind power facilities for off- there will be no adverse effect on GRP lands. farm power generation on GRP enrolled threatened, endangered or other at-risk lands, the interim final rule did not species, migratory wildlife, or related Request for Public Input address directly other types of natural resources, cultural resources, or USDA supports the Nation’s ability to renewable power generation facilities, the human environment or when the increase renewable energy production,

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conserve energy, mitigate the effects and ■ 4. Section 1415.17 is amended by FOR FURTHER INFORMATION CONTACT: For adapt to climate change, and reduce revising paragraph (e)(1) to read as technical issues: Brian A. Verna, carbon and greenhouse gas emissions follows: Avionics Systems Branch, Aircraft through various assistance programs. Certification Service, AIR–130, Federal USDA is using this rulemaking § 1415.17 Cooperative agreements. Aviation Administration, 800 opportunity to obtain input from the * * * * * Independence Avenue, SW., public on how GRP can achieve its (e) * * * Washington, DC 20591; telephone (202) program purposes and contribute to the (1) In order to protect the public 385–4643; facsimile (202) 385–4651; Nation’s efforts with renewable energy investment, the conveyance document e-mail [email protected]. For legal production, energy conservation, must contain a ‘‘right of enforcement.’’ issues: Karen L. Petronis, Senior mitigating the effects of climate change, NRCS shall specify the terms for the Attorney, Regulations Division, AGC– facilitating climate change adaptation, ‘‘right of enforcement’’ clause to read as 200, Office of the Chief Counsel, Federal or reducing carbon emissions. set forth in the GRP cooperative Aviation Administration, 800 agreement. This right is a vested Independence Ave., SW., Washington, List of Subjects in 7 CFR Part 1415 property right and cannot be DC 20591; telephone (202) 267–3073; Administrative practice and condemned or terminated by State or facsimile (202) 267–7971; e-mail: procedure, Agriculture, Soil local government. [email protected]. conservation, Grasslands, Grassland * * * * * SUPPLEMENTARY INFORMATION: protection, Grazing land protection. Signed this 14th day of August, 2009, in On December 2, 2008, the FAA ■ For the reasons stated in the preamble, Washington, DC. published the final rule entitled the CCC amends part 1415 of Title 7 of Dave White, ‘‘Revisions to Digital Flight Data the CFR as set forth below: Vice President, Commodity Credit Recorder Regulations for Boeing 737 Corporation and Chief, Natural Resources PART 1415—GRASSLANDS RESERVE Conservation Service. Airplanes and for All Part 125 Airplanes’’ (73 FR 73171). This rule PROGRAM Signed this 13th day of August, 2009, in Washington, DC. amended the regulations governing ■ 1. The authority citation for part 1415 flight data recorders to increase the Carolyn B. Cooksie, continues to read as follows: number of digital flight data recorder Acting Administrator, Farm Service Agency. Authority: 16 U.S.C. 3838n–3838q. parameters for all Boeing 737 series [FR Doc. E9–20074 Filed 8–20–09; 8:45 am] airplanes manufactured after August 18, ■ 2. Section 1415.3 is amended by BILLING CODE 3410–16–P 2000. This change was based on safety revising the definition for the term recommendations from the National ‘‘Right of enforcement’’ to read as Transportation Safety Board following follows: DEPARTMENT OF TRANSPORTATION its investigations of two accidents and several incidents involving 737s. The § 1415.3 Definitions. Federal Aviation Administration final rule also adopted a prohibition on * * * * * deviations from flight recorder ‘‘Right of enforcement’’ means a 14 CFR Parts 91, 121, and 125 requirements for all airplanes operated property interest in the easement the [Docket No.: FAA–1999–6482; Amendment under part 125. Chief may exercise on behalf of the No. 91–304A, 121–342A and 125–56A] The final rule contained information United States under specific collection requirements that the Office circumstances in order to enforce the RIN 2120AG87 of Management and Budget (OMB) had terms of the conservation easement. The not yet approved as of the date of right of enforcement provides that the Revisions to Digital Flight Data Recorder Regulations for Boeing 737 publication. In the ‘‘Paperwork Chief has the right to inspect and Reduction Act’’ section of the final rule, enforce the easement if the eligible Airplanes and for All Part 125 Airplanes the FAA noted that the agency may not entity fails to uphold the easement or collect or sponsor the collection of attempts to transfer the easement AGENCY: Federal Aviation information, nor may it impose an without first securing the consent of the Administration (FAA), DOT. information collection requirement, Secretary. ACTION: Final rule; Notice of Office of unless it displays a currently valid OMB * * * * * Management and Budget approval for control number. ■ 3. Section 1415.4 is amended by information collection. In accordance with the Paperwork revising paragraph (h)(5) and removing Reduction Act, OMB approved that paragraph (i)(3) to read as follows: SUMMARY: This notice announces the request on April 3, 2009, and assigned Office of Management and Budget’s § 1415.4 Program requirements. the information collection OMB Control (OMB’s) approval of the information Number 2120–0616. The FAA request * * * * * collection requirement contained in the was approved by OMB without change (h) * * * FAA’s final rule, ‘‘Revisions to Digital and expires on April 30, 2012. This (5) Facilities for power generation Flight Data Recorder Regulations for notice is being published to inform through renewable sources of energy Boeing 737 Airplanes and for All Part affected parties of the approval and to production provided the scope and 125 Airplanes.’’ That final rule was announce that the information scale of the footprint of the facility and published on December 2, 2008. collection requirements in the final rule associated infrastructure is consistent DATES: The FAA received OMB entitled ‘‘Revisions to Digital Flight Data with program purposes as determined approval for the information collection Recorder Regulations for Boeing 737 by USDA through analysis of the requirements in the final rule published Airplanes and for All Part 125 potential site-specific environmental December 2, 2008, 73 FR 73171, on Airplanes’’ will become effective when effects; and April 3, 2009. The final rule became this notice is published in the Federal * * * * * effective on February 9, 2009. Register.

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Issued in Washington, DC, on August 17, including notices of voluntary DATES: Effective Date: This rule is 2009. withdrawal of new drug applications. effective on September 21, 2009. Pamela Hamilton-Powell, FDA solicited comments concerning The incorporation by reference of Director, Office of Rulemaking. the direct final rule for a 75-day period certain publications listed in this rule is [FR Doc. E9–20059 Filed 8–20–09; 8:45 am] ending July 20, 2009. FDA stated that approved by the Director of the Federal BILLING CODE 4910–13–P the effective date of the direct final rule Register as of September 21, 2009. would be on September 17, 2009, 60 ADDRESSES: EPA has established docket days after the end of the comment number OAR–2004–0091 for this action. period, unless any significant adverse The index to the docket is available DEPARTMENT OF HEALTH AND comment was submitted to FDA during electronically at http:// HUMAN SERVICES the comment period. FDA did not www.regulations.gov and in hard copy Food and Drug Administration receive any significant adverse at EPA Region IX, 75 Hawthorne Street, comments. San Francisco, California. While all 21 CFR Part 601 Authority: Therefore, under the biological documents in the docket are listed in products provisions under the Federal Food, the index, some information may be [Docket No. FDA–2009–N–0100] Drug, and Cosmetic Act and the Public publicly available only at the hard copy Health Service Act, and under authority location (e.g., copyrighted material), and Revision of the Requirements for delegated to the Commissioner of Food and some may not be publicly available in Publication of License Revocation; Drugs, 21 CFR part 601 is amended. either location (e.g., CBI). To inspect the Confirmation of Effective Date Accordingly, the amendments issued thereby hard copy materials, please schedule an are effective. appointment during normal business AGENCY: Food and Drug Administration, Dated: August 14, 2009. hours with the contact listed in the FOR HHS. David Horowitz, FURTHER INFORMATION CONTACT section. ACTION: Direct final rule; confirmation of Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: effective date. [FR Doc. E9–20119 Filed 8–20–09; 8:45 am] Cynthia G. Allen, Air Division, U.S. SUMMARY: The Food and Drug BILLING CODE 4160–01–S EPA Region IX, (415) 947–4120, Administration (FDA) is confirming the [email protected]. effective date of September 17, 2009, for SUPPLEMENTARY INFORMATION: the direct final rule that appeared in the ENVIRONMENTAL PROTECTION Throughout this document, the terms Federal Register of May 5, 2009 (74 FR AGENCY ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 20583). The direct final rule amends the Organization of this document: The 40 CFR Part 55 biologics regulations to clarify the following outline is provided to aid in regulatory procedures for notifying the [OAR–2004–0091; FRL–8941–3] locating information in this preamble. public about the revocation of a biologics license. The rule provides that Outer Continental Shelf Air Table of Contents FDA will publish a notice in the Federal Regulations; Consistency Update for I. Background Register following revocation of a California II. Public Comment biologics license under FDA regulations III. EPA Action and will include a statement of the AGENCY: Environmental Protection IV. Statutory and Executive Order Reviews Agency (‘‘EPA’’). specific grounds for the revocation. This I. Background document confirms the effective date of ACTION: Final rule. the direct final rule. On April 20, 2009 (74 FR 17934), EPA SUMMARY: EPA is finalizing the update proposed to approve requirements into DATES: Effective date confirmed: of the Outer Continental Shelf (‘‘OCS’’) the OCS Air Regulations pertaining to September 17, 2009. Air Regulations proposed in the Federal Santa Barbara County APCD. These FOR FURTHER INFORMATION CONTACT: Paul Register on April 20, 2009. requirements are being promulgated in E. Levine, Jr., Center for Biologics Requirements applying to OCS sources response to the submittal of rules from Evaluation and Research (HFM–17), located within 25 miles of states’ this California air pollution control Food and Drug Administration, 1401 seaward boundaries must be updated agency. EPA has evaluated the proposed Rockville Pike, suite 200N, Rockville, periodically to remain consistent with requirements to ensure that they are MD 20852–1448, 301–827–6210. the requirements of the corresponding rationally related to the attainment or SUPPLEMENTARY INFORMATION: In the onshore area (‘‘COA’’), as mandated by maintenance of federal or state ambient Federal Register of May 5, 2009 (74 FR section 328(a)(1) of the Clean Air Act air quality standards or Part C of title I 20583), FDA issued a direct final rule Amendments of 1990 (‘‘the Act’’). The of the Act, that they are not designed amending the biologics regulations for portion of the OCS air regulations that expressly to prevent exploration and notifying the public about the is being updated pertains to the development of the OCS and that they revocation of a biologics license by requirements for OCS sources for which are applicable to OCS sources. 40 CFR clarifying that FDA will publish a notice the Santa Barbara County Air Pollution 55.1. EPA has also evaluated the rules of license revocation in cases where the Control District (Santa Barbara County to ensure that they are not arbitrary or Commissioner has made a finding that APCD) is the designated COA. The capricious. 40 CFR 55.12(e). In addition, reasonable grounds for revocation exist intended effect of approving the EPA has excluded administrative or under 21 CFR 601.5(b). The rule, as requirements contained in the ‘‘Santa procedural rules. amended, does not affect other Barbara County Air Pollution Control Section 328(a) of the Act requires that regulations or procedures for District Requirements Applicable to EPA establish requirements to control notification of license revocation. The OCS Sources’’ (June 2009) is to regulate air pollution from OCS sources located rule, as amended, also does not affect emissions from OCS sources in within 25 miles of states’ seaward existing FDA practices for publishing accordance with the requirements boundaries that are the same as onshore notices of voluntary withdrawal, onshore. requirements. To comply with this

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statutory mandate, EPA must exercise of any policy discretion by 65898 (November 1, 2005)), the annual incorporate applicable onshore rules EPA. For that reason, this action: public reporting and recordkeeping into 40 CFR part 55 as they exist • Is not a ‘‘significant regulatory burden for collection of information onshore. This limits EPA’s flexibility in action’’ subject to review by the Office under 40 CFR part 55 is estimated to deciding which requirements will be of Management and Budget under average 549 hours per response. Burden incorporated into part 55 and prevents Executive Order 12866 (58 FR 51735, means the total time, effort, or financial EPA from making substantive changes October 4, 1993); resources expended by persons to to the requirements it incorporates. As • Is certified as not having a generate, maintain, retain, or disclose or a result, EPA may be incorporating rules significant economic impact on a provide information to or for a Federal into part 55 that do not conform to all substantial number of small entities agency. This includes the time needed of EPA’s state implementation plan under the Regulatory Flexibility Act (5 to review instructions; develop, acquire, (SIP) guidance or certain requirements U.S.C. 601 et seq.); install, and utilize technology and of the Act. Consistency updates may • Does not contain any unfunded systems for the purposes of collecting, result in the inclusion of State or local mandate or significantly or uniquely validating, and verifying information, rules or regulations into part 55, even affect small governments, as described processing and maintaining though the same rules may ultimately be in the Unfunded Mandates Reform Act information, and disclosing and disapproved for inclusion as part of the of 1995 (Pub. L. 104–4); providing information; adjust the SIP. Inclusion in the OCS rule does not • Does not have Federalism existing ways to comply with any imply that a rule meets the requirements implications as specified in Executive previously applicable instructions and of the Act for SIP approval, nor does it Order 13132 (64 FR 43255, August 10, requirements; train personnel to be able imply that the rule will be approved by 1999); to respond to a collection of EPA for inclusion in the SIP. • Is not an economically significant information; search data sources; regulatory action based on health or complete and review the collection of II. Public Comment safety risks subject to Executive Order information; and transmit or otherwise EPA’s proposed actions provided a 13045 (62 FR 19885, April 23, 1997); disclose the information. 30-day public comment period. During • Is not a significant regulatory action An agency may not conduct or this period, we received no comments subject to Executive Order 13211 (66 FR sponsor, and a person is not required to on the proposed action. 28355, May 22, 2001); respond to, a collection of information • Is not subject to requirements of III. EPA Action unless it displays a currently valid OMB Section 12(d) of the National control number. The OMB control In this document, EPA takes final Technology Transfer and Advancement numbers for EPA’s regulations in 40 action to incorporate the proposed Act of 1995 (15 U.S.C. 272 note) because CFR are listed in 40 CFR part 9 and are changes into 40 CFR part 55. No application of those requirements would identified on the form and/or changes were made to the proposed be inconsistent with the Clean Air Act; instrument, if applicable. In addition, action. EPA is approving the proposed and the table in 40 CFR part 9 of currently action under section 328(a)(1) of the • Does not provide EPA with the approved OMB control numbers for Act, 42 U.S.C. 7627. Section 328(a) of discretionary authority to address, as various regulations lists the regulatory the Act requires that EPA establish appropriate, disproportionate human citations for the information requirements to control air pollution health or environmental effects, using requirements contained in 40 CFR part from OCS sources located within 25 practicable and legally permissible 55. miles of states’ seaward boundaries that methods, under Executive Order 12898 The Congressional Review Act, 5 are the same as onshore requirements. (59 FR 7629, February 16, 1994). U.S.C. 801 et seq., as added by the Small To comply with this statutory mandate, In addition, this rule does not have Business Regulatory Enforcement EPA must incorporate applicable tribal implications as specified by Fairness Act of 1996, generally provides onshore rules into Part 55 as they exist Executive Order 13175 (65 FR 67249, that before a rule may take effect, the onshore. November 9, 2000), because it does not agency promulgating the rule must have a substantial direct effect on one or submit a rule report, which includes a IV. Statutory and Executive Order more Indian tribes, on the relationship copy of the rule, to each House of the Reviews between the Federal Government and Congress and to the Comptroller General Under the Clean Air Act, the Indian tribes, or on the distribution of of the United States. EPA will submit a Administrator is required to establish power and responsibilities between the report containing this action and other requirements to control air pollution Federal Government and Indian tribes, required information to the U.S. Senate, from OCS sources located within 25 nor does it impose substantial direct the U.S. House of Representatives, and miles of States’ seaward boundaries that compliance costs on tribal governments, the Comptroller General of the United are the same as onshore air control nor preempt tribal law. States prior to publication of the rule in requirements. To comply with this Under the provisions of the the Federal Register. A major rule statutory mandate, EPA must Paperwork Reduction Act, 44 U.S.C. cannot take effect until 60 days after it incorporate applicable onshore rules 3501 et seq., OMB has approved the is published in the Federal Register. into part 55 as they exist onshore. 42 information collection requirements This action is not a ‘‘major rule’’ as U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, contained in 40 CFR part 55 and, by defined by 5 U.S.C. 804(2). in promulgating OCS consistency extension, this update to the rules, and Under section 307(b)(1) of the Clean updates, EPA’s role is to maintain has assigned OMB control number Air Act, petitions for judicial review of consistency between OCS regulations 2060–0249. Notice of OMB’s approval of this action must be filed in the United and the regulations of onshore areas, EPA Information Collection Request States Court of Appeals for the provided that they meet the criteria of (‘‘ICR’’) No. 1601.06 was published in appropriate circuit by September 21, the Clean Air Act. Accordingly, this the Federal Register on March 1, 2006 2009. Filing a petition for action simply updates the existing OCS (71 FR 10499–10500). The approval reconsideration by the Administrator of requirements to make them consistent expires January 31, 2009. As EPA this final rule does not affect the finality with requirements onshore, without the previously indicated (70 FR 65897– of this action for the purposes of judicial

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review nor does it extend the time Rule 107 Emergencies (Adopted 04/19/01) Rule 343 Petroleum Storage Tank Degassing within which a petition for judicial Rule 201 Permits Required (Adopted (Adopted 12/14/93) review may be filed, and shall not 06/19/08) Rule 344 Petroleum Sumps, Pits, and Well postpone the effectiveness of such rule Rule 202 Exemptions to Rule 201 (Adopted Cellars (Adopted 11/10/94) 06/19/08) Rule 346 Loading of Organic Liquid Cargo or action. This action may not be Rule 203 Transfer (Adopted 04/17/97) Vessels (Adopted 01/18/01) challenged later in proceedings to Rule 204 Applications (Adopted 04/17/97) Rule 352 Natural Gas-Fired Fan-Type enforce its requirements. (See section Rule 205 Standards for Granting Permits Central Furnaces and Residential Water 307(b)(2).) (Adopted 04/17/97) Heaters (Adopted 09/16/99) Rule 206 Conditional Approval of Rule 353 Adhesives and Sealants (Adopted List of Subjects in 40 CFR Part 55 Authority to Construct or Permit to Operate 08/19/99) Environmental protection, (Adopted 10/15/91) Rule 359 Flares and Thermal Oxidizers Administrative practice and procedures, Rule 207 Denial of Application (Adopted (Adopted 06/28/94) Air pollution control, Hydrocarbons, 10/23/78) Rule 360 Emissions of Oxides of Nitrogen Rule 210 Fees (Adopted 03/17/05) from Large Water Heaters and Small Incorporation by reference, Rule 212 Emission Statements Intergovernmental relations, Nitrogen Boilers (Adopted 10/17/02) (Adopted 10/20/92) Rule 361 Small Boilers, Steam Generators, dioxide, Nitrogen oxides, Outer Rule 301 Circumvention (Adopted and Process Heaters (Adopted 01/17/08) Continental Shelf, Ozone, Particulate 10/23/78) Rule 370 Potential to Emit—Limitations for matter, Permits, Reporting and Rule 302 Visible Emissions (Adopted Part 70 Sources (Adopted 06/15/95) recordkeeping requirements, Sulfur 10/23/78) Rule 505 Breakdown Conditions Sections Rule 304 Particulate Matter—Northern oxides. A., B.1., and D. only (Adopted 10/23/78) Zone (Adopted 10/23/78) Rule 603 Emergency Episode Plans Dated: June 24, 2009. Rule 305 Particulate Matter (Adopted 06/15/81) Concentration—Southern Zone (Adopted Jane Diamond, Rule 702 General Conformity (Adopted 10/ Acting Regional Administrator, Region IX. 10/23/78) Rule 306 Dust and Fumes—Northern Zone 20/94) ■ Title 40, chapter I of the Code of (Adopted 10/23/78) Rule 801 New Source Review (Adopted 04/ Federal Regulations is amended as Rule 307 Particulate Matter Emission 17/97) follows: Weight Rate—Southern Zone (Adopted Rule 802 Nonattainment Review (Adopted 10/23/78) 04/17/97) PART 55—[AMENDED] Rule 308 Incinerator Burning (Adopted Rule 803 Prevention of Significant 10/23/78) Deterioration (Adopted 04/17/97) ■ 1. The authority citation for part 55 Rule 309 Specific Contaminants (Adopted Rule 804 Emission Offsets (Adopted continues to read as follows: 10/23/78) 04/17/97) Rule 805 Air Quality Impact Analysis and Authority: Section 328 of the Clean Air Rule 310 Odorous Organic Sulfides (Adopted 10/23/78) Modeling (Adopted 04/17/97) Act (42 U.S.C. 7401 et seq.) as amended by Rule 808 New Source Review for Major Public Law 101–549. Rule 311 Sulfur Content of Fuels (Adopted 10/23/78) Sources of Hazardous Air Pollutants ■ 2. Section 55.14 is amended by Rule 312 Open Fires (Adopted 10/02/90) (Adopted 05/20/99) revising paragraph (e)(3)(ii)(F) to read as Rule 316 Storage and Transfer of Gasoline Rule 1301 Part 70 Operating Permits— General Information (Adopted 06/19/03) follows: (Adopted 01/15/09) Rule 317 Organic Solvents (Adopted Rule 1302 Part 70 Operating Permits— § 55.14 Requirements that apply to OCS 10/23/78) Permit Application (Adopted 11/09/93) sources located within 25 miles of states Rule 318 Vacuum Producing Devices or Rule 1303 Part 70 Operating Permits— seaward boundaries, by state. Systems—Southern Zone (Adopted Permits (Adopted 11/09/93) 10/23/78) Rule 1304 Part 70 Operating Permits— * * * * * Rule 321 Solvent Cleaning Operations Issuance, Renewal, Modification and (e) * * * (Adopted 09/18/97) Reopening (Adopted 11/09/93) (3) * * * Rule 322 Metal Surface Coating Thinner Rule 1305 Part 70 Operating Permits— (ii) * * * and Reducer (Adopted 10/23/78) Enforcement (Adopted 11/09/93) (F) Santa Barbara County Air Rule 323 Architectural Coatings (Adopted * * * * * Pollution Control District Requirements 11/15/01) [FR Doc. E9–20048 Filed 8–20–09; 8:45 am] Applicable to OCS Sources, June, 2009. Rule 324 Disposal and Evaporation of * * * * * Solvents (Adopted 10/23/78) BILLING CODE 6560–50–P ■ 3. Appendix A to CFR Part 55 is Rule 325 Crude Oil Production and Separation (Adopted 07/19/01) amended by revising paragraph (b)(6) Rule 326 Storage of Reactive Organic ENVIRONMENTAL PROTECTION under the heading ‘‘California’’ to read Compound Liquids (Adopted 01/18/01) AGENCY as follows: Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85) 40 CFR Part 721 Appendix A to Part 55—Listing of State Rule 328 Continuous Emission Monitoring and Local Requirements Incorporated (Adopted 10/23/78) [EPA–HQ–OPPT–2008–0252; FRL–8433–9] by Reference Into Part 55, by State Rule 330 Surface Coating of Metal Parts and RIN 2070–AB27 * * * * * Products (Adopted 01/20/00) California Rule 331 Fugitive Emissions Inspection and Certain Chemical Substances; (b) * * * Maintenance (Adopted 12/10/91) Withdrawal of Significant New Use Rule 332 Petroleum Refinery Vacuum * * * * * Producing Systems, Wastewater Separators Rules (6) The following requirements are and Process Turnarounds (Adopted contained in Santa Barbara County Air AGENCY: Environmental Protection 06/11/79) Agency (EPA). Pollution Control District Requirements Rule 333 Control of Emissions from Applicable to OCS Sources: Reciprocating Internal Combustion Engines ACTION: Withdrawal of final rules. Rule 102 Definitions (Adopted 01/15/09) (Adopted 06/19/08) Rule 103 Severability (Adopted 10/23/78) Rule 342 Control of Oxides of Nitrogen SUMMARY: EPA is withdrawing two Rule 106 Notice to Comply for Minor (NOx) from Boilers, Steam Generators and significant new use rules (SNURs) Violations (Repealed 01/01/2001) Process Heaters) (Adopted 04/17/97) promulgated under section 5(a)(2) of the

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Toxic Substances Control Act (TSCA) SNURs for these two chemical List of Subjects in 40 CFR Part 721 for chemical substances which were the substances via notice and comment Environmental protection, Chemicals, subject of premanufacture notices rulemaking in a future Federal Register Hazardous substances, Reporting and (PMNs), i.e., multi-walled carbon document. recordkeeping requirements. nanotubes (PMN P–08–177) and single- For further information regarding walled carbon nanotubes (PMN P–08– EPA’s expedited process for issuing Dated: August 17, 2009. 328). These chemical substances are SNURs, interested parties are directed to Wendy C. Hamnett, subject to TSCA section 5(e) consent 40 CFR part 721, subpart D, and the Acting Director, Office of Pollution Prevention orders issued by EPA. EPA published Federal Register of July 27, 1989 (54 FR and Toxics. the SNURs using direct final rulemaking 31314). The record for the direct final ■ Therefore, 40 CFR part 721 is procedures. EPA received a notice of SNURs for these chemical substances amended as follows: intent to submit adverse comments on which are being withdrawn was these rules. Therefore, the Agency is established at EPA–HQ–OPPT–2008– PART 721—[AMENDED] withdrawing these SNURs, as required under the expedited SNUR rulemaking 0252. That record includes information ■ 1. The authority citation for part 721 process. EPA also intends to publish in considered by the Agency in developing continues to read as follows: these rules and the notice of intent to the Federal Register, under separate Authority: 15 U.S.C. 2604, 2607, and notice and comment rulemaking submit adverse comments. 2625(c). procedures, proposed SNURS for these III. How Do I Access the Docket? two chemical substances. § 721.10155 [Removed] DATES: This final rule is effective August To access the electronic docket, ■ 2. By removing § 721.10155. 21, 2009. please go to http://www.regulations.gov and follow the online instructions to § 721.10156 [Removed] FOR FURTHER INFORMATION CONTACT: For ■ 3. By removing § 721.10156. general information contact: Colby access docket ID no. EPA–HQ–OPPT– Lintner, Regulatory Coordinator, 2008–0252. Additional information [FR Doc. E9–20150 Filed 8–20–09; 8:45 am] Environmental Assistance Division about the Docket Facility is provided BILLING CODE 6560–50–S (7408M), Office of Pollution Prevention under ADDRESSES in the Federal and Toxics, Environmental Protection Register document of June 4, 2009 (74 Agency, 1200 Pennsylvania Ave., NW., FR 29982). If you have questions, DEPARTMENT OF COMMERCE Washington, DC 20460–0001; telephone consult the technical person listed number: (202) 554–1404; e-mail address: under FOR FURTHER INFORMATION National Oceanic and Atmospheric [email protected]. CONTACT. Administration For technical information contact: IV. What Statutory and Executive Order Karen Chu, Chemical Control Division 50 CFR Part 679 Reviews Apply to this Action? (7405M), Office of Pollution Prevention [Docket No. 0809031176–91213–03] and Toxics, Environmental Protection This final rule revokes or eliminates RIN 0648–AX25 Agency, 1200 Pennsylvania Ave., NW., an existing regulatory requirement and Washington, DC 20460–0001; telephone does not contain any new or amended Fisheries of the Exclusive Economic number: (202) 564–8773; e-mail address: requirements. As such, the Agency has Zone Off Alaska; Bering Sea and [email protected]. determined that this withdrawal will Aleutian Islands (Amendment 90) and SUPPLEMENTARY INFORMATION: not have any adverse impacts, economic Gulf of Alaska Groundfish I. Does this Action Apply to Me? or otherwise. The statutory and (Amendment 78); Limited Access executive order review requirements Privilege Programs A list of potentially affected entities is applicable to the direct final rule were provided in the Federal Register of June discussed in the Federal Register AGENCY: National Marine Fisheries 24, 2009 (74 FR 29982) (FRL–8417–6). If document of June 24, 2009 (74 FR Service (NMFS), National Oceanic and you have questions regarding the 29982). Those review requirements do Atmospheric Administration (NOAA), applicability of this action to a not apply to this action because it is a Commerce. particular entity, consult the technical withdrawal and does not contain any ACTION: Final rule. FOR FURTHER person listed under new or amended requirements. INFORMATION CONTACT. SUMMARY: NMFS issues regulations V. Congressional Review Act implementing Amendment 90 to the II. What Rules are Being Withdrawn? Fishery Management Plan for In the Federal Register of June 24, The Congressional Review Act, 5 Groundfish of the Bering Sea and 2009 (74 FR 29982), EPA issued several U.S.C. 801 et seq., generally provides Aleutian Islands Management Area and direct final SNURs, including SNURs that before a rule may take effect, the Amendment 78 to the Fishery for the two chemical substances that are agency promulgating the rule must Management Plan for Groundfish of the the subject of this withdrawal. These submit a rule report to each House of Gulf of Alaska. This regulation amends direct final rules were issued pursuant the Congress and the Comptroller the Bering Sea and Aleutian Islands to the procedures in 40 CFR part 721, General of the United States. EPA will Amendment 80 Program and the Central subpart D. In accordance with 40 CFR submit a report containing this rule and Gulf of Alaska Rockfish Program to 721.160(c)(3)(ii), EPA is withdrawing other required information to the U.S. allow post-delivery transfers of the rules issued for multi-walled carbon Senate, the U.S. House of cooperative quota to cover overages. nanotubes (PMN P–08–177) and single- Representatives, and the Comptroller This action is necessary to mitigate walled carbon nanotubes (PMN P–08– General of the United States prior to potential overages, reduce enforcement 328) because the Agency received a publication of the rule in the Federal costs, and provide for more precise total notice of intent to submit adverse Register. This rule is not a ‘‘major rule’’ allowable catch management. This comments. EPA intends to propose as defined by 5 U.S.C. 804(2). action is intended to promote the goals

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and objectives of the Magnuson-Stevens (Rockfish Program). Regulations Additionally, a cooperative also receives Fishery Conservation and Management implementing Amendment 80 were a specific amount of CQ that may be Act, the Fishery Management Plans, and published on September 14, 2007 (72 FR used for the incidental catch of a other applicable law. 52668), and regulations implementing specific amount of crab or halibut. DATES: Effective September 21, 2009. Amendment 68 were published on Incidentally caught crab or halibut, November 20, 2006 (71 FR 67210). commonly called prohibited species ADDRESSES: Amendment 90 to the These regulations are located at 50 CFR catch (PSC), cannot be retained, Fishery Management Plan for part 679. processed, or sold. QS holders Groundfish of the Bering Sea and participating in the limited access Aleutian Islands Management Area and Background fishery are not assigned an exclusive Amendment 78 to the Fishery NMFS issued quota share (QS) under harvest or PSC use privilege, but may Management Plan for Groundfish of the the Amendment 80 Program and the compete for the allocation of groundfish Gulf of Alaska, the categorical exclusion Rockfish Program. Under the and PSC remaining after CQ has been memoranda, and the Regulatory Impact Amendment 80 Program, NMFS issued assigned to all cooperatives. Review/Final Regulatory Flexibility QS to persons based on their qualifying After joining a cooperative or the Analyses (RIR/FRFA) prepared for this harvest histories using specific trawl limited access fishery, a person may action as well as the Programmatic catcher/processor vessels in six BSAI participate in only that cooperative or Supplemental Environmental Impact non-pollock groundfish fisheries during the limited access fishery for that Statement prepared for Alaska 1998 through 2004. Under the Rockfish calendar year. A person who joins a groundfish fisheries may be obtained Program, NMFS issued QS to persons cooperative must assign the individual from the NMFS Alaska Region website based on their qualifying harvest fishing quota derived from his or her QS at: http://alaskafisheries.noaa.gov. histories using trawl catcher vessels and (prior to the start of the fishing season FOR FURTHER INFORMATION CONTACT: trawl catcher/processors of rockfish for that LAPP) to the cooperative and Glenn Merrill or Rachel Baker, 907– species and species harvested the specific vessels that will be fishing 586–7228. incidentally in Central Gulf of Alaska for that cooperative. For example, SUPPLEMENTARY INFORMATION: The rockfish fisheries during 1996 through persons wishing to participate in an groundfish fisheries in the exclusive 2002. These two programs are Amendment 80 cooperative must assign economic zone off Alaska are managed commonly known as limited access their QS and vessels to an Amendment under the Fishery Management Plan for privilege programs (LAPPs) because the 80 cooperative by November 1 of each Groundfish of the Bering Sea and participants may receive exclusive year to be eligible to fish in a Aleutian Islands Management Area access to fishery resources if specific cooperative for the following calendar (BSAI FMP) and the Fishery conditions are met. Each year, the year. Once a person assigns his QS or Management Plan for Groundfish of the person issued QS may participate in vessel to a cooperative, he may not Gulf of Alaska (GOA FMP). The FMPs either a fishery cooperative with other reassign his QS or vessel to another were prepared by the North Pacific QS holders or in a limited access fishery cooperative or the limited access fishery Fishery Management Council (Council) with other non-cooperative participants during the calendar year for which that under the Magnuson-Stevens Fishery who hold QS. The total amount of QS QS or vessel is assigned. Conservation and Management Act assigned to all members of a cooperative Table 1 shows the specific groundfish (Magnuson-Stevens Act). Amendment yields an amount of cooperative quota species for which NMFS issues QS and 80 to the BSAI FMP implemented the (CQ), which is a permit that provides an the PSC species for which CQ may be Amendment 80 Program. Amendment exclusive harvesting privilege for a issued if a person joins a cooperative 68 to the GOA FMP implemented the specific amount of groundfish, in under the Amendment 80 Program and Central GOA Rockfish Program specific fisheries, in a given year. Rockfish Program.

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The mechanisms for joining a cooperatives to tailor their operations to The Council recommended cooperative, the process for issuing CQ specific harvesting conditions. All Amendments 90 and 78 to the FMPs to for groundfish or PSC species, and the transfers must be approved by NMFS improve the fleet’s flexibility, reduce monitoring and enforcement provisions before they become effective. Once a CQ the potential number of violations for necessary to ensure proper accounting transfer has been approved by NMFS, overages, reduce enforcement costs, and of catch under the Amendment 80 and the CQ account of the transferring allow more complete harvest of Rockfish Programs are described in cooperative is debited, and the CQ allocations. NMFS published a notice of detail in the final rules implementing account of the receiving cooperative is availability for Amendments 90 and 78 those LAPPs and are not repeated here credited. on December 17, 2008 (73 FR 76605), (for the Amendment 80 Program see 72 and a proposed rule on January 5, 2009 FR 52668, September 14, 2007; for the CQ Overages Under Current System (74 FR 254). More information on how Rockfish Program see 71 FR 67210, overages can occur and an overview of Under existing regulations, a November 20, 2006). the catch and accounting system used cooperative in either the Amendment 80 The size of each cooperative’s annual by NMFS and the NOAA Office for Law Program or the Rockfish Program is CQ allocation is based on the amount of Enforcement to monitor CQ is described prohibited from catching groundfish or QS held by the members relative to the in the preamble to the proposed rule. PSC on an annual basis that exceeds the total QS pool for a given groundfish The comment period on the proposed amount of CQ that is issued to that fishery. For example, a cooperative in rule and the notice of availability ended cooperative (see § 679.7(n)(7)(i) for the the Amendment 80 Program composed on February 17, 2009. Six comments Rockfish Program and § 679.7(o)(4)(v) of members holding QS equaling 40 were received from three individuals for the Amendment 80 Program). This percent of the QS pool in the yellowfin regarding the proposed rule and FMP sole fishery would receive CQ to harvest prohibits a cooperative from having a amendment. Two comments supported 40 percent of the annual total allowable negative CQ balance for a given species the proposed rule, and three comments catch (TAC) of yellowfin sole that is and subsequently receiving transferred questioned specific technical aspects of assigned to the Amendment 80 Program. CQ after the landing to rectify the the regulation. These comments did not Any catch of groundfish or PSC species negative CQ balance. raise new issues or concerns that have for which CQ is issued under the CQ overages by cooperatives in the not been addressed in the RIR/FRFA specific LAPP (i.e., either the Rockfish Program and Amendment 80 prepared to support this action or the Amendment 80 or Rockfish Program) is Program are likely to be uncommon. In preamble to the proposed rule. The debited from a cooperative’s CQ 2007, the first year under the Rockfish remaining comment was not directly account. Program, no overages of CQ occurred. related to the action and did not raise The Amendment 80 Program and the Results from 2008, the second year of new issues or concerns that have not Rockfish Program allow cooperatives to the Rockfish Program, and the first year already been addressed in the analysis transfer their unused CQ between of the Amendment 80 Program, are prepared to support this action or the cooperatives. Transfers allow pending. preamble to the proposed rule. After

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consideration of these comments, NMFS defined as the period beginning when a Program to prohibit a person from approved Amendments 90 and 78 on vessel operator commences harvesting having a negative balance in a CQ March 16, 2009. any groundfish species that is assigned account for any species after the end of CQ under the relevant LAPP and ending the calendar year for which that CQ Effects of the Action when the vessel operator removes any permit was issued. A transfer of CQ after fish have been processed or unprocessed groundfish Response to Comments landed to rectify a negative CQ balance CQ species from that vessel. The is commonly known as a post-delivery specific groundfish and PSC species for NMFS received six comments from transfer. The following sections briefly both LAPPs are listed above in Table 1. three individuals regarding describe the effects of allowing post- The definition of a fishing trip Amendments 90 and 78 and the delivery transfers to cover CQ overages. effectively extends from the first harvest proposed rule. Two commenters Additional discussion of the rationale of a groundfish species that is issued CQ represent organizations of Rockfish and effects of this action is provided in in the applicable LAPP until the Program and Amendment 80 Program the preamble to the proposed rule beginning of a delivery of groundfish participants that will be affected by this published on January 5, 2009 (74 FR from a catcher vessel, or the beginning action. The third commenter did not 254), and is not repeated here. of offloading processed groundfish from indicate an affiliation. Allowing post-delivery transfers in a catcher/processor. This definition Comment 1: The commenter raises the Amendment 80 Program and ensures that no member of a cooperative general concerns about fisheries Rockfish Program can mitigate potential could commence fishing for any management asserting that fishery overages, reduce enforcement costs, and groundfish species on the cooperative’s policies have been overly liberal and provide for more precise TAC CQ permit on any vessel until the CQ have not been to the benefit of American management and more value from the accounts of all groundfish and PSC citizens. The commenter asserts that harvests for participants. Post-delivery species assigned to that cooperative are NMFS is biased and should not be transfers also increase fleet flexibility positive. This provision is intended to allowed to manage fisheries. and allow more efficient use of discourage harvesters from continuing Response: The comments are not resources. The flexibility to complete to debit groundfish or PSC against their specifically related to the proposed rule transfers after delivery reduces the cooperative’s CQ account for numerous and recommend broad changes to potential that some CQ will remain fishing trips and run a negative CQ fisheries management that are outside unharvested if a cooperative is not able balance without ensuring that adequate the scope of this action. to harvest its CQ allocation without the unused CQ exists that can be transferred Comment 2: The commenter risk of an overage, and minimizes the from another cooperative to cover that represents Rockfish Program potential for CQ overages because a CQ negative balance. participants who support this action account can be balanced after delivery This rule prohibits a cooperative from and believe it will facilitate catch through a post-delivery transfer. maintaining a negative balance in its CQ accounting in the Rockfish Program to This action allows post-delivery accounts for any groundfish or PSC accommodate overages. Given the transfers to cover CQ overages. There is species after the end of the calendar careful oversight of cooperative no limit on the size of a post-delivery year for which that CQ was issued. This managers, post-delivery transfers are transfer or on the number of post- prohibition effectively requires that all likely to be infrequent and will address delivery transfers a cooperative could post-delivery CQ transfers must be minor overages. undertake, but a vessel that is assigned completed by December 31 of each year. Response: NMFS notes the support for to that cooperative may not begin a new Overages that are not covered by this action. fishing trip for that cooperative if the December 31 of each year are subject to Comment 3: The Rockfish Program is CQ account balance is zero or negative a penalty or other enforcement action. a multi-species trawl LAPP. Trawl for any of the groundfish or PSC species This action is expected to reduce the fisheries may catch species other than CQ assigned to the cooperative. This risk of potential overages because those intended, which can make it more action prohibits a person from having a cooperatives would have time to difficult to maximize a cooperative’s CQ negative balance in a CQ account for balance their CQ accounts by the end of allocation without exceeding that any species after the end of the calendar the calendar year. amount. These factors should be cited as year for which that CQ permit was additional rationale for this action. issued. Summary of Regulatory Changes Response: The Council addressed the This rule does not modify existing This action makes the following factors cited by the commenter during regulations that require that CQ issued changes to the existing regulatory text at the development of Amendments 90 to a cooperative can be transferred only 50 CFR part 679: and 78. Section 2.3.1 of the analysis among other cooperatives, and that • Add two new paragraphs to define prepared for Amendment 78 provides a participants in a limited access fishery the term ‘‘fishing trip’’ at § 679.2; detailed description of the multi-species in either of these two LAPPs may not • Modify the existing prohibitions at nature of the Rockfish Program. Section transfer any unused TAC to § 679.7(n)(7)(i) for the Rockfish Program 2.4 of the analysis describes the cooperatives as CQ. and § 679.7(o)(4)(v) for the Amendment complexities harvesters face when Under the final rule, no member of a 80 Program to clarify that a person may trying to harvest a specific amount of cooperative may use any vessel assigned not begin a fishing trip with a vessel catch in multi-species trawl fisheries to that cooperative to begin a new assigned to a Rockfish Program and the potential effects of this action to fishing trip for any groundfish CQ cooperative or Amendment 80 Program mitigate agency and industry species unless the CQ balance of the cooperative, if that Amendment 80 or enforcement costs resulting from cooperative for all groundfish or PSC Rockfish cooperative does not hold potential overages. species for which CQ is assigned is unused CQ for all species for which CQ Comment 4: The definition of ‘‘fishing positive. The final rule defines the term is assigned; and trip’’ could be subject to interpretation, ‘‘fishing trip’’ for purposes of this • Add prohibitions at § 679.7(n)(7)(vi) and the commenter requests requirement to provide a clear standard for the Rockfish Program and clarification on how this definition for fishery participants. A fishing trip is § 679.7(o)(4)(vi) for the Amendment 80 would apply to the Rockfish Program.

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According to the proposed definition, a Response: NMFS notes the support for not dominant in its field of operation, Rockfish Program fishing trip is defined this action. and employs 500 or fewer persons on a as the period beginning when a vessel full-time, part-time, temporary, or other Classification operator commences harvesting any basis at all its affiliated operations Rockfish Program species and ending Consistency With the Magnuson-Stevens worldwide. when the vessel operator offloads or Act and Other Laws The SBA does not have a size criterion for businesses that are transfers any Rockfish Program species, The Assistant Administrator for involved in both the harvesting and whether processed or unprocessed, from Fisheries, NOAA, has determined that the vessel. A vessel is considered processing of seafood products, and Amendments 90 and 78 are necessary fishing for Rockfish Program species NMFS has applied and continues to for the conservation and management of only when they are checked into the apply SBA’s fish harvesting criterion for BSAI and GOA groundfish fisheries and rockfish fishery via NMFS inseason those businesses because catcher/ that they are consistent with the management. The commenter assumes processors are first and foremost fish Magnuson-Stevens Act and other that this prohibition would not restrict harvesting businesses. Therefore, a applicable laws. a vessel from participating in another business involved in both the harvesting This final rule has been determined to fishery where these species could be and processing of seafood products is a be not significant for purposes of taken incidentally or as a directed target small business if it meets the $4.0 Executive Order 12866. fishery but not a part of the Rockfish million criterion for fish harvesting Program. Final Regulatory Flexibility Analysis operations. Response: NMFS agrees with the (FRFA) The FRFA contains a description and interpretation provided by the estimate of the number of small entities A FRFA was prepared that describes commenter. The regulations make it to which this final rule would apply. In the economic impact that this action has clear that the post-delivery transfer the Rockfish Program, seven on small entities. The RIR/FRFA provisions apply only to the delivery of cooperatives formed during the first prepared for this final rule is available fish caught under the authority of a CQ year (2007). The FRFA estimates that permit. When a vessel is not fishing from NMFS (see ADDRESSES). The five of the seven cooperatives are large under a Rockfish Program fishery, fish FRFA for this action describes the entities and two cooperatives are small are not harvested under a CQ permit, action, why this action is being entities. In the first year of the and the post-delivery requirement proposed, the objectives and legal basis Amendment 80 Program (2008), provisions do not apply. for the final rule, the type and number participants formed one cooperative. Comment 5: It appears that a of small entities to which the final rule The FRFA estimates that the cooperative would not be in violation of applies, and projected reporting, Amendment 80 cooperative is a large the requirement that a vessel cannot recordkeeping, and other compliance entity. begin a new fishing trip if two or more requirements of the final rule. It also This action directly regulates CQ of its vessels are on the grounds identifies no overlapping, duplicative, holders who might use post-delivery simultaneously, and one vessel in the or conflicting federal rules and transfers to cover overages. Estimates of cooperative makes a delivery that causes describes any significant alternatives to the number of small entities holding CQ the cooperative to exceed its CQ cap the final rule that accomplish the stated are based on estimates of gross while other cooperative vessels are objectives of the Magnuson-Stevens Act revenues. Landings data from the most fishing. The regulations appear to allow and other applicable statutes, and that recent season for which data are vessels in a cooperative to complete would minimize any significant adverse available (2005 for Rockfish Program their fishing trips, but would not allow economic impact of the final rule on and 2007 for Amendment 80 Program) them to begin a new fishing trip. small entities. The description of the were used to estimate the number of Response: NMFS agrees with the action, its purpose, and its legal basis small entities. interpretation provided by the are described in the preamble and are All of the directly regulated entities commenter. The regulations at 50 CFR not repeated here. are expected to benefit from this action 679.7(n)(7)(i) make it clear that it is An IRFA was prepared and relative to the status quo alternative prohibited to ‘‘begin a fishing trip for summarized in the classifications because the action allows greater any Rockfish Program species with any section of the preamble to the proposed flexibility and a period of time in which vessel assigned to a Rockfish rule, which was published on January 5, to reconcile overages. However, cooperative if the total amount of 2009 (74 FR 254). The public comment empirical data available to analysts on unharvested CQ that is currently held period ended on February 17, 2009. affiliations in the Rockfish Program and by that Rockfish cooperative is zero or NMFS received three public the Amendment 80 Program are less for any species for which CQ is submissions containing six unique currently incomplete, and it is not assigned.’’ The regulations do not comments on Amendments 90 and 78 possible to certify this outcome as prohibit vessels assigned to a and the proposed rule. These comments provided under the Regulatory cooperative from completing a fishing did not address the IRFA. Flexibility Act. Therefore, an IRFA and trip if the CQ account for a cooperative For purposes of a FRFA, the Small a FRFA were prepared as required. has been exceeded while those vessels Business Administration (SBA) has Among the three alternatives the are fishing. established that a business involved in Council considered for this action, the Comment 6: The commenter fish harvesting is a small business if it preferred alternative as described in this represents Amendment 80 Program is independently owned and operated, rule (Alternative 2) would best participants who support this action not dominant in its field of operation minimize potential adverse economic and believe it will facilitate catch (including its affiliates), and has impacts on the directly regulated accounting in the Amendment 80 combined annual gross receipts not in entities. Under the status quo Program, reduce the potential for CQ excess of $4.0 million for all its (Alternative 1), no post-delivery overages, reduce enforcement costs, and affiliated operations worldwide. A transfers would be allowed and small aid the fleet in fully harvesting its CQ seafood processor is a small business if entities would continue to be penalized accounts. it is independently owned and operated, for overages. Alternative 3 would have

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allowed post-delivery transfers, but with Dated: August 18, 2009. ■ 3. In § 679.7, paragraphs (n)(7)(i) and more limitations and restrictions than John Oliver, (o)(4)(v) are revised, and paragraphs Alternative 2, the alternative that Deputy Assistant Administrator For (n)(7)(vi) and (o)(4)(vi) are added to read provides small entities the most Operations, National Marine Fisheries as follows: flexibility to cover overages. Service. § 679.7 Prohibitions. ■ For the reasons set out in the Recordkeeping and Reporting preamble, NMFS amends 50 CFR part * * * * * Requirements 679 as follows: (n) * * * (7) * * * This final rule does not change PART 679—FISHERIES OF THE (i) Begin a fishing trip for any existing reporting, recordkeeping, or EXCLUSIVE ECONOMIC ZONE OFF Rockfish Program species with any other compliance requirements. Any ALASKA vessel assigned to a Rockfish person wishing to cover an overage will cooperative if the total amount of ■ be required to engage in a transfer of 1. The authority citation for 50 CFR unharvested CQ that is currently held CQ. The required reporting and part 679 continues to read as follows: by that Rockfish cooperative is zero or recordkeeping for a post-delivery Authority: 16 U.S.C. 773 et seq.; 1801 et less for any species for which CQ is transfer is the same as for any other CQ seq.; 3631 et seq.; Pub. L. 108–199; Pub. L. assigned. 108–447; and Pub. L. 109–479. transfer. NMFS Restricted Access * * * * * ■ Management Program (RAM) will 2. In § 679.2, paragraphs (4) and (5) (vi) Have a negative balance in a CQ continue to oversee share accounts and are added to the term ‘‘Fishing trip’’ to account for any species for which CQ is share use. At the time of landing, RAM read as follows: assigned after the end of the calendar will maintain a record of any overage, § 679.2 Definitions. year for which a CQ permit was issued. but instead of reporting overages to * * * * * NOAA Office of Law Enforcement * * * * * Fishing trip means: (o) * * * immediately, RAM will defer reporting (4) * * * until the end of the calendar year. * * * * * (4) For purposes of § 679.7(n)(7), the (v) Begin a fishing trip for any Small Entity Compliance Guide period beginning when a vessel operator Amendment 80 species with any vessel commences harvesting any Rockfish assigned to an Amendment 80 NMFS has posted a small entity Program species and ending when the cooperative if the total amount of compliance guide on its website at vessel operator offloads or transfers any unharvested CQ that is currently held http://alaskafisheries.noaa.gov to satisfy processed or unprocessed Rockfish by that Amendment 80 cooperative is the Small Business Regulatory Program species from that vessel. zero or less for any species for which Enforcement Fairness Act of 1996 (5) For purposes of § 679.7(o)(4), the CQ is assigned. requirement for a plain language guide period beginning when a vessel operator (vi) Have a negative balance in a CQ to assist small entities in complying commences harvesting any Amendment account for any species for which CQ is with this rule. 80 species and ending when the vessel assigned after the end of the calendar operator offloads or transfers any year for which a CQ permit was issued. List of Subjects in 50 CFR Part 679 processed or unprocessed Amendment * * * * * Alaska, Fisheries, Recordkeeping and 80 species from that vessel. [FR Doc. E9–20208 Filed 8–20–09; 8:45 am] reporting requirements. * * * * * BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 74, No. 161

Friday, August 21, 2009

This section of the FEDERAL REGISTER 0334 and/or RIN number 0910–AF96, by September 21, 2009, to the Office of contains notices to the public of the proposed any of the following methods, except Information and Regulatory Affairs, issuance of rules and regulations. The that comments on information OMB. To ensure that comments on purpose of these notices is to give interested collection issues under the Paperwork information collection are received, persons an opportunity to participate in the Reduction Act of 1995 must be OMB recommends that written rule making prior to the adoption of the final rules. submitted to the Office of Regulatory comments be faxed to the Office of Affairs, Office of Management and Information and Regulatory Affairs, Budget (OMB) (see the ‘‘Paperwork OMB, Attn: FDA Desk Officer, FAX: DEPARTMENT OF HEALTH AND Reduction Act of 1995’’ section of this 202–395–7285, or e-mailed to HUMAN SERVICES document). [email protected]. Electronic Submissions FOR FURTHER INFORMATION CONTACT: Food and Drug Administration Submit electronic comments in the For information concerning human following way: • drug products: Roger Goetsch, 21 CFR Parts 310, 314, and 600 Federal eRulemaking Portal: http:// Center for Drug Evaluation and [Docket No. FDA–2008–N–0334] www.regulations.gov. Follow the Research, Food and Drug instructions for submitting comments. Administration, 10903 New RIN 0910–AF96 Written Submissions Hampshire Ave., Bldg. 22, Silver Submit written submissions in the Spring, MD, 20993–0002, 301–770– Postmarketing Safety Reports for following ways: Human Drug and Biological Products; • 9299, or FAX: 301–827–6870. For information concerning human Electronic Submission Requirements • Mail/Hand delivery/Courier [For biological products: Stephen AGENCY: Food and Drug Administration, paper, disk, or CD–ROM submissions]: Ripley, Center for Biologics HHS. Division of Dockets Management (HFA– Evaluation and Research (HFM–17), ACTION: Proposed rule. 305), Food and Drug Administration, Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, 1401 Rockville Pike, suite 200N, SUMMARY: The Food and Drug MD 20852. Rockville, MD, 20852–1448, 301– Administration (FDA) is proposing to To ensure more timely processing of 827–6210. amend its postmarketing safety comments, FDA is no longer accepting SUPPLEMENTARY INFORMATION: reporting regulations for human drug comments submitted to the agency by e- and biological products to require that mail. FDA encourages you to continue Table of Contents persons subject to mandatory reporting to submit electronic comments by using requirements submit safety reports in an I. Introduction the Federal eRulemaking Portal, as II. Background electronic format that FDA can process, described previously, in the ADDRESSES A. Current Postmarketing Safety review, and archive. FDA is taking this portion of this document under Reporting Requirements action to improve the agency’s systems Electronic Submissions. 1. Description and Timing of Safety for collecting and analyzing Instructions: All submissions received Reports postmarketing safety reports. The must include the agency name and 2. Current Format for the Submission proposed change would help the agency Docket No. and Regulatory Information of Postmarketing Safety Reports to more rapidly review postmarketing Number (RIN) for this rulemaking. All B. Previously Proposed Revisions to safety reports, identify emerging safety comments received may be posted the Postmarketing Safety Reporting problems, and disseminate safety without change to http:// Requirements information in support of FDA’s public www.regulations.gov, including any C. Rationale for Requiring Electronic health mission. In addition, the personal information provided. For Submission of Postmarketing Safety proposed amendments would be a key additional information on submitting Reports element in harmonizing FDA’s comments, see the ‘‘Comments’’ heading 1. Expedited Identification of postmarketing safety reporting of the SUPPLEMENTARY INFORMATION Emerging Safety Problems regulations with international standards section of this document. 2. Improved Speed and Efficiency of for the electronic submission of safety Docket: For access to the docket to Industry and Agency Operations information. read background documents or 3. International Harmonization of DATES: Submit written or electronic comments received, go to http:// Safety Reporting comments on the proposed rule by www.regulations.gov and insert the D. Electronic Format Submission November 19, 2009. Submit comments docket number(s), found in brackets in Initiatives on information collection issues under the heading of this document, into the 1. Electronic Submission of the Paperwork Reduction Act of 1995 by ‘‘Search’’ box and follow the prompts Postmarketing Safety Reports September 21, 2009, (see section ‘‘VII. and/or go to the Division of Dockets 2. Comments on the Advance Notice Paperwork Reduction Act of 1995’’ of Management, 5630 Fishers Lane, rm. of Proposed Rulemaking (ANPRM) this document). See section III.G of this 1061, Rockville, MD 20852. for Mandatory Electronic document for the proposed effective The information collection provisions Submission of Postmarketing Safety date of a final rule based on this of this proposed rule have been Reports to FDA proposed rule. submitted to OMB for review. Interested III. Description of the Proposed Rule ADDRESSES: You may submit comments, persons are requested to fax comments A. Electronic Submission of identified by Docket No. FDA–2008–N– regarding information collection by Postmarketing Safety Reports

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B. Safety Reports Not Covered by the II of this document), which would be an pharmaceutical products among the Proposed Rule important step toward improving the three ICH regions: The European Union, C. Waivers agency’s systems for collecting and Japan, and the United States. In this D. Individual Case Safety Report analyzing these reports. The proposal proposed rule, we reaffirm our intention (ICSR)—Definition and Required would: to continue to rely on these ICH- Information • Eliminate the time and costs recommended standards, in addition to E. Removal of Paper Format associated with submitting paper providing other options (see section Provisions reports (for industry) and converting II.D.1 of this document). We believe the F. Miscellaneous Changes data from paper reports into electronic continued use of ICH standards will G. Proposed Implementation format for review and analysis (for the promote harmonization of safety Timeframe agency), reporting among regulatory agencies and IV. Legal Authority • Expedite the agency’s access to facilitate the international exchange of V. Environmental Impact safety information and provide data to postmarketing safety information. VI. Analysis of Impacts the agency in a format that would Accordingly, this proposed rule is A. Benefits support more efficient and consistent with ongoing agency B. Costs comprehensive reviews, and initiatives to encourage the widest C. Summary of Benefits and Costs • Enhance our ability to rapidly possible use of electronic technology D. Alternatives Considered communicate information about and to promote international E. Small Business Impact suspected problems to health care harmonization of safety reporting for VII. Paperwork Reduction Act of 1995 providers, consumers, applicants, and human drug and biological products A. Reporting Cost sponsors within the United States and B. Capital Costs through reliance on ICH standards. (See internationally in support of FDA’s section II.C.3 of this document for VIII. Federalism public health mission. IX. Request for Comments additional discussion of ICH.). The proposed rule would require that In this document, we provide I. Introduction postmarketing safety reports be background information on the current submitted to us in an electronic format When a drug or biological product is status of FDA’s postmarketing safety that we can process, review, and approved and enters the market, the reporting requirements (current archive. Consistent with FDA’s current product is introduced to a larger patient regulations and previously proposed practice for firms that already submit population in settings different from revisions) (sections II.A and II.B of this these reports in electronic format clinical trials. New information document). We also discuss the voluntarily, technical specifications generated during the postmarketing rationale for proposing this rule (section referenced in FDA guidance documents period offers further insight into the II.C of this document). Additionally, we will describe how to submit such benefits and risks of the product, and describe electronic postmarketing safety reports to the agency.3 As necessary, the evaluation of this information is reporting initiatives (section II.D of this agency will revise the technical important to ensure the safe use of these document), including an advanced specifications referenced in FDA products. notice of proposed rulemaking guidance documents to address FDA receives information regarding (ANPRM) that we issued in 1998. changing technical specifications or any postmarketing adverse drug Finally, we describe the proposed rule additional specifications that may be experiences1 from safety reports (section III of this document). needed for mandatory electronic safety submitted to the agency. For nearly 35 reporting. Using guidance documents to II. Background years, FDA has received these communicate these technical postmarketing safety reports on paper. A. Current Postmarketing Safety specifications will permit FDA to be In recent years, many companies have Reporting Requirements more responsive to rapidly occurring voluntarily submitted these reports to The current postmarketing safety changes in the technological the agency in electronic format. reporting requirements for drug and environment. Data from both electronic and paper Currently, the technical specifications biological products are summarized reports are entered into FDA’s Adverse referenced in guidance documents rely below. The proposed electronic Event Reporting System (AERS) upon and adopt certain safety reporting reporting amendments would leave the database. AERS is a computerized and transmission standards substantive aspects of these information database designed to recommended by the International requirements largely unchanged. support FDA’s postmarketing safety Conference on Harmonisation of surveillance program for drug and 1. Description and Timing of Safety Technical Requirements for Registration biological products. The AERS database Reports of Pharmaceuticals for Human Use is used to store and analyze data Under existing regulations in part (ICH). ICH was formed to facilitate the received in postmarketing safety reports. 310, 314, and 600 (21 CFR part 310, 314, harmonization of technical Safety reporting data submitted on and 600), specifically §§ 310.305, requirements for the registration of paper must first be converted into an 314.80, 314.98, and 600.80, electronic format before being entered manufacturers, packers, distributors,4 3 The most current information on submitting 2 into AERS. postmarketing safety reports in electronic format FDA is proposing to require use of an can be found in the draft guidance on ‘‘Providing 4 For § 600.80, ‘‘distributor’’ also includes shared electronic format for the submission of Regulatory Submissions in Electronic Format— manufacturers, joint manufacturers, or any other participant involved in divided manufacturing. postmarketing safety reports (see section Postmarketing Individual Case Safety Reports’’ (73 FR 33436, June 12, 2008) and the ‘‘Periodic safety 5 In this document, the term ‘‘applicant’’ is used update reports’’ section of the guidance on instead of the term ‘‘licensed manufacturer’’ for 1 For purposes of this preamble, the term adverse ‘‘Providing Regulatory Submissions in Electronic persons with approved BLAs. drug experience includes an adverse experience Format—Human Pharmaceutical Product 6 ICSR attachments include published articles associated with use of a biological product. Applications and Related Submissions Using the that must accompany ICSRs based on scientific 2 Additional information regarding the AERS eCTD Specifications’’ (Revision 2, June 2008). We literature (§§ 314.80(d) and 600.80(d)), as well as database may be found at: http://www.fda.gov/cder/ intend to finalize the draft guidance document in other supporting information such as relevant aers/default.htm. the near future. Continued

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and applicants5 with approved new Followup reports are required to be (report summary, analysis of 15-day drug applications (NDAs), abbreviated submitted within 15 calendar days of Alert reports, and history of actions) are new drug applications (ANDAs), and receipt of new information or as submitted to the agency in a narrative biological license applications (BLAs) requested by FDA, and are also format accompanied by the ICSRs and and those that market prescription drugs submitted on an FDA Form 3500A or on any ICSR attachments for all serious, for human use without an approved an equivalent form. In addition to the expected and nonserious adverse drug application are required to submit ICSR, 15-day Alert reports frequently experiences that occurred during the postmarketing safety reports of adverse include related documents, such as reporting period. Manufacturers of drug experiences to FDA. These safety medical records, hospital discharge drugs marketed without an approved reports include individual case safety summaries, or other documentation application (e.g., NDA, ANDA) are not reports (ICSRs), and other related related to the event (ICSR attachments). required to submit postmarketing documents (ICSR attachments6) for each To avoid duplication of reports, periodic safety reports to FDA. adverse drug experience. An ICSR is a nonapplicant manufacturers, packers, c. Distribution reports. In addition to description of the adverse drug and distributors of drug and biological periodic reports, under § 600.81, experience that includes the basic products having an approved applicants with approved BLAs are also elements, or facts, of each reportable application may, under §§ 314.80 and required to submit distribution reports event for an individual patient or 600.80, submit all reports of serious to the agency every 6 months or at other subject. Under the current regulations, adverse drug experiences to the intervals that the agency may specify persons who submit safety reports on applicant within 5 calendar days of with written notice. These reports paper must use the approved reporting receipt of the report instead of to FDA. contain information about the quantity form for ICSRs—either the FDA Form Similarly, packers and distributors of of biological product distributed under 3500A or an equivalent form as prescription drug products marketed the BLA, including the quantity discussed below. Although current without an approved application may distributed to distributors. regulations do not use the term ICSR, meet their postmarketing 15-day safety d. Nonprescription human drug the term is used in FDA and ICH reporting obligations under § 310.305 by products marketed without an approved guidances to refer to the adverse drug submitting all reports of serious adverse application. Public Law 109–462, experience information supplied on the drug experiences to the manufacturer enacted on December 22, 2006, FDA Form 3500A or other approved within 5 calendar days of the receipt of amended the Federal Food, Drug, and forms, including those currently the information instead of to FDA. Cosmetic Act (the act) to create a new submitted in electronic format.7 Applicants/manufacturers receiving section 760 (21 U.S.C. 379aa), entitled Accordingly, we will refer throughout such data must then, in turn, submit a ‘‘Serious Adverse Event Reporting for this document to the description of each 15-day Alert report to FDA. Nonprescription Drugs.’’ Section 760 of adverse drug experience related to an b. Periodic reports. In addition to 15- the act requires manufacturers, packers, individual patient or subject using day Alert reports, applicants are also or distributors whose name appears on human drug or biological products as an required to submit postmarketing the label of nonprescription human drug ICSR. As discussed in section III.E of periodic safety reports to FDA. For each products marketed without an approved this document, consistent with the approved application, applicants are application to report serious adverse proposed change to a mandatory required under §§ 314.80 and 600.80 to events associated with their products. electronic format for safety reports, we submit a periodic report quarterly or Effective December 22, 2007, section propose to delete most references to the annually, depending on how long the 760 of the act requires these reports to paper forms (e.g., FDA Form 3500A) drug or biological product has been be submitted to FDA within 15 business from FDA postmarketing safety approved. Upon written notice, the days. As required by section 2(e)(3) of reporting regulations and to add: (1) A agency can require that an applicant Public Law 109–462, FDA issued a draft definition of ICSR for drugs and submit these reports to FDA at different guidance for industry entitled biologics and (2) a statement of the times than those stated. These reports ‘‘Postmarketing Adverse Event information required to be reported in contain the following information: (1) A Reporting for Nonprescription Human an ICSR. narrative summary and analysis of the Drug Products Marketed without an Approved Application’’ (72 FR 58316, a. 15-day Alert reports. FDA information in the report, (2) an analysis October 15, 2007). The draft guidance regulations require manufacturers, of all of the 15-day Alert reports describes the minimum data elements packers, distributors, and applicants to submitted during the reporting interval, and the relevant policies and submit an ICSR on FDA Form 3500A, or (3) an ICSR (and ICSR attachments, if procedures for making these reports its equivalent, for each postmarketing applicable) for each adverse drug under section 760 of the act. It provides, adverse drug experience that is both experience not previously reported (i.e., among other things, that the reports be serious and unexpected to the agency reports of all serious, expected (labeled) within 15 calendar days of initial submitted on paper on FDA Form and nonserious events)8, and (4) a receipt of information about the adverse 3500A or in the electronic format history of actions taken since the last drug experience (15-day ‘‘Alert described in the guidance. periodic report because of the reports of reports’’). An unexpected adverse drug This proposed rule does not contain adverse drug experiences. The experience is any adverse drug language that would require that safety descriptive information portions of a experience that is not listed in the reports under section 760 of the act for postmarketing periodic safety report current labeling for the product nonprescription human drug products (§§ 310.305(b), 314.80(a), and 600.80(a)). marketed without an approved 8 In some cases, applicants may request a waiver for submission of an ICSR for nonserious, expected application be submitted to FDA in hospital discharge summaries and autopsy reports/ adverse drug experiences. See section XI.A of FDA’s electronic format. However, we are death certificates. draft guidance for industry on ‘‘Postmarketing soliciting public comment on whether 7 Health Level Seven (HL7), a technical-standards Safety Reporting for Human Drug and Biological the final rule should require the use of group accredited by the American National Products Including Vaccines’’ available on the Standards Institute (ANSI), also uses the term ICSR Internet at http://www.fda.gov/Drugs/Guidance electronic format for these reports. We to describe adverse event information supplied for ComplianceRegulatoryInformation/Guidances/ expect that any electronic format FDA regulated products. default.htm under ‘‘Procedural.’’ requirements for these section 760

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reports would be quite similar to the ICSRs in the electronic report include to standardize safety reports for requirements for other categories of drug the same information as the paper FDA comparison and analysis, the agency products addressed by this rule. Any Form 3500A or CIOMS I form. proposed use of the Medical Dictionary decision whether to include section 760 Accordingly, under current for Regulatory Activities (MedDRA) reports will be informed by the public regulations, an ICSR submission can terminology developed by ICH13. The comments submitted in response to this take the form of a paper FDA Form agency also proposed to require the proposal and the agency’s experience 3500A, a paper CIOMS I form, or submission of new types of since submission of serious adverse comparable information submitted in postmarketing safety reports to FDA. event reports for nonprescription electronic format. (See section II.D.1 of FDA is currently considering the human drug products marketed without this document). Each of these is a comments that it has received on the an approved application became different method of transmitting to FDA Safety Reporting Proposed Rule. Any mandatory in December 2007. the same basic elements of the ICSR, new postmarketing safety reports that Finally, note that nonprescription whether on paper or in electronic are required by a safety reporting final drugs that are marketed under approved format. As described in section II.D.1.a rule would be required to be submitted applications (NDAs or ANDAs) are not of this document, ICSR attachments and electronically in accordance with this covered under section 760 of the act. the descriptive information portions of rulemaking, if adopted as final. Such products are subject to reporting periodic safety reports may also be C. Rationale for Requiring Electronic under current §§ 314.80 and 314.81. submitted electronically. Submission of Postmarketing Safety Reports submitted to FDA under those b. Vaccine products. Adverse Report sections would be subject to the experience reporting for vaccine mandatory electronic format products may be submitted to the As explained more below, the agency requirements proposed in this rule as Vaccine Adverse Event Reporting proposes to require that all described elsewhere in this document. System (VAERS). VAERS is a postmarketing safety reports for human computerized information database drugs and biological products be 2. Current Format for the Submission of designed to support the Centers for submitted in electronic format. By Postmarketing Safety Reports Disease Control and Prevention’s requiring submission of these reports in a. Drug and biological products. FDA (CDC’s) and FDA’s postmarketing electronic format, FDA would expedite currently accepts all postmarketing surveillance program for vaccine access to safety information and ICSRs in either a paper format or an products. Postmarketing ICSRs for facilitate international harmonization electronic format. Sections 310.305(d), vaccines can be submitted on a VAERS and exchange of this information. This, 314.80(f), and 600.80(f) authorize use of paper form11 or reported on-line using in turn, would lead to more efficient a paper FDA Form 3500A for reporting the VAERS secure web-based system12. reviews of safety data and enhance our of single cases of adverse drug Each of these is a different method of ability to rapidly disseminate safety experiences for human drug and transmitting to CDC/FDA the same basic information to health care providers, biological products. The regulations also elements of the ICSR. Currently, VAERS consumers, applicants, sponsors, and permit use of the form introduced by the does not have the capability to receive other regulatory authorities in support World Health Organization’s (WHO’s) electronic ICSRs submitted through the of FDA’s public health mission. In Council for International Organizations FDA’s electronic submissions gateway. addition, the agency would recognize a of Medical Sciences (CIOMS) Working However, developments are underway significant cost savings by converting Group I for reporting single cases of to implement this submission the safety reporting system from a paper foreign adverse drug experiences that capability. submission process to an all electronic are serious and unexpected (CIOMS I system that would increase the accuracy form). B. Previously Proposed Revisions to the of information and reduce the need for Section 11.2(b)(2) currently provides Postmarketing Safety Reporting manual data entry. Requirements that regulatory submissions may be 1. Expedited Identification of Emerging voluntarily provided to the agency in In the Federal Register of March 14, Safety Problems electronic form9 if the submissions are 2003 (68 FR 12406), FDA published a identified by FDA in its electronic proposed rule to amend its safety Establishment and maintenance of submissions public docket as reporting requirements for human drug efficient risk management programs submissions the agency will accept in and biological products (Safety (where appropriate) is an agency electronic form.10 Postmarketing safety Reporting Proposed Rule). The agency priority (see FDA’s January 2007 reports for drug and nonvaccine proposed new definitions and reporting response to the Institute of Medicine biological products have been identified formats and standards for pre- and (IOM) report on drug safety entitled in the docket as submissions the agency postmarketing safety reporting as ‘‘The Future of Drug Safety: Promoting can accept in electronic format. See recommended by ICH (see section II.C.3 and Protecting the Health of the Public,’’ Memorandums 23 and 28 in FDA’s of this document) and by CIOMS. Some electronic submissions public docket. If of the proposed amendments were 13 MedDRA is a medically validated medical terminology created by ICH as a cooperative effort the reporter elects to file the safety based on the recommendations of ICH, between the pharmaceutical industry and regulators report in electronic format rather than while others were proposed by the from the United States, Europe, and Japan for on paper, current §§ 310.305(d), agency on its own initiative. With sharing regulatory information for human medical 314.80(f), and 600.80(f) require that the regard to coding of postmarketing ICSRs products and activities (see www.ich.org/cache/ compo/276-254-1.html). MedDRA establishes a terminology database for use in the regulatory 9 The content of labeling for NDAs, certain BLAs, 11 The VAERS form can be accessed on the process for medical products and has become the ANDAs, annual reports, and supplements is Internet at http://secure.vaers.org/vaersdata accepted standard for regulatory activities involving currently the only regulatory submission required entryintro.htm. FDA has verified the Web site adverse drug experiences. Use of MedDRA would to be submitted to the agency electronically (68 FR addresses throughout this document, but FDA is not serve the public health by facilitating the collection, 69009, December 11, 2003). responsible for any subsequent changes to the Web presentation, and analysis of adverse drug 10 Docket No. FDA–1992–S–0039 (formerly sites after this document publishes in the Federal experience information from medical products Docket No. 1992S–0251) can be accessed on the Register.) during clinical and scientific reviews and Internet at http://www.regulations.gov. 12 Report on-line at https://secure.vaers.org. marketing.

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FDA’s March 2005 guidance for 15-day Alert reports must take first effective than using the ICH-compatible industry entitled ‘‘Development and Use priority. system. of Risk Minimization Action Plans,’’ In contrast, the ICSRs in both 15-day FDA has worked with industry on and FDA’s 2007 Strategic Action Alert and periodic reports submitted in electronic submission of postmarketing Plan).14 The changes proposed in this electronic format are processed and ICSRs since 1998. In 2001, FDA rule, if adopted, would improve the available for safety evaluator review announced through public docket agency’s management of risks from much more quickly because there is no number 92S–0251 that the agency human drug and biological products by need for data entry and the associated would accept voluntary electronic expediting the postmarketing quality control and validation processes submissions of ICSRs for 15-day Alert identification and communication of are faster. Instead of 2 months for and periodic safety reports in lieu of a emerging safety information for these periodic ICSRs or 2 weeks for 15-day paper submission (see section II.A.2 of products. Alert ICSRs that are submitted in a this document). Currently, over 40 Requiring that postmarketing ICSRs paper format, ICSRs submitted in pharmaceutical companies are be submitted in electronic format would electronic format are, generally, voluntarily using electronic format to result in reducing the time required for available to reviewers within 2 days of submit to FDA ICSRs for both 15-day FDA to enter information from a paper their receipt by FDA. The requirement Alert and periodic reports for human safety report into a database for for electronic safety reports is expected drug and biologics, with more than evaluation and analysis. Currently, to result in faster processing and this 500,000 ICSRs submitted to date. This approximately 60 percent of all ICSRs will permit FDA to more quickly experience has shown that electronic (i.e., 15-day Alert reports and ICSRs identify emerging safety issues and data submissions to the AERS database associated with periodic reports15) are rapidly disseminate significant safety reduce the cost of data entry and submitted to FDA on paper for input information to the medical community facilitate the review process. It currently into the AERS database (approximately and the public with corresponding costs FDA approximately $35 to process 30,000/month). With regard to 15-day benefits to the public health. a report submitted on paper. In Alert reports, approximately one-third comparison, a report submitted in an 2. Improved Speed and Efficiency of are submitted on paper (approximately electronic format costs approximately Industry and Agency Operations 8,000/month) to FDA. Fifteen-day Alert $12 to process. reports that are submitted on paper The proposed electronic formatting 3. International Harmonization of Safety generally reach FDA’s data entry requirements for postmarketing safety Reporting contractor within the required 15 days reports would enhance operations for following the adverse drug experience, both industry and FDA. Electronic In developing this proposal, FDA but then the ICSRs must be manually reporting can benefit industry by considered the international standards entered into the AERS database. These eliminating the costs associated with developed by ICH for the submission of ICSRs are entered into the FDA AERS collating, copying, storing, retrieving, safety information. The other ICH database on a priority basis because they and mailing paper copies. In addition, regions (the European Union (EU) and may indicate a new, previously FDA would benefit from the elimination Japan) are also implementing the unidentified risk. The time required for of data entry processes and significant standards recommended by ICH for the data entry, validation, and quality reduction in physical storage electronic submission of safety reports. control processes, however, adds an requirements. When data are provided The procedures for the electronic additional 2 weeks before the ICSRs are only on paper, the information must be submission of postmarketing safety actually available for assessment by converted manually into an electronic reports in this proposed rule would, FDA’s safety evaluators. With regard to form to review and analyze. This therefore, reduce costs to industry periodic ICSRs, approximately 80 process is time consuming, costly, and associated with maintaining multiple percent are submitted on paper creates an opportunity for data entry electronic systems designed to meet the (approximately 22,000/month).16 error to occur. needs of different regulatory authorities. Periodic ICSRs, which are submitted on FDA expects to provide two options The proposed electronic safety reporting paper, may not be available for review for submitting electronically formatted regulations would also encourage better by safety evaluators for up to 2 months ICSRs. Reporters would be able to communication between FDA and the after submission to the agency because submit ICSRs by using either an ICH- industry, as well as with other of their volume and because ICSRs in compatible electronic transmission regulators, nationally and abroad, while system, or a Web-based form similar to reducing the costs associated with 14 These resources are available on the Internet at those used for commercial transactions, reporting. Moreover, the industry would (IOM response) http://www.fda.gov/downloads/ such as retail purchases, on the Internet. be able to rely on one form of electronic drugs/drugsafety/postmarketingdrugsafety (These options, as well as those for reporting, which would reduce the informationforpatientsandproviders/ UCM171627.pdf, (strategic plan) http:// submission of ICSR attachments in administrative costs of compliance. www.fda.gov/ope/stratplan07/stratplan07.htm, and electronic form, are discussed in more a. Status of electronic submissions in (guidance) http://www.fda.gov/Drugs/Guidance detail in section II.D.1 of this the EU. The European Commission ComplianceRegulatoryInformation/Guidances/ document.) For companies that submit drafted guidance on adverse event default.htmunder ‘‘Clinical/Medical.’’ 15 See section II.A.1.b of this preamble for a large numbers of ICSRs, use of the ICH- reporting, including Volume 9 of ‘‘The description of periodic ICSRs. compatible system for electronic Rules Governing Medicinal Products in 16 Postmarketing periodic reports are required to transmission would be cost effective the European Union’’ (the EU rules), be submitted to the FDA for each approved NDA, because the information from the ICSRs which contains a specific emphasis on ANDA, and BLA and are due quarterly for the first will be transmitted directly from the pharmacovigilance. The EU rules 3 years after U.S. approval of the application and annually thereafter. An ICSR in a periodic safety company’s database to FDA without require the electronic submission of report includes the same elements in the same needing additional administrative adverse event reports (effective format as an ICSR in a 15-day Alert report, but support for manual entry of the November 2005) and incorporate describes an adverse drug experience that is not both serious and unexpected (i.e., all nonserious information. For companies that submit international guidelines reached within adverse drug experiences or serious, expected a small number of ICSRs, use of the the framework of the ICH. The EU rules adverse drug experiences). Web-based form may be more cost specify that the electronic transmission

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and management of safety reports will Postmarketing safety reports have been Standardized common data elements for be carried out according to the identified in FDA’s electronic transmission of ICSRs (ICH E2B guidelines and specifications contained submissions public docket as guidance), and (2) electronic standard in ICH guidance on safety reporting and submissions that FDA may accept in transmission procedures (ICH M224 ). electronic standards. electronic format18. ICH E2B guidance provides b. Status of electronic submissions in Presently, FDA allows applicants, standardized common data elements for Japan. On October 27, 2003, the manufacturers, packers, and distributors the transmission of ICSRs by identifying Japanese Ministry of Health, Labour, to submit postmarketing safety reports and defining the data elements for the and Welfare mandated that ICH (both 15-day Alert and periodic reports) transmission of all types of ICSRs, guidance E2BM17 compliant ICSRs be in electronic format by sending the regardless of source and destination. submitted in electronic format either by reports to FDA either: (1) Through The ICH format for ICSRs includes the Internet or by physical media. FDA’s Electronic Submission Gateway provisions for transmitting all the c. Global impact of a standard (ESG) or (2) on physical media, e.g., CD- relevant data elements useful to assess electronic submission. FDA collaborates ROM, digital tape, or floppy disk (sent an individual adverse drug reaction or 19 with many international regulatory by mail). These electronic adverse event report. The common data counterparts on drug safety issues. submissions may include ICSRs, any elements are sufficiently comprehensive Frequently, FDA sends to and receives ICSR attachments, and descriptive to cover complex reports from most from other regulators paper copies of information. The data elements and sources, different data sets, and different ICSRs for further clinical analysis of electronic transport formats that FDA transmission requirements. specific drug safety issues. FDA can accept for electronic ICSRs are envisions that regulatory partners described in technical specifications c. FDA Web-based submission portal. participating in ICH, and other referenced in FDA guidance In addition to submission of ICSRs regulators that choose to implement the documents.20 Currently, FDA can accept through the ESG, FDA is developing a same standards, will be able to attachments to ICSRs and the Web-based electronic submission portal electronically exchange specific ICSRs descriptive information of periodic to collect and process safety information in real time as safety issues emerge. As reports in an electronic form as portable for all FDA-regulated products that will a result, regulatory partners would be document format (PDF) files, which may be consistent with ICH standards and assured that they are making regulatory be sent through the FDA’s ESG or may be used as another method for decisions based on a full complement of mailed to FDA on physical media.21 To reporting adverse drug experiences to available information. send these reports by FDA’s ESG, a the agency.25 FDA’s Web-based portal will allow for the secure electronic D. Electronic Format Submission manufacturer/applicant must initially Initiatives contact FDA’s AERS electronic submission of postmarketing ICSRs submission coordinator22 to establish an directly into FDA’s AERS database once 1. Electronic Submission of ESG connection with FDA’s network. information is typed into a Web-based Postmarketing Safety Reports b. ICH standards. FDA codes and electronic form. Users will receive a. Voluntary electronic submissions. analyzes electronic submissions of electronic confirmation that their In the Federal Register of March 20, safety information received via the ESG submissions have been received by 1997 (62 FR 13430), FDA published a or on physical media based on ICH FDA. Any person who is subject to regulation on electronic records and standards.23 ICH has developed FDA’s postmarketing safety reporting electronic signatures (21 CFR part 11). international standards for the requirements and has Internet access In August 2003, FDA issued guidance electronic submission of safety will be able to use the Web-based form for industry entitled ‘‘Part 11, Electronic information that include: (1) to submit ICSRs to the agency. The Web- Records; Electronic Signatures—Scope based submission function will assist and Application,’’ describing the 18 Docket No. FDA–1992–S–0039 (formerly entities that submit a small number of agency’s thinking regarding part 11. Part Docket No. 1992S–0251) can be accessed on the safety reports by creating a simpler and Internet at http://www.regulations.gov. 11 generally provides that in instances 19 FDA expects that, in the future, all electronic more efficient mechanism for reporting where records are submitted to the submissions to the agency will be sent through the that does not require them to have an agency, such records may be submitted ESG and that use of physical media for such internal database that is compatible in electronic format instead of paper submissions will, eventually, be phased-out. with the ICH-based system. However, 20 format, provided that FDA has FDA is currently accepting electronic because some administrative support submissions using either the ICH E2B or ICH E2BM identified the submission in FDA’s data elements; ICH E2B and ICH E2BM are available would be needed to manually enter the electronic submissions public docket as on the Internet at http://www.fda.gov/Drugs/ information for the ICSRs onto a form the type of submission that FDA can GuidanceComplianceRegulatoryInformation/ on the Web, this Web-based electronic accept in electronic format. Guidances/default.htm under the ICH—Efficacy category or http://www.fda.gov/cber/guidelines.htm reporting format will be less cost under the ICH guidance documents category. effective than direct submission through 17 ICH first issued guidance on ‘‘E2B Data 21 See footnote number 19 in this document. the ESG (or submitting the information Elements for Transmission of Individual Case 22 FDA’s AERS electronic submission coordinator Safety Reports’’ in July 1997 (ICH E2B). ICH E2B on physical media) for companies with was revised in 2000 to include adjustments based may be contacted at [email protected]. large numbers of safety reports. As soon on successful pilot projects conducted in the three 23 See www.ich.org/cache/compo/276-254-1.html. 24 as FDA can accept submissions using ICH regions (ICH E2BM). ICH is currently revising ICH M2 provides electronic standards for the this Web-based form, information in its E2B guidance again to provide additional transfer of regulatory information (ESTRI). The M2 information and clarification and has released ICH ESTRI recommendations facilitate international docket 92S–0251, and the guidance E2B(R) in draft. The term ‘‘ICH E2B guidance’’ used electronic communication in the three ICH regions. documents described in this section will in this document includes all ICH guidance on the The ICH M2 working group developed a be updated to reflect this option. E2B topic of data elements for the transmission of specification for the implementation of E2B data ICSRs. The guidances are available on the Internet elements that allows for the transmission of all at http://www.fda.gov/Drugs/Guidance types of ICSRs, regardless of source and destination. 25 The Web-based reporting portal is based on the ComplianceRegulatoryInformation/Guidances/ ICH M2 recommendations are revised periodically HL7 Individual Case Safety Report standard default.htm under the ICH—Efficacy category or to reflect the evolving nature of the technology. accredited by ANSI. This standard is for the http://www.fda.gov/cber/guidelines.htm under the More information on M2 ESTRI is available on the exchange of adverse event information between ICH guidance documents category. Internet at http://estri.ich.org. computer systems.

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2. Comments on the Advance Notice of Temporary hardship waivers and (2) Since these comments on the ANPRM Proposed Rulemaking (ANPRM) for indefinite waivers. were submitted in 1998, Internet access Mandatory Electronic Submission of Two comments requested that FDA has become commonplace, reducing or Postmarketing Safety Reports to FDA grant a temporary hardship waiver for eliminating implementation concerns companies that experience for smaller firms or firms with very few In the Federal Register of November unanticipated technical difficulties after reports. These firms will be able to use 5, 1998 (63 FR 59746), FDA issued an implementation of the regulation. In this the Web-based form. Accordingly, we ANPRM describing the agency’s plans to case, the company would be permitted are not proposing indefinite waivers require electronic submission of all to submit safety reports in a paper from implementation of electronic postmarketing expedited and periodic format. One comment said that such format submission of safety reports. ICSRs. In the ANPRM, the agency temporary waivers must be automatic so indicated that it would propose that With regard to temporary waivers, we that regulatory requirements for timely believe they should only be necessary in international standards be used for reporting are fulfilled. The comments electronic safety reporting (i.e., rare cases. Larger companies using the said that temporary waivers should be ESG could use submission on physical precoding of ICSRs using the ICH M1 evaluated on an individual basis, taking international medical terminology, ICH media (i.e., CD-ROM) or the Web-based into account factors such as company system as a back-up if they experience E2B format, and ICH M2 transmission size, volume of reports, potential issues specifications).26 FDA also indicated temporary technological problems with with international affiliates, and scope their ESG submission system. Similarly, that it was considering requiring that of required technical activities. One the textual (descriptive) information smaller firms regularly reporting on the comment requested that the waiver be Web-based system could easily find contained in a postmarketing periodic renewable for a 6-month period as long safety report be submitted to the agency alternative Internet access in the event as the company can demonstrate of a temporary Internet outage at the in an electronic format. FDA received progress towards the ability to submit comments on the ANPRM from 11 firm. Given that it is not possible to reports electronically. anticipate all the various situations that representatives of pharmaceutical With regard to indefinite waivers, four companies and associations and one might require a waiver, we are comments said that small businesses proposing in this rule to provide for a individual. The agency considered these should be exempt from the requirement comments in developing this proposed temporary waiver of the electronic to submit postmarketing safety reports format submission requirement for good rule on electronic submission of in electronic format. The comments said cause shown (see section III.C of this postmarketing safety reports. that a waiver should be based on the document). As discussed more below, a. General. In general, the comments number of safety reports that a company we are specifically requesting comments supported FDA’s plans to require submits to FDA. They noted that the in this rule on what would constitute electronic submission of postmarketing number of safety reports can vary ‘‘good cause’’ for a temporary waiver of safety reports, while a few comments significantly among manufacturers the electronic format submission said that electronic submissions to the based on such attributes as company requirements. agency should remain voluntary. One size and product line. One comment c. Textual materials. ICSRs are often comment said that FDA’s goal of having said that generic, or other, drug accompanied by textual materials (ISCR all safety reports submitted in an companies that receive few adverse attachments), such as hospital discharge electronic format would be realized event reports (e.g., 0–5 adverse drug summaries or other medical records, without being mandated as electronic reactions (ADRs) per week) should be published studies, or autopsy reports. record collection, retrieval, and exempt from the requirement. The Two comments supported the reporting becomes the generally- comment stated that compliance with possibility of submitting textual recognized norm throughout the the requirement would place an undue materials electronically in addition to pharmaceutical and biologics industry. burden on these drug companies because of the associated costs for ICSRs. One of the comments FDA believes that the electronic recommended that the electronic submission of postmarketing safety human resources, equipment, software requirements, and other costs. The transmission of textual materials be reports should be required and not accepted using ICH standards so that voluntary because, although we have comment further stated that if the agency does not create a waiver for drug consistency could be enhanced accepted the voluntary submission of worldwide. postmarketing safety reports in companies that have few ADRs per As recommended in the technical electronic format since 2001, we are week (e.g., less than 5), then a longer specifications referenced in guidances only receiving approximately 40 percent transition period should be permitted, on submitting postmarketing safety of ICSRs in electronic format. To during which the agency would accept reports in electronic format, textual expedite the identification of emerging either paper or electronic ADRs. The materials can currently be submitted in safety problems and to realize cost transition period would allow sufficient a paper format or in an electronic format savings for industry and the agency, we time for drug companies that currently as a PDF file consistent with ICH will need to receive close to 100 percent do not have the appropriate resources to guidelines.27 When finalized, this rule of ICSRs in electronic format. establish electronic safety reporting would require submission of these b. Waivers. Several comments systems. Another comment said that the criterion for an automatic waiver could textual materials in an electronic format provided suggestions for waivers we can process, review, and archive. (exemptions) from the requirement to be limited to NDAs for products with orphan-designated indications, because Future changes to technical submit postmarketing safety reports of the small number of ADRs submitted specifications for such submissions, electronically to FDA. The comments for these products. The comment also such as transmission standards and file described two types of waivers: (1) suggested that drug product sponsors formats, would be announced in the who make less than a particular technical specifications referenced in 26 The proposal to require coding of ICSRs using FDA guidance documents. MedDRA (ICH M1) is included in a separate monetary amount for drug product sales rulemaking, the Safety Reporting Proposed Rule, per year (e.g., $100 million) should be described in section II.B of this document. exempt from the rule. 27 See footnote number 3 of this document.

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d. Security issues. Several comments would be submitted to FDA in an resources to input electronically. This discussed security issues related to the electronic format. Information on the proposed rule would permit more confidentiality of data when safety agency’s ability to process, review, and efficient management of these reports are submitted electronically. archive these reports is described in the postmarketing safety reports by FDA. Some comments stated that industry technical specifications referenced in This proposed rule would not apply to and the agency must be prepared to FDA guidance documents (see section I submission of the following safety respond promptly to changing of this document). The reports would be reports: technology to ensure secure submitted to FDA in an electronic • Investigational new drug transmission of data. Another comment format only; paper copies would not be application (IND) safety reports requested that the tools used for this accepted unless the agency granted a (§ 312.32); purpose be commercially available at a temporary waiver (see section III.C of • Safety update reports for drugs reasonable cost. this document). (§ 314.50(d)(5)(vi)(b)); The agency requires the secure Under the proposed rule, for marketed • Approved NDA and BLA annual transmission of all electronic products with an approved application, reports (§§ 314.81(b)(2) and 601.28 (21 submissions. We currently have manufacturers, packers, or distributors CFR 601.28)); • certificate authority with standard that do not hold the application would Biological product deviation reports encryption and will continue to use this continue to have the option of (BPDRs) (§§ 600.14 and 606.171 (21 CFR submitting 15-day Alert reports directly 606.171)); security method in the agency’s ESG for • the electronic submission of to FDA or to the application holder Reports of complications of blood postmarketing safety reports. The ESG under §§ 314.80(c)(1)(iii) and transfusion and collection confirmed to 600.80(c)(1)(iii). If they opt to submit be fatal (21 CFR 606.170(b) and 640.73); meets National Institute of Standards • and Technology (NIST)–80028 series directly to FDA, they would be required Adverse reaction reports for human security certification standards. to do so in electronic format. If they cells, tissues and cellular and tissue- choose to report to the applicant, they based products (HCT/Ps) regulated III. Description of the Proposed Rule could submit the report in any solely under section 361 of the Public As noted previously, the changes acceptable format. The applicant, Health Service Act (42 U.S.C. 264) (21 however, would be required to use CFR 1271.350(a)); and proposed in this rule would, largely, • affect the form in which postmarketing electronic reporting when it NDA-field alert reports safety reports must be submitted to FDA subsequently reports the information to (§ 314.81(b)(1)). We have not proposed to require that (i.e., in electronic format instead of a FDA. Similarly, for marketed drug premarketing safety reports be paper format) and, in addition, make products without an approved submitted electronically because IND minor conforming changes to the application, initial safety reports made safety reports are submitted directly to regulations. to the manufacturer by packers and distributors under current the review division with responsibility A. Electronic Submission of § 310.305(c)(3) could be made in any for the IND, and are not uploaded into Postmarketing Safety Reports form agreeable to the reporter and the the AERS database. Blood transfusion The proposal would revise manufacturer, but this proposal would and collection fatality reports are §§ 310.305, 314.80, 314.98, and 600.80 require all safety reports made to FDA submitted to the agency in lower to require that manufacturers, packers, to be made in electronic format. numbers than the postmarketing safety and distributors, and applicants with This proposal applies to all reports addressed in this rule; therefore, approved NDAs, ANDAs, and BLAs and postmarketing safety reports currently we have not proposed that these reports those that market prescription drugs for required to be submitted to FDA under be subject to the mandatory electronic human use without an approved §§ 310.305, 314.80, 314.98, and 600.80 format requirements proposed in this application submit postmarketing safety (including vaccines) and would apply to rule. The agency has not yet received reports to the agency in an electronic any new postmarketing safety reports blood transfusion and collection fatality format that FDA can process, review, for drug or biological products that are reports as electronic submissions, but and archive. We are proposing to delete implemented in the future (e.g., new does receive BPDRs through a voluntary the specific references to paper postmarketing safety reports proposed electronic submission process. We are reporting forms in §§ 310.305, 314.80, in the Safety Reporting Proposed Rule considering a mandatory electronic and 600.80. We also propose to add described in section II.B of this submission requirement for BPDRs, and language to these sections which states document). The proposal would also blood transfusion and collection fatality that FDA will periodically issue revise § 600.81 by requiring the reports in the near future and would guidance on how to provide the electronic submission of biological lot like to receive industry comment on this electronic submissions (e.g., method of distribution reports. As previously possibility. described for postmarketing safety transmission, media, file formats, C. Waivers preparation and organization of files). reports, FDA will also periodically issue Although this proposed rule would Postmarketing 15-day Alert and guidance on how to provide the require that all postmarketing safety periodic reports, including the ICSRs, electronic submissions for these reports reports be submitted to FDA in any ICSR attachments and the (e.g., method of transmission, media, electronic format, we are proposing in descriptive information portion of file formats, preparation and §§ 310.305(e)(2), 314.80(g)(2), and postmarketing periodic safety reports, organization of files). 600.80(g)(2) to grant a temporary waiver B. Safety Reports Not Covered by the from the electronic format requirement 28 NIST, a nonregulatory Federal agency in the Proposed Rule U.S. Commerce Department’s Technology for ‘‘good cause’’ shown. Procedural Administration, promotes U.S. innovation and Postmarketing safety reports for drugs, details for submitting waiver requests, industrial competitiveness by advancing including vaccines, constitute the such as where to send the request and measurement science, standards, and technology, including researching and developing test methods largest volume of paper safety reports any supporting documentation, would and standards for emerging and rapidly changing received by the agency and, be announced in guidance. When a information technologies. consequently, require the most temporary waiver has been granted, a

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paper copy of the safety reports would • Patient information (e.g., patient • The requirement to mark paper be required to be submitted in a form identification code, age, gender); reports to identify their contents as ‘‘15- that FDA can process, review, and • Information about the adverse drug day Alert report’’ or ‘‘15-day Alert archive.29 FDA anticipates that experience (e.g., date and description of report-followup,’’ (§§ 310.305(c)(4), temporary waivers of the requirement to the adverse drug experience); 314.80(c)(1)(iv), 600.80(c)(1)(iv)); submit postmarketing safety reports to • Information about the drug (e.g., • The requirement to use FDA Form the agency in electronic format will only drug name, dose, indication, National 3500A, CIOMS I form, or VAERS form be needed in rare circumstances. Drug Code (NDC) number); or to determine an appropriate Companies experiencing technical • Information identifying the initial alternative format for voluntary difficulties with their ESG interface reporter (e.g., name and contact submission in electronic format could, as a backup, submit reports on information); and (§§ 310.305(d)(1) and (3); 314.80(f)(1) physical media or using the Web-based • Information about the drug’s and (3), and 600.80(f)(1) and (3)); form during short-term, temporary applicant or manufacturer (e.g., name • The reference to FDA Form 3500A outage. Moreover, for companies that and contact information). or other paper forms designated for rely on the Web-based form, Other than minor wording adverse drug experience reporting by submissions could be made from any differences, this proposed list of FDA for ICSRs that are submitted as part computer with an Internet connection, information to be reported is the same of periodic reporting requirements providing ample alternatives should the as that currently reflected on the FDA (§§ 314.80(c)(2)(ii)(b) and company experience a longer term Form 3500A for postmarketing reporting 600.80(c)(2)(ii)(B)); and interruption of Internet service at its for drugs and biological products. • The requirement for identifying offices. Accordingly, we seek comments Codification of the ICSR reporting reports of adverse drug experiences that on what circumstances would constitute requirements is not intended to change occur in postmarketing studies by ‘‘good cause’’ for granting waivers. the existing obligation of manufacturers, separating and marking them packers, or distributors to exercise due (§§ 314.80(e)(2), and 600.80(e)(2)). D. Individual Case Safety Report diligence for purposes of completing all As discussed previously in this (ICSR)—Definition and Required document, in the future, procedural and Information of the applicable elements of an ICSR. The obligation to provide all applicable formatting details, if applicable to The term ICSR is used to describe the information described in proposed electronic submissions, will be included information contained on either an §§ 310.305(d), 314.80(f), or 600.80(f) in guidance, rather than in regulations. initial or followup report of an would be the same as the current F. Miscellaneous Changes individual adverse drug experience, obligation to complete the FDA Form currently reported on an FDA Form 3500A.30 The proposal would amend 3500A, CIOMS I form, VAERS form, §§ 310.305, 314.80, 314.98, and 600.80 or in electronic format. Given that this E. Removal of Paper Format Provisions by replacing the word ‘‘shall’’ with the proposed rule would require that all FDA believes that it is no longer word ‘‘must’’ except in the first sentence safety reports be submitted in electronic necessary to describe procedures for of §§ 314.80(c)(1)(iii) and format, we believe describing the safety paper format submissions in its 600.80(c)(1)(iii), from which the word reporting vehicle generically, rather regulations because the agency ‘‘shall’’ would be removed for editorial than by reference to the associated anticipates that a paper format will be reasons. FDA is also proposing to revise paper form, is appropriate. Accordingly, used on a very limited basis, if at all. in § 314.80(c)(2) the paragraph we are proposing in §§ 310.305(b), Accordingly, FDA is proposing to designations that are currently not in 314.80(a), and 600.80(a) (with minor remove from its regulations provisions correct format. FDA anticipates that modifications) to define an ICSR as a describing the details for submission of these minor changes will clarify the description of an adverse drug safety reports in paper format, such as regulations and make them easier to experience related to an individual the number of required paper copies or read. FDA is also proposing to change patient or subject. Because the items of specific markings or notations required the term ‘‘licensed manufacturer’’ to information which should be reported on the paper forms. We are proposing to ‘‘applicant’’ in §§ 600.80, 600.81 and in an ICSR are currently specified on the delete in §§ 310.305(d), 314.80(f) and 600.90. paper reporting forms that will no 600.80(f) the provisions specifically Current §§ 310.305(c), 314.80(c), longer be used, we are also proposing to describing paper submissions and 314.98(b), and 600.80(c) provide mailing add a list of the reportable elements in replace them with a new paragraph addresses for the submission of the regulations. Accordingly, proposed (proposed §§ 310.305(e)(1), 314.80(g)(1) postmarketing safety reports. FDA is §§ 310.305(d), 314.80(f), and 600.80(f) and 600.80(g)(1)), which states that proposing to remove these mailing would provide a detailed list of specific ICSRs and any attachments must be addresses from its regulations because types of information in five broad submitted to FDA in an electronic this information is provided in guidance categories that are to be reported on the format that we can process, review, and and it is easier to update guidances ICSR. The proposed categories, and archive. In addition, we are proposing to when an address changes. examples of some of the types of revise current regulations to remove or Under current § 310.305(c)(1)(i), each information in each category, are as modify the following references or report must be accompanied by a copy follows: provisions that are specific to paper of the labeling. We are proposing to formats: revise this section to require the 29 FDA’s ability to process, review, and archive • References to the number of paper submission of the current content of postmarketing safety reports submitted to the labeling in electronic format unless it is agency in a paper format is described in FDA’s draft copies required for safety report guidance for industry on ‘‘Postmarketing Safety submissions (§§ 310.305(c) , 314.80(c), already on file with FDA. Reporting for Human Drug and Biological Products Currently, ICSRs for all adverse drug and 600.80(c)); Including Vaccines’’ available on the Internet at experiences other than those reported as http://www.fda.gov/Drugs/Guidance 15-day Alert or followup reports (i.e., ComplianceRegulatoryInformation/Guidances/ 30 For FDA’s current thinking on ‘‘due diligence,’’ default.htm under ‘‘Procedural’’ or at http:// see the guidance described in footnote 29 of this reports of serious, expected or www.fda.gov/cber/guidelines.htm. document. nonserious adverse drug experiences)

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are submitted as a batch as part of the language to state ‘‘as soon as possible, believes that this proposed rule is not a postmarketing periodic safety report for but no later than 15 calendar days from significant regulatory action as defined the period during which the events initial receipt of the information.’’ FDA by the Executive order. occurred. Although the ICSRs may be does not intend this proposed change to The Regulatory Flexibility Act generated at any time during the have any substantive effect. It is being requires agencies to analyze regulatory reporting period, they are retained by made solely to simplify the regulatory options that would minimize any the applicant during the reporting language and improve its readability. significant impact of a rule on small period and submitted to FDA all at entities. Because the average small once, along with the other (descriptive) G. Proposed Implementation Timeframe entity submits very few safety reports portions of the periodic report. FDA is FDA proposes that any final rule that and the agency’s proposed Web-based including language in proposed may issue based on the proposal become method to submit reports electronically §§ 314.80(c)(2)(B) and 600.80(c)(2)(B) to effective 1 year after its date of would require little additional cost per give applicants the option of submitting publication in the Federal Register. report, the agency does not believe that these ICSRs at any time during the FDA believes that 1 year is sufficient this proposed rule would have a reporting period, rather than waiting to because many companies are currently significant economic impact on a submit them in a single batch with the submitting their postmarketing safety substantial number of small entities. descriptive information. As with current reports electronically to the agency FDA requests comment on this issue. submission procedures, all ICSRs of using ICH standards and more than 1 Section 202(a) of the Unfunded serious, expected or nonserious adverse year is not needed for companies that Mandates Reform Act of 1995 requires drug experiences occurring during the would choose to set up this system for that agencies prepare a written reporting period would still be due to their submissions. For companies that statement, which includes an the agency by the time the descriptive choose to use the Web-based system, the assessment of anticipated costs and information is submitted for that period, transition from paper submissions to benefits, before proposing ‘‘any rule that but the proposed change would permit electronic submissions will be as simple includes any Federal mandate that may them to be filed anytime during the as filling out forms on the Internet and result in the expenditure by State, local, reporting period, rather than all at once would, therefore, not necessitate more and tribal governments, in the aggregate, with the narrative portion of the than 1 year to implement. (See section or by the private sector, of $100,000,000 periodic report. We understand that II.D.1.c of this document for discussion.) or more (adjusted annually for inflation) many applicants would prefer this in any one year.’’ The current threshold added flexibility of submitting the IV. Legal Authority after adjustment for inflation is $133 ICSRs on an ongoing basis. FDA’s legal authority to amend its million, using the most current (2008) Current postmarketing safety regulations governing the submission of Implicit Price Deflator for the Gross reporting regulations at §§ 310.305(e), postmarketing safety reports for human Domestic Product. FDA does not expect 314.80(h), and 600.80(h) state that drugs and biological products derives this proposed rule to result in any 1- persons subject to these requirements from sections 201, 301, 501, 502, 503, year expenditure that would meet or should not include the names and 505, 505A, 506, 506A, 506B, 506C, 510, exceed this amount. addresses of individual patients in 701, 704, 705, 760, and 801 of the act The major benefit of this proposed reports and, instead, should assign a (21 U.S.C. 321, 331, 351, 352, 353, 355, rule would be to public health and the unique code number to each report, 355a, 356, 356a, 356b, 356c, 360, 371, agency in the form of quicker access to preferably not more than eight 374, 375, 379aa, and 381); and the postmarketing safety information and an characters in length. Proposed Public Health Service Act (42 U.S.C. annual savings of about $2.4 million, §§ 310.305(f), 314.80(i), and 600.80(i) 241, 262, and 264). including a savings in the cost of paper. would remove the eight character limit Total one-time costs to industry would from the provision and add that the V. Environmental Impact be between $4.5 million to $5.6 million; preferred methodology for determining The agency has determined under 21 most of these costs would be for the identification code would be set CFR 25.30(h) that this action is of a type changing standard operating procedures forth in technical specifications that does not individually or (SOPs), setting up systems for referenced in FDA guidance documents. cumulatively have a significant effect on submissions, and acquiring an Specific details of this type are most the human environment. Therefore, electronic certificate. Industry would appropriate in the technical neither an environmental assessment also incur annual costs of between specifications referenced in FDA nor an environmental impact statement $133,320 to $139,380 for Internet guidance documents, which can be is required. upgrades and to maintain electronic more easily revised as technological certificates. VI. Analysis of Impacts requirements change. In addition, these The proposed rule would require the provisions require that the entity FDA has examined the impacts of the submission of all postmarketing safety submitting the report to FDA include in proposed rule under Executive Order reports, including periodic reports, to the ICSR the name of the reporter from 12866 and the Regulatory Flexibility Act FDA in an electronic format. It would whom the information was received. We (5 U.S.C. 601–612), and the Unfunded affect all persons required to submit are proposing to add an exception so Mandates Reform Act of 1995 (Public postmarketing safety reports under that the name of the reporter need not Law 104–4). Executive Order 12866 §§ 310.305, 314.80, 314.98, 600.80, and be disclosed in situations where the directs agencies to assess all costs and 600.81. As currently proposed, this rule reporter is also the patient. benefits of available regulatory would not change the content of the Current §§ 310.305(c)(1), alternatives and, when regulation is postmarketing safety reports or the 314.80(c)(1)(i), and 600.80(c)(1)(i) necessary, to select regulatory frequency of the reporting requirements. require that 15-day Alert reports be approaches that maximize net benefits The proposal is part of the agency’s submitted ‘‘as soon as possible but in no (including potential economic, initiative to adopt electronic case later than 15 calendar days of environmental, public health and safety, technologies to improve the quality of initial receipt of the information’’ by the and other advantages; distributive our operations and increase our person. We propose to revise this impacts; and equity). The agency efficiency.

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A regulation is necessary because the into electronic form. Resources that are change in the actual time required to majority of the benefits from increased now used to manually enter the reports research and prepare the report, nor effectiveness of FDA use of adverse drug into FDA’s electronic database could be would there be any additional reporting experience reports will accrue to the redirected to monitoring drug safety or requirements as a result of this proposed agency and to public health, while the other agency initiatives. rule. costs are borne by industry. Many of the Currently, the agency receives more As discussed earlier in this preamble, firms lack the private incentive to divert than 445,000 postmarketing ICSRs per firms marketing nonprescription drug resources to develop electronic year. In fiscal year 2006, approximately products without an approved submission capabilities on their own. In 60 percent of ICSRs (15-day Alert and application are now subject to safety other words, for many firms the present periodic) were submitted in paper form. reporting requirements as a result of value of the cost savings from At this time, it takes from 3 to 14 days Public Law 109–462 (see section II.A.1.d eliminating paper reports is less than before a submitted paper record of a 15- of this document). Although this rule the cost of switching to electronic day Alert report is available for analysis does not propose to require use of an reports. Without this regulation, the in the AERS database. Periodic ICSRs electronic format for submission of agency would need to maintain submitted on paper may not be entered these reports, because we are adequate resources to convert paper into AERS for up to 60 days. With a considering such a requirement for the reports to electronic records until all standardized electronic format, records final rule, this analysis includes an companies adopt the electronic would become available for analysis in estimate of the incremental cost for submission format, possibly years in the AERS as soon as they were processed by firms to comply with the submission of future. Although some part of this FDA (within 2 days of receipt by the these safety reports in an electronic proposed rule would merely shift costs agency). format. While the mandatory reporting of adopting the electronic format from The agency currently spends about requirements are new, analyzing FDA to industry, the additional social $5.4 million annually on conversion of product complaints, including reports of benefit arises from the increased speed paper ICSRs to an electronic format, drug induced adverse drug experiences, and effectiveness of FDA analyses and which includes data entry and quality is a requirement of the Current Good action based on adverse drug experience control.31 The proposal would result in Manufacturing Practice regulations (21 reports. The need for the regulation reduced costs associated with CFR 211.198). stems from the benefits to the public controlling and ensuring the quality of health from more rapid identification the data. Assuming that the number of 1. One-time costs and action on unanticipated adverse reports remains fairly constant over a. Rewriting standard operating drug experiences. time, we estimate that we would save procedures and training personnel. FDA currently accepts postmarketing about $2.4 million annually in Almost all companies would have to safety reports submitted electronically contracting costs by not having to make some changes to their SOPs to using ICH standards (i.e., ICH M2 convert paper copies to an electronic reflect the requirements for electronic transmission standards and ICH E2BM format. submission versus mailing the reports to data elements) (see section II.D.1.b of The larger public health benefits— the agency. Most companies that submit this document). Both the EU and Japan more timely identification of drug safety postmarketing safety reports to FDA are have mandated electronic submissions problems with the potential to reduce small and submit few safety reports to for postmarketing safety reports using subsequent adverse drug experiences— the agency; we estimate that it would these standards. The proposed rule cannot be realized fully until a require about 10 hours to change their would make the FDA’s system comprehensive surveillance system and SOPs and to train the appropriate compatible with the systems used in international harmonization of reporting employees. Companies with proprietary Japan and the EU. The proposed rule requirements are in place (e.g., computer systems used to generate and may also increase the use of implementation of the ICH standards store safety reports would require international data and international discussed in the Safety Reporting considerably more time to modify their comparisons, which could contribute to Proposed Rule). Obtaining SOPs and train the appropriate more rapid identification and action on postmarketing safety reports in an personnel. We estimate that these firms serious and unexpected adverse drug electronic format is an important and would require about 50 hours for this experiences. necessary step toward attaining the task. A. Benefits larger public health benefits. We estimate that about 1,520 firms The proposal would reduce FDA’s B. Costs would require 10 hours and about 100 current costs associated with processing firms would require 50 hours to modify FDA estimates that there are SOPs and train the appropriate postmarketing safety reports that are approximately 2,020 firms affected by received via paper format. By receiving personnel. (The firms primarily this rule. Table 1 lists the number of marketing nonprescription drug these reports electronically, FDA would firms affected by type of product be able to access the safety information products without an approved marketed. To comply with the proposed application are not included in this more quickly and also reduce data entry rule, firms would incur both one-time errors that could occur during entry of estimate.) Assuming an average wage and annually recurring costs. One-time rate including benefits of $68 per hour, the information from the paper reports costs include modifying SOPs, into our electronic system. The major the total one-time incremental cost for developing electronic submission this proposed requirement would be benefits of this proposed rule would be capabilities, and training employees on to the agency and public health in terms about $1.4 million [(1,520 x 10 hours x the new procedures. Annually recurring $68) + (100 x 50 hours x $68)] (see table of quicker access to postmarketing costs would include the cost to maintain 1 of this document).32 safety information, which in turn would an electronic certificate and high-speed lead to faster identification of safety Internet access. There would be no 32 Wage derived from 2007 Bureau of Labor problems. The proposed rule would also Statistics Occupation Employment Statistics reduce the agency’s costs for converting 31 Cost to convert paper reports to electronic Survey, standard occupation code 11–3042, training paper records in a variety of formats format from FDA AERS data entry contract. manager for pharmaceutical medicine and

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Firms producing primarily firms and 16 hours x $68 wage x 1,920 attachments, the descriptive information nonprescription drug products without firms). portion of periodic reports, and an approved application will have to Firms that submit a large number of distribution reports to an electronic establish SOPs for submitting ICSRs. We reports each year may chose to use the format that the agency can process, estimate that it takes between 24 and 40 ICH compatible method. This method review, and archive. Currently, this is hours to write a new SOP and another allows for the submission of multiple the PDF format. We assume all firms 5 to 10 hours to train the appropriate reports at faster transmission rates. We would have the software and training personnel, depending on the size of the do not know at what threshold of necessary to convert existing electronic firm.33 Assuming an average wage cost reporting it becomes cost effective for a files to a PDF format. of $68 per hour, and the mid-point of firm to submit reports using this We lack sufficient data to estimate the range of hours the cost would be method. Currently just over 40 firms with any certainty the costs to convert about $1.1 million (40 hours x $68 x 400 voluntarily submit ICSRs using this paper documents to electronic files that firms). method and they account for about one- can be transmitted through our ESG. We b. Setting up system for submission. half of all 15-day Alert reports do not know how many companies ICSRs would be submitted through submitted each year. We assume that maintain paper versus electronic FDA’s electronic submission gateway only firms that have existing records. We also do not know how (ESG) using one of two methods: One at infrastructure to support the ICH many have optical scanning capabilities a time using a Web-based form or by method of transmission would choose that would allow them to convert the direct transmission through an ICH this method to submit reports. At the paper records to electronic PDF files. compatible system. Attachments to the time of a final rule we estimate that Because optical scanners are ICSRs, the descriptive information about 50 firms would be voluntarily relatively inexpensive and easy to use, portion of periodic reports and using this method of submission and they are commonplace in businesses distribution reports would be submitted about 100 additional firms would today. We believe that all of the large as PDF files through the ESG. We comply with the rule by adopting this firms in the industry currently have assumed that because most firms are method of reporting for an estimated such equipment and would incur little small and submit few ICSRs, they would cost of $0.3 million (50 hours x $68 x or no additional incremental costs for use the Web-based form. To comply 150 firms). this capability. Most large firms c. Electronic certificate. All firms using this submission method, firms currently store much of their would need an electronic certificate to would need high speed Internet information electronically now, and connections and would have to submit any document to the FDA ESG. they should require no more than 30 download and install up to two free The electronic certificate identifies the minutes to convert ICSR attachments to software programs, validate the sender and serves as an electronic PDF files and proof them, which would installation, and train the appropriate signature. Firms that have not submitted be offset by the time they currently use personnel on the new procedures. Firms any electronic documents to the agency for photocopying, collating, and mailing that have dedicated IT staff would be would incur a one-time cost to acquire files. For documents the applicant has able to install and validate the the certificate and recurring costs to in paper format, the time required to installation themselves. Smaller firms keep the certificate active as a result of scan a document would also be offset by would probably choose to hire an this proposed rule. The certificates cost no longer having to photocopy, collate, outside contractor for the installation about $20 and are good for 1 year. We and validation. We do not have data on assume that the search and transactions and mail the submission to us. the amount of time required to install costs involved in the initial acquisition Companies that maintain their records and validate the installation of the of the certificate double the cost of the in a paper format may have to purchase software or the percentage of firms that certificate to $40 for the first year, half an optical scanner and the appropriate might need to contract out the of which would be set-up costs. We also optical character recognition (OCR) installation. For this analysis, we believe that should this rule become software to comply with this assumed it would take 8 to 16 hours to final many firms will already have requirement, or they could pay a service install and validate the installation of electronic certificates because they are provider, such as a copy center, to the Java Runtime Edition software and required for electronic submission of transform the documents into an the Java security policy files for the other regulatory documents, such as electronic PDF file. A suitable scanner company’s Internet browser.34 This product applications and supplements. with OCR software should not cost more estimate also includes the time required If 60 to 70 percent of the firms needed than $400. FDA assumes that initial to notify FDA and run a test submission to acquire an electronic certificate to setup and training to use the equipment through the FDA ESG and to train the comply with the proposed requirement, should require no more than 4 hours. At appropriate staff. Based on these the cost would be between $48,480 and the wage plus benefits rate of $68 per assumptions and using the $68 per hour $56,560 ($40 x 1,212 firms and $40 x hour, the one-time cost for setup and wage the cost for this requirement 1,414 firms, respectively). training would be about $272 (4 hours would range from $1.0 million to $2.1 In addition to the costs we have x $68). If one-half of the companies million (8 hours x $68 wage x 1,920 estimated, some firms affected by this affected needed to purchase a scanner proposed rule may have to hire outside and train employees to use it, the total manufacturing—mean wage rate $48.73 + 40 expertise to install and validate the one-time costs would be $0.7 million percent for nonwage benefits and rounded to $68, software installation to comply with the (($400 + $272) x 1,010) (see table 1 of at www.bls.gov. proposed requirements. this document). 33 Eastern Research Group, ‘‘Economic Threshold and Regulatory Flexibility Assessment of Proposed d. Creation of PDF files. Some To have a service provider convert a Changes to the Current Good Manufacturing companies still maintain safety black and white paper document to a Practice Regulations for Manufacturing, Processing, information as paper records. PDF file would cost about $10 per page Packing, or Holding Drugs,’’ submitted to the Office Companies that store their submissions for the first page and about $2 per page of Planning and Evaluation, March 1995. in paper format rather than thereafter. If an applicant wanted the 34 See http://www.fda.gov/esg/ default.htm#tutorials and http://www.fda.gov/esg/ electronically may also incur costs to documents saved to a disk, it would cost account.htm. acquire the ability to convert ICSR an additional $20 per transaction.

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Safety report submissions differ about 90 percent of firms would have benefits of quicker access to these greatly in the number of attachments high speed access. The average annual reports. Compliance costs for small and number of pages submitted recurring increase in cost for high speed entities are estimated to be low, less depending on the nature of the adverse Internet access for the remaining 10 than $2,260 in one-time costs (sum of drug experience and the drug involved. percent of firms would be $96,960 ($40 cost for equipment, training, and We do not have an estimate of the x 12 months x 202 firms). changing SOPs), which should not number of pages of attachments in an Table 2 shows the annual costs of the impose an economic hardship on the average report. However, if an applicant proposed rule. As with the one-time small entities. used a service provider to convert 20 costs, only firms not already making We also considered requiring pages of material and had it saved to a electronic submission of any kind to the electronic submissions but not disk, it would cost about $70 ($10 first agency when this proposed rule specifying a format. This alternative page + ($2 x 19 pages) + $20 to save to becomes final would incur these costs. would reduce the costs to firms disk). C. Summary of Benefits and Costs associated with paper. Because The total one-time incremental costs receiving reports in many different of this proposed rule would be between The principal benefit of this proposed formats would continue to require the $4.5 million and $5.6 million. About rule would be the public health benefits agency to convert the reports into a $1.4 million to $1.7 million of this total associated with more rapid processing standard format for analysis, this would be incurred by the firms that and analysis of the almost 300,000 alternative would delay the full public primarily market nonprescription drug ICSRs currently submitted on paper. In health benefits of quicker FDA access to products without an approved addition, requiring electronic these reports. application. (table 1 of this document). submission would reduce FDA annual operating costs by $2.4 million. E. Small Business Impact 2. Annual costs The total one-time cost for modifying The annual costs of this proposed rule SOPs and establishing electronic The Small Business Administration would include the costs of maintaining submission capabilities is estimated to defines an entity in the pharmaceutical electronic certificates and the increased range from $4.5 million to $5.6 million. industry as small if it has fewer than cost for some firms to obtain high-speed Annually recurring costs totaled 750 employees and a biologic entity as Internet access. $133,320 to $139,380 and included small if it has fewer than 500 a. Maintaining the electronic maintenance of electronic submission employees. Based on this definition certificate. Firms would have an annual capabilities, including renewing the about 90 percent of the drug and cost to renew the electronic certificate electronic certificate, and for some firms biologic entities are small. The impact that identifies the sender. In addition to the incremental cost to maintain high- on each entity will vary depending on having to renew the certificate on a speed Internet access. The total their electronic submission capabilities regular basis, firms that seldom submit annualized cost of the proposed rule, when the rule is made final. Much of reports would also have to ensure they assuming a 7-percent discount rate over the incremental cost and all of the are capable of transmitting data to the 10 years, would be from $0.8 million to recurring costs of this proposed rule are agency. To add these additional costs to $0.9 million ($0.7 million to $0.8 for acquiring and maintaining electronic the cost of the certificate itself, we million at a 3-percent discount rate). We submission capability ($1,236 to $1,780 assume that firms incur an additional request comment on the accuracy and in one-time costs and up to $510 in annually recurring cost equal to one-half completeness of the assumptions used annually recurring costs per small the price of the certificate ($10), for a to estimate the costs of this proposed entity). Only firms that have not made total annually recurring cost of $30. rule, including our choice of a 10 year any electronic submissions to the Assuming that 60 to 70 percent of the time horizon. agency when this rule becomes final firms would not voluntarily submit any would incur those costs. The writing of required documents electronically D. Alternatives Considered SOPs and employee training are the without a regulation, the annual cost to During the development of this only costs that are specific to this rule maintain certificates would range from proposed rule, we considered a number (a one-time cost of about $680 per small $36,360 and $42,420 ($30 x 1,212 firms of alternative approaches. The first was entity). or $30 x 1,414 firms). to allow persons to voluntarily submit Because the estimated incremental b. High-Speed Internet access. Firms reports electronically. This option is costs per entity are low, between $1,916 will need high-speed Internet access to currently available and our experience and $2,460 in one-time incremental use either of the submission methods. A has shown that a number of companies costs and up to $510 in annually 2004 study of small businesses would resist changing their procedures recurring costs, and the majority of sponsored by the Small Business for a long time. As a result, we would those costs would be incurred for any Administration found that essentially not attain the benefits of standardized electronic submission across the agency, all small firms in the United States had formats and quicker access to adverse this proposed rule would probably not Internet access and about 50 percent drug experience data with voluntary have a significant economic impact on had high-speed Internet access.35 The electronic submissions. a substantial number of small entities. average cost of high-speed access was Another alternative was to allow However, because we lack data to fully about $40 per month more than dial-up small entities a longer period of time to characterize the small entities and the access. Because of the nature of the drug comply with the electronic submission average submittal, we do not certify that industry and because the average cost of requirements. This alternative would there will be no significant impact at Internet access has been going down have allowed small entities to delay the this time. We request comment on the over time, we estimate that by the time expense of compliance. This alternative tentative conclusion of no significant this proposed rule would be made final, would delay our receiving the full impact.

35 Pociask, Steve, ‘‘A Survey of Small Businesses’ Business Administration Office of Advocacy contract number SBA–HQ–02–M–0493, March Telecommunications Use and Spending,’’ Small 2004.

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TABLE 1.—ONE-TIME COSTS BY FIRM TYPE1

Establishing Acquiring Total Total e-submission capability e-certificate1 Type of Firm number of PDF files firms Modifying ICH low high SOPs Low High Method Low High

Drug and biologic prod- ucts subject to parts 310, 314, and 600 600 $680,000 $272,000 $544,000 $340,000 $7,200 $8,400 $201,600 $1,500,800 $1,774,000

Nonprescription drug products marketed without an approved application 400 1,088,000 217,000 435,200 4,800 5,600 134,400 1,444,800 1,663,200

Medical Gas 1,020 693,300 554,880 1,109,760 12,240 14,280 342,720 1,603,440 2,160,360

Total 2,020 $2,461,600 $1,044,480 $2,088,960 $340,000 $24,240 $28,280 $678,720 $4,549,040 $5,597,560

Annualized at 3% over 10 years $553,286 $656,205

Annualized at 7% over 10 years $647681 $796,967 1This refers to the $20 one-time cost involved in acquiring the certificate, the actual cost of the certificate is captured in the annual recurring costs (table 2 of this document).

TABLE 2.—ANNUAL RECURRING COSTS

Electronic Certificate Total Type of Firm Internet access Low High Low High

Drug and biologic products subject to parts 310, 314, and 600 $10,800 $12,600 $28,800 $39,600 $41,400

Nonprescription drug products marketed without an approved application 7,200 8,400 19,200 26,400 27,600

Medical Gas 18,360 21,420 48,960 67,320 70,380

Total $36,360 $42,420 $96,960 $133,320 $139,380

VII. Paperwork Reduction Act of 1995 including the validity of the approved BLAs must currently submit methodology and assumptions used; (3) biological lot distribution reports to the This proposed rule contains ways to enhance the quality, utility, and agency. In this rule, FDA is proposing collections of information that are clarity of the information to be to require that these postmarketing subject to review by the Office of collected; and (4) ways to minimize the reports be submitted to the agency in an Management and Budget (OMB) under burden of the collection of information electronic format that FDA can process, the Paperwork Reduction Act of 1995 on respondents, including through the (44 U.S.C. 3501 3520). ‘‘Collection of review and archive. We also propose to use of automated collection techniques, add language to these sections which information’’ includes any request or when appropriate, and other forms of requirement that persons obtain, states that FDA will periodically issue information technology. guidance on how to provide the maintain, retain, or report information Title: Postmarketing Safety Reports for to the agency, or disclose information to electronic submissions (e.g., method of Human Drug and Biological Products: transmission, media, file formats, a third party or to the public (44 U.S.C. Electronic Submission Requirements. 3502(3) and 5 CFR 1320.3(c)). The title, preparation and organization of files). Description: The proposed rule would This rule does not change the content of description, and respondent description amend FDA’s postmarketing safety of the information collection are shown these postmarketing reports. It only reporting regulations for human drug proposes to require that they be under this section with an estimate of and biological products, under parts submitted in an electronic form. Under the annual reporting burden. Included 310, 314 and 600, to require that §§ 310.305(e)(2), 314.80(g)(2), in the estimate is the time for reviewing persons subject to mandatory reporting 600.80(g)(2), and 600.81(b)(2), we are instructions, searching existing data requirements submit safety reports in an also proposing to permit manufacturers, sources, gathering and maintaining the electronic format that FDA can process, data needed, and completing and review, and archive. Under §§ 310.305, packers, and distributors, and reviewing the collection of information. 314.80, 314.98 and 600.80, applicants with approved NDAs, We invite comments on these topics: manufacturers, packers, and ANDAs and BLAs and those that market (1) Whether the collection of distributors, and applicants with prescription drugs for human use information is necessary for proper approved NDAs, ANDAs and BLAs and without an approved application to performance of FDA’s functions, those that market prescription drugs for request a waiver from the electronic including whether the information will human use without an approved format requirement. have practical utility; (2) the accuracy of application must currently submit We currently have OMB approval for FDA’s estimate of the burden of the postmarketing safety reports to the submission of postmarketing safety proposed collection of information, agency. Under § 600.81, applicants with reports to FDA under parts 310, 314,

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and 600. The information collection for mail it to FDA. These assumptions also submission of waivers, under proposed part 310 and part 314 is approved under apply to applicants submitting §§ 310.305(e)(2), 314.80(g)(2), OMB Control Numbers 0910–0291 biological lot distribution reports under 600.80(g)(2), 600.81(b)(2) and 21 U.S.C. (Form 3500A) and 0910–0230. The proposed § 600.81. We invite comment 379aa((b) and (c)). We expect very few information collection for part 600 is on the number of respondents not waiver requests (see section III.C of this approved under OMB Control Numbers currently submitting safety reports in document). We estimate that 0910–0291 (Form 3500A) and 0910– electronic format who would need to approximately one manufacturer would 0308. We do not expect that the burdens convert from paper submission. We also request a waiver annually under currently estimated, under parts 310, invite comment on the reduction in §§ 310.305(e)(2), 600.81(b)(2), and 21 burden associated with not printing out 314 and 600, for submission of U.S.C. 379aa((b) and (c)), and five reports and mailing them to FDA and postmarketing safety reports to FDA for manufacturers would request a waiver whether this burden reduction is offset human drugs and biological products annually under §§ 314.80(g)(2) and would change as a result of this by the cost associated with obtaining an electronic certificate, revising SOPs, and 600.80(g)(2). We estimate that each proposed rule. This is because: (1) waiver request would take Current burden estimates associated familiarizing firms with the system. Manufacturers, packers, or approximately 1 hour to prepare and with these regulatory requirements have distributors whose name appears on the submit to us. taken into account voluntary label of nonprescription human drug submission of these reports in an Description of Respondents: products marketed without an approved Manufacturers, packers, and electronic format and those applicants, application are now required to submit manufacturers, packers, and distributors distributors, and applicants with reports of serious adverse events to FDA approved NDAs, ANDAs and BLAs and that already submit these reports in an (see section II.A.1.d of this document). electronic format would have no new those that market prescription drugs for Even though we are not proposing to human use without an approved reporting burdens, and (2) new burdens require that these reports be submitted application. for establishing the means for to FDA in an electronic form at this submitting postmarketing safety reports time, we are considering including such Burden Estimate: Table 3 of this in electronic form to comply with this a requirement in the final rule. OMB has document provides an estimate of the proposed rule, including obtaining an recently approved the burden associated annual reporting burden for submitting electronic certificate, revising SOPs, and with these submissions under OMB requests under the proposed waiver familiarity with the system, would be Control Number 0910–0636. requirement in this rule. negated by the savings in burden from In table 3 of this document, we have not having to print out the report and estimated the burdens associated with A. Reporting Cost

TABLE 3.—TOTAL ESTIMATED ANNUAL BURDEN FOR THIS PROPOSED RULE

Number of 21 CFR Sections Number of Responses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

Waivers

310.305(e)(2) 1 1 1 1 1

314.80(g)(2) 5 1 5 1 5

600.80(g)(2) 5 1 5 1 5

600.81(b)(2) 1 1 1 1 1

21 U.S.C. 379aa((b) and (c)) 1 1 1 1 1

Total Reporting Burden 13

Based on the average hourly wage as reporting burden currently covered with not printing out reports and calculated in section VI (Analysis of under existing OMB Control Numbers mailing them to FDA. Therefore, we Impacts) of the proposed rule ($68), the 0910–0291, 0910–0230, 0910–0308, and believe that the burden estimates for cost to respondents would be $884 (13 0910–0636. As explained previously, we these information collections will not X $68). believe that any burden increases change. Tables 4 through 7 of this document associated with electronic reporting are provide an estimate of the annual offset by burden decreases associated

TABLE 4.—OMB CONTROL NUMBER 0910–0291

Number of 21 CFR Sections Number of Responses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

Form 3500A (§§ 310.305, 314.80, 314.98, & 600.80) 600 765 459,102 1.1 505, 012

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Based on the average hourly wage as cost to respondents would be calculated in section VI (Analysis of $34,340,816 (505,012 x $68). Impacts) of the proposed rule ($68), the

TABLE 5.—OMB CONTROL NUMBER 0910–0230

Number of 21 CFR Sections Number of Responses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

310.305(c)(5) 1 1 1 1 1

314.80(c)(2) 642 17.88 11,478 60 688,680

Total 688,681

Based on the average hourly wage as cost to respondents would be calculated in section VI (Analysis of $46,830,308 (688,681 x $68). Impacts) of the proposed rule ($68), the

TABLE 6.—OMB CONTROL NUMBER 0910–0308

Number of 21 CFR Sections Number of Responses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

600.80(c)(1) & 600.80(e) 88 270.85 23,835 1 23,835

600.80(c)(2) 88 248.55 21,872 28 612,416

600.81 88 2.03 179 1 179

Total 636,430

Based on the average hourly wage as cost to respondents would be calculated in section VI (Analysis of $43,277,240 (636,430 x $68). Impacts) of the proposed rule ($68), the

TABLE 7.—OMB CONTROL NUMBER 0910–0636

Number of 21 CFR Sections Number of Responses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

Reports of serious adverse drug events (21 U.S.C. 379aa((b) and (c)) 50 250 12.500 2 25,000

Total 25,000

Based on the average hourly wage as The information collection provisions VIII. Federalism calculated in section VI (Analysis of of this proposed rule have been Impacts) of the proposed rule ($68), the submitted to OMB for review. Interested FDA has analyzed this proposed rule cost to respondents would be persons are requested to fax comments in accordance with the principles set $1,700,000 (25,000 x $68). regarding information collection by (see forth in Executive Order 13132. FDA DATES section of this document), to the has determined that the rule does not B. Capital Costs Office of Information and Regulatory contain policies that have substantial direct effects on the States, on the As explained in section VI (Analysis Affairs, OMB. To ensure that comments relationship between the National of Impacts) of this document, total one- on the information collection are Government and the States, or on the time costs to industry under this rule received, OMB recommends that written distribution of power and would be between $4.5 million to $5.6 comments be faxed to the Office of responsibilities among the various million; most of these costs would be for Information and Regulatory Affairs, levels of government. Accordingly, the changing SOPs, setting up systems for OMB, Attn: FDA Desk Officer, FAX: agency has concluded that the rule does submissions, and acquiring an 202–395–7285, or e-mailed to not contain policies that have electronic certificate. Industry would [email protected]. All federalism implications as defined in also incur annual costs of between comments should reference the title of the Executive order and, consequently, $133,320 to $139,380 for Internet this rule and include the FDA docket a federalism summary impact statement upgrades and to maintain electronic number found in brackets in the is not required. certificates. heading of this document.

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IX. Request for Comments § 310.305 Records and reports concerning (iv) Description of adverse drug adverse drug experiences on marketed Interested persons may submit to the experience; prescription drugs for human use without (v) Description of relevant tests, Division of Dockets Management (see approved new drug applications. ADDRESSES) written or electronic including dates and laboratory data; and * * * * * comments regarding this document. (vi) Other relevant patient history, (b) * * * Submit a single copy of electronic including preexisting medical Individual case safety report (ICSR). A comments or two paper copies of any conditions. description of an adverse drug mailed comments, except that (3) Suspect medication(s). experience related to an individual individuals may submit one paper copy. (i) Name; patient or subject. Comments are to be identified with the (ii) Dose, frequency, and route used; (c) Reporting requirements. Each docket number found in brackets in the (iii) Therapy dates; person identified in paragraph (c)(1)(i) (iv) Diagnosis for use (indication); heading of this document. Received of this section must submit to FDA (v) State whether adverse drug comments may be seen in the Division adverse drug experience information as experience abated after drug use of Dockets Management between 9 a.m. described in this section. Except as stopped or dose reduced; and 4 p.m., Monday through Friday. provided in paragraph (e)(2) of this (vi) Lot number; List of Subjects section, 15-day ‘‘Alert reports’’ and (vii) Expiration date; followup reports, including ICSRs and (viii) State whether adverse drug 21 CFR Part 310 any attachments, must be submitted to experience reappeared after Administrative practice and the agency in electronic format as reintroduction of drug; procedure, Drugs, Labeling, Medical described in paragraph (e)(1) of this (ix) NDC number; and devices, Reporting and recordkeeping section. (x) Concomitant medical products and requirements. (1) Postmarketing 15-day ‘‘Alert therapy dates. 21 CFR Part 314 reports’’. (i) Any person whose name (4) Initial reporter information. appears on the label of a marketed (i) Name, address, and phone number; Administrative practice and prescription drug product as its (ii) Whether the initial reporter is a procedure, Confidential business manufacturer, packer, or distributor health professional; information, Drugs, Reporting and must report to FDA each adverse drug (iii) Occupation; and recordkeeping requirements. experience received or otherwise (iv) Whether the initial reporter also 21 CFR Part 600 obtained that is both serious and sent a copy of the report to FDA. (5) Manufacturer, packer, or Biologics, Reporting and unexpected as soon as possible, but no later than 15 calendar days from initial distributor information. recordkeeping requirements. (i) Manufacturer, packer, or Therefore, under the Federal Food, receipt of the information by the person whose name appears on the label. Each distributor name and contact office Drug, and Cosmetic Act, the Public address; Health Service Act, and under authority report must be accompanied by the current content of labeling in electronic (ii) Telephone number; delegated to the Commissioner of Food (iii) Report source(s) (e.g., literature, and Drugs, it is proposed that 21 CFR format unless it is already on file at FDA. study); parts 310, 314, and 600 be amended as (iv) Date received by manufacturer, follows: * * * * * packer, or distributor; (3) * * * If a packer or distributor (v) Basis for marketing if PART 310—NEW DRUGS elects to submit these adverse drug nonapplication product; experience reports to the manufacturer 1. The authority citation for 21 CFR (vi) Type of report being submitted rather than to FDA, it must submit, by part 310 continues to read as follows: (e.g., 15-day, periodic, followup); any appropriate means, each report to Authority: 21 U.S.C. 321, 331, 351, 352, (vii) Adverse drug experience term(s); the manufacturer within 5 calendar days and 353, 355, 360b–360f, 360j, 361(a), 371, 374, of its receipt by the packer or 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, (viii) Manufacturer report number. 263b–263n. distributor, and the manufacturer must (e) Electronic format for submissions. then comply with the requirements of (1) Each report required to be submitted 2. Section 310.305 is amended by: this section even if its name does not a. Removing the word ‘‘shall’’ each to FDA under this section, including the appear on the label of the drug product. ICSR and any attached documentation, time it appears and by adding in its *** place the word ‘‘must’’; must be submitted in an electronic b. Adding alphabetically in paragraph * * * * * format that FDA can process, review, (b) the definition of ‘‘Individual case (4) [Reserved] and archive. FDA will periodically issue safety report (ICSR)’’; * * * * * guidance on how to provide the c. Revising paragraph (c) introductory (d) Information reported on ICSRs. electronic submission (e.g., method of text, paragraph (c)(1)(i), and the second ICSRs include the following transmission, media, file formats, sentence of paragraph (c)(3) information: preparation and organization of files). introductory text; removing the last (1) Patient information. (2) Waivers. Each person identified in sentence in paragraph (c)(2), and (i) Patient identification code; paragraph (c)(1)(i) of this section may removing and reserving paragraph (c)(4); (ii) Patient age at the time of adverse request, in writing, a temporary waiver d. Revising paragraph (d); and drug experience, or date of birth; of the requirements in paragraph (e)(1) e. Redesignating paragraphs (e) (iii) Patient gender; and of this section. These waivers will be through (g) as paragraphs (f) through (h), (iv) Patient weight. granted on a limited basis for good adding a new paragraph (e), revising (2) Adverse drug experience. cause shown. If the agency grants the newly redesignated paragraph (f), and in (i) Outcome attributed to adverse drug waiver, the person must submit the newly redesignated paragraph (g)(1) experience; reports required under paragraph (c) of remove ‘‘(c)(4)’’ and add in its place (ii) Date of adverse drug experience; this section on paper within the ‘‘(c)(3)’’ to read as follows: (iii) Date of report; required time periods in a form that

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FDA can process, review, and archive. k. By adding new paragraph (g) to adverse drug experiences). All such FDA will issue guidance on how to read as follows: ICSRs must be submitted to FDA (either provide the paper submission. individually or in one or more batches) Procedures for how to request waivers § 314.80 Postmarketing reporting of within the timeframe specified in adverse drug experiences. of this requirement will be set forth in paragraph (c)(2)(i) of this section. ICSRs guidance. (a) * * * must only be submitted to FDA once. (f) Patient privacy. Manufacturers, Individual case safety report (ICSR). A description of an adverse drug * * * * * packers, and distributors should not (d) Scientific literature. A 15-day include in reports under this section the experience related to an individual patient or subject. Alert report based on information in the names and addresses of individual scientific literature must be patients; instead, the manufacturer, * * * * * accompanied by a copy of the published (c) Reporting requirements. The packer, and distributor should assign a article. * * * applicant must submit to FDA adverse unique code to each report. The * * * * * preferred methodology for determining drug experience information as described in this section. Except as (f) Information reported on ICSRs. the identification code will be set forth ICSRs include the following in guidance. The manufacturer, packer, provided in paragraph (g)(2) of this section, these reports must be submitted information: and distributor should include the name (1) Patient information. of the reporter from whom the to the agency in electronic format as described in paragraph (g)(1) of this (i) Patient identification code; information was received, unless the (ii) Patient age at the time of adverse section. reporter is the patient. The names of drug experience, or date of birth; patients, individual reporters, health (1) * * * (iii) Submission of reports. The (iii) Patient gender; and care professionals, hospitals, and requirements of paragraphs (c)(1)(i) and (iv) Patient weight. geographical identifiers in adverse drug (c)(1)(ii) of this section, concerning the (2) Adverse drug experience. experience reports are not releasable to submission of postmarketing 15-day (i) Outcome attributed to adverse drug the public under FDA’s public Alert reports, also apply to any person experience; information regulations in part 20 of (ii) Date of adverse drug experience; other than the applicant whose name this chapter. (iii) Date of report; appears on the label of an approved (iv) Description of adverse drug * * * * * drug product as a manufacturer, packer, experience; PART 314—APPLICATIONS FOR FDA or distributor (nonapplicant). * * * If a (v) Description of relevant tests, APPROVAL TO MARKET A NEW DRUG nonapplicant elects to submit adverse including dates and laboratory data; and drug experience reports to the applicant (vi) Other relevant patient history, 3. The authority citation for 21 CFR rather than to FDA, the nonapplicant including preexisting medical part 314 continues to read as follows: must submit, by any appropriate means, conditions. Authority: 21 U.S.C. 321, 331, 351, 352, each report to the applicant within 5 (3) Suspect medication(s). 353, 355, 356, 356a, 356b, 356c, 371, 374, calendar days of initial receipt of the (i) Name; 379e. information by the nonapplicant, and (ii) Dose, frequency, and route used; 4. Section 314.80 is amended: the applicant must then comply with (iii) Therapy dates; a. By removing the word ‘‘shall’’ each the requirements of this section. * * * (iv) Diagnosis for use (indication); time it appears and by adding in its * * * * * (v) State whether adverse drug place the word ‘‘must’’; (2) * * * experience abated after drug use b. In paragraph (a) by alphabetically (ii) Each periodic report is required to stopped or dose reduced; adding the definition for ‘‘Individual contain: (vi) Lot number; case safety report (ICSR)’’; (A) Descriptive information. (1) A (vii) Expiration date; c. In paragraph (c)(1)(i) by removing narrative summary and analysis of the (viii) State whether adverse drug the phrase ‘‘in no case later than 15 information in the report; experience reappeared after calendar days of’’ and by adding in its (2) An analysis of the 15-day Alert reintroduction of drug; place the phrase ‘‘no later than 15 reports submitted during the reporting (ix) NDC number; and calendar days from’’; interval (all 15-day Alert reports being (x) Concomitant medical products and d. By removing the last sentence of appropriately referenced by the therapy dates. paragraph (c)(1)(ii); applicant’s patient identification code, (4) Initial reporter information. e. By removing paragraph (c)(1)(iv); adverse reaction term(s), and date of (i) Name, address, and phone number; f. By revising paragraph (c) submission to FDA); (ii) Whether the initial reporter is a introductory text, the first and third (3) A history of actions taken since the health professional; sentences of paragraph (c)(1)(iii) last report because of adverse drug (iii) Occupation; and introductory text, and paragraph experiences (for example, labeling (iv) Whether the initial reporter also (c)(2)(ii); changes or studies initiated); and sent a copy of the report to FDA. g. By removing paragraph (d)(2) and (4) An index consisting of a line (5) Applicant information. by redesignating paragraph (d)(1) as listing of the applicant’s patient (i) Applicant name and contact office paragraph (d) and revising the first identification code, and adverse address; sentence of paragraph (d); reaction term(s) for all ICSRs submitted (ii) Telephone number; h. By removing paragraph (e)(2) and under paragraph (c)(2)(ii)(B) of this (iii) Report source(s) (e.g., literature, by redesignating paragraph (e)(1) as section. study); paragraph (e); (B) ICSRs for serious, expected and (iv) Date received by applicant; i. By revising paragraph (f); nonserious adverse drug experiences. (v) Application number and type; j. By redesignating paragraph (g) An ICSR for each adverse drug (vi) Type of report being submitted through paragraph (k) as paragraph (h) experience not reported under (e.g., 15-day, periodic, followup); through paragraph (l); and revising paragraph (c)(1)(i) of this section (all (vii) Adverse drug experience term(s); newly redesignated (i); serious, expected and nonserious and

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(viii) Manufacturer report number. PART 600—BIOLOGICAL PRODUCTS: (c)(1)(ii) of this section, concerning the (g) Electronic format for submissions. GENERAL submission of postmarketing 15-day (1) Safety report submissions, including Alert reports, also apply to any person 6. The authority citation for 21 CFR whose name appears on the label of a ICSRs. Any attached documentation, part 600 continues in part to read as and the descriptive information in licensed biological product as a follows: manufacturer, packer, distributor, periodic reports, must be in an Authority: 21 U.S.C. 321, 351, 352, 353, shared manufacturer, joint electronic format that FDA can process, 355, 360, 360i, 371, 374; 42 U.S.C. 216, 262, manufacturer, or any other participant review, and archive. FDA will 263, 263a, 264, 300aa–25. involved in divided manufacturing. periodically issue guidance on how to * * * * * * * * If a person elects to submit provide the electronic submission (e.g., 7. Section 600.80 is amended: adverse experience reports to the method of transmission, media, file a. By removing the word ‘‘shall’’ each applicant rather than to FDA, the person formats, preparation and organization of time it appears and by adding in its must submit, by any appropriate means, files). place the word ‘‘must’’; each report to the applicant within 5 b. By removing the phrase ‘‘licensed (2) Waivers. An applicant or calendar days of initial receipt of the manufacturer’’ each time it appears and information by the person, and the nonapplicant may request, in writing, a by adding in its place the word applicant must then comply with the temporary waiver of the requirements in ‘‘applicant’’; requirements of this section. * * * paragraph (g)(1) of this section. These c. In paragraph (a) by alphabetically waivers will be granted on a limited adding the definition for ‘‘Individual * * * * * basis for good cause shown. If the case safety report (ICSR)’’; (2) * * * agency grants the waiver, the applicant d. In paragraph (c)(1)(i) by removing (ii) Each periodic report is required to or nonapplicant must submit reports the phrase ‘‘in no case later than 15 contain: required under this section on paper calendar days of’’ and by adding in its (A) Descriptive information. (1) A within the required time periods in a place the phrase ‘‘no later than 15 narrative summary and analysis of the form that FDA can process, review, and calendar days from’’; information in the report; (2) An analysis of the 15-day Alert archive. FDA will issue guidance on e. In paragraph (c)(1)(ii) by removing reports submitted during the reporting how to provide the paper submission. the last sentence; interval (all 15-day Alert reports being Procedures for how to request waivers f. By removing paragraph (c)(1)(iv); g. By revising paragraph (c) appropriately referenced by the of this requirement will be set forth in introductory text, the first and third applicant’s patient identification code, guidance. sentences of paragraph (c)(1)(iii) adverse reaction term(s), and date of * * * * * introductory text, and paragraph submission to FDA); (i) Patient privacy. An applicant (c)(2)(ii); (3) A history of actions taken since the should not include in reports under this h. By removing paragraph (d)(2) and last report because of adverse section the names and addresses of by redesignating paragraph (d)(1) as experiences (for example, labeling individual patients; instead, the paragraph (d) and revising the first changes or studies initiated); applicant should assign a unique code sentence of paragraph (d); (4) An index consisting of a line to each report. The preferred i. By removing paragraph (e)(2) and by listing of the applicant’s patient redesignating paragraph (e)(1) as identification code, and adverse methodology for determining the paragraph (e); reaction term(s) for all ICSRs submitted identification code will be set forth in j. By revising paragraph (f); under paragraph (c)(2)(ii)(B) of this guidance. The applicant should include k. By redesignating paragraph (g) section; and the name of the reporter from whom the through paragraph (l) as paragraph (h) (B) ICSRs for serious, expected and information was received, unless the through paragraph (m) and by revising nonserious adverse experiences. An reporter is the patient. The names of newly redesignated paragraph (i); and ICSR for each adverse experience not patients, health care professionals, l. By adding new paragraph (g) to read reported under paragraph (c)(1)(i) of this hospitals, and geographical identifiers as follows: section (all serious, expected and in adverse drug experience reports are nonserious adverse experiences). All not releasable to the public under FDA’s § 600.80 Postmarketing reporting of adverse experiences. such ICSRs must be submitted to FDA public information regulations in part (either individually or in one or more 20 of this chapter. (a) * * * Individual case safety report (ICSR). A batches) within the timeframe specified * * * * * description of an adverse experience in paragraph (c)(2)(i) of this section. 5. Section 314.98 is revised to read as related to an individual patient or ICSRs must only be submitted to FDA once. follows: subject. * * * * * * * * * * § 314.98 Postmarketing reports. (c) Reporting requirements. The (d) Scientific literature. A 15-day Alert report based on information in the (a) Each applicant having an approved applicant must submit to FDA scientific literature must be abbreviated new drug application under postmarketing 15-day Alert reports and periodic safety reports pertaining to its accompanied by a copy of the published § 314.94 that is effective must comply article. * * * with the requirements of § 314.80 biological product as described in this regarding the reporting and section. These reports must be * * * * * (f) Information to be reported on recordkeeping of adverse drug submitted to the agency in electronic ICSRs. ICSRs include the following experiences. format as described in paragraph (g)(1) of this section, except as provided in information: (b) Each applicant must make the paragraph (g)(2) of this section. (1) Patient information. reports required under § 314.81 and (1) * * * (i) Patient identification code; section 505(k) of the act for each of its (iii) Submission of reports. The (ii) Patient age at the time of adverse approved abbreviated applications. requirements of paragraphs (c)(1)(i) and experience, or date of birth;

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(iii) Patient gender; and must submit reports required under this granted on a limited basis for good (iv) Patient weight. section on paper within the required cause shown. If the agency grants the (2) Adverse experience. time periods in a form that FDA can waiver, the applicant must submit (i) Outcome attributed to adverse process, review, and archive. FDA will reports required under this section on experience; issue guidance on how to provide the paper within the required time period in (ii) Date of adverse experience; paper submission. Requests for waivers a form that FDA can process, review, (iii) Date of report; must be submitted in accordance with and archive. FDA will issue guidance on (iv) Description of adverse experience; § 600.90. how to provide the paper submission. (v) Description of relevant tests, * * * * * Requests for waivers must be submitted including dates and laboratory data; and (i) Patient privacy. For nonvaccine in accordance with § 600.90. (vi) Other relevant patient history, biological products, an applicant should § 600.90 [Amended] including preexisting medical not include in reports under this section conditions. the names and addresses of individual 9. Section 600.90 is amended by (3) Suspect medical product(s). patients; instead, the applicant should removing the phrase ‘‘licensed (i) Name; assign a unique code to each report. The manufacturer’’ each time it appears and (ii) Dose, frequency, and route used; preferred methodology for determining by adding in its place the word (iii) Therapy dates; ‘‘applicant’’. (iv) Diagnosis for use (indication); the identification code will be set forth Dated: August 5, 2009. (v) State whether adverse experience in guidance. The applicant should abated after product use stopped or dose include the name of the reporter from Jeffrey Shuren, reduced; whom the information was received, Associate Commissioner for Policy and (vi) Lot number; unless the reporter is the patient. The Planning. (vii) Expiration date; names of patients, health care [FR Doc. E9–19682 Filed 8–20–09; 8:45 am] (viii) State whether adverse professionals, hospitals, and BILLING CODE 4160–01–S experience reappeared after geographical identifiers in adverse reintroduction of the product; experience reports are not releasable to (ix) NDC number, or other unique the public under FDA’s public DEPARTMENT OF HEALTH AND identifier; and information regulations in part 20 of HUMAN SERVICES (x) Concomitant medical products and this chapter. For vaccine adverse Food and Drug Administration therapy dates. experience reports, these data will (4) Initial reporter information. become part of the CDC Privacy Act 21 CFR Part 803 (i) Name, address, and phone number; System 09–20–0136, ‘‘Epidemiologic (ii) Whether the initial reporter is a Studies and Surveillance of Disease [Docket No. FDA–2008–N–0393] Problems.’’ Information identifying the health professional; RIN 0910–AF86 (iii) Occupation; and person who received the vaccine or that person’s legal representative will not be (iv) Whether the initial reporter also Medical Device Reporting: Electronic made available to the public, but may be sent a copy of the report to FDA. Submission Requirements (5) Applicant information. available to the vaccinee or legal (i) Applicant name and contact office representative. AGENCY: Food and Drug Administration, address; * * * * * HHS. (ii) Telephone number; 8. Section § 600.81 is amended: ACTION: Proposed rule. (iii) Report source(s) (e.g., literature, a. By removing the phrase ‘‘licensed study); manufacturer’’ each time it appears and SUMMARY: The Food and Drug (iv) Date received by applicant; by adding in its place the word Administration (FDA) is proposing to (v) Application number and type; ‘‘applicant’’; amend its postmarket medical device (vi) Type of report being submitted b. By designating the existing text as reporting regulation to require that (e.g., 15-day, periodic, followup); paragraph (a) and by adding a new manufacturers, importers, and user (vii) Adverse experience term(s); and heading for paragraph (a); and facilities submit mandatory reports of (viii) Manufacturer report number. c. By adding new paragraph (b) to individual medical device adverse (g) Electronic format for submissions. read as follows: events, also known as medical device (1) Safety report submissions, including reports (MDRs) to the agency in an ICSRs and any attached documentation § 600.81 Distribution reports. electronic format that FDA can process, and the descriptive information in (a) Reporting requirements. * * * review, and archive. Mandatory periodic reports, must be in an (b)(1) Electronic format. Except as electronic reporting would improve the electronic format that FDA can process, provided for in paragraph (b)(2) of this agency’s process for collecting and review, and archive. FDA will section, the distribution reports required analyzing postmarket medical device periodically issue guidance on how to under paragraph (a) of this section must adverse event information. The provide the electronic submission (e.g., be submitted to the agency in electronic proposed regulatory changes would method of transmission, media, file format in a form that FDA can process, provide the agency with a more efficient formats, preparation and organization of review, and archive. FDA will data entry process that would allow for files). periodically issue guidance on how to timely access to medical device adverse (2) Waivers. Persons subject to the provide the electronic submission (e.g., event information and identification of requirements of paragraph (c) of this method of transmission, media, file emerging public health issues. section may request, in writing, a formats, preparation and organization of Elsewhere in this issue of the Federal temporary waiver of the requirements in files). Register, FDA is also announcing a draft paragraph (g)(1) of this section. These (2) Waivers. An applicant may guidance document that provides waivers will be granted on a limited request, in writing, a temporary waiver recommendations on how to prepare basis for good cause shown. If the of the requirements in paragraph (b)(1) and submit electronic MDRs to FDA in agency grants the waiver, the person of this section. These waivers will be a manner that satisfies the requirements

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of this proposed regulation. The ‘‘Search’’ box and follow the prompts Report Requirements be Affected? proposal also includes modifications to and/or go to the Division of Dockets 4. How Would the Requirement to the regulations specifying the content of Management, 5630 Fishers Lane, rm. Submit Reports in Electronic required MDRs to better track 1061, Rockville, MD 20852. Format Affect Recordkeeping information already solicited on the Information Collection Provisions: Requirements? FDA Form 3500A. The information collection provisions of B. How Would I Submit MDRs in DATES: November 19, 2009. Submit this proposed rule have been submitted Electronic Format? comments on information collection to OMB for review. Interested persons C. How Can a Medical Device issues under the Paperwork Reduction are requested to fax or e-mail comments Manufacturer, Importer, or User Act of 1995 (the PRA) by September 21, regarding the information collection Facility Obtain a Variance 2009, (see the ‘‘Paperwork Reduction provisions by September 21, 2009, to Regarding the Requirement to Act of 1995’’ section of this document). the Office of Information and Regulatory Submit a Report in Electronic Format? ADDRESSES: You may submit comments, Affairs, OMB. To ensure that comments D. What Other Changes Are Being identified by Docket No. FDA–2008–N– on information collection are received, Proposed? 0393 and/or RIN number 0910–AF86, by OMB recommends that written E. When Would the Rule Become any of the following methods, except comments be faxed to 202–395–7285 or Effective? that comments on information e-mailed to _ III. What Is the Legal Authority for This collection issues under the Paperwork OIRA [email protected]. Please Rule Reduction Act of 1995 must be reference this proposed rule and OMB Control Number 0910–0437 and mark IV. Is There an Environmental Impact? submitted to the Office of Regulatory V. Analysis of Impacts Affairs, Office of Management and your comments to the Attention of the FDA Desk Officer. A. Benefits Budget (OMB) (see the ‘‘Paperwork B. Costs FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995’’ section of this 1. One-Time Costs Howard Press, Center for Devices and document). a. Rewriting SOPs and training Radiological Health, Food and Drug Electronic Submissions personnel Administration, 10903 New Hampshire Submit electronic comments in the b. Setting up systems for submission following way: Ave., Building 66, rm. 3320, Silver c. Electronic certificates • Federal eRulemaking Portal: http:// Spring, MD 20993–0002, 301–796–6087. 2. Annual costs www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: a. Maintaining electronic certificates instructions for submitting comments. Table of Contents b. High-speed Internet access Written Submissions C. Summary of Benefits and Costs Submit written submissions in the I. Introduction D. Alternatives Considered following ways: A. What Are the Medical Device E. Regulatory Flexibility Analysis • FAX: 301–827–6870. Reporting Requirements? VI. Paperwork Reduction Act of 1995 • Mail/Hand delivery/Courier (for 1. What Are the Current Reporting A. Reporting Requirements paper, disk, or CD–ROM submissions): Requirements for Manufacturers B. Recordkeeping Requirements Division of Dockets Management (HFA– and What Is Their Status? C. Total Annual Cost Burden 305), Food and Drug Administration, 2. What Are the Current Reporting VII. Federalism 5630 Fishers Lane, rm. 1061, Rockville, Requirements for Importers? VIII. Request for Comments MD 20852. 3. What Are the Current Reporting IX. References To ensure more timely processing of Requirements for User Facilities? comments, FDA is no longer accepting B. What Format Is Currently Used for I. Introduction comments submitted to the agency by e- Submitting Postmarket Medical In this proposal, we provide mail. FDA encourages you to continue Device Reports? background information on the current to submit electronic comments by using C. Why Is FDA Proposing to Require status of FDA’s medical device reporting the Federal eRulemaking Portal, as Electronic Submissions of MDRs? requirements, explain the revisions we described previously, in the ADDRESSES 1. What Are the Options for Electronic are proposing here, and describe our portion of this document under Reporting? approach to electronic medical device Electronic Submissions. 2. What Is the FDA Electronic reporting. Instructions: All submissions received Submission Gateway (ESG)? For over 20 years, FDA has received must include the agency name and 3. How Do I Know FDA Received My postmarket MDRs in a paper format. Docket No(s). and Regulatory Electronic Submission and It Was This proposed rule to require the Information Number (RIN) (if a RIN Successfully Processed? electronic submission to FDA of most number has been assigned) for this II. Description of the Proposed Rule MDRs is an important step towards rulemaking. All comments received may A. How Would the Rule Address improving the agency’s systems for be posted without change to http:// Submission of Reports in Electronic collecting and analyzing postmarket www.regulations.gov, including any Format? MDRs. The proposed rule includes personal information provided. For 1. How Would the Reporting reports of deaths, serious injuries, and additional information on submitting Requirements for Manufacturers malfunctions that must be reported to comments, see the ‘‘Comments’’ heading Change With Respect to Electronic FDA in initial 5-day, 10-day, or 30-day of the SUPPLEMENTARY INFORMATION Format? individual MDRs or in supplemental section of this document. 2. How Would the Reporting reports. We believe this proposed rule Docket: For access to the docket to Requirements for Importers Change would have the following benefits: read background documents or With Respect to Electronic Format? • Reduce industry’s time and costs comments received, go to http:// 3. How Would the Reporting associated with transcribing data from www.regulations.gov and insert the Requirements for User Facilities internal data management systems to docket number(s), found in brackets in Change With Respect to Electronic paper and mailing the paper reports to the heading of this document, into the Format, and How Would Annual the agency,

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• Eliminate the agency’s transcription agency no later than 5 working days the agency within 10 working days if errors, time, and costs associated with after becoming aware of the information the manufacturer of the device is receiving paper reports and transcribing (§ 803.53). unknown or cannot be identified data to electronic format for review and Title II, section 227, of the Food and (§ 803.30(a)(2)). These reports must be analysis, Drug Administration Amendments Act submitted on the FDA Form 3500A (see • Expedite the agency’s access to of 2007 (FDAAA) (Public Law 110–85), § 803.20(a)), and include the safety information in a format that amended section 519 of the Federal information described in § 803.32. would support more efficient and Food, Drug, and Cosmetic Act (the act) In addition, user facilities are required comprehensive data analysis and to require that FDA establish criteria for to submit to the agency an annual reviews, and manufacturer reports of malfunctions summary of the reports they sent to • Enhance the agency’s ability to for most class I and certain class II manufacturers and the FDA, using FDA rapidly communicate information about devices that include requiring those Form 3419 (§ 803.33). The proposal to suspected problems to the medical reports to be in summary form and require submission of reports to FDA in device industry, health care providers, made on a quarterly basis. The types of an electronic format does not apply to consumers, and other government events required to be reported are user facility annual reports made under agencies. unchanged. FDA intends to address § 803.33, although other changes to In addition, this proposed rule is changes necessitated by this statutory § 803.33 are proposed as explained in consistent with the Government change separately from this proposed section I.B of this document. Paperwork Elimination Act (Public Law rule, and will address requirements for B. What Format Is Currently Used for 105–277) requirement that Federal submission of those new summary Submitting Postmarket Medical Device agencies allow individuals or entities to malfunction reports at that time. Reports? submit information or transact business However, some individual malfunction with the agency electronically. reports will continue to be required Current regulations at § 803.20(a) even after the FDAAA-related changes, require that user facilities, importers, A. What Are the Medical Device and as explained below, the rule and manufacturers use the FDA Form Reporting Requirements? proposed here does address submission 3500A to submit mandatory reports The requirements of current medical of individual malfunction reports to the about FDA-regulated devices. This device reporting regulations are agency. requirement took effect July 31, 1996 summarized in sections I.A.1 to I.A.3 of (see 60 FR 63578, December 11, 1995; this document. In addition, we address 2. What Are the Current Reporting 61 FR 16043, April 11, 1996). changes to these regulations to be Requirements for Importers? Certain blocks of the FDA Form effected outside of this proposed rule. The MDR regulation requires that 3500A are required only for user Current MDR regulations (part 803 (21 importers of medical devices submit a facilities, while others are required only CFR part 803)) require manufacturers postmarket MDR to the agency and the for manufacturers (see § 803.20(a)(2)). and importers of marketed medical manufacturer no later than 30 calendar Subsequent to its initial adoption, devices, and user facilities, to submit days after becoming aware of FDA revised the Form 3500A and its postmarket reports of individual information that reasonably suggests instructions, adding elements including medical device adverse events to FDA that one of the importer’s marketed the premarket approval application on the FDA Form 3500A. devices may have caused or contributed (PMA) or 510(k) number for the device, to a death or serious injury (§ 803.40(a)). and two questions regarding 1. What Are the Current Reporting Importers must submit reports to the reprocessed single-use devices. The Requirements for Manufacturers and manufacturer no later than 30 calendar agency was required to revise the form What Is Their Status? days after becoming aware of to include the questions regarding The current MDR regulation requires information that reasonably suggests reprocessed single-use devices under that manufacturers of medical devices that one of the importer’s marketed section 303 of the Medical Device User submit a postmarket MDR of an devices has malfunctioned and that this Fee and Modernization Act of 2002 individual adverse event no later than device or a similar device marketed by (Public Law 107–250). The revised FDA 30 calendar days after becoming aware the importer would be likely to cause or Form 3500A is approved under the of information that a device the contribute to a death or serious injury if PRA, under OMB control number 0910– manufacturer markets may have caused the malfunction were to recur 0291. or contributed to a death, serious injury, (§ 803.40(b)). These reports must be FDA Form 3500A has been routinely or malfunction (§ 803.50). This report submitted on the FDA Form 3500A (see completed on paper and transmitted to must be submitted on the FDA Form § 803.20) and contain the information FDA by mail, requiring FDA to 3500A, (§ 803.20), and contain specified in § 803.42. manually input information from those information described in § 803.52. reports into its internal electronic In addition, the regulation requires 3. What Are the Current Reporting systems before it can be reviewed and manufacturers to provide supplemental Requirements for User Facilities? analyzed. This process is extremely time information about such events, on an The MDR regulation requires that user consuming, costly, and susceptible to FDA Form 3500A, within 30 calendar facilities submit a postmarket MDR of data entry errors. Because FDA days of obtaining information should death to the agency and an MDR of regulations at § 803.14 provide for the such information become available after death or serious injury to the device possibility of voluntary electronic the initial MDR was filed with FDA manufacturer within 10 working days of submission of MDRs, with agency (§ 803.56). In instances where the becoming aware of information that permission, several regulations in part medical device adverse event resulted reasonably suggests that a device has or 803 refer to submission of reports using in remedial action to prevent an may have caused or contributed to the the FDA Form 3500A ‘‘or an electronic unreasonable risk of substantial harm to death or a serious injury of a patient of equivalent approved under section the public health, or at the discretion of the facility. (§ 803.30(a)). The regulation 803.14.’’ (See, e.g., §§ 803.30, 803.40, the agency, the regulation requires the requires that user facilities submit and 803.53.) However, reporters have manufacturer to submit an MDR to the postmarket reports of serious injury to not made use of section 803.14 to

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pursue voluntary electronic submission for high volume reporting. Both options MDR at a time. Reporters developing of MDRs, and FDA’s legacy systems make use of the FDA Electronic applications using the HL7 ICSR were not in general designed to accept Submission Gateway (FDA ESG), a standard may also build functions for submission of MDRs in electronic secure electronic portal described saving or printing those reports. format. further in this document, for The draft guidance document transmission of reports to FDA. In C. Why Is FDA Proposing to Require announced elsewhere in this Federal accordance with 21 CFR 11.2(b), CDRH Electronic Submission of MDRs? Register provides information on both is now accepting on a voluntary basis, options for electronic submission of When a medical device has been in lieu of paper, MDRs prepared and MDRs. cleared for marketing and enters the transmitted in accordance with these market, the product is introduced to a options. More information on electronic 2. What Is the FDA Electronic larger patient population in settings submission of MDRs is available at Submission Gateway (ESG)? different from clinical trials. New http://www.fda.gov/MedicalDevices/ The FDA ESG is the entry point for all information generated during the DeviceRegulationandGuidance/ electronic submissions to the agency. postmarketing period offers further PostmarketRequirements/Reporting The FDA ESG is available 24 hours a insight into the benefits or risks of the AdverseEvents/ucm127932.htm. day, 7 days a week. Information on the product, and evaluation of this For low-volume medical device FDA ESG is available at http:// information is important for all products reporting (few or infrequent MDRs), the www.fda.gov/ForIndustry/Electronic to ensure their safe use. Historically, current approach developed by the SubmissionsGateway/default.htm. To FDA has received almost all postmarket agency uses the CDRH eSubmitter use the FDA ESG, reporters need to have MDRs on paper through the mail. When (CeSub) software. The CeSub software a digital certificate. A digital certificate data elements are provided to FDA on allows for the submission of one MDR is an attachment to an electronic only paper, the information must be at a time. The software provides the message that allows the recipient to entered by hand into an electronic following tools: authenticate the identity of the sender format for review and analysis. This • Save address and contact via third party verification from an process is extremely time consuming, information, independent certificate authority. costly, and susceptible to data entry • Search for a Product Code, Digital certificates are used to identify • errors. Search to locate a patient or Device encryption and decryption codes The electronic submission of medical Problem Code, • between message senders and device reports would lead to more Search to find manufacturer recipients. Information on digital efficient reviews, enhancing our ability evaluation codes (method, result, and certificates can be found at http:// to rapidly disseminate significant conclusion), www.fda.gov/ForIndustry/Electronic • Attach documents when additional information to the medical device SubmissionsGateway/ucm113223.htm. industry, health care providers, and information needs to be provided, consumers, in support of FDA’s public • Produce a ‘‘missing data report’’ to 3. How Do I Know FDA Received My health mission. help ensure that all required Electronic Submission and It Was Electronic submissions would also information is supplied before Successfully Processed? improve the speed and efficiency of submission to FDA. FDA’s electronic submission Once the MDR is completed, the file both industry and agency operations. processing system sends the submitter is ‘‘packaged for submission.’’ The Electronic reporting can benefit industry three different acknowledgments package generates an electronic version by reducing the costs associated with (messages) for each submission. of the FDA Form 3500A, which can be collating, copying, storing, retrieving, Acknowledgment 1 comes from the ESG submitted to FDA using the FDA ESG. and mailing paper medical device and indicates your submission was The final CeSub-generated report can reports to the agency on FDA Form received. Acknowledgment 2 is sent by also be saved or printed, for 3500A. In addition, the agency benefits the ESG and indicates the submission recordkeeping or to provide reports to from the elimination of manual data reached CDRH. CDRH sends manufacturers or other entities outside entry processes and reductions in Acknowledgment 3 and notifies you of FDA. The CeSub software and physical storage for paper copies of the whether your submission was instructions for installation are free and FDA Form 3500A. Based on low rates of successfully loaded into CDRH’s available at: http://www.fda.gov/ participation in prior pilot voluntary adverse event database or the ForIndustry/FDAeSubmitter/ electronic MDR submission programs, submission contained errors (specified ucm107903.htm. We may sometimes FDA believes that without a regulation in the acknowledgment) during update or change our methodology, requiring electronic submission of validation and loading. If your approach or software to improve the MDRs a large number of medical device submission contained errors, the errors firms and user facilities would resist low-volume reporting experience. Reporters with large volumes of MDRs need to be corrected and the corrected changing their procedures for a long reports resent. period of time. This delay would hinder may prefer the second option, called the our achieving the benefits of Health Level 7 Individual Case Safety II. Description of the Proposed Rule Report (HL7 ICSR). The HL7 ICSR was standardized formats and quicker access A. How Would the Rule Address to MDR data. developed in conjunction with the HL7 standards organization to support the Submission of Reports in Electronic 1. What Are the Options for Electronic exchange of electronic data. This option Format? Reporting? allows for the extraction directly from This rule would revise § 803.12 to FDA’s Center for Devices and the reporter’s database of information to require that manufacturers, importers, Radiological Health (CDRH) has populate an MDR, production of the and user facilities submit postmarket established its MDR databases currently appropriate data output, and MDRs to the agency in an electronic to support two options for electronic transmission of the MDRs to the FDA format that FDA can process, review, submission of MDRs: One designed for ESG. The HL7 ICSR supports the batch and archive. Under the proposal, FDA low volume reporting and one designed submission of more than one individual will periodically issue information on

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file formats, preparation and 2. How Would the Reporting CFR part 11 and the agency guidance organization of files, media, method of Requirements for Importers Change document, ‘‘Guidance for Industry: Part transmission, and other relevant With Respect to Electronic Format? 11, Electronic Records; Electronic technological specifications for The proposed rule amends § 803.40(a) Signatures—Scope and Application,’’ providing reports in an electronic to require submission to FDA of available at http://www.fda.gov/ downloads/Drugs/GuidanceCompliance format that FDA can process, review, information required by § 803.42 in RegulatoryInformation/Guidances/ and archive. Proposed new § 803.23 electronic format in accordance with ucm072322.pdf5667fnl.pdf.). FDA is would direct reporters to the agency’s § 803.12(a). The proposed electronic also proposing to add § 803.18(b)(1)(iii) Web site to find the most updated format requirement does not extend to to require the retention of all relevant information. Reports between importer reports submitted to device acknowledgments FDA sends the manufacturers, importers, and user manufacturers, which may be in any manufacturer, importer, or user facility facilities would not be subject to the format that the recipient can read. requirement of submission in electronic when reports are submitted in electronic format, and may be in any format the 3. How Would the Reporting format, which will indicate the timing recipient can read. Requirements for User Facilities Change and success of submission. With Respect to Electronic Format, and The rule would make conforming B. How Would I Submit MDRs in How Would Annual Report Electronic Format? changes throughout part 803 to reflect Requirements be Affected? the proposed requirement to submit As noted previously, if the proposed reports to FDA in electronic format. The proposed rule amends § 803.30(a) rule is finalized, manufacturers, These changes include removing to require submission to FDA of importers, and user facilities will be § 803.11, which currently addresses information required by § 803.32 in required to submit most MDRs to the obtaining paper forms, and removing electronic format in accordance with agency in an electronic format that FDA § 803.14, which currently provides for § 803.12(a). The amendment does not can process, review, and archive. In voluntary electronic submission of impose mandatory electronic format order to best accommodate reports with FDA consent. The proposal requirements on user facility reports technological changes, FDA expects to would amend § 803.19, which already submitted to device manufacturers, issue information on how to prepare addresses exemptions or variances from which may be provided in any format and submit MDRs to the agency in a any of the requirements of part 803, to the recipient can read. way that would satisfy the requirements specifically address exemption or The proposed rule also makes certain of this proposed rule. The most specific variance from the requirement to submit changes to § 803.33, addressing user and updated information about how to reports to FDA in electronic format. facility annual reports. Under the create, format, and transmit reports, Other changes include removing proposed rule, user facilities will using the CeSub software (designed for references to ‘‘electronic equivalent[s] continue to submit annual reports on low volume reporting) or the HL7 ICSR approved under § 803.14’’ from the paper FDA Form 3419. Because the (designed for high volume reporting), is §§ 803.13, 803.30, 803.33, 803.40, and proposal to require submission of provided on the agency’s Web site, at 803.53, and updating wording in individual adverse events reports in the address provided in proposed § 803.20 and 803.56 to be more electronic format calls for amendments § 803.23. The agency will make every consistent with the fact that reports will to § 803.12 and for removal of §§ 803.11 effort to maintain backwards not be submitted on paper (and thus, for (indicating how to obtain paper forms) compatibility when implementing example, would no longer have a front and 803.14 (addressing voluntary changes to the systems and formats for and back). electronic submissions), FDA is electronic submission. When backwards proposing to amend § 803.33 to specify compatibility is not possible, the agency If this proposed rule becomes final, where to obtain the FDA Form 3419, will provide public notice with a manufacturers, importers, and user where to submit completed reports duration commensurate with the facilities would be required to begin under that section, and to remove complexity of the change. submitting medical device reports to the references to § 803.14. agency in electronic format no later than C. How Can a Medical Device 1 year from the date of publication of a 4. How Would the Requirement to Manufacturer, Importer, or User Facility final rule. After the effective date, the Submit Reports in Electronic Format Obtain a Variance Regarding the agency would not accept MDRs Affect Recordkeeping Requirements? Requirement to Submit a Report in submitted on paper copies of the FDA Section 803.18 of the regulation Electronic Format? Form 3500A, or in electronic formats addresses requirements for establishing Under proposed § 803.19, a other than those identified as ones that and maintaining MDR files or records manufacturer, importer, or user facility FDA can process, review, and archive in for manufacturers, user facilities, and may submit a written request to FDA information provided in conjunction importers. FDA is proposing to amend seeking a variance of the § 803.12 with this rule, unless the agency had § 803.18(b)(ii) to require that MDR files requirement to submit reports to the granted an exemption or variance as contain copies of all reports submitted agency in an electronic format that the provided for in § 803.19. under part 803, whether paper or agency can process, review, and archive. 1. How Would the Reporting electronic. As under the current Written requests must contain the Requirements for Manufacturers Change regulations, under the proposal, reason(s) why the reporting entity With Respect to Electronic Format? regulated entities may choose to requires a variance and for how long the maintain required records either in hard variance is needed. FDA anticipates The rule would amend §§ 803.50(a), copy, by printing out reports submitted receiving few variance requests because 803.53, and 803.56 to require in electronic format, or in electronic of the availability of the Internet and the submission of information required by form. (For information regarding FDA’s commercial availability of digital §§ 803.52, 803.53, and 803.56 in current thinking and enforcement policy certificates as well as FDA’s free CeSub electronic format in accordance with with regard to requirements for Internet software. Under the proposal, if § 803.12(a). maintaining electronic records, see 21 FDA grants a variance, the

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manufacturer, importer, or user facility event reports for medical devices device reporting under part 803, which would be required to submit MDRs as derives from 21 U.S.C. 352, 360, 360i, includes medical device manufacturers, specified by FDA in the letter 360j, 371, and 374. device importers, and user facilities. authorizing the variance. The proposed rule is part of a greater IV. Is There an Environmental Impact? agency initiative to adopt electronic D. What Other Changes Are Being The agency has determined under 21 technologies to improve the quality of Proposed? CFR 25.30(h) that this action is of a type our operations and increase the The proposed rule would also codify that does not individually or efficiency of our resources. The rule the following modifications: cumulatively have a significant effect on would reduce FDA’s current costs 1. FDA proposes to remove the the human environment. Therefore, associated with processing medical definition of ‘‘Five-day report’’ in neither an environmental assessment device reports (or MDRs) that are § 803.3, which merely referred to a nor an environmental impact statement received on the paper FDA Form 3500A. report submitted under § 803.53 (the is required. By receiving MDRs electronically, FDA only provision of the regulation in V. Analysis of Impacts would be able to access the adverse which the term appears), using the FDA event information more quickly and also Form 3500A or ‘‘an electronic FDA has examined the impacts of the eliminate potential data entry errors that equivalent approved under § 803.14.’’ proposed rule under Executive Order could occur during input transcription Because this definition is not necessary, 12866 and the Regulatory Flexibility Act of the information from the paper FDA FDA proposes to remove it. (5 U.S.C. 601–612), and the Unfunded Form 3500A reports into our electronic 2. FDA proposes to amend §§ 803.32, Mandates Reform Act of 1995 (Public medical device adverse event reporting 803.42, and 803.52 to make minor Law 104–4). Executive Order 12866 database. wording changes and corrections to directs agencies to assess all costs and After considering various alternatives, these sections to reflect modifications benefits of available regulatory FDA determined that without this already made to FDA Form 3500A and alternatives and, when regulation is regulation, the agency will need to its instructions, with OMB approval necessary, to select regulatory maintain adequate resources to continue under the PRA. For example, section approaches that maximize net benefits to convert paper 3500A MDRs to 303 of the Medical Device User Fee and (including potential economic, electronic MDR records until all Modernization Act of 2002 (Public Law environmental, public health and safety, manufacturers, importers, and user 107–250) required FDA to modify the and other advantages; distributive facilities voluntarily adopted the forms to facilitate reporting of MDRs impacts; and equity). This proposed rule proposed electronic submission format, involving single-use devices that have has been determined to be a significant possibly years in the future. regulatory action. been reprocessed for reuse (see 69 FR A. Benefits 7491, February 17, 2004). FDA is The Regulatory Flexibility Act proposing to amend §§ 803.32, 803.42, requires agencies to analyze regulatory The major benefit of this proposed and 803.52 to reflect the addition to the options that would minimize any rule would be to public health because FDA Form 3500A of these two questions significant impact of a rule on small the agency would have quicker access to concerning whether the device is a entities. Because we lack information on the medical device adverse event single use device that has been the electronic submission capabilities of reports information and thus could reprocessed and reused on a patient and all the firms potentially affected by this more quickly identify and act on any the name and address of the proposed rule we have not proposed to medical device problems. Currently, reprocessor. certify that the proposed rule would not FDA receives 100,000 initial MDRs FDA is also proposing to change have a significant economic impact on annually on the paper FDA Form §§ 803.32(b)(4), 803.42(b)(4), and a substantial number of small entities. 3500A, which are manually entered into 803.52(b)(4) from ‘‘date of report by the We request commenters to submit such the FDA database. FDA receives an initial reporter’’ to ‘‘date of this report.’’ information in their comments. additional 110,000 supplemental reports This change would make part 803 Section 202(a) of the Unfunded each year that are also submitted on the consistent with the way that other FDA Mandates Reform Act of 1995 requires paper FDA Form 3500A and need to be Centers interpret FDA Form 3500A, that agencies prepare a written processed and entered into the FDA Block B4 and how Block B4 appears on statement, which includes an database. It can take from 3 days to more FDA Form 3500A. Finally, FDA is also assessment of anticipated costs and than 6 months before an MDR submitted proposing to make other minor updates benefits, before proposing ‘‘any rule that on a paper copy of the FDA Form 3500A to §§ 803.32(c), 803.42(c), and 803.52(c) includes any Federal mandate that may may be available for analysis in the and (e) to reflect the changes already result in the expenditure by State, local, Manufacturer and User Device made to the forms and instructions, and tribal governments, in the aggregate, Experience database (MAUDE). With a including a reference to the product or by the private sector, of $100,000,000 standardized electronic format, medical code and PMA/510(k) number. or more (adjusted annually for inflation) device reports would become available in any one year.’’ The current threshold for analysis as soon as they are E. When Would the Rule Become after adjustment for inflation is $133 processed into MAUDE. With a Effective? million, using the most current (2008) reduction in the time to manually enter FDA proposes that any final rule that Implicit Price Deflator for the Gross the MDRs into the MAUDE database, issues based on this proposal become Domestic Product. FDA does not expect analysis and action, including feedback effective 1 year after the date the final this proposed rule to result in any 1- to manufacturers and consumers, could rule publishes in the Federal Register. year expenditure that will meet or be taken sooner with a corresponding exceed this amount. benefit to public health. III. What Is the Legal Authority for This The purpose of this proposed rule is The public health benefits would be Rule? to require the submission of MDRs in an supplemented with operating cost FDA’s legal authority to amend its electronic format the agency can reductions within FDA. Assuming the regulations governing the submission of process, review, and archive. It would number of MDRs remains fairly constant postmarket medical device adverse affect all persons subject to medical over time, electronic reporting would

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save the agency about $1.25 million B. Costs 2002 U.S. Economic Census that would annually in data entry costs, which is be affected by the proposed rule (for a about one-half of our current data entry There are about 18,000 medical total of 56,500 manufacturers, contract. device manufacturers and importers importers, and user facilities) (Census, identified in FDA’s medical device 2002). Table 1 shows the estimated registration database and approximately numbers of firms and establishments in 38,500 user facilities identified in the the affected industries.

TABLE 1.—AFFECTED FIRMS AND ESTABLISHMENTS

North American Industry Classification System (NAICS) Code Description No. of Firms No. of Establishments

Various Devices 18,000 8,000

622 Hospitals 3,800 6,342

6231 Nursing care facilities 7,826 15,480

6214 Outpatient care centers 11,125 23,912

6215 Medical and diagnostic laboratories 5,736 9,844

6216 Home health care services 9,987 15,016

Total 56,474 88,594

The incremental cost of changing to remaining 45 percent would require probably choose to hire an outside electronic submissions for each affected about 2 hours.1 The estimated one-time contractor for the installation and its entity would vary by the size, type, and incremental cost for updating SOPs, validation. corporate structure of the firm, as well assuming an average wage rate of $52 We do not have data on the amount as by its current electronic submission per hour,2 (Bureau of Labor Statistics of time required to install and validate capability. The total costs associated (BLS), 2006) is about $34.1 million the installation of the software or the with this proposed rule would include [((18,000 medical device manufacturers percentage of entities that might need to one-time set-up costs and annual and importers + 6,300 hospitals) x 10 contract out the installation. For this operating costs. hours) + ((0.45 x 2 hours + 0.55 x 10 analysis, we assumed it would take an entity 8 to 16 hours to install and 1. One-Time Costs hours) x 64,500 other user facilities) x $52/hour]. validate the installation of CDRH’s One-time costs would be the sum of b. Setting up systems for submission. CeSub software and install, if necessary, the costs of: Java Runtime Edition software and Java • MDRs would be submitted through the Rewriting standard operating FDA ESG using one of two methods: security policy files for their Internet procedures (SOPs) and training the The CDRH CeSub software or the HL7 browser. This estimate also includes the appropriate personnel, ICSR. Because most entities are small time required to notify FDA, run a test • Installing and validating either the and submit few if any MDRs annually, submission through the FDA ESG, and installation of CDRH’s CeSub Web we assume they would probably use the to train the appropriate staff to use the interface software or the programming CDRH CeSub software, which allows for new program. We are also assuming that and configuration of a computer system the submission of one MDR at a time. To almost all medical device to transmit reports directly to the FDA comply using this submission method, manufacturers, importers, and all user ESG using the HL7 ICSR, and facilities would use this method to • manufacturers, importers, and user Acquiring the electronic digital submit MDRs. Using an average wage of certificate required by the FDA ESG. facilities would need high-speed Internet connections and would have to $46.50 for computer and mathematical a. Rewriting SOPs and training 3 download and install up to three free occupations (BLS 2006), we estimate personnel. All entities affected would the cost to install and use the software need to update their SOPs to include the software programs, validate the installation, and train the appropriate to be between $21.0 million and $41.7 electronic submission requirement. For million [(8 hours x $46.50 wage) x medical device manufacturers, personnel on the new procedures. Entities that have dedicated information (38,500 user facilities + 18,000 importers, and hospitals, we estimate manufacturers and importers) to (16 that it would require about 10 hours to technology (IT) staff would be able to install and validate the installation hours x $46.50 wage) x (38,500 user make the modifications and train the facilities + 18,000 manufacturers and appropriate people on the new themselves. Smaller manufacturers, importers, and user entities would importers)]. procedures. For the other user facilities, Entities that submit a large number of we assume that the corporate or regional MDRs each year may choose to use the offices would have the major 1 Percentages are based on the ratio of firms to establishments from 2002 Census of Manufactures HL7 ICSR method to submit the reports. responsibility for medical device data. reporting and thus the SOPs for these 2 $52 per hour wage is based on BLS 3 BLS Occupation Employment and Wages, May individual entities would require less Occupational Employment and Wages, May 2006, 2006, by occupation, for all industries (http:// time to modify. For this analysis we for Medical and Health Service Managers, Standard www.bls.gov). Wage ($46.50) includes mean hourly Occupational Classification 11–19111. Forty wage of $33.22 for Standard Occupational estimated that 55 percent of the other percent was added to the mean hourly wage of Classification 15–0000, computer and mathematics user facilities would require about 10 $37.09 to account for benefits and the total was occupations, all industries; we add 40 percent to hours to modify their SOPs and the rounded to the nearest whole number. account for benefits.

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This method allows for the batch entities) and ($46.50 x 50 hours) x 85 and user facilities affected by this submission of multiple MDRs at faster entities)]. proposed rule may have to hire outside transmission rates. We do not know at c. Electronic certificates. All entities expertise to install and validate the what threshold of reporting it becomes would need an electronic certificate to software installation to comply with the cost effective for an entity to submit submit any electronic regulatory proposed requirements. medical device reports using this document to the FDA ESG. The Table 2 summarizes the estimated method. An analysis of FDA submission electronic certificate identifies the data for a 6-year period indicated that sender and serves as an electronic one-time costs by type of cost for this about 20 large medical device signature. Entities that have not proposed rule by cost and type of manufacturers submit 500 or more submitted any electronic documents to manufacturers, importers, and user MDRs each year and about 85 submit the agency would incur a one-time cost entities. The estimate of the total one- close to 100 medical device reports per to acquire the certificate and recurring time costs for all manufacturers, year. We assumed that the actual costs to keep the certificate active as a importers, and user facilities ranges number of entities using the HL7 ICSR result of this proposed rule. The from $58.6 million to $79.7 million. would fall somewhere within this range certificates cost about $20 and are valid Much of the cost involves acquiring the (20 to 85). We also assumed that only for 1 year. We assume that the search electronic certificate for the capability to entities that have existing infrastructure and transactions costs involved in the submit any regulatory document to the to support HL7 ICSR transmissions initial acquisition of the certificate FDA, including installation and would choose this method to submit doubles the cost of the certificate to a validation of the CeSub software or to MDRs. We estimated that it would take total of $40 for the first year, half of establish HL7 ICSR capabilities. about 50 hours to set up their gateway which would be setup costs. If all Therefore, manufacturers, importers, to be compatible with the agency’s entities needed to acquire electronic and user facilities that are not already system. Using the wage $46.50, the one- certificates, the one-time search and making electronic submissions of any time cost for establishing HL7 ICSR acquisition costs would be $1.1 million kind to the agency if this proposed rule submission capabilities would range ($20 acquisition cost x 56,500 entities). becomes final would incur these total between $50 thousand and $200 In addition to the costs we have costs. thousand [($46.50 x 50 hours) x 20 estimated, manufacturers, importers,

TABLE 2.—SUMMARY OF ONE-TIME COSTS BY INDUSTRY ($ MILLION)

Install and validate CeSub Gateway to gateway Total Modifying software Acquiring e- Industry SOPs certificate low high low high low high

Medical Device 9 .4 6 .7 13 .4 0.05 0.2 0.4 16 .6 23 .4

User Facility 26.9 14 .3 28 .6 0.8 42 .0 56 .3

Total 36 .3 21 .0 42.0 0.05 0 .2 1 .2 58 .6 79 .7

Annualized at 3 percent over 10 years 6 .9 9 .3

Annualized at 7 percent over 10 years 8 .3 11 .4

2. Annual Costs facilities need to acquire electronic increase in cost for high speed Internet The annual costs of this proposed rule certificates, the annual cost would be access for the remaining 25 percent of would include the costs of: $1.7 million ($30 acquisition certificate the entities would be $6.8 million (($40 • Maintaining certificates and renewal and acquisition cost x 56,500 x 12 months) x (0.25 x (18,000 • High-speed Internet access. entities). manufacturers and importers + 38,500 a. Maintaining electronic certificates. b. High-speed Internet access. Entities user facilities))). Manufacturers, importers, and user would also need high-speed Internet Table 3 shows the annual costs of the facilities would bear the cost to access to use either of the submission proposed rule. As with the one-time maintain the electronic certificate that methods. A 2004 study of small costs, only entities not making identifies the sender. In addition to businesses sponsored by the Small electronic regulatory document having to renew the certificate on a Business Administration (SBA) found submissions of any kind to the agency regular basis, those entities who have that essentially all small firms had if this proposed rule becomes final not submitted MDRs would also have to Internet access and about 50 percent would incur all these costs. There ensure they are capable of transmitting had high-speed Internet access (Pociask, would be no change in the actual time electronic MDRs to FDA should such a 2004). The average cost of high speed required to research and prepare the report submission be necessary. To add access was about $40 per month more MDRs, nor would there be any these costs to the cost of the certificate than dial-up access. Because the average additional reporting requirements as a itself, we assume that entities would cost of Internet access has been going result of this proposed rule. incur an additional annually recurring down over time, we estimate that by the Manufacturers, importers, and user cost equal to one-half the price of the time this proposed rule would be made facilities that maintain paper FDA Form certificate ($10), for a total annually final, about 75 percent of device and 3500A records for their internal MDR recurring cost of $30. If all user facilities would have high speed files own use could still do so under the manufacturers, importers, and user access. The average annual recurring proposed rule.

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TABLE 3.—SUMMARY OF ANNUAL COSTS BY INDUSTRY ($ MILLION)

Acquiring electronic High-speed Internet Industry certificate access Total

Medical Device 0 .5 2 .2

User Facility 1.2 4.6

Total 1.7 6.8 8.5

Cost savings: We estimate a modest for a long period of time, we would not classified as small and have a weighted industry savings of about $3.2 million attain the benefits of standardized average revenue of about $3.3 million.5 annually because electronic submission formats and quicker access to medical However, very few user facilities submit should reduce the time it takes to device adverse event data. The FDA, for MDRs in any given year. While this submit documents. It should be noted example, would have to maintain proposed rule will now require those that the savings accumulate to firms contracts to handle the input of reports submitted to the agency to be in submitting MDRs; firms that submit information from both written and electronic format, the content of a report very few or no MDRs would not realize electronic MDRs. A voluntary system, is not being changed from that already any savings. therefore, would fail to achieve the goals addressed on the current FDA Form of this proposed rule. 3500A. The average costs for these C. Summary of Benefits and Costs Another alternative was to allow manufacturers, importers, and user The principal benefit of this proposed small entities more time to comply with facilities are listed in table 4. The rule would be the public health benefits the electronic submission requirements. average total annualized cost per small associated with more rapid processing This alternative would allow small entity, assuming a 7-percent discount and analysis of the 100,000 initial entities to delay compliance. Under this rate over 10 years, would range from individual MDRs currently submitted to alternative, we would not receive the $581 to $693; at a 3-percent discount FDA on a paper FDA Form 3500A. In full data-entry savings from requiring rate, average annualized costs would addition, requiring electronic electronic submissions or all the range from $568 to $661. These costs submission of MDRs is expected to benefits of quicker access to these represent less than 0.1 percent of reduce FDA annual operating costs by reports. Because so many device revenues for medical device firms and $1.25 million and generate industry companies are small entities, this less than 0.1 percent of revenues for savings of about $3.2 million. approach would significantly postpone user facilities. The total one-time cost for modifying the benefits the rule is intended to We considered two possible SOPs and establishing electronic confer. Moreover, as shown in the alternatives for regulatory relief for submission capabilities is estimated to following section, the estimated small businesses. As described above, range from $58.6 million to $79.7 incremental costs per small entity from one regulatory alternative would be million. Annually recurring costs the proposed rule are small, so the cost longer compliance times for small totaled $8.5 million and include reduction per small entity from delayed entities. We would not receive the full maintenance of electronic submission compliance would also be small. data-entry savings from requiring capabilities, including renewing the E. Regulatory Flexibility Analysis electronic submissions or all the electronic certificate, and for some benefits of quicker access to these The SBA defines a small medical entities the incremental cost to maintain reports. Because so many device device manufacturer as having fewer high-speed Internet access. The total companies are small entities, this than 500 employees. Based on data from annualized cost of the proposed rule, U.S. Census, about 98 percent of device approach would significantly postpone assuming a 7-percent discount rate over firms affected by this proposed rule are the benefits the rule is intended to 10 years, would be from $16.8 million considered small entities, and have an confer. Moreover, as shown above, the to $19.9 million ($15.4 million to $17.8 average value of shipments of about $9.0 estimated incremental costs per small million at a 3-percent discount rate). We million.4 Businesses in the health care entity from the proposed rule are small, request comment on the accuracy and industry are classified as small if their so the cost reduction per small entity completeness of the assumptions used revenues are below a certain level. from delayed compliance would also be to estimate the costs of this proposed Hospitals are small if their total revenue small. rule. For example, we invite comment falls below $25 million and the other In addition, we considered proposing on our use of a 10-year time horizon and user facilities are considered small if a waiver to the electronic submission whether a shorter or a longer horizon their revenues are below $10 million. requirement for small firms that can would be more appropriate to express U.S. Census data indicates that about 87 demonstrate an economic hardship. the social costs of this proposed rule. percent of the user facilities are Because the estimated incremental costs per small entity from the proposed rule D. Alternatives Considered 4 U.S. Census Bureau, 2002 Economic Census, are small, the cost reduction per small During the development of this Manufacturing Industry Series, Industry Statistics entity from a waiver would also be proposed rule, we considered a number by Employment Size for NAICS codes: 334510, small. of alternative approaches. The first was 339112, 339113, 339114, and 339115 We ask for comments on both of these (www.census.gov). to allow manufacturers, importers, and 5 U.S. Census Bureau, 2002 Economic Census, options for regulatory relief for small user facilities to voluntarily submit Release Date 11/22/2005, Sector 62: Health Care entities. MDRs electronically. Because our and Social Assistance: Subject Series— While the estimated costs per affected experience has shown that a number of Establishment and Firm Size: Receipts/Revenue entity are low, FDA does not have Size the United States for NAICS 622, 6231, 6214, medical device firms and user facilities 6215, and 6216 accessed via American Fact Finder adequate information on the electronic would resist changing their procedures (www.census.gov). capabilities of all of the firms affected

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by this proposed rule and has made we do not propose to certify that this substantial number of small entities. many assumptions to derive these proposed rule would not have a FDA requests comment on this issue. estimate used in this analysis, therefore significant economic impact on a

TABLE 4.—INCREMENTAL COMPLIANCE COSTS PER SMALL ENTITY

One-Time Total Costs Annually Annualized Recurring low high low high

Rewriting SOPs 104 520

Software Installation and validation of installation 372 744

Acquiring Electronic Certificate 40

Maintaining submission capabilities 30

Upgrade Internet Access 480

7 percent discount rate 581 693

3 percent discount rate 568 661

VI. Paperwork Reduction Act of 1995 from these requirements. FDA is also as soon as practicable but not later than This proposed rule contains proposing to amend §§ 803.32, 803.42, 10 working days after becoming aware information collection provisions that and 803.52 to make minor wording of the information, report the are subject to review by OMB under the changes and corrections to these information to the Secretary and, if the PRA (44 U.S.C. 3501–3520). A sections to reflect modifications already identity of the manufacturer is known, description of these provisions is given made to FDA Form 3500A and its to the manufacturer of the device.’’ in this document with an estimate of the instructions. Manufacturers, importer, Section 519(b)(1)(B) of the act requires annual reporting and recordkeeping and user facilities are currently ‘‘whenever a device user facility burden. Included in the estimate is the submitting paper MDR reports on FDA receives or otherwise becomes aware of: time for reviewing instructions, Form 3500A. The existing information (i) information that reasonably suggests searching existing data sources, collection for part 803 is approved that a device has or may have caused or gathering and maintaining the data under OMB control number 0910–0437. contributed to the serious illness of, or needed, and completing and reviewing The changes to the burden associated serious injury to, a patient of the facility each collection of information. with this proposed rule are described * * *, shall, as soon as practicable but FDA invites comments on these below and have been sent to OMB as a not later than 10 working days after topics: (1) Whether the proposed revision to OMB control number 0910– becoming aware of the information, collection of information is necessary 0437 for review under section 307(d) of report the information to the for the proper performance of FDA’s the PRA. manufacturer of the device or to the functions, including whether the Section 519(a)(1) of the act (21 U.S.C. Secretary if the identity of the information will have practical utility; 360i(a)(1)) requires every manufacturer manufacturer is not known.’’ (2) the accuracy of FDA’s estimate of the or importer to report ‘‘whenever the Complete, accurate, and timely burden of the proposed collection of manufacturer or importer receives or adverse event information is necessary information, including the validity of otherwise becomes aware of information for the identification of emerging device the methodology and assumptions used; that reasonably suggests that one of its problems so the agency can protect the (3) ways to enhance the quality, utility, marketed devices— public health under section 519 of the and clarity of the information to be (A) may have caused or contributed to act. FDA is requesting approval for the collected; and (4) ways to minimize the a death or serious injury, or information collection requirements burden of the collection of information (B) has malfunctioned and that such contained in part 803. on respondents, including through the device or a similar device marketed by Description of Respondents: use of automated collection techniques, the manufacturer or importer would be Manufacturers and importers of medical when appropriate, and other forms of likely to cause or contribute to a death devices and device user facilities. information technology. or serious injury if the malfunction were Device user facility means a hospital, Title: Medical Device Reporting to recur * * *’’ ambulatory surgical facility, nursing Description: In accordance with the Section 519(b)(1)(A) of the act home, outpatient diagnostic facility, or proposed Medical Device Reporting requires ‘‘whenever a device user outpatient treatment facility as defined regulation, medical device facility receives or otherwise becomes in § 803.3, which is not a physician’s manufacturers, importers, and user aware of information that reasonably office (also defined in § 803.3). facilities would be required to submit suggests that a device has or may have The total annual estimated burden MDRs to FDA, to maintain records, and caused or contributed to the death of a imposed by this collection of may also seek exemption or variance patient of the facility, the facility shall, information is 21,525 hours annually.

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TABLE 5.—ESTIMATED ANNUAL REPORTING BURDEN

21 CFR FDA No. of Annual Frequency Total Annual Hours per Total Section Form No. Respondents Per Response Responses Response Hours

803.19 55 4 220 1 220

803.30 and 809.32 411 2 822 0.33 271

803.33 3419 411 1 411 1 411

803.40 and 803.42 44 20 880 0.33 290

803.50 and 803.52 1,304 58 75,632 0.11 8,248

803.56 1,200 48 57,600 0.10 5,760

Total 15,200

TABLE 6.—ESTIMATED ANNUAL RECORDKEEPING BURDEN

21 CFR No. of Frequency per Total Annual Hours per Section Respondents Recordkeeping Records Record Total Hours

803.17 1,677 1 1,677 3.3 5,534

803.18 (a) to (d) 527 1 527 1 .5 791

Total 2,204 2,204 6,325

The approved MDR reporting and for the burden decrease is provided submission will neither increase nor recordkeeping burden for paper below. decrease burden associated with submissions is 138,271 hours. This A. Reporting Requirements § 803.33, which we estimate will take 1 proposed rule reporting and hour. We believe § 803.19 will take 1 recordkeeping burden for electronic The number of respondents for each hour, while §§ 803.30, 803.32, 803.40, submissions is 21,525 hours, a decrease Code of Federal Regulations (CFR) and 803.42 will take 20 minutes. section in table 5 is based upon the of 123,071 hours. Based on an average Sections 803.50 and 803.52 will take 7 number of respondents entered into wage rate of $46.50 per hour, the total minutes. Section 803.56 will take 6 FDA’s internal databases. FDA estimates cost to respondents associated with that electronic submission will decrease minutes. The following table these reporting and recordkeeping the burden associated with §§ 803.19, summarizes our burden estimates and burdens is $1,000,913. An explanation 803.30, 803.32, 803.40, 803.50, 803.52, how we believe they will change due to and 803.56. We believe electronic electronic submission.

TABLE 7.—ESTIMATED REPORTING BURDEN PROGRAM CHANGE

Hours per response Hours per response 21 CFR Section under current paper as result of electronic Burden Change submission process submission

803.19 3 1 Reduction (2 hours)

803.30 and 809.32 1 0.33 Reduction (.66 hours)

803.33 1 1 no change

803.40 and 803.42 1 0.33 Reduction (.66 hours)

803.50 and 803.52 1 0.11 Reduction (.89 hours)

803.56 1 0 .10 Reduction (.90 hours)

As previously described, there are two B. Recordkeeping Requirements importers have already established reporting options. The first one is CeSub written procedures to document for low volume reporters and the second The number of respondents for each complaints and information to meet the one is HL7 ICSR for high volume CFR section in table 6 is based upon the MDR requirements as part of their reporters. We are basing our hours per number of respondents entered into internal quality control system. The response for both systems on FDA’s FDA’s internal databases. The agency following table summarizes our burden experience using the two options. believes that the majority of estimates and how we believe they will manufacturers, user facilities, and change due to electronic submission.

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TABLE 8.—ESTIMATED RECORDKEEPING BURDEN PROGRAM CHANGE

Hours per response Hours per response 21 CFR Section under current paper as result of electronic Burden Change submission process submission

803.17 10 3.3 Reduction (7.7 hours)

803.18 (a) to (d) 1.5 1.5 No change

C. Total Annual Cost Burden heading of this document. Received review, and archive. FDA will provide As stated earlier, the cost to comments may be seen in the Division and update information on how to respondents for these reporting and of Dockets Management between 9 a.m. provide the electronic submission (e.g., recordkeeping requirements is and 4 p.m., Monday through Friday. preparation and organization of files, file formats, media and method of $1,000,913. In addition, the conversion IX. References from paper to electronic submissions transmission). The following references have been will result in capital costs, both one- (b) If you are confronted with a public placed on display in the Division of time costs as well as annual costs, as health emergency, this can be brought to Dockets Management (see ADDRESSES) discussed earlier in this proposed rule FDA’s attention by contacting the FDA and may be seen by interested persons in the economic analysis. One-time Office of Emergency Operations (HFA– between 9 a.m. and 4 p.m., Monday capital costs include the cost to modify 615), Office of Crisis Management, through Friday. (FDA has verified the reporting systems, installing and Office of the Commissioner, at 301–443– Web site addresses, but is not validating CeSub software, installing 1240, followed by the submission of an responsible for any subsequent changes gateway to gateway submission e-mail to to the Web site after this document capabilities, and acquiring e-certificates [email protected]. publishes in the Federal Register.) and have been estimated to range from Note: This action does not satisfy your 1. U.S. Census Bureau, 2002 Economic obligation to report under part 803. a low of $58.6 million to a high of $79.7 Census Industry Series: NAICS Code 62, million. Once the procedures have been Health Care and Social Assistance (http:// (c) You may submit a voluntary modified, there is an operating and www.census.gov). Total is the sum of firms in telephone report to the MEDWATCH maintenance cost to renew the digital NAICS 622, 6231, 6214, 6215, and 6216. office at 800–FDA–1088. You may also certificate and maintain high-speed 2. BLS Occupational Employment and obtain information regarding voluntary internet access, which have been Wages May 2005 for Medical and Health reporting from the MEDWATCH office estimated cost $8.5 million each year. Service Managers, Standard Occupational at 800–FDA–1088. You may also find Classification, 11–19111. Burden estimates are based on reports the voluntary MEDWATCH 3500 form 3. Pociask, Steven, A Survey of Small and instructions to complete it at http:// processed between July 1, 2005, and Businesses’ Telecommunications Use and June 30, 2006, with the existing medical Spending, SBA Office of Advocacy contract www.fda.gov/Safety/MedWatch/ device adverse event reporting program. number SBA–HQ–02–M–0493, March 2004. HowToReport/DownloadForms/ In compliance with the PRA, the default.htm. agency has submitted the information List of Subjects in 21 CFR Part 803 5. Revise § 803.13 to read as follows: collection provisions of this proposed Imports, Medical devices, Reporting § 803.13 Do I need to submit reports in rule to OMB for review. Interested and recordkeeping requirements. English? persons are requested to send comments Therefore, under the Federal Food, regarding information collection to Drug, and Cosmetic Act and under Yes. You must submit all reports OMB (see the DATES and ADDRESSES authority delegated to the Commissioner required by this part in English. sections of this document). of Food and Drugs, FDA proposes to § 803.14 [Removed] amend part 803 to read as follows: VII. Federalism 6. Remove § 803.14. FDA has analyzed this proposed rule PART 803—MEDICAL DEVICE 7. Amend § 803.18 by revising in accordance with the principles set REPORTING paragraph (b)(1)(ii) and adding forth in Executive Order 13132. FDA paragraph (b)(1)(iii) to read as follows: has determined that this rule does not 1. The authority citation for 21 CFR part 803 continues to read as follows: § 803.18 What are the requirements for contain policies that have federalism establishing and maintaining MDR files or implications as defined in the order Authority: 21 U.S.C. 352, 360, 360i, 360j, records that apply to me? 371, 374. and, consequently, a federalism * * * * * summary impact statement is not § 803.3 [Amended] (b)(1) * * * required. 2. Amend § 803.3 by removing the (ii) Copies of all reports submitted VIII. Request for Comments definition for ‘‘Five-day report’’. under this part (whether paper or electronic), and of all other information Interested persons may submit to the § 803.11 [Removed] Division of Dockets Management (see related to the event that you submitted 3. Remove § 803.11. to us or other entities such as an ADDRESSES) written or electronic 4. Revise § 803.12 to read as follows: comments regarding this document. importer, distributor, or manufacturer. Submit a single copy of electronic § 803.12 How do I submit reports and (iii) Copies of all electronic comments or two paper copies of any supplements? acknowledgments FDA sends you in mailed comments, except that (a) Manufacturers, user facilities, and response to your electronic submissions. individuals may submit one paper copy. importers must submit initial and * * * * * Comments are to be identified with the supplemental reports to FDA in an 8. Amend § 803.19 by revising docket number found in brackets in the electronic format that FDA can process, paragraphs (b) and (e) to read as follows:

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§ 803.19 Are there exemptions, variances, information in your electronic (c) Device information (Form 3500A, or alternative forms of adverse event submission and include any corrected Block D). You must submit the reporting requirements? or missing information. following: * * * * * * * * * * (1) Brand name; (b) If you are a manufacturer, 10. Add § 803.23 to read as follows: (2) Product Code, if known, and importer, or user facility, you may Common Device Name; request an exemption or variance from § 803.23 Where can I find information on (3) Manufacturer name, city, and any or all of the reporting requirements how to prepare and submit an MDR in state; in this part, including the requirements electronic format? (4) Model number, catalog number, of § 803.12(a). You must submit the (a) You may obtain information on serial number, lot number, or other request to us in writing at the following how to prepare and submit reports in an identifying number, and expiration date; address: MDR Exemption Requests, electronic format that FDA can process, (5) Operator of the device (health Office of Surveillance and Biometrics review, and archive at http:// professional, lay user/ patient, other); (HFZ–530), 1350 Piccard Dr., Rockville, www.fda.gov/ForIndustry/FDA (6) Date of device implantation MD 20850. Your request must include eSubmitter/ucm107903.htm. (month, day, year), if applicable; information necessary to identify you (b) We may sometimes update (7) Date of device explantation and the device; a complete statement of information on how to prepare and (month, day, year), if applicable; the request for exemption, variance, or submit reports electronically. If we do (8) Whether the device is a single-use alternative reporting; and an make modifications, we will ensure that device that was reprocessed and reused explanation why your request is we alert reporters by updating the eMDR on a patient (Yes, No)? justified. If you are requesting a variance Web page. (9) If the device is a single-use device to the requirement to submit reports to 11. Amend § 803.30 by revising that was reprocessed and reused on a FDA in electronic format, under paragraphs (a)(1) and (a)(2) to read as patient (yes to paragraph (c)(8) of this § 803.12(a), your request should indicate follows: section), the name and address of the for how long you would require this reprocessor; variance. § 803.30 If I am a user facility, what (10) Whether the device was available reporting requirements apply to me? * * * * * for evaluation and whether the device (e) If we grant your request for a (a) * * * was returned to the manufacturer; if so, reporting modification, you must submit (1) Reports of death. You must submit the date it was returned to the any reports or information required in a report to us as soon as practicable but manufacturer; and our approval of the modification. The no more than 10 work days after the day (11) Concomitant medical products conditions of the approval will replace that you become aware of information, and therapy dates. (Do not report and supersede the regular reporting from any source, that reasonably products that were used to treat the requirement specified in this part until suggests that a device has or may have event.) such time that we revoke or modify the caused or contributed to the death of a * * * * * alternative reporting requirements in patient of your facility. You must also 13. Revise § 803.33 to read as follows: accordance with paragraph (d) of this submit the report to the device manufacturer, if known. You must § 803.33 If I am a user facility, what must section, or until the date specified in I include when I submit an annual report? our response granting your variance, at submit the information required by which time, the provisions of this part § 803.32. Reports sent to the agency (a) You must submit to us an annual will again apply. must be submitted in accordance with report on FDA Form 3419. You must 9. In § 803.20, revise paragraph (a), the requirements of § 803.12(a). submit an annual report by January 1, of redesignate paragraphs (b) and (c) as (2) Reports of serious injury. You each year. You may obtain this form paragraphs (c) and (d), and add new must submit a report to the from any of the following: paragraph (b) to read as follows: manufacturer of the device no later than (1) The Consolidated Forms and 10 work days after the day that you Publications Office, Beltsville Service § 803.20 How do I complete and submit an become aware of information, from any Center, 6351 Ammendale Rd., Landover, individual adverse event report? source, that reasonably suggests that a MD 20705; (a) If you are a health professional or device has or may have caused or (2) FDA, MEDWATCH (HF–2), 5600 consumer, you may submit voluntary contributed to a serious injury to a Fishers Lane, Rockville, MD 20857, reports to FDA regarding devices or patient of your facility. If the 301–827–7240; other FDA-regulated products using the manufacturer is not known, you must (3) Division of Small Manufacturers, FDA Form 3500. submit the report to us. You must report International, and Consumer Assistance, (b) A mandatory electronic information required by § 803.32. Office of Communication, Education, submission from a user facility, Reports sent to the agency must be and Radiation Programs, Center for importer, or manufacturer, must contain submitted in accordance with the Devices and Radiological Health (CDRH) the information from the applicable requirements of § 803.12(a). (HFZ–220), 1350 Piccard Dr., Rockville, blocks of FDA Form 3500A. All * * * * * MD 20850, by e-mail: electronic submissions must include 12. Amend § 803.32 by revising [email protected], or FAX: information about the patient, the event, paragraphs (b)(4) and (c) to read as 301–443–8818; or the device, and the ‘‘initial reporter.’’ follows: (4) On the Internet at http:// An electronic submission from a user www.fda.gov/Safety/MedWatch/How facility or importer must include the § 803.32 If I am a user facility, what ToReport/DownloadForms/default.htm. information from block F. An electronic information must I submit in my individual (b) You must clearly identify your submission from a manufacturer must adverse event reports? annual report as such. You must submit include the information from blocks G * * * * * your annual report to FDA, CDRH, and H. If you are a manufacturer and (b) * * * Medical Device Reporting, P.O. Box you receive a report from a user facility (4) Date of this report; 3002, Rockville, MD 20847–3002. Your or importer, you must incorporate that * * * * * annual report must include:

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(1) Your CMS provider number used receive or otherwise become aware of than 30 calendar days after the day that for medical device reports, or the information from any source, including you receive or otherwise become aware number assigned by us for reporting user facilities, individuals, or through of information, from any source, that purposes in accordance with § 803.3; your own research, testing, evaluation, reasonably suggests that a device that (2) Reporting year; servicing, or maintenance of one of your you market: (3) Your name and complete address; devices, that reasonably suggests that * * * * * (4) Total number of reports attached one of your devices has malfunctioned (b) * * * or summarized; and that this device or a similar device (3) You are also responsible for (5) Date of the annual report and that you market would be likely to cause conducting an investigation of each report numbers identifying the range of or contribute to a death or serious injury event and evaluating the cause of the medical device reports that you if the malfunction were to recur. You event. If you cannot submit complete submitted during the report period (e.g., must submit the information required information on a report, you must 1234567890–2007–0001 through 1000); by § 803.42. provide a statement explaining why this (6) Name, position title, and complete 15. Amend § 803.42 by revising information was incomplete and the address of the individual designated as paragraphs (b)(4) and (c) to read as steps you took to obtain the information. your contact person responsible for follows: If you later obtain any required reporting to us and whether that person § 803.42 If I am an importer, what information that was not available at the is a new contact for you; and time you filed your initial report, you (7) Information for each reportable information must I submit in my individual adverse event reports? must submit this information in a event that occurred during the annual * * * * * supplemental report under § 803.56 in reporting period including: accordance with the requirements of (i) Report number; (b) * * * (4) Date of this report; § 803.12(a). (ii) Name and address of the device 17. Amend § 803.52 by revising * * * * * manufacturer; paragraphs (b)(4), (c), and (e) to read as (iii) Device brand name and common (c) Device information (Form 3500A, follows: name; Block D). You must submit the (iv) Product model, catalog, serial and following: § 803.52 If I am a manufacturer, what lot number; (1) Brand name; information must I submit in my individual (v) A brief description of the event (2) Product Code, if known, and adverse event reports? reported to the manufacturer and/or us; Common Device Name; * * * * * and (3) Manufacturer name, city, and (b) * * * (vi) Where the report was submitted, state; (4) Date of this report; i.e., to the manufacturer, importer, or us. (4) Model number, catalog number, * * * * * (c) In lieu of submitting the serial number, lot number, or other (c) Device information (Form 3500A, information in paragraph (b)(7) of this identifying number, and expiration date; Block D). You must submit the (5) Operator of the device (health section, you may submit a copy of each following: professional, lay user/patient, other); medical device report that you (1) Brand name; (6) Date of device implantation submitted to the manufacturers and/or (2) Product code, if known, and (month, day, year), if applicable; to us during the reporting period. Common Device Name; (7) Date of device explantation (d) If you did not submit any medical (3) Manufacturer name, city, and (month, day, year), if applicable; device reports to manufacturers or us state; during the time period, you do not need (8) Whether the device is a single-use device that was reprocessed and reused (4) Model number, catalog number, to submit an annual report. serial number, lot number, or other 14. Revise § 803.40 to read as follows: on a patient (Yes, No)? (9) If the device is a single-use device identifying number, and expiration date; § 803.40 If I am an importer, what reporting that was reprocessed and reused on a (5) Operator of the device (health requirements apply to me? patient (yes to paragraph (c)(8) of this professional, lay user/patient, other); (a) Reports of deaths or serious section), the name and address of the (6) Date of device implantation injuries. You must submit a report to us, reprocessor; (month, day, year), if applicable; and a copy of this report to the (10) Whether the device was available (7) Date of device explantation manufacturer, as soon as practicable, for evaluation and whether the device (month, day, year), if applicable; but no later than 30 calendar days after was returned to the manufacturer; if so, (8) Whether the device is a single-use the day that you receive or otherwise the date it was returned to the device that was reprocessed and reused become aware of information from any manufacturer; and on a patient (Yes, No)? source, including user facilities, (11) Concomitant medical products (9) If the device is a single-use device individuals, or medical or scientific and therapy dates. (Do not report that was reprocessed and reused on a literature, whether published or products that were used to treat the patient (yes to paragraph (c)(8) of this unpublished, that reasonably suggests event.) section), the name and address of the that one of your marketed devices may reprocessor; * * * * * (10) Whether the device was available have caused or contributed to a death or 16. Amend § 803.50 by revising for evaluation and whether the device serious injury. You must submit the paragraph (a) introductory text and was returned to the manufacturer; if so, information required by § 803.42. paragraph (b)(3) to read as follows: Reports must be submitted in the date it was returned to the accordance with the requirements of § 803.50 If I am a manufacturer, what manufacturer; and § 803.12(a). reporting requirements apply to me? (11) Concomitant medical products (b) Reports of malfunctions. You must (a) If you are a manufacturer, you and therapy dates. (Do not report submit a report to the manufacturer as must report to us the information products that were used to treat the soon as practicable but no later than 30 required by § 803.52 in accordance with event.) calendar days after the day that you the requirements of § 803.12(a), no later * * * * *

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(e) Reporting information for all DEPARTMENT OF JUSTICE only. DEA will not accept any file manufacturers (Form 3500A, Block G). format other than those specifically You must submit the following: Drug Enforcement Administration listed here. (1) Your reporting office’s contact Please note that DEA is requesting 21 CFR Part 1308 name and address and device that electronic comments be submitted manufacturing site; [Docket No. DEA–331] before midnight Eastern time on the day the comment period closes because (2) The contact’s telephone number; Schedules of Controlled Substances: http://www.regulations.gov terminates (3) Your report sources; Placement of 5-Methoxy-N,N- the public’s ability to submit comments (4) Date received by you (month, day, Dimethyltryptamine Into Schedule I of at midnight Eastern time on the day the year); the Controlled Substances Act comment period closes. Commenters in time zones other than Eastern time may (5) PMA/510k Number and whether AGENCY: Drug Enforcement want to consider this so that their or not the product is a combination Administration (DEA), Department of electronic comments are received. All product; Justice. comments sent via regular or express (6) Type of report being submitted ACTION: Notice of Proposed Rulemaking. mail will be considered timely if (e.g., 5–day, initial, followup); and postmarked on the day the comment SUMMARY: The Deputy Administrator of period closes. (7) Your report number. the Drug Enforcement Administration FOR FURTHER INFORMATION CONTACT: * * * * * (DEA) is issuing this notice of proposed Christine A. Sannerud, Ph.D., Chief, rulemaking to place the substance 5- 18. Revise the introductory text of Drug and Chemical Evaluation Section, methoxy-N,N-dimethyltryptamine (5- § 803.53 to read as follows: Office of Diversion Control, Drug MeO-DMT) and its salts into schedule I Enforcement Administration, 8701 § 803.53 If I am a manufacturer, in which of the Controlled Substances Act (CSA). Morrissette Drive, Springfield, Virginia circumstances must I submit a 5-day This proposed action is based on a 22152, Telephone: (202) 307–7183. report? recommendation from the Acting SUPPLEMENTARY INFORMATION: You must submit a 5-day report to us Assistant Secretary for Health of the with the information required by Department of Health and Human Comments and Requests for Hearing Services (DHHS) and on an evaluation § 803.52 in accordance with the In accordance with the provisions of of the relevant data by DEA. If finalized requirements of § 803.12(a) no later than the CSA (21 U.S.C. 811(a)), this action as proposed, this action would impose 5 work days after the day that you is a formal rulemaking ‘‘on the record the criminal sanctions and regulatory become aware that: after opportunity for a hearing.’’ Such controls of schedule I substances under * * * * * proceedings are conducted pursuant to the CSA on the manufacture, the provisions of the Administrative 19. Amend § 803.56 by revising the distribution, dispensing, importation, Procedure Act (5 U.S.C. 556 and 557). introductory text and paragraphs (a) and exportation, and possession of 5-MeO- All persons are invited to submit their (c) to read as follows: DMT. comments or objections with regard to § 803.56 If I am a manufacturer, in what DATES: Written comments must be this proposal. Requests for a hearing circumstances must I submit a postmarked, and electronic comments may be submitted by interested persons supplemental or followup report and what must be sent, on or before September 21, and must conform to the requirements are the requirements for such reports? 2009. Commenters should be aware that of 21 CFR 1308.44 and 1316.47. The If you are a manufacturer, when you the electronic Federal Docket request should state, with particularity, obtain information required under this Management System will not accept the issues concerning which the person part that you did not provide because it comments after midnight Eastern time desires to be heard and the requestor’s was not known or was not available on the last day of the comment period. interest in the proceeding. Only when you submitted the initial report, ADDRESSES: To ensure proper handling interested persons, defined in the you must submit the supplemental of comments, please reference ‘‘Docket regulations as those ‘‘adversely affected information to us within 30 calendar No. DEA–331’’ on all written and or aggrieved by any rule or proposed days of the day that you receive this electronic correspondence. Written rule issuable pursuant to section 201 of information. You must submit the comments being sent via regular or the Act (21 U.S.C. 811),’’ may request a supplemental or followup report in express mail should be sent to the Drug hearing. accordance with the requirements of Enforcement Administration, Attention: 21 CFR 1308.42. Please note that DEA § 803.12(a). On a supplemental or DEA Federal Register Representative/ may grant a hearing only ‘‘for the followup report, you must: ODL, 8701 Morrissette Drive, purpose of receiving factual evidence Springfield, VA 22152. Comments may (a) Indicate that the report being and expert opinion regarding the issues be sent to DEA by sending an electronic submitted is a supplemental or followup involved in the issuance, amendment or message to report; repeal of a rule issuable’’ pursuant to 21 [email protected]. U.S.C. 811(a). All correspondence * * * * * Comments may also be sent regarding this matter should be (c) Include only the new, changed, or electronically through http:// submitted to the DEA using the address corrected information. www.regulations.gov using the information provided above. electronic comment form provided on Dated: August 11, 2009. that site. An electronic copy of this Posting of Public Comments Jeffrey Shuren, document is also available at the Please note that all comments Associate Commissioner for Policy and http://www.regulations.gov Web site. received are considered part of the Planning. DEA will accept electronic comments public record and made available for [FR Doc. E9–19683 Filed 8–20–09; 8:45 am] containing Microsoft Word, public inspection online at http:// BILLING CODE 4160–01–S WordPerfect, Adobe PDF, or Excel files www.regulations.gov and in the Drug

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Enforcement Administration’s public similar to DMT and other schedule I hallucinogenic effects and other sensory docket. Such information includes hallucinogens, binds to central distortions and impaired judgment. Self- personal identifying information (such serotonin 2 (5-HT2) receptors. reports that are posted on Internet Web as your name, address, etc.) voluntarily Studies show that the potencies of sites describe the abuse of this submitted by the commenter. hallucinogens in humans correlate with substance in combination with other If you want to submit personal their drug affinities for the 5-HT2 controlled drugs such as DMT, N,N- identifying information (such as your receptor and discriminative stimulus diethyltryptamine (DET), LSD, name, address, etc.) as part of your potencies. Accordingly, 5-MeO-DMT marijuana, ecstasy, or mushrooms comment, but do not want it to be produces psychoactive effects in (contains psilocybin and psilocin). This posted online or made available in the humans following inhalation (∼6–20 practice of drug abuse involving public docket, you must include the mg), intravenous injection (∼0.7–3.1 combinations can pose additional health phrase ‘‘PERSONAL IDENTIFYING mg), sublingual (∼10 mg), intranasal risks to the users and the general public. INFORMATION’’ in the first paragraph insufflation (∼10 mg) and oral (∼30 mg) These data show that the continued of your comment. You must also place (if encapsulated or taken with a trafficking and abuse of 5-MeO-DMT all the personal identifying information monoamine oxidase inhibitor) routes of pose hazards to the public health and you do not want posted online or made administration. Anecdotal reports from safety. Indeed, there have been reports available in the public docket in the first humans who have used 5-MeO-DMT of emergency room admissions and paragraph of your comment and identify describe hallucinogenic effects similar death associated with the abuse of 5- what information you want redacted. to those produced by DMT. 5-MeO- MeO-DMT. If you want to submit confidential DMT, however, is reported to be 4 to 5- There are no FDA-approved drug business information as part of your fold more potent than DMT when products. 5-MeO-DMT has never been comment, but do not want it to be administered by inhalation, sublingual approved by the FDA for marketing as posted online or made available in the or oral (if encapsulated) routes of a human drug product in the United public docket, you must include the administration. States and there are no recognized therapeutic uses of 5-MeO-DMT in the phrase ‘‘CONFIDENTIAL BUSINESS Control of 5-methoxy-N,N- United States. INFORMATION’’ in the first paragraph dimethyltryptamine of your comment. You must also References to the above studies and prominently identify confidential Evidence of the abuse of 5-MeO-DMT data may be found in the Health and business information to be redacted was first reported in 1999 by federal law Human Services scheduling within the comment. If a comment has enforcement personnel. According to recommendation and DEA’s so much confidential business the System to Retrieve Information on independent analysis, both of which are information that it cannot be effectively Drug Evidence (STRIDE), a federal available on the electronic docket database for seized drug exhibits redacted, all or part of that comment associated with this rulemaking. analyzed by DEA laboratories, from may not be posted online or made January 1999 to December 2008, law Placement of 5-MeO-DMT Into available in the public docket. Schedule I Personal identifying information and enforcement seized 33 drug exhibits and In accordance with 21 U.S.C. 811(b) of confidential business information filed 23 cases pertaining to the trafficking, distribution and abuse of 5- the CSA, DEA has gathered and identified and located as set forth above MeO-DMT. The seized drug exhibits reviewed the available information will be redacted and the comment, in comprised 89 grams of powder and 10 regarding the pharmacology, chemistry, redacted form, will be posted online and milliliters of liquid containing 5-MeO- trafficking, actual abuse, pattern of placed in the Drug Enforcement DMT. Since 2004, National Forensic abuse, and the relative potential for Administration’s public docket file. Laboratory Information System (NFLIS), abuse of 5-MeO-DMT. On February 21, Please note that the Freedom of a database for drug cases analyzed by 2007, the Deputy Administrator of the Information Act applies to all comments federal, state and local forensic DEA submitted these data to the Acting received. If you wish to inspect the laboratories, registered 23 state and Assistant Secretary for Health, agency’s public docket file in person by local cases involving 27 analyzed items Department of Health and Human appointment, please see the FOR containing 5-MeO-DMT. Services. In accordance with 21 U.S.C. FURTHER INFORMATION CONTACT There is evidence of clandestine 811(b), the Deputy Administrator also paragraph. laboratory operations to synthesize 5- requested a scientific and medical Background MeO-DMT. 5-MeO-DMT has been evaluation and a scheduling encountered in powder, capsule, and recommendation for 5-MeO-DMT from Explanation of 5-methoxy-N,N- liquid forms. 5-MeO-DMT is typically the Acting Assistant Secretary for dimethyltryptamine abused either by smoking or insufflating Health. On December 18, 2008, the 5-MeO-DMT is related to the schedule the powder. Investigations by federal Principal Deputy Assistant Secretary for I hallucinogen, N,N-dimethyltryptamine law enforcement indicate that Health, Department of Health and (DMT), in its chemical structure and individuals, especially youths and Human Services (DHHS), sent the pharmacological properties. 5-MeO- young adults, are purchasing 5-MeO- Deputy Administrator of the DEA a DMT also shares pharmacological DMT from Internet-based chemical scientific and medical evaluation and a similarities with several other schedule suppliers. In addition, there are several letter recommending that 5-MeO-DMT I hallucinogens such as 2,5-dimethoxy- instances where 5-MeO-DMT was sold and its salts be placed into schedule I 4-methylamphetamine (DOM), lysergic as a counterfeit of MDMA. of the CSA. Enclosed with the letter was acid diethylamide (LSD) and mescaline. The risks to the public health a document prepared by FDA entitled, In animal drug discrimination studies, associated with the abuse of 5-MeO- ‘‘Basis for the Recommendation to DOM, LSD, mescaline, DMT, and alpha- DMT are similar to the risks associated Control 5-Methoxy-Dimethyltryptamine methyltryptamine (AMT) fully with those of schedule I hallucinogens. (5-MeO-DMT) in Schedule I of the substitute for the discriminative 5-MeO-DMT can pose serious health Controlled Substances Act.’’ The stimulus cue of 5-MeO-DMT. In in vitro risks to the user and general public document contained a review of the receptor binding studies, 5-MeO-DMT, through its ability to induce factors which the CSA requires the

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Secretary to consider (21 U.S.C. 811(b)). stored in accordance with §§ 1301.71; Regulatory Certifications The factors considered by the Assistant 1301.72(a), (c), and (d); 1301.73; Executive Order 12866 Secretary of Health and DEA with 1301.74; 1301.75(a) and (c); and 1301.76 respect to 5-MeO-DMT were: of Title 21 of the Code of Federal In accordance with the provisions of (1) Actual or relative potential for Regulations. the CSA (21 U.S.C. 811(a)), this action abuse; Labeling and Packaging. All labels is a formal rulemaking ‘‘on the record (2) Scientific evidence of its and labeling for commercial containers after opportunity for a hearing.’’ Such pharmacological effects, if known; of 5-methoxy-N,N-dimethyltryptamine proceedings are conducted pursuant to (3) The state of current scientific which are distributed on or after the the provisions of 5 U.S.C. 556 and 557 knowledge regarding the drug; effective date of a Final Rule finalizing and, as such, are exempt from review by (4) History and current pattern of this regulation would be required to the Office of Management and Budget abuse; comply with requirements of §§ 1302.03 pursuant to Executive Order 12866, (5) The scope, duration, and through 1302.07 of Title 21 of the Code section 3(d)(1). significance of abuse; of Federal Regulations. (6) What, if any, risk there is to the Regulatory Flexibility Act public health; Quotas. Quotas for 5-methoxy-N,N- The Deputy Administrator, in (7) Psychic or physiological dimethyltryptamine would be accordance with the Regulatory dependence liability; and established pursuant to the Flexibility Act (5 U.S.C. 601–612), has (8) Whether the substance is an requirements of part 1303 of Title 21 of reviewed this proposed rule and by immediate precursor of a substance the Code of Federal Regulations. approving it certifies that it will not already controlled under the CSA. Inventory. Every registrant required to have a significant economic impact on Based on the recommendation of the keep records and who possesses any a substantial number of small entities. Assistant Secretary for Health, received quantity of 5-methoxy-N,N- This proposed rule, if finalized, would in accordance with section 201(b) of the dimethyltryptamine upon the effective place 5-methoxy-N,N- Act (21 U.S.C. 811(b)), and the date of any Final Rule finalizing these dimethyltryptamine into schedule I of independent review of the available regulations would be required to keep the Controlled Substances Act. data by DEA, the Deputy Administrator an inventory of all stocks of the finds that sufficient data exist to support substance on hand pursuant to Executive Order 12988 the placement of 5-MeO-DMT into §§ 1304.03, 1304.04 and 1304.11 of Title This regulation meets the applicable schedule I of the CSA pursuant to 21 21 of the Code of Federal Regulations. standards set forth in Sections 3(a) and U.S.C. 811(a). The specific findings Every registrant who desires registration 3(b)(2) of Executive Order 12988 Civil required pursuant to 21 U.S.C. 811 and in schedule I to handle 5-methoxy-N,N- Justice Reform. 812 for 5-MeO-DMT to be placed into dimethyltryptamine would be required Executive Order 13132 schedule I are as follows: to conduct an inventory of all stocks of (1) 5-MeO-DMT has a high potential the substance. This rulemaking does not preempt or for abuse. Records. All registrants who handle 5- modify any provision of State law; nor (2)5-MeO-DMT has no currently methoxy-N,N-dimethyltryptamine does it impose enforcement accepted medical use in treatment in the would be required to keep records responsibilities on any State; nor does it United States. pursuant to §§ 1304.03, 1304.04 diminish the power of any State to (3) There is a lack of accepted safety 1304.21, 1304.22, and 1304.23 of Title enforce its own laws. Accordingly, this for use of 5-MeO-DMT under medical 21 of the Code of Federal Regulations. rulemaking does not have federalism supervision. Reports. All registrants required to implications warranting the application of Executive Order 13132. Regulatory Requirements submit reports in accordance with § 1304.33 of Title 21 of the Code of If this rule is finalized as proposed, 5- Unfunded Mandates Reform Act of 1995 Federal Regulations would be required methoxy-N,N-dimethyltryptamine to do so regarding 5-methoxy-N,N- This rule will not result in the would be subject to regulatory controls dimethyltryptamine. expenditure by State, local and tribal and administrative, civil and criminal governments, in the aggregate, or by the sanctions applicable to the manufacture, Order Forms. All registrants involved private sector, of $120,000,000 or more distribution, dispensing, importation in the distribution of 5-methoxy-N,N- (adjusted for inflation) in any one year, and exportation of a schedule I dimethyltryptamine would be required and will not significantly or uniquely controlled substance, including the to comply with the order form affect small governments. Therefore, no following: requirements of part 1305 of Title 21 of actions were deemed necessary under Registration. Any person who the Code of Federal Regulations. provisions of the Unfunded Mandates manufactures, distributes, dispenses, Importation and Exportation. All Reform Act of 1995. imports or exports 5-methoxy-N,N- importation and exportation of 5- dimethyltryptamine or who engages in methoxy-N,N-dimethyltryptamine Congressional Review Act research or conducts instructional would be required to be in compliance This rule is not a major rule as activities with respect to 5-methoxy- with part 1312 of Title 21 of the Code defined by § 804 of the Small Business N,N-dimethyltryptamine, or who of Federal Regulations. Regulatory Enforcement Fairness Act of proposes to engage in such activities, Criminal Liability. Any activity with 1996 (Congressional Review Act). This would be required to submit an 5-methoxy-N,N-dimethyltryptamine not rule will not result in an annual effect application for schedule I registration in authorized by, or in violation of, the on the economy of $100,000,000 or accordance with part 1301 of Title 21 of Controlled Substances Act or the more; a major increase in costs or prices: the Code of Federal Regulations. Controlled Substances Import and or significant adverse effects on Security. 5-methoxy-N,N- Export Act occurring on or after the competition, employment, investment, dimethyltryptamine would be subject to effective date of any Final Rule productivity, innovation, or on the schedule I security requirements and finalizing these regulations would be ability of United States-based must be manufactured, distributed and unlawful. companies to compete with foreign

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based companies in domestic and aerial demonstration to be held over the Submitting Comments export markets. waters of the Atlantic Ocean adjacent to If you submit a comment, please Ocean City, New Jersey. This Safety List of Subjects in 21 CFR Part 1308 include the docket number for this Zone is necessary to provide for the rulemaking (USCG–2009–0720), Administrative practice and safety of life on navigable waters during indicate the specific section of this procedure, Drug traffic control, the event. This proposed action would document to which each comment Narcotics, Prescription drugs. temporarily restrict vessel traffic in applies, and provide a reason for each Under the authority vested in the portions of the Atlantic Ocean adjacent suggestion or recommendation. You Attorney General by section 201(a) of to Ocean City, New Jersey during the may submit your comments and the CSA (21 U.S.C. 811(a)), and aerial demonstration. material online (via http:// delegated to the Administrator of DEA DATES: Comments and related material www.regulations.gov) or by fax, mail, or by Department of Justice regulations (28 must be received by the Coast Guard on hand delivery, but please use only one CFR 0.100), and redelegated to the or before September 21, 2009 Requests of these means. If you submit a Deputy Administrator pursuant to 28 for public meetings must be received by comment online via http:// CFR 0.104, the Deputy Administrator the Coast Guard on or before August 28, www.regulations.gov, it will be hereby proposes that 21 CFR part 1308 2009. considered received by the Coast Guard be amended as follows: when you successfully transmit the ADDRESSES: You may submit comments comment. If you fax, hand deliver, or PART 1308—SCHEDULES OF identified by docket number USCG– mail your comment, it will be CONTROLLED SUBSTANCES 2009–0720 using any one of the considered as having been received by following methods: 1. The authority citation for part 1308 the Coast Guard when it is received at continues to read as follows: (1) Federal eRulemaking Portal: the Docket Management Facility. We http://www.regulations.gov. recommend that you include your name Authority: 21 U.S.C. 811, 812, 871(b) unless otherwise noted. (2) Fax: 202–493–2251. and a mailing address, an e-mail (3) Mail: Docket Management Facility address, or a telephone number in the 2. Section 1308.11 is amended by: (M–30), U.S. Department of body of your document so that we can A. Redesignating existing paragraphs Transportation, West Building Ground contact you if we have questions (d)(15) through (d)(34) as paragraphs Floor, Room W12–140, 1200 New Jersey regarding your submission. (d)(16) through (d)(35). Avenue, SE., Washington, DC 20590– To submit your comment online, go to B. Adding a new paragraph (d)(15). 0001. http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will § 1308.11 Schedule I. (4) Hand delivery: Same as mail then become highlighted in blue. In the address above, between 9 a.m. and 5 * * * * * ‘‘Document Type’’ drop down menu, p.m., Monday through Friday, except (d) * * * select ‘‘Notices’’ and insert ‘‘USCG– Federal holidays. The telephone number (15) 5-methoxy-N,N- 2009–0720’’ in the ’’Keyword’’ box. is 202–366–9329. dimethyltryptamine, its isomers, salts Click ‘‘Search’’ then click on the balloon and salts of isomers—7431. To avoid duplication, please use only shape in the Actions column. If you Some trade or other names: 5- one of these four methods. See the submit your comments by mail or hand methoxy-3-[2- ‘‘Public Participation and Request for delivery, submit them in an unbound (dimethylamino)ethyl]indole; 5-MeO- Comments’’ portion of the 1 format, no larger than 8 ⁄2; by 11 inches, DMT. SUPPLEMENTARY INFORMATION section suitable for copying and electronic * * * * * below for instructions on submitting filing. If you submit comments by mail Dated: August 12, 2009. comments. and would like to know that they Michele M. Leonhart, FOR FURTHER INFORMATION CONTACT: If reached the Facility, please enclose a Deputy Administrator. you have questions on this proposed stamped, self-addressed postcard or [FR Doc. E9–20204 Filed 8–20–09; 8:45 am] rule, call or e-mail Lieutenant Rebecca envelope. We will consider all comments and material received during BILLING CODE 4410–09–P Walthour, Chief of Waterways Management Branch, Coast Guard the comment period and may change Sector Delaware Bay, at 215–271–4889, the rule based on your comments. DEPARTMENT OF HOMELAND e-mail [email protected]. If Viewing Comments and Documents SECURITY you have questions on viewing or submitting material to the docket, call To view comments, as well as documents mentioned in this preamble Coast Guard Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– as being available in the docket, go to http://www.regulations.gov, click on the 33 CFR Part 165 9826. ‘‘read comments’’ box, which will then [Docket No. USCG–2009–0720] SUPPLEMENTARY INFORMATION: become highlighted in blue. In the ‘‘Keyword’’ box, insert USCG–2009– RIN 1625–AA00 Public Participation and Request for Comments 0720 and click ‘‘Search.’’ Click the Safety Zone; Ocean City Beachfront ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Air Show, Ocean City, NJ We encourage you to participate in column. You may also visit the Docket this rulemaking by submitting Management Facility in Room W12–140 AGENCY: Coast Guard, DHS. comments and related materials. All on the ground floor of the Department ACTION: Notice of proposed rulemaking. comments received will be posted of Transportation West Building, 1200 without change to http:// New Jersey Avenue, SE., Washington, SUMMARY: The Coast Guard proposes to www.regulations.gov and will include DC 20590, between 9 a.m. and 5 p.m., establish a temporary safety zone for the any personal information you have Monday through Friday, except Federal Ocean City Beachfront Air Show, an provided. holidays. We have an agreement with

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the Department of Transportation to use thence northwesterly to latitude This safety zone will not have a the Docket Management Facility. 39°15′47″ N, longitude 074°34′51″ W, significant economic impact on a thence returning northeasterly to substantial number of small entities for Privacy Act latitude 39°16′28″ N, longitude the following reasons. This rule will be Anyone can search the electronic 074°33′38″ W. All coordinates listed for in effect for only a short period, from 1 form of comments received into any of the following safety zones reference p.m. to 3 p.m. on September 19, 2009 our dockets by the name of the Datum NAD 1983. and from 12 a.m. (noon) to 4 p.m. on individual submitting the comment (or This temporary safety zone will be September 20, 2009. Traffic will be signing the comment, if submitted on enforced from 1 p.m. to 3 p.m. on allowed to pass through the zone with behalf of an association, business, labor September 19, 2009, and from 12 p.m. the permission of the Coast Guard patrol union, etc.). You may review a Privacy (noon) to 4 p.m. on September 20, 2009. commander. Before the enforcement Act notice regarding our public dockets Regulatory Analyses period, we will issue maritime in the January 17, 2008 issue of the advisories so mariners can adjust their Federal Register (73 FR 3316). We developed this proposed rule after plans accordingly. considering numerous statutes and Public Meeting If you think that your business, executive orders related to rulemaking. organization, or governmental We do not now plan to hold a public Below we summarize our analyses jurisdiction qualifies as a small entity meeting. But you may submit a request based on 13 of these statutes or and that this rule would have a for one on or before August 18, 2009, executive orders. significant economic impact on it, using one of the four methods specified Regulatory Planning and Review please submit a comment (see under ADDRESSES. Please explain why ADDRESSES) explaining why you think it you believe a public meeting would be This proposed rule is not a significant qualifies and how and to what degree beneficial. If we determine that one regulatory action under section 3(f) of this rule would economically affect it. would aid this rulemaking, we will hold Executive Order 12866, Regulatory one at a time and place announced by Planning and Review, and does not Assistance for Small Entities a later notice in the Federal Register. require an assessment of potential costs Under section 213(a) of the Small and benefits under section 6(a)(3) of that Background and Purpose Business Regulatory Enforcement Order. The Office of Management and Fairness Act of 1996 (Pub. L. 104–121), On September 19–20, 2009, the Ocean Budget has not reviewed it under that we want to assist small entities in City Business and Neighborhood Order. understanding this proposed rule so that Development INC will sponsor the We expect the economic impact of they can better evaluate its effects on Ocean City Beachfront Air Show. The this proposed rule to be so minimal that them and participate in the rulemaking. event will consist of high performance a full Regulatory Assessment is If the rule would affect your small jet aircraft performing low altitude unnecessary. Although this regulation business, organization, or governmental aerial maneuvers over the waters of the restricts vessel traffic from transiting a jurisdiction and you have questions Atlantic Ocean adjacent to Ocean City, small segment of coastal waters near concerning its provisions or options for New Jersey. A fleet of spectator vessels Ocean City, New Jersey, the effect of this compliance, please contact Lieutenant is expected to gather nearby to view the regulation will not be significant due to Rebecca Walthour, Chief of Waterways aerial demonstration. Due to the need the limited duration that the regulated Management Branch, Coast Guard for vessel control during the event, area will be in effect and the advance Sector Delaware Bay, at 215–271–4889, vessel traffic will be temporarily notifications that will be made to the or e-mail [email protected]. restricted to provide for the safety of maritime community via marine The Coast Guard will not retaliate spectators and transiting vessels. information broadcasts and area against small entities that question or newspapers so mariners can adjust their Discussion of Proposed Rule complain about this proposed rule or plans accordingly. any policy or action of the Coast Guard. The Coast Guard proposes to establish a temporary safety zone on the North Small Entities Collection of Information Atlantic Ocean, immediately adjacent to Under the Regulatory Flexibility Act This proposed rule would call for no the shoreline at Ocean City, New Jersey. (5 U.S.C. 601–612), we have considered new collection of information under the Except for persons or vessels authorized whether this proposed rule would have Paperwork Reduction Act of 1995 (44 by the Coast Guard Patrol Commander, a significant economic impact on a U.S.C. 3501–3520.). no person or vessel may enter or remain substantial number of small entities. in the regulated areas during the The term ‘‘small entities’’ comprises Federalism enforcement period. The Patrol small businesses, not-for-profit A rule has implications for federalism Commander will notify the public of organizations that are independently under Executive Order 13132, specific enforcement times by Marine owned and operated and are not Federalism, if it has a substantial direct Radio Safety Broadcast. This regulation dominant in their fields, and effect on State or local governments and will be enforced to prevent personal governmental jurisdictions with would either preempt State law or injury to mariners and damage to vessel populations of less than 50,000. impose a substantial direct cost of traffic during the event. The Coast Guard certifies under 5 compliance on them. We have analyzed The temporary safety zone includes U.S.C. 605(b) that this proposed rule this proposed rule under that Order and all waters offshore from Ocean City, would not have a significant economic have determined that it does not have New Jersey, bounded within the impact on a substantial number of small implications for federalism. following area: Beginning at latitude entities. This rule will affect the 39°16′28″ N, longitude 074°33′38″ W, following entities, some of which may Unfunded Mandates Reform Act thence southeasterly to latitude be small entities: The owners or The Unfunded Mandates Reform Act 39°16′20″ N, longitude 074°33′30″ W, operators of vessels intending to transit of 1995 (2 U.S.C. 1531–1538) requires thence southwesterly to latitude coastal waters in the vicinity of Ocean Federal agencies to assess the effects of 39°15′38″ N, longitude 074°34′41″ W, City, New Jersey during the event. their discretionary regulatory actions. In

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particular, the Act addresses actions Technical Standards Pub. L. 107–295, 116 Stat. 2064; Department that may result in the expenditure by a The National Technology Transfer of Homeland Security Delegation No. 0170.1. State, local, or tribal government, in the and Advancement Act (NTTAA) (15 2. Add § 165.T05–0720, to read as aggregate, or by the private sector of U.S.C. 272 note) directs agencies to use follows: $100,000,000 or more in any one year. voluntary consensus standards in their Though this proposed rule would not regulatory activities unless the agency § 165.T05–0720 Safety Zone; Ocean City result in such an expenditure, we do provides Congress, through the Office of Beachfront Air Show, Ocean City, NJ. discuss the effects of this rule elsewhere Management and Budget, with an in this preamble. (a) Location. A temporary safety zone explanation of why using these is created on the coastal waters of the Taking of Private Property standards would be inconsistent with North Atlantic Ocean, immediately applicable law or otherwise impractical. adjacent to the shoreline at Ocean City, This proposed rule would not effect a Voluntary consensus standards are taking of private property or otherwise NJ, bounded within the following area: technical standards (e.g., specifications ° ′ ″ have taking implications under of materials, performance, design, or beginning at latitude 39 16 28 N, Executive Order 12630, Governmental longitude 074°33′38″ W, thence operation; test methods; sampling ° ′ ″ Actions and Interference with procedures; and related management southeasterly to latitude 39 16 20 N, ° ′ ″ Constitutionally Protected Property systems practices) that are developed or longitude 074 33 30 W, thence ° ′ ″ Rights. adopted by voluntary consensus southwesterly to latitude 39 15 38 N, ° ′ ″ Civil Justice Reform standards bodies. longitude 074 34 41 W, thence This proposed rule does not use northwesterly to latitude 39°15′47″ N, This proposed rule meets applicable technical standards. Therefore, we did longitude 074°34′51″ W, thence standards in sections 3(a) and 3(b)(2) of not consider the use of voluntary returning northeasterly to latitude Executive Order 12988, Civil Justice consensus standards. 39°16′28″ N, longitude 074°33′38″ W. Reform, to minimize litigation, eliminate ambiguity, and reduce Environment (b) Regulations. (1) Under the general burden. We have analyzed this proposed rule regulations governing safety zones in § 165.23, no person or vessel may enter Protection of Children under Department of Homeland Security Management Directive 023–01 or navigate within this safety zone We have analyzed this proposed rule and Commandant Instruction unless authorized to do so by the Coast under Executive Order 13045, M16475.lD, which guide the Coast Guard or designated representatives. Protection of Children from Guard in complying with the National Any person or vessel authorized to enter Environmental Health Risks and Safety Environmental Policy Act of 1969 the safety zone must operate in strict Risks. This rule is not an economically (NEPA) (42 U.S.C. 4321–4370f), and conformance with any directions given significant rule and would not create an have made a preliminary determination by the Coast Guard or designated environmental risk to health or risk to that this action is one of a category of representative and leave the safety zone safety that might disproportionately actions which do not individually or immediately if the Coast Guard or affect children. cumulatively have a significant effect on designated representative so orders. Indian Tribal Governments the human environment. A preliminary (2) All Coast Guard assets enforcing This proposed rule does not have environmental analysis checklist this safety zone can be contacted on tribal implications under Executive supporting this determination is VHF marine band radio, channels 13 Order 13175, Consultation and available in the docket where indicated and 16. The Captain of the Port can be under ADDRESSES. This proposed rule Coordination with Indian Tribal contacted at 215–271–4807. Governments, because it would not have involves creating a temporary safety zone on the waters of the Atlantic Ocean (3) The Captain of the Port will notify a substantial direct effect on one or the public of any changes in the status more Indian tribes, on the relationship offshore from Ocean City, New Jersey, of this safety zone by Marine Safety between the Federal Government and which will restrict vessel movement due Radio Broadcast on VHF–FM marine Indian tribes, or on the distribution of to a scheduled air show. We seek any band radio, channel 22 (157.1 MHZ). power and responsibilities between the comments or information that may lead Federal Government and Indian tribes. to the discovery of a significant (c) Definition. As used in this section, environmental impact from this designated representative means the Energy Effects proposed rule. Commanding Officer of Sector Delaware We have analyzed this proposed rule List of Subjects in 33 CFR Part 165 Bay or any Coast Guard commissioned under Executive Order 13211, Actions Harbors, Marine safety, Navigation warrant or petty officer who has been Concerning Regulations That (water), Reporting and recordkeeping authorized by the Captain of the Port to Significantly Affect Energy Supply, requirements, Security measures, act on his behalf to assist in enforcing Distribution, or Use. We have Waterways. this section. determined that it is not a ‘‘significant energy action’’ under that order because For the reasons discussed in the (d) Effective period. This section will it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard proposes to be enforced from 1 p.m. to 3 p.m. on under Executive Order 12866 and is not amend 33 CFR part 165 as follows: September 19, 2009, and from 12 p.m. (noon) to 4 p.m. on September 20, 2009. likely to have a significant adverse effect PART 165—REGULATED NAVIGATION on the supply, distribution, or use of AREAS AND LIMITED ACCESS AREAS Dated: August 7, 2009. energy. The Administrator of the Office Meredith L. Austin, of Information and Regulatory Affairs 1. The authority citation for part 165 Captain, U.S. Coast Guard, Captain of the continues to read as follows: has not designated it as a significant Port, Delaware Bay. energy action. Therefore, it does not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. [FR Doc. E9–20095 Filed 8–20–09; 8:45 am] require a Statement of Energy Effects Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; under Executive Order 13211. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; BILLING CODE 4910–15–P

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ENVIRONMENTAL PROTECTION • http://www.regulations.gov: Follow Docket Center homepage at http:// AGENCY the online instructions for submitting www.epa.gov/dockets. comments. How Can I Access the Docket? 40 CFR Part 211 • E-mail: [email protected]. • [EPA–HQ–OAR–2003–0024; FRL–8947–6] Fax: (202) 566–1741. All documents in the docket are listed • Mail: Air and Radiation Docket and in the http://www.regulations.gov index. RIN 2060–A025 Information Center, EPA Labeling Although listed in the index, some Regulation, Docket Number EPA–HQ– information is not publicly available, Product Noise Labeling; Hearing e.g., CBI or other information whose Protection Devices OAR–2003–0024, Environmental Protection Agency, EPA Docket Center, disclosure is restricted by statute. AGENCY: Environmental Protection Mailcode 28221T, 1200 Pennsylvania Certain other material, such as Agency (EPA). Ave., NW., Washington, DC 20460. copyrighted material, will be publicly ACTION: Extension of comment period • Hand Delivery: EPA Docket Center, available only in hard copy. Publicly and rescheduled public hearing. Public Reading Room, EPA West, Room available docket materials are available 3334, 1301 Constitution Ave., NW., either electronically in http:// SUMMARY: The Environmental Protection Washington, DC 20460. Such deliveries www.regulations.gov or in hard copy at Agency (EPA) is announcing an are only accepted during the Docket’s the Air and Radiation Docket and extension of the public comment period normal hours of operation (Monday Information Center, EPA/DC, EPA West, for the proposed rule ‘‘Product Noise through Friday, from 8:30 a.m. to 4:30 Room 3334, 1301 Constitution Ave., Labeling—Hearing Protection Devices’’ p.m.), excluding legal holidays and NW., Washington, DC. The Public (the proposed rule is hereinafter referred special arrangement should be made for Reading Room is open from 8:30 a.m. to to as ‘‘HPD Rule’’). EPA published a deliveries of boxed information. The 4:30 p.m., Monday through Friday, notice of proposed rulemaking on telephone number for the Public excluding legal holidays. The telephone August 5, 2009, in the Federal Register Reading Room is (202) 566–1744, and number for the Public Reading Room is (74 FR 39150) which included a request the telephone number for the Air Docket (202) 566–1744, and the telephone for comments and an offer to hold a is (202) 566–1742. number for the Air Docket is (202) 566– public hearing if requested. The public • Instructions: Direct your comments 1742. comment period was to end on to Docket ID Number EPA–HQ–OAR– How Can I Get Copies of This September 4, 2009, (30 days after 2003–0024. EPA’s policy is that all Document, the Proposed Rule, and publication in the Federal Register) and comments received will be included in Other Related Information? the public hearing, if requested, was to the public docket without change and take place on August 25, 2009. The may be made available online at The EPA has established a docket for purpose of this document is to extend http://www.regulations.gov, including this action under Docket ID No. EPA– the public comment period an any personal information provided, HQ–OAR–2003–0024. additional 60 days until November 4, unless the comment includes FOR FURTHER INFORMATION CONTACT: Ms. 2009, and to schedule a public hearing information claimed to be Confidential Catrice Jefferson, U.S. Environmental on this proposed rule will be held on Business Information (CBI) or other Protection Agency, Office of Air and October 7, 2009. This extension of the information whose disclosure is Radiation, Mail Code 6103A, 1200 comment period and the holding of a restricted by statute. Do not submit Pennsylvania Avenue, NW., public hearing are being provided to information that you consider to be CBI Washington, DC 20460. Telephone allow the public additional time to or otherwise protected through http:// Number—(202) 564–1668; Fax review the rule and provide EPA with www.regulations.gov or e-mail. The Number—(202) 564–1554; and e-mail comments on the proposed rule. http://www.regulations.gov Web site is Address—[email protected]. DATES: Comments. Written comments an ‘‘anonymous access’’ system, which SUPPLEMENTARY INFORMATION: must be received on or before November means EPA will not know your identity Extension of Comment Period: EPA 4, 2009. or contact information unless you received requests for an extension of the Public Hearing. The public hearing provide it in the body of your comment. public comment period from various will be held on Wednesday, October 7, If you send an e-mail comment directly parties ranging from 60 to 90 days. After 2009, from 9 a.m. to 5 p.m. Eastern to EPA without going through http:// considering all of these comments, EPA Standard time. The meeting is www.regulations.gov, your e-mail has determined that an extension of an scheduled for one day and will take address will be automatically captured additional 60 days is an appropriate place at EPA Headquarters, Room and included as part of the comment amount of time to provide the public for 1153—East building, 1301 Constitution that is placed in the public docket and submission of meaningful comments on Avenue, NW., Washington, DC 20460. made available on the Internet. If you the proposed rule. Accordingly, the Anyone that would like to speak at the submit an electronic comment, EPA public comment period for the HPD hearing must notify the EPA by recommends that you include your proposed rulemaking is extended until September 30, 2009, via the docket. name or other content information in November 4, 2009. EPA does not Persons wishing to make a formal the body of your comment and with any anticipate any further extension of the presentation for the record must provide disk or CD–ROM you submit. If EPA comment period at this time. a hard copy of their presentation to the cannot read your comment due to Reschedule of Public Hearing: EPA docket not later than September 30, technical difficulties and cannot contact received requests for a public hearing. 2009. Scheduling of all presentations you for clarification, EPA may not be In view of the above extension of the will be based on the order in which able to consider your comment. comment period the EPA is establishing their request is received. Electronic files should avoid the use of October 7, 2009 as the date for the ADDRESSES: Submit your comments, special characters or any form of public hearing that was originally identified by docket ID number EPA– encryption, and be free of any defect or scheduled for August 25, 2009. EPA HQ–OAR–2003–0024, by one of the viruses. For additional information believes that this postponement will following methods: about EPA’s public docket, visit the EPA provide adequate time for interested

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parties to develop their verbal Dated: August 17, 2009. comments and presentations. Gina McCarthy, Assistant Administrator, Office of Air and Radiation. [FR Doc. E9–20172 Filed 8–20–09; 8:45 am] BILLING CODE 6560–50–P

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Notices Federal Register Vol. 74, No. 161

Friday, August 21, 2009

This section of the FEDERAL REGISTER ADDRESSES: You may submit comments Riverdale, MD 20737–1231; (301) contains documents other than rules or by either of the following methods: 734–0695. proposed rules that are applicable to the • Federal eRulemaking Portal: Go to NMFS: Mr. Kevin Amos, National public. Notices of hearings and investigations, http://www.regulations.gov/fdmspublic/ Aquatic Animal Health Coordinator, committee meetings, agency decisions and component/ NOAA Aquaculture Program, 1315 rulings, delegations of authority, filing of petitions and applications and agency main?main=DocketDetail&d=APHIS- East-West Hwy., SSMC#3 Rm. 13137, statements of organization and functions are 2008-0096 to submit or view comments Silver Spring, MD 20910; (360) 709– examples of documents appearing in this and to view supporting and related 9001. section. materials available electronically. All FWS: Ray Brunson, Project Leader, comments received are a part of the FWS, Olympia Fish Health Center, public record and will generally be 3859 Martin Way E, Suite 101, DEPARTMENT OF AGRICULTURE posted to http://www.regulations.gov Olympia, WA 98506; 360–753–9046. without change. All personal identifying SUPPLEMENTARY INFORMATION: Animal and Plant Health Inspection information (for example, name, Service address, etc.) voluntarily submitted by Background the commenter may be publicly Aquaculture, which includes the DEPARTMENT OF COMMERCE accessible. Do not submit confidential managed production of aquatic animals, business information or otherwise is practiced throughout the United National Oceanic and Atmospheric sensitive or protected information. The States and its territories by private, Administration agency will accept anonymous public, and tribal entities. Aquaculture comments (enter ‘‘N/A’’ in the required continues to grow as a major DEPARTMENT OF THE INTERIOR fields, if you wish to remain agribusiness enterprise. The production anonymous). You may submit of aquatic animals is a critical economic Fish and Wildlife Service attachments to electronic comments in and environmental activity that Microsoft Word, Excel, WordPerfect, or [Docket No. APHIS–2008–0096] provides a source of healthy food, Adobe PDF file formats only. employment, recreation, and • National Aquatic Animal Health Plan Postal Mail/Commercial Delivery: supplementation of wild fishery stocks for the United States; Notice of Please send two copies of your comment for harvest by commercial and tribal Availability to Docket No. APHIS–2008–0096, harvesters, as well as protection and Regulatory Analysis and Development, restoration of aquatic animals that face AGENCY: Animal and Plant Health PPD, APHIS, Station 3A–03.8, 4700 extinction. Inspection Service, USDA; National River Road, Unit 118, Riverdale, MD Disease has the potential to pose a Marine Fisheries Service, National 20737–1238. Please state that your great threat to the success of Oceanic and Atmospheric comment refers to Docket No. APHIS aquaculture. Developing and Administration, DOC; and Fish and 2008–0096. implementing a national aquatic animal Wildlife Service, DOI. Reading Room: You may read any health plan has become urgent for two ACTION: Notice of availability and comments that we receive on the reasons: The growing need to protect request for comments. National Aquatic Animal Health Plan in our domestic commerce and resources, the APHIS reading room. The reading and the advent of new health SUMMARY: We are advising the public room is located in Room 1141 of the regulations by foreign governments that that a National Aquatic Animal Health USDA South Building, 14th Street and restrict the importation of live and Plan (NAAHP) for the United States is Independence Avenue, SW., processed aquatic animals from the being made available for public review Washington, DC. Normal reading room United States. and comment. The NAAHP was hours are 8 a.m. to 4:30 p.m., Monday In recent years, outbreaks of developed by a Task Force led by the through Friday, except holidays. To be infectious salmon anemia and spring Animal and Plant Health Inspection sure someone is there to help you, viremia of carp in private U.S. Service (APHIS) of the U.S. Department please call (202) 690–2817 before aquaculture operations resulted in Agriculture, the Fish and Wildlife coming. losses of over $10 million. Also Service (FWS) of the U.S. Department of Other Information: Additional recently, a new strain of viral the Interior, and the National Marine information about APHIS and its hemorrhagic septicemia has affected Fisheries Service (NMFS) of the programs is available on the Internet at several wild populations of fish in the National Oceanic and Atmospheric http://www.aphis.usda.gov. Additional Great Lakes region of the United States. Administration of the U.S. Department information about FWS is available on If the United States maintains a limited of Commerce. It is anticipated that this the Internet at http://www.fws.gov. and disparate supporting infrastructure plan will provide a framework for how Additional information about the NOAA to diagnose, report, educate, manage, APHIS, FWS, and NMFS should Aquaculture Program is available on the and develop surveillance and control develop programs for diseases that affect Internet at http://aquaculture.noaa.gov. programs, the presence of these or the the health of aquatic animals such as FOR FURTHER INFORMATION CONTACT: discovery of other aquatic animal finfish, crustaceans, and mollusks. APHIS: Dr. P. Gary Egrie, Veterinary pathogens in this country could lead to DATES: APHIS, FWS, and NMFS will Medical Officer, Aquaculture, Swine, restriction or elimination of consider all comments received on or Equine, and Poultry Health Programs, international commerce in some aquatic before October 20, 2009. VS, APHIS, 4700 River Road, Unit 46, animals for the United States.

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The National Aquatic Animal Health partners. A total of 12 group meetings • Education and training. Plan (NAAHP) were held between January 2003 and In addition to the recommendation In 2001, the Joint Subcommittee on November 2006. Many of the technical areas listed, activities addressed in the Aquaculture (JSA), under the auspices groups focused on species-specific NAAHP include the following: of the Executive Office of the President, disease issues with regard to Definition of pathogens of national Office of Science and Technology surveillance and disease management. concern; creation and implementation Policy, commissioned a national task The task force’s technical team used of disease management zones; force to develop a national health plan information from these groups and from identification of priority areas for other meetings to draft the NAAHP’s for aquatic animals. Three Federal research and development in aquatic chapters. Departments with primary animal health, including identification The goal of the NAAHP is to provide responsibility for aquatic animal health of existing funding structures and are leading the task force—the U.S. recommendations to industry, States, tribes, Federal agencies, and other recommendations for leveraging Department of Agriculture (USDA), the resources; description of strategies for U.S. Department of Commerce stakeholders to meet the mission of the Plan. These recommendations are not continued outreach and awareness (Commerce), and the U.S. Department of regarding national aquatic animal health the Interior (DOI). USDA’s Animal and necessarily in support of an overarching regulatory program to be implemented strategies and the NAAHP; and Plant Health Inspection Service (APHIS) implementation of the NAAHP. protects the health of U.S. agriculture, by the Federal Government. Rather, the thereby improving agricultural recommendations relate to activities for Due to limited resources, the NAAHP productivity and competiveness and consideration by all stakeholders to must be developed based on the contributing to the national economy meet the mission of the Plan. priorities and recommendations Four principles have been used by the and public health. Commerce’s National identified within the Plan, and task force to develop the NAAHP. They Marine Fisheries Service (NMFS) is implementation of these priorities will are: be contingent upon funding. However, dedicated to the stewardship of living • Construct the Plan using continued stakeholder consultation is marine resources through science-based established scientific principles of fish conservation and management, and the necessary to ensure that the priorities health management; and recommendations in the Plan are promotion of healthy ecosystems. DOI’s • Develop the Plan in an open and Fish and Wildlife Service (FWS) works updated if necessary. Therefore, the visible process in which stakeholders establishment of a National Advisory with others to conserve, protect, and have opportunities to provide enhance fish, wildlife, and plants, and Committee for Aquatic Animal Health is information; of utmost importance to a successful their habitats for the continuing benefit • Recognize that limited resources are NAAHP. of the American people. The FWS’ available; therefore the plan must be Aquatic Animal Health Program strives affordable, make sense to stakeholders, Such a committee could be to conserve our nation’s fisheries and and be capable of implementation; and established as a permanent advisory aquatic resources. • Develop standards that are committee—chartered under the Federal Once the JSA commissioned the task consistent with World Trade Advisory Committee Act (FACA)—to force to develop the NAAHP, the task Organization and World Organization the Federal agencies responsible for force recognized that the first outreach for Animal Health (OIE) guidelines and, implementing programs related to the activity would be to bring together all to the extent possible, are consistent NAAHP. Alternatively, it could be interested parties, inform them of the with Federal, State, and tribal created as a subcommittee of a currently intent to develop a plan, and request regulations already in existence in the established FACA committee, such as their recommendations regarding United States. the Secretary’s Advisory Committee on content. The recommendations from Foreign Animal and Poultry Diseases Recommendations and Implementation stakeholders shaped the mission and the within the USDA. In either case, the objectives for the NAAHP, which was While the NAAHP is not a regulation, Advisory Committee structure can again vetted by interested parties and it provides general principles and provide information to agencies reviewed by the JSA itself. The mission guidelines for how the U.S. Federal regarding issues of importance and, in of the NAAHP is to: Agencies with jurisdiction over aquatic • an environment of fiscal conservation, Facilitate the legal movement of all animal health (APHIS, NMFS, and FWS) assist the Federal agencies in allocating aquatic animals, their eggs, and their should take action to protect our farmed resources for aquatic animal health products in interstate and international and wild resources, facilitate safe issues appropriately. Such an advisory commerce; commerce, and make available committee should be large enough to • Protect the health and thereby laboratory testing, training, and other ensure broad stakeholder improve the quality and productivity of programs as needed to implement the representation, but small enough to farmed and wild aquatic animals; NAAHP. The key recommendations • ensure its effectiveness. Ensure the availability of made by the task force are related to the diagnostic, inspection, and certification following areas: The next step is for the Federal services; and • Prevention of the introduction or agencies to take the recommendations • Minimize the impacts of diseases spread of program aquatic animal and suggested actions in the Plan and when they occur in farmed or wild pathogens (PAAPs); make them into policies, guidelines, and aquatic animals. • Response to PAAPs and reportable if appropriate, regulations. As with the Following approval of the mission of aquatic animal pathogens (RAAPs); development of the NAAHP, the NAAHP by the JSA, the task force • Health certification; implementation must be a collaborative began soliciting information for the • Surveillance schemes for PAAPs process that includes information from contents of the chapters. Technical and RAAPs; States, tribes, industry, and other group meetings were held, at which • Laboratories, standardized testing, stakeholders, and the timeframe for information was solicited from industry, quality testing, and approved personnel; certain activities may be influenced by State, tribal, Federal and academic and available funding.

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Accessing and Commenting on the ADDRESSES: The FONSI is available for with all relevant federal and state NAAHP public review at the USDA Rural environmental laws and regulations. Utilities Service’s Web site—http:// Since RUS’ action will not result in We are making the NAAHP dated www.usda.gov/rus/water/ees/ea.htm or significant impacts to the quality of the October 2008 available to the public for at 1400 Independence Avenue, SW., human environment, the preparation of review and comment. We will consider Room 2244, Stop 1571, Washington, DC an Environmental Impact Statement all comments that we receive on or 20250–1571; and at Basin’s related to the proposed project is not before the date listed under the heading headquarters office located at 1717 East necessary. DATES at the beginning of this notice. Interstate Avenue, Bismarck, ND 58503– Dated: August 14, 2009. The NAAHP may be viewed on the 0564. Nivin Elgohary, Federal eRulemaking Web site (see CONTACTS: To obtain copies of the ADDRESSES above for instructions for Acting Assistant Administrator—Electric, FONSI or for further information, Rural Utilities Service. accessing Regulations.gov). You may contact Dennis Rankin, Environmental [FR Doc. E9–20076 Filed 8–20–09; 8:45 am] request paper copies of the draft Protection Specialist, USDA, Rural document by contacting the persons Utilities Service, 1400 Independence BILLING CODE 3410–15–P listed under FOR FURTHER INFORMATION Avenue, SW., Stop 1571 Washington, CONTACT. Please refer to the title of the DC 20250–1571, Telephone: (202) 720– DEPARTMENT OF AGRICULTURE draft document when requesting copies. 1953 or e-mail: The NAAHP may also be viewed at [email protected]. Natural Resources Conservation APHIS’ Web site at http:// SUPPLEMENTARY INFORMATION: Service www.aphis.usda.gov/animal_health/ Basin animal_dis_spec/aquaculture/, at FWS’ Electric proposes to construct a new 115.5 MW wind generation facility in Notice of Meeting of the Agricultural Web site at http://www.fws.gov/ Air Quality Task Force fisheries/, or at NOAA’s aquaculture north-central North Dakota. The project Web site at http://aquaculture.noaa.gov. will include seventy-seven (77) 1.5 MW AGENCY: Natural Resources The NAAHP is also available for review wind turbine generators and be located Conservation Service, United States in the APHIS reading room. approximately 15 miles south of Minot, Department of Agriculture. (Information on the location and hours North Dakota. Tetra Tech, an ACTION: Notice of meeting. of the APHIS reading room is listed environmental consulting firm, prepared an Environmental Report for SUMMARY: The Agricultural Air Quality under the heading ADDRESSES at the beginning of this notice.) RUS. RUS conducted an independent Task Force (AAQTF) will meet to evaluation of the Environmental Report continue discussions on air quality Dated: August 11, 2009. and agreed that it accurately assessed issues relating to agriculture. Kevin Shea, the impacts of the Proposal. RUS DATES: The meeting will convene at 8 Acting Administrator, Animal and Plant accepted the document as its a.m. on Wednesday through Friday, Health Inspection Service. Environmental Assessment and September 16–18, 2009, and conclude at Daniel M. Ashe, published the document for a 30-day 5 p.m. on Wednesday, 5 p.m. on Director, U.S. Fish and Wildlife Service. public comment period. The applicant Thursday, and 12 noon on Friday, Dated: August 11, 2009. is responsible for obtaining all permits respectively. A public comment period Samuel D. Rauch III, required to construct the Proposal. will be held on Thursday, September Deputy Assistant Administrator for Pursuant to 36 CFR 800.4(d)(1) of the 17, 2009. Individuals making oral Regulatory Programs, National Marine regulations (36 CFR Part 800) presentations should register at the Fisheries Service. implementing Section 106 of the meeting site and bring 50 copies of [FR Doc. E9–19702 Filed 8–20–09; 8:45 am] National Historic Preservation Act materials they would like distributed. (NHPA), 16 U.S.C. 470f, RUS made a BILLING CODE 3410–34–P ADDRESSES: The meeting will be held at finding that this Proposal will not affect the Embassy Suites on the River located historic properties. RUS received no at 101 East Locust Street, Des Moines, DEPARTMENT OF AGRICULTURE objection to this finding of effect from Iowa 50309; Telephone: (515) 244–1700. the North Dakota State Historic FOR FURTHER INFORMATION CONTACT: Rural Utilities Service Preservation Office or other consulting Michele Laur, Designated Federal parties. RUS has determined this Official, Department of Agriculture, Basin Electric Power Cooperative; finding of no historic properties affected Natural Resources Conservation Service, Notice of Finding of No Significant made pursuant to Section 106 of NHPA. Impact In accordance with the National 1400 Independence Avenue, SW., Room Environmental Policy Act, as amended 6165 South Building, Washington, DC AGENCY: Rural Utilities Service, USDA. (42 U.S.C. 4321 et seq.), the Council on 20013; Telephone: (202) 720–1858; or e- mail: [email protected]. ACTION: Notice of Finding of No Environmental Quality Regulations (40 Significant Impact. CFR 1500–1508), and RUS’ SUPPLEMENTARY INFORMATION: Notice of Environmental Policies and Procedures this meeting is given under the Federal SUMMARY: Notice is hereby given that (7 CFR Part 1794), RUS has determined Advisory Committee Act, 5 U.S.C. App. the Rural Utilities Service (RUS) has that the environmental impacts of the 2. Additional information concerning made a Finding of No Significant Impact Proposal have been adequately AAQTF may be viewed on the World (FONSI) with respect to a request from addressed and that no significant Wide Web at: http:// Basin Electric Power Cooperative for impacts to the quality of the human www.airquality.nrcs.usda.gov/AAQTF/. assistance to finance the construction, environment would result from the Agenda operation, and maintenance of a 115.5 construction and operation of the MW wind-powered electric generating Proposal. Any final action by RUS Wednesday, September 16, 2009 facility (the Proposal) in Ward County, related to the Proposal will be subject A. Welcome to Iowa North Dakota. to, and contingent upon, compliance B. Discussion of Iowa Air Quality Issues

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C. Discussion of Greenhouse Gas activities on the basis of race, color, address these natural resource concerns (Time will be reserved on September national origin, gender, religion, age, in the next decade. 17, 2009, to receive public comment. sexual orientation, or disability. On June 22, 2008, Congress Individual presentations will be limited Additionally, discrimination on the reauthorized the Soil and Water to 5 minutes.) basis of political beliefs and marital or Resources Conservation Act (RCA), 16 family status is also prohibited by Thursday, September 17, 2009 U.S.C. 2001–2009, through amendments statutes enforced by USDA (not all in the Food, Conservation, and Energy D. Discussion of Engine Emissions and prohibited bases apply to all programs). Act of 2008 (Pub. L. 110–246). In the Regulations Persons with disabilities who require reauthorization, Congress extended RCA E. Discussion of Reactive Nitrogen alternate means for communication of through 2018 and called for the first F. Public Comment Period program information (Braille, large report to be delivered to Congress by Friday, September 18, 2009 print, audio tape, etc.) should contact January 2011. RCA provides the the USDA’s Target Center at: (202) 720– G. Discussion of Subcommittee Department of Agriculture (USDA) with 2000 (voice and TDD). USDA is an equal broad strategic assessment and planning Recommendations opportunity provider and employer. H. Next Meeting, Time, and Place authority and calls for the development *Please note that the timing of events Signed this 18th day of August, 2009, in of a national program to guide USDA Washington, DC. in the agenda is subject to change to activities for the conservation, accommodate changing schedules of Dave White, protection, and enhancement of soil, expected speakers. Chief. water, and related natural resources. [FR Doc. E9–20137 Filed 8–20–09; 8:45 am] Through RCA, USDA appraises the Procedural BILLING CODE 3410–16–P status and trends of soil, water, and This meeting is open to the public. At related resources on non-Federal land; the discretion of the Chairman, assesses their capability to meet present members of the public may give oral DEPARTMENT OF AGRICULTURE and future demands; evaluates current presentations during the meeting. Those and needed programs, policies, and wishing to make oral presentations Natural Resources Conservation authorities; and develops a national soil should register in person at the meeting Service and water conservation program to give site. Those wishing to distribute written Soil and Water Resources direction for USDA soil and water material at the meeting (in conjunction Conservation Act conservation activities. with spoken comments), must bring 50 Public participation is a central copies of the material. AGENCY: Natural Resources element of the RCA process. USDA will Information on Services for Individuals Conservation Service, United States hold listening sessions to provide the With Disabilities Department of Agriculture. public with an opportunity to comment ACTION: Notice of public meeting. on conservation priorities, program For information on facilities or approaches, future conservation needs, services for individuals with SUMMARY: The Natural Resources and opportunities to improve the disabilities, or to request special Conservation Service (NRCS) will hold appraisal process. assistance at the meeting, please contact a public meeting to gather stakeholder Ms. Laur. USDA prohibits input on important natural resource DATES: The meeting will be held on the discrimination in its programs and concerns and program approaches to following date and location:

Meeting location Date Local time Co-host

Charleston Marriott Town Center, 200 Lee Street 9/14/09 10:30 a.m.–12:30 p.m. ... National Association of Conservation Agencies— East, Charleston, West Virginia 25301. Annual Meeting.

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Denise Coleman, Acting Director, Debbie McIntosh, Committee Strategic and Performance Planning Forest Service Coordinator, USDA. Mendocino Division, Department of Agriculture, National Forest, Upper Lake Ranger Lake County Resource Advisory Natural Resources Conservation Service, District, 10025 Elk Mountain Road, Committee 1400 Independence Avenue, SW., Room Upper Lake, CA 95485. (707) 275–2361: 4237, South Building, Washington, DC AGENCY: Forest Service, USDA. E-mail [email protected]. 20250; Telephone: (202) 690–0467; or ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Agenda Fax: (202) 720–3057. Submit electronic items to be covered include: (1) Roll requests for additional information to: SUMMARY: The Lake County Resource Call/Establish Quorum; (2) Review [email protected]. Advisory Committee (RAC) will hold a meeting. Minutes from the May 14, 2009 Meeting; Signed this 18th day of August, 2009, in DATES: The meeting will be held on (3) Project Review and Discussion; (4) Washington, DC. September 10, 2009, from 3 p.m. to 5 Recommend Projects/Vote; (5) Discuss Dave White, p.m. Project Cost Accounting USFS/County Chief. of Lake; (6) Set Next Meeting Date; (7) ADDRESSES: The meeting will be held at Public Comment Period: Public input [FR Doc. E9–20138 Filed 8–20–09; 8:45 am] the Lake County Board of Supervisor’s opportunity will be provided and BILLING CODE 3410–16–P Chambers at 255 North Forbes Street, Lakeport or Conference Room C. individuals will have the opportunity to

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address the Committee at that time; (8) Clearance Officer, Diana Hynek, postponed. On August 13, 2009, Hilex Adjourn. Department of Commerce, Room 7845, Poly Co., LLC, and Superbag Dated: August 11, 2009. 14th and Constitution Avenue, NW., Corporation (the petitioners) made Lee D. Johnson, Washington, DC 20230 or via the timely requests pursuant to 19 CFR Internet at [email protected]. 351.205(b)(2) and (e) for postponement Designated Federal Officer. Send comments on the proposed [FR Doc. E9–20066 Filed 8–20–09; 8:45 am] of the preliminary determinations in information collection within 30 days of these investigations. BILLING CODE 3410–11–M publication of this notice to Paul Bugg, OMB Desk Officer, via e-mail at Taiwan [email protected] or by fax at (202) DEPARTMENT OF COMMERCE 395–7245. With regard to Taiwan, the petitioners requested a 42–day postponement of the Submission for OMB Review; Dated: August 18, 2009. preliminary determination in order to Comment Request Gwellnar Banks, allow the Department additional time to Management Analyst, Office of Chief resolve a number of issues in the The Department of Commerce will Information Officer. investigation. submit to the Office of Management and [FR Doc. E9–20122 Filed 8–20–09; 8:45 am] For reasons identified by the Budget (OMB) for clearance the BILLING CODE 3510–06–P following proposal for collection of petitioners and because there are no information under the provisions of the compelling reasons to deny the request, Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE the Department is postponing the Chapter 35). deadline for the preliminary Agency: Bureau of Economic International Trade Administration determination in accordance with Analysis. [A–560–822, A–583–843, A–552–806] section 733(c)(1)(A) of the Act and 19 Title: Quarterly Survey of Insurance CFR 351.205(b)(2) and (e) by 42 days to Transactions by U.S. Insurance Postponement of Preliminary October 19, 2009. The deadline for the Companies with Foreign Persons. Determination of Antidumping Duty final determination will continue to be OMB Control Number: 0608–0066. Investigations: Polyethylene Retail 75 days after the date of the preliminary Form Number(s): BE–45. Carrier Bags from Indonesia, Taiwan, determination, unless extended. Type of Request: Extension of a and the Socialist Republic of Vietnam currently approved collection. Indonesia and Vietnam Burden Hours: 9,600. AGENCY: Import Administration, Number of Respondents: 1,200. International Trade Administration, With regard to Indonesia and Average Hours per Response: 8. Department of Commerce. Vietnam, the petitioners requested a 50– Needs and Uses: The U.S. EFFECTIVE DATE: August 21, 2009. day postponement of the preliminary Government requires data from the BE– FOR FURTHER INFORMATION CONTACT: determinations in order to allow the 45, Quarterly Survey of Insurance Yang Jin Chun at (202) 482–5760 Department additional time to resolve a Transactions by U.S. Insurance (Indonesia) or Dmitry Vladimirov at number of complex issues in the Companies with Foreign Persons, to (202) 482–0665 (Taiwan), AD/CVD investigations. obtain accurate and up-to-date Operations, Office 5; Maisha Cryor at For reasons identified by the information on transactions in (202) 482–5831 (Socialist Republic of petitioners and because there are no reinsurance and other insurance Vietnam), AD/CVD Operations, Office 4, compelling reasons to deny the requests, transactions between U.S. insurance Import Administration, International the Department is postponing the companies and foreign persons. The Trade Administration, U.S. Department deadline for the preliminary th data collected will be used in of Commerce, 14 Street and determinations in accordance with monitoring U.S. exports and imports of Constitution Avenue, NW, Washington, section 733(c)(1)(A) of the Act and 19 insurance services; analyzing their DC 20230. CFR 351.205(b)(2) and (e) by 50 days to impact on the U.S. and foreign SUPPLEMENTARY INFORMATION: October 27, 2009. The deadline for the economies; supporting U.S. final determinations will continue to be international commercial policy on such Postponement of Preliminary services; compiling the international Determinations 75 days after the date of the preliminary transactions; national income and On April 20, 2009, the Department of determinations, unless extended. product, and input-output accounts of Commerce (the Department) initiated This notice is issued and published the United States; assessing U.S. the antidumping duty investigations on pursuant to section 733(c)(2) of the Act competitiveness in international trade polyethylene retail carrier bags from and 19 CFR 351.205(f)(1). in services; and improving the ability of Indonesia, Taiwan, and the Socialist Dated: August 17, 2009. U.S. businesses to identify and evaluate Republic of Vietnam. See Polyethylene market opportunities. Retail Carrier Bags From Indonesia, Carole A. Showers, Affected Public: Business or other for- Taiwan, and the Socialist Republic of Acting Deputy Assistant Secretary for Policy profit organizations. Vietnam: Initiation of Antidumping and Negotiations. Frequency: Quarterly. Duty Investigations, 74 FR 19049 (April [FR Doc. E9–20140 Filed 8–20–09; 8:45 am] Respondents Obligation: Mandatory. 27, 2009). The notice of initiation stated BILLING CODE 3510–DS–S Legal Authority: Title 22 U.S.C., that the Department would issue its sections 3101–3108, as amended. preliminary determinations for these OMB Desk Officer: Paul Bugg, (202) investigations no later than 140 days 395–3093. after the issuance of the initiation in Copies of the above information accordance with section 733(b)(1)(A) of collection proposal may be obtained by the Tariff Act of 1930, as amended (the writing Departmental Paperwork Act), and 19 CFR 351.205(b)(1) unless

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DEPARTMENT OF COMMERCE and the U.S. International Trade Petroleum Wax Candles from the Commission (‘‘ITC’’). A determination People’s Republic of China: Preliminary International Trade Administration may take place with or without a formal Determination of Sales at Less Than [A–570–504] inquiry. If the Department determines Fair Value, 51 Fed. Reg. 6016 (February that these descriptions are dispositive of 19, 1986); Petroleum Wax Candles from Petroleum Wax Candles from the the matter, the Department will issue a the People’s Republic of China: Final People’s Republic of China: Request final scope ruling as to whether or not Determination of Sales at Less Than for Comments on the Scope of the the subject merchandise is covered by Fair Value, 51 Fed. Reg. 25085 (July 10, Antidumping Duty Order and the the order. See 19 C.F.R. § 351.225(k)(1). 1986); and Order. However, while the Impact on Scope Determinations Conversely, where the descriptions of ITC adopted a similar definition of the the merchandise are not dispositive, the ‘‘domestic like product’’ subject to its AGENCY: Import Administration, Department will consider the five determinations, it noted that the International Trade Administration, additional factors set forth at 19 C.F.R. investigations did not include Department of Commerce. § 351.225(k)(2). These criteria are: (1) ‘‘birthday, birthday numeral and SUMMARY: The Department of Commerce the physical characteristics of the figurine type candles.’’ See Candles (‘‘Department’’) has considered certain merchandise; (2) the expectations of the from the People’s Republic of China: novelty candles (i.e., candles in the ultimate purchasers; (3) the ultimate use Determination of the Commission in shape of an identifiable object or with of the product; (4) the channels of trade Investigation No. 731–TA–282 (Final), holiday–specific design both being in which the product is sold; and (5) the Publication 1888 (August 1986) at 4, discernable from multiple angles) manner in which the product is note 5, and A–2. outside the scope of the Order. See advertised and displayed. The The ITC’s statement regarding Antidumping Duty Order: Petroleum determination as to which analytical birthday, birthday numeral and figurine Wax Candles from the People’s Republic framework is most appropriate in any type candles was echoed in the of China, 51 Fed. Reg. 30686 (August given scope inquiry is made on a case– Department’s instructions to the U.S. 28, 1986) (‘‘Order’’). These exclusions by-case basis after consideration of all Customs Service1 issued in connection were made in accordance with 19 C.F.R. evidence before the Department. with a July 1987 scope determination § 351.225(k)(1) and past Department In past scope determinations under concerning an exception from the Order practices. However, given the extremely the Order, the Department has relied on for novelty candles (CBP Notice), which large number of scope determinations the scope of the Petition, prior scope states: requested by outside parties, the determinations and documents from the The Department of Commerce has Department now seeks comments from ITC as guidance. We have noted that in determined that certain novelty the interested parties on the best its Antidumping Petition on Behalf of candles, such as Christmas novelty method to consider whether novelty the National Candle Association candles, are not within the scope of candles should or should not be (‘‘NCA’’), dated September 4, 1985 the antidumping duty order on included within the scope of the Order (‘‘Antidumping Petition’’), the NCA petroleum–wax candles from the given the extremely large number of requested that the investigation cover: People’s Republic of China (PRC). { } { } scope determinations requested by c andles which are made from Christmas novelty candles are outside parties. petroleum wax and contain fiber or candles specially designed for use DATES: Comments must be submitted no paper–cored wicks. They are sold in only in connection with the later than September 16, 2009. the following shapes: tapers, Christmas holiday season. This use spirals, and straight–sided dinner ADDRESSES: Written comments (original is clearly indicated by Christmas candles; rounds, columns, pillars; and six copies) should be sent to the scenes and symbols depicted in the votives; and various wax–filled Secretary of Commerce; Attn: Alex candle design. Other novelty containers. These candles may be Villanueva, Import Administration, candles not within the scope of the scented or unscented ... and are APO/Dockets Unit, Room 1870, U.S. order include candles having scenes generally used by retail consumers Department of Commerce, 14th Street & or symbols of other occasions (e.g., in the home or yard for decorative Constitution Ave., NW, Washington, DC religious holidays or special events) or lighting purposes. 20230. depicted in their designs, figurine See Antidumping Petition at 7. candles, and candles shaped in the FOR FURTHER INFORMATION CONTACT: Alex The Department adopted this scope form of identifiable objects (e.g., Villanueva, Program Manager, AD/CVD language in its notice of initiation. This animals or numerals). Operations, Office 9, Import scope language carried forward without Administration, U.S. Department of See CBP Notice. change through the preliminary and In November 2001, the Department Commerce, 14th Street & Constitution final determinations of sales at less than changed its practice on the issue of Ave., NW, Washington, DC 20230, fair value and the eventual antidumping candle shapes. See Final Scope Ruling telephone: (202) 482–3208. duty order: { } Antidumping Duty Order on Petroleum SUPPLEMENTARY INFORMATION: c ertain scented or unscented Wax Candles From the People’s petroleum wax candles made from Background Republic of China (A–570–504); JC petroleum wax and having fiber or Penney Purchasing Corporation, The regulations governing the paper–cored wicks. They are sold in (November 9, 2001) (‘‘JC Penney’’). In Department’s scope determinations are the following shapes: tapers, this ruling, the Department reviewed the found at 19 C.F.R. § 351.225. On matters spirals, and straight–sided dinner concerning the scope of an antidumping candles; rounds, columns, pillars, On July 28, 2006, the United States Customs duty order, the Department first votives; and various wax–filled Service since was renamed as the United States examines the descriptions of the containers. Bureau of Customs and Border Protection. See merchandise contained in the petition, See Petroleum Wax Candles from the Homeland Security Act of 2002, Pub. L. 107-296, § 1502, 116 Stat. 2135, 2308-09 (2002); the initial investigation, and the People’s Republic of China: Initiation of Reorganization Plan Modification for the determinations of the Secretary Antidumping Duty Investigation, 50 Department of Homeland Security, H.R. Doc. No. (including prior scope determinations) Fed. Reg. 39743 (September 30, 1985); 108-32, at 4 (2003).

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text of the scope of the Order, beginning this Order is greater than any other reconsidered given the increasing with the text of the first sentence of the antidumping duty order. It is evident number of requests for candle scope scope which covers ‘‘{c}ertain scented that the methodology adopted in JC determinations. or unscented petroleum wax candles Penny has resulted in uncertainty as to The Department intends to issue a made from petroleum wax and having what candles fall within the scope of the preliminary determination with respect fiber or paper–cored wicks.’’ See Order. Order, because this methodology to this issue 60 days after September 16, The Department stated in JC Penney requires that the Department examine 2009. Parties will then be able to file a that: {t}he text following this broad each individual candle in order to reach brief 30 days after the issuance of the inclusive sentence provides a list of a determination as to whether it preliminary determination and rebuttal shapes, which list is not modified by qualifies as a novelty candle. This briefs 10 days later. The Department any express words of exclusivity. The methodology has resulted in parties intends to issue a final determination result of our prior practice of excluding submitting an extremely large number of within 60 days after the receiving the candles of a shape other than those scope requests, hindering the comments to the draft response. listed was arguably inconsistent with Department’s ability to conduct a timely the fact that such candles were scented analysis of these requests. Pending Scope Determinations or unscented petroleum wax candles Request for Comments Given the overwhelming number of made from petroleum wax and having scope requests, we will not issue a fiber or paper–cored wicks.’ See JC As a result of the uncertainty driving determination on the pending scope Penney at 4–5, footnote 1. Furthermore, the growing number of requests for requests until we have completed our in JC Penney, the Department stated candles scope determinations and an analysis of the comments submitted by that: evaluation of the resources needed to interested parties. We now determine that this practice complete these analyses, the was incorrect because it had the Department is requesting that interested Submission of Comments effect of narrowing the broad parties, as defined by 19 U.S.C. Persons wishing to comment should coverage of the first sentence of the § 1677(9), provide comments on file one signed original and six copies Order’s scope. The list of shapes in whether it is proper to continue of each set of comments by the date the second sentence of the Order’s analyzing whether novelty candles are specified above. The Department will scope does not provide a textual outside the scope of the Order pursuant consider all comments received before basis for such a narrowing of the to the JC Penney methodology. the close of the comment period. coverage of the first sentence of the The Department will consider all Comments received after the end of the Order’s scope. Accordingly, in comments proposed by interested comment period will be considered, if order to give full effect to the first parties. However, we are proposing the possible, but their consideration cannot sentence of the inclusive language following two options: be assured. The Department will not of the scope, the Department in this accept comments accompanied by a and future cases normally will Option A request that a part or all of the material evaluate whether candles of a shape The Department would consider all be treated confidentially because of its not listed by the inclusive language candle shapes identified in the scope of business proprietary nature or for any of the Order’s scope are scented or the Order, (i.e., tapers, spirals, and other reason. The Department will unscented petroleum wax candles straight–sided dinner candles; rounds, made from petroleum wax and columns, pillars, votives; and various return such comments and materials to having fiber or paper–cored wicks. wax–filled containers) to be within the the persons submitting the comments See JC Penney at 5, footnote 1. Since scope of the Order, regardless of and will not consider them. All 2001, the Department has determined etchings, prints, moldings or other comments responding to this notice will that if the candle is made from artistic or decorative enhancements be a matter of public record and will be petroleum wax and has a fiber or paper– including any holiday–related art. All available for inspection and copying at cored wick it falls within the scope of other candle shapes would be Import Administration’s Central the Order regardless of shape unless the considered outside the scope of the Records Unit, Room 1117. The candle possesses the characteristics set Order. Department requires that comments be out in the CBP Notice, in which case a submitted in written form. The candle falls within the Department’s Option B Department recommends submission of novelty candle exception and is not The Department would consider all comments in electronic form to within the scope of the Order. candle shapes, including novelty accompany the required paper copies. candles, to be within the scope of the Comments filed in electronic form Issue of Concern Order including those not in the shapes should be submitted either by e–mail to The Department is reconsidering the listed in the scope of the Order, as that the Webmaster below, or on CD ROM, JC Penney methodology, given the large is not an exhaustive list of shapes, but as comments submitted on diskette is number of candles scope request simply an illustrative list of common likely to be damaged by postal radiation submitted each year, many of which candle shapes. treatment. Comments received in have claimed exclusion on the grounds The Department is not limiting its electronic form will be made available that they are novelty candles. Since the consideration to only these two options to the public in Portable Document JC Penney ruling in 2001, the and welcomes all interested parties to Format (PDF) on the Internet at the Department has issued 596 scope submit comments and proposals for Import Administration Web site at the determinations for this Order. Currently, conducting the increasing number of following address: http:// there are 308 pending candles scope requests for candle scope www.ia.ita.doc.gov. Any questions determinations. See Scope Requests determinations. We also invite concerning file formatting, document submitted by Trade Associates Group, interested parties to consider the conversion, access on the Internet, or Ltd., dated June 11, 2009, and Sourcing historical context in which the novelty other electronic filing issues should be International, LLC, dated June 25, 2009, exclusion was created and whether the addressed to Andrew Lee Beller, Import July 28, 2009. The volume of requests in basis for that exclusion should be Administration Webmaster, at (202) 482

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0866, e–mail address: SUPPLEMENTARY INFORMATION: An EFP is TABLE 1: ESTIMATED SAMPLE SIZE [email protected]. being requested for eight vessels Dated: August 14, 2009. participating in the Southern New Species #fish/month #fish total England (SNE) Flatfish Discard John M. Andersen, SNE 100 1200 Acting Deputy Assistant Secretary for Mortality Study conducted by the Yellowtail Antidumping and Countervailing Duty NOAA/University of Massachusetts Flounder Operations. Dartmouth School for Marine Science [FR Doc. E9–20139 Filed 8–20–09; 8:45 am] and Technology (SMAST) Cooperative SNE Winter 100 1200 BILLING CODE 3510–DS–S Marine Education and Research Flounder program. The primary objective of this Summer 100 1200 study is to assess the effects of different Flounder DEPARTMENT OF COMMERCE stressors on the mortality of flatfish discarded in the SNE and Mid-Atlantic Northern 100 1200 National Oceanic and Atmospheric trawl fisheries. The researchers would Window- Administration conduct field and lab observations of pane Floun- RIN 0648–XQ40 flatfish captured during regular der commercial fishing operations for Reflex Magnuson-Stevens Act Provisions; Southern 100 1200 Action Mortality Predictors (RAMP) Window- General Provisions for Domestic under different stressors to assess the pane Floun- Fisheries; Application for Exempted discard mortality rates of five flatfish der Fishing Permits species: SNE yellowtail flounder; SNE AGENCY: National Marine Fisheries winter flounder; summer flounder; For the field-based portion of the Service (NMFS), National Oceanic and northern windowpane flounder; and study, technicians would observe a Atmospheric Administration (NOAA), southern windowpane flounder. In minimum of 100 fish of each species on Commerce. addition, the applicants would use the commercial fishing trips for RAMP ACTION: Notice; request for comments. results of their study to assess the use before they are discarded at-sea. The of RAMP in estimating the mortality of applicants would require a temporary SUMMARY: The Assistant Regional each species within the flatfish exemption from the summer flounder Administrator for Sustainable Fisheries, complex. commercial minimum fish size Northeast Region, NMFS, has made a restriction at § 648.103(a), the NE preliminary determination that the The study would be conducted aboard multispecies minimum fish size subject exempted fishing permit (EFP) eight commercial fishing vessels in the restrictions at § 648.83, and the NE application contains all the required SNE and Mid-Atlantic mixed trawl multispecies possession restrictions at information and warrants further fishery beginning the date of issuance of §§ 648.86(g)(1), 648.86(n)(1), and consideration. Therefore, NMFS the EFP and continuing for a full year. 648.86(n)(2), for the time period when announces that the Assistant Regional All vessels would utilize otter trawl gear trained technicians or crew are Administrator proposes to recommend with gear configuration and mesh size sampling fish. To ensure that monthly that an EFP be issued that would allow dictated by current fishery regulations. sampling is not disrupted, the commercial fishing vessels to conduct NOAA/University of Massachusetts applicants have also requested vessels fishing operations that are otherwise technicians and/or commercial be exempt from the summer flounder restricted by the regulations governing fishermen would collect 100 fish of each closure specified at § 648.101(a) for the the fisheries of the Northeastern United species per month, during regular purposes of collecting the 100 live States. Regulations under the commercial fishing operations, for a specimens of each species each month. Magnuson-Stevens Fishery maximum catch of 6,000 fish over the The applicants may request minor Conservation and Management Act course of the 12-month study (Table 1). modifications and extensions to the EFP require publication of this notification Fish would be landed and transported throughout the course of research. EFP to provide interested parties the live to the SMAST seawater lab facility modifications and extensions may be opportunity to comment on applications for testing and would not be sold. The granted without further public notice if for proposed EFPs. applicants have requested an exemption they are deemed essential to facilitate DATES: completion of the proposed research Comments must be received on from NE multispecies possession or before September 8, 2009. and result in only a minimal change in restrictions for SNE yellowtail flounder, the scope or impacts of the initially ADDRESSES: Comments may be SNE winter flounder, and northern approved EFP request. submitted by email to windowpane flounder, specified at [email protected]. Written In accordance with NAO §§ 648.86(g)(1), 648.86(n)(1), and comments should be sent to Patricia A. Administrative Order 216–6, a 648.86(n)(2), respectively, in order to Kurkul, Regional Administrator, NMFS, Categorical Exclusion or other Northeast Regional Office, 55 Great land the live specimens in excess of appropriate National Environmental Republic Drive, Gloucester, MA 01930. possession limits. The applicants have Policy Act document would be Mark the outside of the envelope also requested an exemption from NE completed prior to the issuance of the ‘‘Comments on the SNE Flatfish Discard multispecies minimum fish sizes EFP. Further review and consultation Mortality EFP.’’ Comments may also be specified at § 648.83 and the summer may be necessary before a final sent via facsimile (fax) to (978) 281– flounder minimum fish size at determination is made to issue the EFP. 9135. § 648.103(a) in order to test a After publication of this document in representative sample of the age FOR FURTHER INFORMATION CONTACT: the Federal Register, the EFP, if Melissa Vasquez, Fishery Management composition of discarded flatfish. approved, may become effective Specialist, (978) 281–9166, fax (978) following the public comment period. 281–9135. Authority: 16 U.S.C. 1801 et seq.

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Dated: August 17, 2009. that require emergency action under the additions on the current or most Kristen Koch, section 305(c) of the Magnuson-Stevens recent contractors, the Committee has Acting Deputy Director, Office of Sustainable Act, provided the public has been determined that the products and Fisheries, National Marine Fisheries Service. notified of the Council’s intent to take services listed below are suitable for [FR Doc. E9–20096 Filed 8–20–09; 8:45 am] final action to address the emergency. procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51– BILLING CODE 3510–22–S Special Accommodations 2.4. This meeting is physically accessible Regulatory Flexibility Act Certification DEPARTMENT OF COMMERCE to people with disabilities. Requests for sign language interpretation or other I certify that the following action will National Oceanic and Atmospheric auxiliary aids should be directed to Paul not have a significant impact on a Administration J. Howard, Executive Director, at (978) substantial number of small entities. RIN 0648–XR02 465–0492, at least 5 days prior to the The major factors considered for this meeting date. certification were: 1. The action will not result in any New England Fishery Management Authority: 16 U.S.C. 1801 et seq. Council; Public Meeting additional reporting, recordkeeping or Dated: August 18, 2009. other compliance requirements for small AGENCY: National Marine Fisheries Tracey L. Thompson, entities other than the small Service (NMFS), National Oceanic and Acting Director, Office of Sustainable organizations that will furnish the Atmospheric Administration (NOAA), Fisheries, National Marine Fisheries Service. products and services to the Commerce. [FR Doc. E9–20097 Filed 8–20–09; 8:45 am] Government. ACTION: Notice of a public meeting. BILLING CODE 3510–22–S 2. The action will result in authorizing small entities to furnish the SUMMARY: The New England Fishery products and services to the Management Council (Council) is COMMITTEE FOR PURCHASE FROM Government. scheduling a joint public meeting of its PEOPLE WHO ARE BLIND OR 3. There are no known regulatory Whiting Committee and Advisory Panel SEVERELY DISABLED alternatives which would accomplish in September, 2009 to consider actions the objectives of the Javits-Wagner- affecting New England fisheries in the Procurement List: Additions and O’Day Act (41 U.S.C. 46–48c) in exclusive economic zone (EEZ). Deletion connection with the products and Recommendations from this group will services proposed for addition to the be brought to the full Council for formal AGENCY: Committee for Purchase From Procurement List. consideration and action, if appropriate. People Who Are Blind or Severely End of Certification DATES: The meeting will be held on Disabled. Monday, September 14, 2009 at 10 a.m. ACTION: Additions to and deletion from Accordingly, the following products and services are added to the ADDRESSES: The meeting will be held at Procurement List. Procurement List: the Holiday Inn, 31 Hampshire Street, SUMMARY: This action adds to the Mansfield, MA 02048: telephone: (508) Procurement List products and services Products 339–2200; fax: (508) 339–1040. to be furnished by nonprofit agencies NSN: 7510–00–NIB–0877—Binder, 3 D-Ring, Council address: New England employing persons who are blind or 100% Recycled 1’’ Black Fishery Management Council, 50 Water have other severe disabilities, and NSN: 7510–00–NIB–0879—Binder, 3 D-Ring, Street, Mill 2, Newburyport, MA 01950. deletes from the Procurement List a 100% Recycled 2’’ Black FOR FURTHER INFORMATION CONTACT: Paul service previously furnished by such NSN: 7510–00–NIB–0880—Binder, 3 D-Ring, 100% Recycled 3’’ Black J. Howard, Executive Director, New agencies. England Fishery Management Council; NSN: 7510–00–NIB–0885—Binder, 3 D-Ring, telephone: (978) 465–0492. DATES: Effective Date: 9/21/2009. 100% Recycled 1’’ Dark Green NSN: 7510–00–NIB–0887—Binder, 3 D-Ring, ADDRESSES: Committee for Purchase SUPPLEMENTARY INFORMATION: The 100% Recycled 2’’ Dark Green Oversight Committee and Advisory From People Who Are Blind or Severely NSN: 7510–00–NIB–0888—Binder, 3 D-Ring, Panel will begin developing draft Disabled, Jefferson Plaza 2, Suite 10800, 100% Recycled 3’’ Dark Green alternatives for Amendment 17, which 1421 Jefferson Davis Highway, Coverage: A-List for the total Government would revise regulations for small mesh Arlington, Virginia 22202–3259. requirement as aggregated by the General groundfish (whiting and red hake). FOR FURTHER INFORMATION CONTACT: Services Administration. Included in the amendment will be Barry S. Lineback, Telephone: (703) NSN: 7510–00–NIB–0878—Binder, 3 D-Ring, alternatives for annual catch limits 603–7740, Fax: (703) 603–0655, or e- 100% Recycled 1.5’’ Black mail [email protected]. NSN: 7510–00–NIB–0881—Binder, 3 D-Ring, (ACLs) and accountability measures 100% Recycled 1’’ Blue (AMs), limited access, catch allocations, SUPPLEMENTARY INFORMATION: NSN: 7510–00–NIB–0882—Binder, 3 D-Ring, and possibly measures to minimize Additions 100% Recycled 1.5’’ Blue bycatch. A report from the Whiting PDT NSN: 7510–00–NIB–0883—Binder, 3 D-Ring, will be given. Other related issues may On 6/19/2009 (74 FR 29187–29189) 100% Recycled 2’’ Blue be discussed. and 6/26/2009 (74 FR 30531–30532), the NSN: 7510–00–NIB–0884—Binder, 3 D-Ring, Although non-emergency issues not Committee for Purchase From People 100% Recycled 3’’ Blue contained in this agenda may come Who Are Blind or Severely Disabled NSN: 7510–00–NIB–0886—Binder, 3 D-Ring, before this group for discussion, those published notices of proposed additions 100% Recycled 1.5’’ Dark Green Coverage: B-List for the broad Government issues may not be the subject of formal and deletion to the Procurement List. requirement as aggregated by the General action during this meeting. Action will After consideration of the material Services Administration. be restricted to those issues specifically presented to it concerning capability of NPA: South Texas Lighthouse for the Blind, listed in this notice and any issues qualified nonprofit agencies to provide Corpus Christi, TX arising after publication of this notice the products and services and impact of Contracting Activity: Federal Acquisition

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Service, GSA/FSS OFC SUP CTR—Paper FORCE, FA4528 5 CONS LGC, MINOT and services to be furnished by Products, New York, NY. AFB, ND. nonprofit agencies employing persons NSN: 6545–00–NIB–0088—Kit, Ambulance who are blind or have other severe NPA: Bosma Industries for the Blind, Inc., Deletion disabilities, and to delete a product Indianapolis, IN On 6/26/2009 (74 FR 30531–30532), previously furnished by such agencies. Contracting Activity: VETERANS AFFAIRS, the Committee for Purchase From Comments Must Be Received on or DEPARTMENT OF, NAC, HINES, IL. Before: September 21, 2009. Coverage: C-List for the total Department of People Who Are Blind or Severely Veterans Affairs requirement. Disabled published notice of proposed ADDRESSES: Committee for Purchase NSN: 6545–00–NIB–0091—Accelerate-OR JB deletion from the Procurement List. From People Who Are Blind or Severely Kit After consideration of the relevant Disabled, Jefferson Plaza 2, Suite 10800, NSN: 6545–00–NIB–0090—Accelerate-OR A matter presented, the Committee has 1421 Jefferson Davis Highway, Kit determined that the service listed below Arlington, Virginia 22202–3259. NSN: 6545–00–NIB–0089—Accelerate-OR M is no longer suitable for procurement by For Further Information or to Submit Kit the Federal Government under 41 U.S.C. Comments Contact: Barry S. Lineback, NSN: 6545–00–NIB–0074—Accelerate-OR R 46–48c and 41 CFR 51–2.4. Telephone: (703) 603–7740, Fax: (703) Kit 603–0655, or e-mail NPA: Bosma Industries for the Blind, Inc., Regulatory Flexibility Act Certification [email protected]. Indianapolis, IN Contracting Activity: VETERANS AFFAIRS, I certify that the following action will SUPPLEMENTARY INFORMATION: This DEPARTMENT OF, NAC, HINES, IL. not have a significant impact on a notice is published pursuant to 41 U.S.C Coverage: C-List for the total Department of substantial number of small entities. 47(a) (2) and 41 CFR 51–2.3. Its purpose Veterans Affairs requirement. The major factors considered for this is to provide interested persons an NSN: 7510–00–L98–0032—Tape, Pressure certification were: opportunity to submit comments on the Sensitive, Package Sealing 110yd 1. The action will not result in proposed actions. NSN: 7510–00–L98–0033—Tape, Pressure additional reporting, recordkeeping or Sensitive, Package Sealing 110yd other compliance requirements for small Additions NSN: 7510–00–L98–0037—Tape, Pressure entities. If the Committee approves the Sensitive, Package Sealing 110yd 2. The action may result in proposed additions, the entities of the NPA: Cincinnati Association for the Blind, authorizing small entities to furnish the Cincinnati, OH Federal Government identified in this Contracting Activity: Defense Logistics service to the Government. notice for each product or service will Agency, Defense Distribution Center, 3. There are no known regulatory be required to procure the products and New Cumberland, PA. alternatives which would accomplish services listed below from nonprofit Coverage: C-list for the total Defense Logistics the objectives of the Javits-Wagner- agencies employing persons who are Agency requirement. O’Day Act (41 U.S.C. 46–48c) in blind or have other severe disabilities. NSN: 7530–01–418–1314—Folder, File, connection with the service deleted Classification from the Procurement List. Regulatory Flexibility Act Certification NPA: The Clovernook Center for the Blind, I certify that the following action will End of Certification Cincinnati, OH not have a significant impact on a Contracting Activity: FEDERAL Accordingly, the following service is substantial number of small entities. ACQUISITION SERVICE, GSA/FSS OFC deleted from the Procurement List: SUP CTR—PAPER PRODUCTS, NEW The major factors considered for this certification were: YORK, NY. Service: Coverage: A-List for the total Government 1. If approved, the action will not requirement as aggregated by the General Service Type/Location: Janitorial/Custodial, result in any additional reporting, Services Administration. U.S. Army Reserve Center, 950 New recordkeeping or other compliance Castle Road, Farrell, PA. Services: requirements for small entities other NPA: Unknown (No Performing Agency). than the small organizations that will Contracting Activity: Dept of the Army, XR Service Type/Location: Acquisition Support furnish the products and services to the Services, DCMA Headquarters, 6350 W40M NATL Region Contract OFC, Walker Lane, Alexandria, VA. Washington, DC. Government. NPA: Virginia Industries for the Blind, 2. If approved, the action will result Charlottesville, VA. Barry S. Lineback, in authorizing small entities to furnish Contracting Activity: Defense Contract Director, Business Operations. the products and services to the Management Agency (DCMA), Government. Alexandria, VA. [FR Doc. E9–20115 Filed 8–20–09; 8:45 am] 3. There are no known regulatory Service Type/Location: Grounds Maintenance BILLING CODE 6353–01–P alternatives which would accomplish Services, US Army Reserve Center at the objectives of the Javits-Wagner- Perimeter Park, 7077 Perimeter Park Dr, O’Day Act (41 U.S.C. 46–48c) in COMMITTEE FOR PURCHASE FROM Houston, TX. connection with the products and PEOPLE WHO ARE BLIND OR NPA: On Our Own Services, Inc., Houston, services proposed for addition to the TX. SEVERELY DISABLED Contracting Activity: Dept. of the Army, XR Procurement List. W6BB ACA Presidio of Monterey, CA. Procurement List Proposed Additions Comments on this certification are invited. Commenters should identify the Service Type/Location: Janitorial Services, and Deletion Coast Guard Island, Alameda, CA. statement(s) underlying the certification NPA: Calidad Industries, Inc., Oakland, CA. AGENCY: Committee for Purchase From on which they are providing additional Contracting Activity: U.S. Coast Guard, MLC People Who Are Blind or Severely information. Disabled. PacifiC (VPL), Alameda, CA. End of Certification Service Type/Location: Switchboard ACTION: Proposed additions to and Services, Minot Air Force Base, 211 deletion from Procurement List. The following products and services Missile Ave., Minot AFB, ND. are proposed for addition to NPA: MVW Services, Inc., Minot, ND. SUMMARY: The Committee is proposing Procurement List for production by the Contracting Activity: DEPT OF THE AIR to add to the Procurement List products nonprofit agencies listed:

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Products Suffolk Facility, 5611 Columbia Pike, Machine. NSN: 6660–00–920–3722—Rain Gauge, 4’’ Alexandria, VA. NPA: Tarrant County Association for the NPA: Productive Alternatives, Inc., Fergus Dahlgren Facilities, 17211 Avenue D, Blind, Fort Worth, TX. Falls, MN Dahlgren, VA. Contracting Activity: GSA/FSS OFC SUP Contracting Activity: Dept of Commerce, NPA: Huntsville Rehabilitation Foundation, CTR—Paper Products, New York, NY. Huntsville, AL. Office of the Secretary/NOAA, Kansas, Barry S. Lineback, MO. Contracting Activity: Dept of Defense, Missile Coverage: C-List for the requirements of the Defense Agency (MDA), Redstone Director, Business Operations. Dept of Commerce, Office of the Arsenal, AL. [FR Doc. E9–20116 Filed 8–20–09; 8:45 am] Secretary/NOAA. Service Type/Location: Receptionist and BILLING CODE 6353–01–P NSN: 6545–00–NSH–0032—Combat Security Services, Lyng Service Center, Lifesavers Kit USDA NRCS California State Office, 430 NPA: ServiceSource, Inc., Alexandria, VA G. Street, # 4164, Davis, CA. Contracting Activity: Dept of the Navy, NPA: Pacific Coast Community Services, DEPARTMENT OF DEFENSE Marine Corps Air Facility/Contracting Richmond, CA. Office. Contracting Activity: Dept of Agriculture, Office of the Secretary Coverage: C-List for the requirements of the Natural Resources Conservation Service, Soil Conservation Service, Davis, CA. Dept of the Navy, Marine Corps Air [Transmittal Nos. 09–35] Facility/Contracting Office. Deletion Services 36(b)(1) Arms Sales Notification Regulatory Flexibility Act Certification Service Type/Location: Base Supply Center, AGENCY: Department of Defense, Defense I certify that the following action will USDA, Headquarters, 1400 Security Cooperation Agency. Independence Ave, SW., Washington, not have a significant impact on a DC. substantial number of small entities. ACTION: Notice. NPA: Winston-Salem Industries for the The major factors considered for this SUMMARY: The Department of Defense is Blind, Winston-Salem, NC. certification were: Contracting Activity: Dept of Agriculture— 1. If approved, the action will not publishing the unclassified text of a USDA, Office of Operations, result in additional reporting, section 36(b)(1) arms sales notification. Washington, DC. recordkeeping or other compliance This is published to fulfill the Service Type/Location: Janitorial and requirements for small entities. requirements of section 155 of Public Grounds Maintenance Service, USDA– 2. If approved, the action may result Law 104–164 dated 21 July 1996. ARS, 2000 E. Allen Rd, Tucson, AZ. in authorizing small entities to furnish FOR FURTHER INFORMATION CONTACT: Ms. NPA: Beacon Group SW, Inc., Tucson, AZ. the product to the Government. B. English, DSCA/DBO/CFM, (703) 601– Contracting Activity: Dept Of Agriculture— 3740. USDA, Agricultural Research Service, 3. There are no known regulatory PWA Area Procurement Office, Albany, alternatives which would accomplish The following is a copy of a letter to CA. the objectives of the Javits-Wagner- the Speaker of the House of Service Type/Locations: Custodial Services, O’Day Act (41 U.S.C. 46–48c) in Representatives, Transmittals 09–35 Bradford Facility, 5000 Bradford Drive, connection with this product proposed with attached transmittal, policy Huntsville, AL. for deletion from the Procurement List. justification, and Sensitivity of Huntsville Warehouse, 151 Electronics Technology. End of Certification Blvd and 351 Electronics Blvd, Dated: August 12, 2009. Huntsville, AL. The following product is proposed for Patricia L. Toppings, Wynn Facility, 106 Wynn Drive, deletion from the Procurement List: Huntsville, AL. OSD Federal Register Liaison Officer, Cheverly Warehouse, 6340 Columbia Park Product Department of Defense. Road, Cheverly, MD. NSN: 7530–00–731–5363—Paper, Tabulating BILLING CODE 5001–06–M

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[FR Doc. E9–20004 Filed 8–20–09; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 09–33 publishing the unclassified text of a with attached transmittal, policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification, and Sensitivity of Technology. Office of the Secretary This is published to fulfill the requirements of section 155 of Public Dated: August 12, 2009. [Transmittal Nos. 09–33] Law 104–164 dated 21 July 1996. Patricia L. Toppings, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. OSD Federal Register Liaison Officer, B. English, DSCA/DBO/CFM, (703) 601– Department of Defense. AGENCY: Department of Defense, Defense 3740. Security Cooperation Agency. BILLING CODE 5001–06–M

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[FR Doc. E9–20005 Filed 8–20–09; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 09–45 publishing the unclassified text of a with attached transmittal and policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification. Office of the Secretary This is published to fulfill the Dated: August 12, 2009. requirements of section 155 of Public Patricia L. Toppings, [Transmittal Nos. 09–45] Law 104–164 dated 21 July 1996. OSD Federal Register Liaison Officer, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– AGENCY: Department of Defense, Defense BILLING CODE 5001–06–M 3740. Security Cooperation Agency.

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[FR Doc. E9–20006 Filed 8–20–09; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 09–49 publishing the unclassified text of a with attached transmittal, policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification, and Sensitivity of Technology. Office of the Secretary This is published to fulfill the requirements of section 155 of Public Dated: August 12, 2009. [Transmittal Nos. 09–49] Law 104–164 dated 21 July 1996. Patricia L. Toppings, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. OSD Federal Register Liaison Officer, B. English, DSCA/DBO/CFM, (703) 601– Department of Defense. AGENCY: Department of Defense, Defense 3740. Security Cooperation Agency.

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BILLING CODE 5001–06–M ACTION: Notice. Representatives, Transmittals 09–52 [FR Doc. E9–20019 Filed 8–20–09; 8:45 am] with attached transmittal, policy BILLING CODE 5001–06–C SUMMARY: The Department of Defense is justification, and sensitivity of publishing the unclassified text of a technology. section 36(b)(1) arms sales notification. DEPARTMENT OF DEFENSE This is published to fulfill the Dated: August 12, 2009. requirements of section 155 of Public Patricia L. Toppings, Office of the Secretary Law 104–164 dated 21 July 1996. OSD Federal Register Liaison Officer, [Transmittal Nos. 09–52] FOR FURTHER INFORMATION CONTACT: Ms. Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– 36(b)(1) Arms Sales Notification 3740. AGENCY: Department of Defense, Defense The following is a copy of a letter to Security Cooperation Agency. the Speaker of the House of

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BILLING CODE 5001–06–M ACTION: Notice. Representatives, Transmittals 09–42 [FR Doc. E9–20018 Filed 8–20–09; 8:45 am] with attached transmittal, policy BILLING CODE 5001–06–C SUMMARY: The Department of Defense is justification, and sensitivy of publishing the unclassified text of a technology. section 36(b)(1) arms sales notification. DEPARTMENT OF DEFENSE This is published to fulfill the Dated: August 12, 2009. requirements of section 155 of Public Patricia L. Toppings, Office of the Secretary Law 104–164 dated 21 July 1996. OSD Federal Register Liaison Officer, [Transmittal Nos. 09–42] FOR FURTHER INFORMATION CONTACT: Ms. Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– 36(b)(1) Arms Sales Notification 3740. AGENCY: Department of Defense, Defense The following is a copy of a letter to Security Cooperation Agency. the Speaker of the House of

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BILLING CODE 5001–06–M ACTION: Notice. Representatives, Transmittals 09–40 [FR Doc. E9–20012 Filed 8–20–09; 8:45 am] with attached transmittal, policy BILLING CODE 5001–06–C SUMMARY: The Department of Defense is justification, and Sensitivity of publishing the unclassified text of a Technology. section 36(b)(1) arms sales notification. DEPARTMENT OF DEFENSE BILLING This is published to fulfill the Dated: August 12, 2009. requirements of section 155 of Public Patricia L. Toppings, Office of the Secretary Law 104–164 dated 21 July 1996. OSD Federal Register Liaison Officer, [Transmittal Nos. 09–40] FOR FURTHER INFORMATION CONTACT: Ms. Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– BILLING CODE 5001–06–M 36(b)(1) Arms Sales Notification 3740. AGENCY: Department of Defense, Defense The following is a copy of a letter to Security Cooperation Agency. the Speaker of the House of

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[FR Doc. E9–20011 Filed 8–20–09; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 09–43 publishing the unclassified text of a with attached transmittal, policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification, and Sensitivity of Technology. Office of the Secretary This is published to fulfill the requirements of section 155 of Public Dated: August 12, 2009. [Transmittal Nos. 09–43] Law 104–164 dated 21 July 1996. Patricia L. Toppings, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. OSD Federal Register Liaison Officer, B. English, DSCA/DBO/CFM, (703) 601– Department of Defense. AGENCY: Department of Defense, Defense 3740. Security Cooperation Agency. BILLING CODE 5001–06–M

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[FR Doc. E9–20009 Filed 8–20–09; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 09–48 publishing the unclassified text of a with attached transmittal and policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification. Office of the Secretary This is published to fulfill the Dated: August 12, 2009. requirements of section 155 of Public Patricia L. Toppings, [Transmittal Nos. 09–48] Law 104–164 dated 21 July 1996. OSD Federal Register Liaison Officer, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– AGENCY: Department of Defense, Defense BILLING CODE 5001–06–M 3740. Security Cooperation Agency.

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[FR Doc. E9–20008 Filed 8–20–09; 8:45 am] part of Lake Texoma, a multipurpose The draft EIS will be available for BILLING CODE 5001–06–C reservoir located along the Red River in public review and comment. While the Oklahoma and Texas. The lands subject specific date for release of the draft EIS to this action are located east of has yet to be determined, all interested DEPARTMENT OF DEFENSE Kingston, Oklahoma along the western agencies, tribes, organizations and shore of the Washita River Arm of Lake parties expressing an interest in this Department of the Army; Corps of Texoma in Marshall County, OK. action will be placed on a mailing list Engineers Conveyed lands are anticipated to be for receipt of the draft EIS. In order to subject to development, in conjunction Intent To Prepare an Environmental be considered, any comments and with development of lands previously Impact Statement for the Conveyance suggestions should be forwarded to (see conveyed and adjacent private lands, to of Federal Lands at Lake Texoma to ADDRESSES) in accordance with dates include such features as single and the State of Oklahoma, Marshall specified upon release of the draft EIS. multi-family residential housing, hotel County, OK Dated: August 11, 2009. and conference facilities, restaurants, Anthony C. Funkhouser, AGENCY: Department of the Army, U.S. golf course(s), retail and commercial Army Corps of Engineers, DoD. space, public boat ramp(s), beach and Colonel, U.S. Army, District Commander. [FR Doc. E9–20132 Filed 8–20–09; 8:45 am] ACTION: Notice of Intent. camping amenities, courtesy boat slips, and related commercial development BILLING CODE 3720–58–P SUMMARY: The purpose of the facilities. Environmental Impact Statement (EIS) Reasonable alternatives to be is to address alternatives and considered include varying amounts of DEPARTMENT OF DEFENSE environmental impacts associated with acreages to be conveyed, alternative the conveyance of approximately 1,022 deed restrictions on conveyed lands, Department of the Army acres of Federal land located in varying development features and Corps of Engineers: Intent To Prepare Marshall County, Oklahoma, at Lake locations, alternative locations and a Draft Environmental Impact Texoma, Oklahoma and Texas, to the nature of shoreline development, and no Statement for Proposed Lake on State of Oklahoma. action. Yellow Creek in Lamar County, AL Issues to be addressed in the EIS ADDRESSES: Questions or comments (Department of Army Permit Number include but are not limited to: (1) concerning the proposed action should SAM–2005–4302–MNS) be addressed to Mr. Stephen L. Nolen, Socioeconomic impacts associated with Chief, Environmental Analysis and planned development, (2) matters AGENCY: Department of the Army, U.S. Compliance Branch, Tulsa District, U.S. pertaining to shoreline management and Army Corps of Engineers, DOD. Army Corps of Engineers, CESWT–PE– development, (3) potential impacts to ACTION: Notice of Intent. E, 1645 S. 101st E. Ave., Tulsa, OK cultural and ecological resources, (4) 74128–4629. public access and safety, (5) impacts to SUMMARY: The Mobile District, U.S. lake use, public parks and recreation, (6) Army Corps of Engineers (Corps) FOR FURTHER INFORMATION CONTACT: Mr. aesthetics, (7) water and wastewater intends to prepare a Draft Stephen L. Nolen, (918) 669–7660, fax: infrastructure, (8) lake water quality, (9) Environmental Impact Statement (DEIS) (918) 669–7546, e-mail: traffic patterns, (10) terrestrial and to address the potential impacts [email protected]. aquatic fish and wildlife habitat, (11) associated with construction of a 2,040- SUPPLEMENTARY INFORMATION: The Water Federally-listed threatened and acre water supply lake along Yellow Resources Development Act of 1999 endangered species, (12) potential use of Creek in Lamar County, AL. The Corps (Pub. L. 106–53 113 Stat. 359) directed dry-stack boat storage or other boat will be evaluating the proposed project the Secretary of the Army (Secretary) to storage methods, and (13) cumulative under the authority of Section 404 of the convey to the State of Oklahoma, at fair impacts associated with past, current, Clean Water Act. The DEIS will be used market value, all right, title and interest and reasonably foreseeable future as a basis for ensuring compliance with of the United States in and to actions at Lake Texoma. the National Environmental Policy Act approximately 1,580 acres of land A public scoping meeting for the (NEPA). located in Marshall County, OK and action will be conducted in early fall, DATES: A public scoping meeting will be leased to the State of Oklahoma for 2009 in Kingston, OK or the vicinity. held on October 15, 2009. public park and recreation purposes. In News releases and notices informing the ADDRESSES: The public scoping meeting 2005, approximately 558 acres of these public and local, state, and Federal will be held at the Lamar County agencies of the proposed action and date lands were conveyed to the State of Courthouse, Third Floor Courtroom, of the public scoping meeting will be Oklahoma through the Oklahoma 44690 Highway 17, Vernon, Alabama published in local newspapers. Commissioners of the Land Office. The 35592. State of Oklahoma, through the Comments received as a result of this Oklahoma Tourism and Recreation notice, news releases, and the public FOR FURTHER INFORMATION CONTACT: Department, is now requesting scoping meeting will be used to assist Questions about the proposed action, conveyance of additional lands up to the Tulsa District Corps of Engineers in NEPA process, and the DEIS should be the balance (approximately 1,022 acres) identifying potential impacts to the addressed to Mr. Michael B. Moxey, of that authorized by the Water quality of the human or natural Regulatory Division, Inland Team Resources Development Act of 1999. environment. Affected Federal, state, or Leader, Phone (251) 694–3771 or e-mail The exact acreage and description of local agencies, affected Indian tribes, at [email protected], the real property shall be determined by and other interested private Mobile District, U.S. Army Corps of a survey that is satisfactory to the organizations and parties are Engineers, Regulatory Division, P.O. Secretary. The real property is currently encouraged to participate in the scoping Box 2288, Mobile, AL 36628–0001. held in fee by the U.S. Government and process by forwarding written SUPPLEMENTARY INFORMATION: 1. The managed under the jurisdiction of the comments to (see ADDRESSES) or Lamar County Commission is the permit Tulsa District Corps of Engineers as a attending the scoping meeting. applicant. The applicant is proposing to

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construct a dam and 2,040 acre lake on and/or consult with an interagency team comprehensive plan or vision for overall Yellow Creek in central Lamar County, of Federal and State agencies during Camp Parks development, but Alabama, just north of the City of scoping and preparation of the DEIS. A redevelopment would occur ad hoc as Vernon. The purpose of the proposed decision will be made during the funds become available, and facilities lake is for public water supply for scoping process whether other agencies would remain largely unchanged; (2) Lamar County and the surrounding will serve in an official role as Slow Growth Alternative—under which areas. Construction of the project as cooperating agencies. Camp Parks would retain all its land proposed would require impacts to 4. It is anticipated that the DEIS will holdings and gradually move toward approximately 1,660 acres of wetlands be made available for public review in developing facilities and activities and 31.2 miles of streams. The project December 2010. identified in the RPMP with the is in the initial stages of planning. southern cantonment area remaining an 2. Alternatives to the applicants’ Craig J. Litteken, opportunity site for future planning; and proposals may exist which would Chief, Regulatory Division. (3) Accelerated Modernization reduce impacts to the surrounding [FR Doc. E9–20134 Filed 8–20–09; 8:45 am] Alternative (Preferred Alternative and aquatic environment. These could BILLING CODE 3720–58–P the Proposed Action)—under which the include, but are not restricted to: construction of new facilities and ranges Considering alternate site locations for included in the RPMP would be the lake, alternate site layouts that may DEPARTMENT OF DEFENSE partially funded using the value of the have less impact on the environment, or land exchange (180 acres of the Department of the Army pursuing alternate sources of water for southern cantonment area) from Federal Lamar County and surrounding areas. Final Environmental Impact Statement to private ownership. The remainder of The scoping and evaluation phase of the (EIS) in Support of the Real Property RPMP construction at Camp Parks EIS process will help in the Master Plan and Real Property would be programmed as military determination of reasonable alternatives Exchange for Camp Parks, Dublin, CA construction projects. NASA’s in to be evaluated for the project. holding would be sold and proceeds of 3. Scoping: a. The Corps invites full AGENCY: Department of the Army, DoD. the sale would be used at its NASA- public participation to promote open ACTION: Notice of Availability. Ames Research Center, Moffett Field, communication on the issues California. surrounding the proposal. The scoping SUMMARY: U.S. Army Garrison, Camp Camp Parks has prepared a RPMP that process is a key part of the public Parks, with cooperation from the proposes a program for revitalizing the outreach and involvement phase. All National Aeronautics and Space installation infrastructure and Federal, State, and local agencies, and Administration (NASA), has prepared a accelerating facility replacements. The other persons or organizations that have Final EIS to evaluate alternatives for RPMP proposes approximately 1.3 an interest are urged to participate in future development as part of a Real million square feet of new buildings/ the NEPA scoping process. As part of Property Master Plan (RPMP) at Camp structures and approximately 370,000 the process, a public meeting will be Parks. Alternatives evaluated in the square feet of parking area. The majority held to receive public input and Final EIS include changes to land use of the existing structures on Camp Parks comment which will be used to assist in for construction and training, and a Real were intended to be temporary when the identification of significant issues Property Exchange (RPX) between Camp originally constructed and are associated with the proposed water Parks and a developer in the considered inadequate for today’s supply lake. A public meeting will be surrounding community. The RPMP military personnel and lifestyles. The held at the Lamar County Courthouse in presents a land-use redevelopment plan RPMP proposes the modernization of Vernon, AL on October 15, 2009. Public for the Camp Parks cantonment area, facilities to meet the troop training meetings will also be advertised through with approximately 180 acres being requirements and amenities that are various media outlets at least 30 days transferred out of Federal ownership consistent with the private sector. prior to the meeting date. (approximately 171.5 acres is controlled The Final EIS concludes that the No b. The DEIS will analyze the potential by the U.S. Army and 8.5 acres is Action Alternative is not reasonable social, economic, and environmental controlled by NASA). based on the antiquated infrastructure impacts to the local area resulting from DATES: The waiting period for the Final and buildings requiring excessive the proposed project and alternatives. EIS will end 30 days after publication of maintenance. The Final EIS also Specifically, the following major issues an NOA in the Federal Register by the concludes that the Slow Growth will be analyzed in the DEIS: Environmental Protection Agency. Alternative (the incremental Hydrologic and hydraulic regimes, modernization using the existing ADDRESSES: threatened and endangered species, fish To request a copy of the cantonment area) is not reasonable since and wildlife habitat, wetlands and Final EIS, contact: U.S. Army Garrison facility/activity upgrades would be stream resources, essential fish habitat, Camp Parks, Environmental Office, prioritized and dependent on annual and other air quality, cultural resources, Building 791 5th Street, Dublin, CA funding from Military Construction wastewater treatment capacities and 94568–5201. Army Reserve (MCAR) allocations and discharges, drainage discharges, FOR FURTHER INFORMATION CONTACT: project proponents. MCAR funds are transportation systems, alternatives, Army property: Mr. Paul, (925) 875– appropriated on an availability basis, secondary and cumulative impacts, 4682, or e-mail at which is not a regular or consistent socioeconomic impacts, environmental [email protected]. NASA occurrence. justice (effect on minorities and low- property: Dr. Ann Clarke, (650) 604– The Army’s Preferred Alternative is income groups) (Executive Order 2350, or e-mail [email protected]. the accelerated modernization of a 12898), and protection of children SUPPLEMENTARY INFORMATION: The FEIS redeveloped and compacted cantonment (Executive Order 13045). evaluates three alternatives to support area using the value of the land c. The Corps will serve as the lead the redevelopment and land exchange of exchange to partially fund RPMP Federal agency in the preparation of the Camp Parks: (1) No Action Alternative— construction activities. This alternative DEIS. The Corps intends to coordinate under which there would be no allows for a quick implementation of the

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RPMP, while providing the necessary Division, Regulatory Information mailed to the Internet address facilities and infrastructure upgrades for Management Services, Office of [email protected] or faxed to 202– adequate training of military personnel Management, publishes that notice 401–0920. Please specify the complete in the Bay Area. containing proposed information title of the information collection when Potential impacts from this action collection requests prior to submission making your request. would include loss of non-native of these requests to OMB. Each Comments regarding burden and/or grasslands and modification of proposed information collection, the collection activity requirements wetlands; loss of special-status species; grouped by office, contains the should be electronically mailed to traffic congestion at the Dublin following: (1) Type of review requested, [email protected]. Individuals who Boulevard/Dougherty Road intersection; e.g. new, revision, extension, existing or use a telecommunications device for the and air quality, socioeconomic, and reinstatement; (2) Title; (3) Summary of deaf (TDD) may call the Federal visual impacts. Proposed mitigation the collection; (4) Description of the Information Relay Service (FIRS) at 1– measures are identified to reduce the need for, and proposed use of, the 800–877–8339. severity and extent of potential impacts. information; (5) Respondents and [FR Doc. E9–20121 Filed 8–20–09; 8:45 am] A copy of the Final EIS is available at frequency of collection; and (6) BILLING CODE 4000–01–P http://www.liggett.army.mil. Reporting and/or Recordkeeping Dated: August 14, 2009. burden. OMB invites public comment. Addison D. Davis, IV, Dated: August 17, 2009. DEPARTMENT OF EDUCATION Deputy Assistant Secretary of the Army Angela C. Arrington, Office of Postsecondary Education; (Environment, Safety and Occupational Director, Information Collection Clearance Health). Overview Information; Jacob K. Javits Division, Regulatory Information Fellowship Program; Notice Inviting [FR Doc. E9–20120 Filed 8–20–09; 8:45 am] Management Services, Office of Management. BILLING CODE M Applications for New Awards for Fiscal Institute of Education Sciences Year (FY) 2010 Type of Review: Revision. Catalog of Federal Domestic DEPARTMENT OF EDUCATION Title: PEQIS Survey on Students with Assistance (CFDA) Number: 84.170A. Disabilities at Postsecondary Education Dates: Submission for OMB Review; Institutions. Applications Available: August 21, Comment Request Frequency: One time. 2009. Affected Public: Individuals or Deadline for Transmittal of AGENCY: Department of Education. Households; Not-for-profit institutions; Applications: October 5, 2009. SUMMARY: The Director, Information State, local or Tribal Gov’t. Deadline for Transmittal of the Free Collection Clearance Division, Reporting and Recordkeeping Hour Application for Federal Student Aid Regulatory Information Management Burden: (FAFSA): January 31, 2010. Services, Office of Management invites Responses: 1,600. Full Text of Announcement comments on the submission for OMB Burden Hours: 800. review as required by the Paperwork I. Funding Opportunity Description Reduction Act of 1995. Abstract: This Postsecondary Education Quick Information System Purpose of Program: The purpose of DATES: Interested persons are invited to (PEQIS) survey is being conducted to the Jacob K. Javits (JKJ) Fellowship submit comments on or before provide the Office of Special Education Program is to award fellowships to September 21, 2009. and Rehabilitative Services (OSERS), eligible students of superior ability, ADDRESSES: Written comments should U.S. Department of Education, with selected on the basis of demonstrated be addressed to the Office of current information about students with achievement, financial need, and Information and Regulatory Affairs, disabilities at postsecondary exceptional promise, to undertake Attention: Education Desk Officer, institutions. The survey will be sent to graduate study in specific fields in the Office of Management and Budget, 725 approximately 1,600 postsecondary arts, humanities, and social sciences 17th Street, NW., Room 10222, New institutions which include 2-year and 4- leading to a doctoral degree or to a Executive Office Building, Washington, year schools (including graduate level master’s degree in those fields in which DC 20503, be faxed to (202) 395–5806 or institutions). The purpose of the survey the master’s degree is the terminal send e-mail to highest degree awarded to the selected _ is to provide information to the U.S. oira [email protected]. Department of Education about students field of study at accredited institutions SUPPLEMENTARY INFORMATION: Section with disabilities at postsecondary of higher education. The selected fields 3506 of the Paperwork Reduction Act of institutions and the services, in the arts are: creative writing, music 1995 (44 U.S.C. Chapter 35) requires accommodations and institutional performance, music theory, music that the Office of Management and accessibility provided to these students. composition, music literature, studio Budget (OMB) provide interested Requests for copies of the information arts (including photography), television, Federal agencies and the public an early collection submission for OMB review film, cinematography, theater arts, opportunity to comment on information may be accessed from http:// playwriting, screenwriting, acting, and collection requests. OMB may amend or edicsweb.ed.gov, by selecting the dance. The selected fields in the waive the requirement for public ‘‘Browse Pending Collections’’ link and humanities are: art history (including consultation to the extent that public by clicking on link number 4112. When architectural history), archeology, area participation in the approval process you access the information collection, studies, classics, comparative literature, would defeat the purpose of the click on ‘‘Download Attachments’’ to English language and literature, folklore, information collection, violate State or view. Written requests for information folk life, foreign languages and Federal law, or substantially interfere should be addressed to U.S. Department literature, history, linguistics, with any agency’s ability to perform its of Education, 400 Maryland Avenue, philosophy, religion (excluding study of statutory obligations. The Director, SW., LBJ, Washington, DC 20202–4537. religious vocation), speech, rhetoric, Information Collection Clearance Requests may also be electronically and debate. The selected fields in the

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social sciences are: anthropology, Internet, use the following address for 5. Funding Restrictions: We reference communications and media, economics, the JKJ Fellowship Program Web site: regulations outlining funding ethnic and cultural studies, geography, http://www.ed.gov/programs/ restrictions in the Applicable political science, psychology (excluding jacobjavits/index.html. To obtain a copy Regulations section of this notice. clinical psychology), public policy and from the Department, write, fax, or call 6. Other Submission Requirements: public administration, and sociology the following: Carmen Gordon or Sara Applications for grants under this (excluding the master’s and doctoral Starke, Jacob K. Javits Fellowship program must be submitted in paper degrees in social work). Program, U.S. Department of Education, format by mail or hand delivery. Program Authority: 20 U.S.C. 1134–1134d. Teacher and Student Development Programs Service, 1990 K St., NW., a. Submission of Applications by Mail Applicable Regulations: (a) The Room 6089, Washington, DC 20006– If you submit your application by Education Department General 8524. Telephone: (202) 502–7542 or by mail (through the U.S. Postal Service or Administrative Regulations (EDGAR) in e-mail: [email protected]. a commercial carrier), you must mail the 34 CFR parts 74, 75 (except as provided If you use a telecommunications original and two copies of your in 34 CFR 650.3(b)), 77, 82, 84, 85, 86, device for the deaf (TDD), call the application, on or before the application 97, 98 and 99. (b) The regulations for Federal Relay Service (FRS), toll free, at deadline date, to the Department at the this program in 34 CFR part 650. 1–800–877–8339. following address: U.S. Department of II. Award Information Individuals with disabilities can Education, Application Control Center, obtain a copy of the application package Attention: (CFDA Number 84.170A), LBJ Type of Award: Discretionary grant. in an accessible format (e.g., braille, Estimated Available Funds: Basement Level 1, 400 Maryland large print, audiotape, or computer Avenue, SW., Washington, DC 20202– $1,181,385 for new awards. diskette) by contacting the person listed Estimated Average Size of Awards: 4260. You must show proof of mailing under FOR FURTHER INFORMATION $43,755. consisting of one of the following: CONTACT in section VII of this notice. Estimated Number of Awards: 27. (1) A legibly dated U.S. Postal Service Note: The FAFSA can be obtained from the postmark. Note: The Department is not bound by any institution of higher education’s financial aid (2) A legible mail receipt with the estimates in this notice. office or accessed at: http://www.fafsa.ed.gov. date of mailing stamped by the U.S. Project Period: Up to 48 months. 2. Content and Form of Application Postal Service. III. Eligibility Information Submission: Requirements concerning (3) A dated shipping label, invoice, or the content of an application, together receipt from a commercial carrier. 1. Eligible Applicants: Individuals with the forms you must submit, are in (4) Any other proof of mailing who, at the time of application: are the application package for this acceptable to the Secretary of the U.S. eligible to receive a Federal grant, loan program. Department of Education. or work assistance pursuant to section 3. Submission Dates and Times: If you mail your application through 484 of the Higher Education Act of Applications Available: August 21, the U.S. Postal Service, we do not 1965, as amended (HEA); intend to 2009. accept either of the following as proof pursue a doctoral or Master of Fine Arts Deadline for Transmittal of of mailing: degree in an eligible field of study Applications: October 5, 2009. (1) A private metered postmark. selected by the Board at an accredited Deadline for Transmittal of the (2) A mail receipt that is not dated by U.S. institution of higher education; and FAFSA: January 31, 2010. the U.S. Postal Service. are a U.S. citizen or national, a Applications for grants under this If your application is postmarked after permanent resident of the United States, program must be submitted in paper the application deadline date, we will in the United States for other than a format by mail or hand delivery. For not consider your application. temporary purpose and intending to information (including dates and times) Note 1: The U.S. Postal Service does not become a permanent resident, or a about how to submit your application uniformly provide a dated postmark. Before citizen of any one of the Freely by mail or hand delivery, please refer to relying on this method, you should check Associated States. Applicants must also section IV. 6. Other Submission with your local post office. either: be entering into a doctoral Requirements of this notice. program in academic year 2010–2011, or We do not consider an application Note 2: Materials mailed through the U.S. have not yet completed the first full year that does not comply with the deadline Postal Service may be subject to damage due in the doctoral program, in an eligible requirements. to irradiation processes. Therefore, Arts field of study for which they are seeking Individuals with disabilities who applicants are required to send their applications by commercial carrier. support; or be entering a Master of Fine need an accommodation or auxiliary aid Arts program in academic year 2010– in connection with the application process should contact the person listed b. Submission of Applications by Hand 2011, or have not yet completed the first Delivery full year in the Master of Fine Arts under FOR FURTHER INFORMATION program, in an eligible field of study for CONTACT in section VII in this notice. If If you submit your application by which they are seeking support. the Department provides an hand delivery, you (or a courier service) 2. Cost Sharing or Matching: This accommodation or auxiliary aid to an must deliver the original and two copies program does not require cost sharing or individual with a disability in of your application by hand, on or matching. connection with the application before the application deadline date, to process, the individual’s application the Department at the following address: IV. Application and Submission remains subject to all other U.S. Department of Education, Information requirements and limitations of this Application Control Center, Attention: 1. Address To Request Application notice. (CFDA Number 84.170A), 550 12th Package: 4. Intergovernmental Review: This Street, SW., Room 7041, Potomac Center You can obtain an application program is not subject to Executive Plaza, Washington, DC 20202–4260. package via the Internet or from the Order 12372 and the regulations in 34 The Application Control Center Department. To obtain a copy via the CFR part 79. accepts hand deliveries daily between

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8:00 a.m. and 4:30:00 p.m., Washington, the Applicable Regulations section of text or Adobe Portable Document DC time, except Saturdays, Sundays, this notice and include these and other Format (PDF), on the Internet at the and Federal holidays. specific conditions in the GAN. The following site: http://www.ed.gov/news/ Note for Mail or Hand Delivery of Paper GAN also incorporates your approved fedregister. Applications: If you mail or hand deliver application as part of your binding To use PDF you must have Adobe your application to the Department— commitments under the grant. Acrobat Reader, which is available free (1) You must indicate on the envelope 3. Reporting: On an annual basis, at this site: http://get.adobe.com/reader. and—if not provided by the Department—in fellows must submit their FAFSA to the If you have questions about using PDF, Item 11 of the SF 424 the CFDA Number, Javits Program Coordinator at their call the U.S. Government Printing Office including suffix letter, if any, of the institutions, as directed by the (GPO), toll free, at 1–888–293–6498; or competition under which you are submitting Secretary, pursuant to 34 CFR 650.37. In in the Washington, DC area at (202) your application; and addition, Javits fellows are required to (2) The Application Control Center will 512–1530. submit an annual performance report. mail to you a notification of receipt of your Note: The official version of this document grant application. If you do not receive this The Department will contact fellows is the document published in the Federal notification within 15 business days from the regarding the completion of the annual Register. Free Internet access to the official application deadline date, you should call performance report. edition of the Federal Register and the Code the U.S. Department of Education 4. Performance Measures: The of Federal Regulations is available on GPO Application Control Center at (202) 245– effectiveness of the JKJ Fellowship Access at: http://www.gpoaccess.gov/nara/ 6288. Program will be measured by graduate index.html. completion rates, time-to-degree V. Application Review Information Delegation of Authority: The Secretary completion rates, and the costs per Ph.D of Education has delegated authority to 1. Selection Criteria: The selection or master’s degree of talented graduate Daniel T. Madzelan, Director, criteria for this program are established students with demonstrated financial Forecasting and Policy Analysis for the by the JKJ Program Fellowship Board, need who are pursuing the highest Office of Postsecondary Education to pursuant to section 702(a)(2) of the HEA degree available in their designated perform the functions and duties of the and 34 CFR 650.20(a). The selection fields of study. Institutions of higher Assistant Secretary for Postsecondary criteria for applications in the education in which the fellows are Education. humanities and social sciences are: (a) enrolled are required to submit an Statement of purpose (150 points); (b) annual report documenting the fellows’ Dated: August 18, 2009. Letters of recommendation (100 points); satisfactory academic progress and the Daniel T. Madzelan, (c) Academic record (100 points); and determined financial need. Javits Director, Forecasting and Policy Analysis. (d) Scholarly awards/honors (50 points). fellows are also required to submit an [FR Doc. E9–20177 Filed 8–20–09; 8:45 am] The selection criteria for applications in annual performance report to assist BILLING CODE 4000–01–P the arts are: (a) Statement of purpose program staff in tracking time-to-degree (100 points); (b) Letters of completion rates, graduation rates, as recommendation (100 points); (c) well as the employment status of DEPARTMENT OF ENERGY Academic record (50 points); (d) individual fellows. The Department will Scholarly awards/honors (50 points); use the reports to assess the program’s Environmental Management Site- and (e) Supporting arts materials (100 success in assisting fellows in Specific Advisory Board, Oak Ridge points). completing their course of study and Reservation 2. Review and Selection Process: The receiving their degree. AGENCY: review and selection process for the JKJ Department of Energy. Fellowship Program consists of a two- VII. Agency Contacts ACTION: Notice of Open Meeting. part process. Eligible applications are For Further Information Contact: SUMMARY: This notice announces a read and rated by a panel of Carmen Gordon or Sara Starke, Jacob K. meeting of the Environmental distinguished scholars and academics in Javits Fellowship Program, U.S. Management Site-Specific Advisory the arts, humanities, and social sciences Department of Education, Teacher and Board (EM SSAB), Oak Ridge on the basis of demonstrated scholarly Student Development Programs Service, Reservation. The Federal Advisory achievements and exceptional promise. 1990 K St., NW., Room 6089, Committee Act (Pub. L. 92–463, 86 Stat. The second part of the evaluation is a Washington, DC 20006–8524. 770) requires that public notice of this determination of financial need. Telephone: (202) 502–7542 or e-mail: meeting be announced in the Federal [email protected]. VI. Award Administration Information If you use a TDD, call the FRS, toll Register. 1. Award Notices: If your application free, at 1–800–877–8339. DATES: Wednesday, September 9, 2009, is successful, we will notify you by 6 p.m. VIII. Other Information telephone and we will send a Grant ADDRESSES: DOE Information Center, Award Notice (GAN) directly to the Accessible Format: Individuals with 475 Oak Ridge Turnpike, Oak Ridge, institution you will be attending. disabilities can obtain this document Tennessee. If your application is not evaluated or and a copy of the application package in not selected for funding, we notify you. an accessible format (e.g., braille, large FOR FURTHER INFORMATION CONTACT: Pat 2. Administrative and National Policy print, audiotape, or computer diskette) Halsey, Federal Coordinator, Requirements: We identify on request to the program contact Department of Energy Oak Ridge administrative and national policy person listed under FOR FURTHER Operations Office, P.O. Box 2001, EM– requirements in the application package INFORMATION CONTACT in section VII of 90, Oak Ridge, TN 37831. Phone (865) and reference these and other this notice. 576–4025; Fax (865) 576–2347 or e-mail: requirements in the Applicable Electronic Access to This Document: [email protected] or check the Web Regulations section in this notice. You can view this document, as well as site at http://www.oakridge.doe.gov/em/ We reference the regulations outlining all other documents of this Department ssab. the terms and conditions of an award in published in the Federal Register, in SUPPLEMENTARY INFORMATION:

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Purpose of the Board: The purpose of DATES: The public meeting will be held procedures governing the conduct of the the Board is to make recommendations Wednesday, August 26, 2009, 9 a.m. public meeting. After the public to DOE in the areas of environmental until 12 Noon. meeting, interested parties may submit restoration, waste management, and ADDRESSES: Department of Energy, further comments about the related activities. Room GJ–015, 1000 Independence proceedings. The public meeting will be Tentative Agenda: History of mercury Avenue, SW., Washington, DC 20585. conducted in an informal, conference contamination on the Oak Ridge FOR FURTHER INFORMATION CONTACT: Katy style. Each participant will be allowed Reservation and the strategy for mercury Christiansen, Office of Energy Efficiency to make a prepared general statement remediation for the Reservation. and Renewable Energy, U.S. Department (within time limits determined by DOE) Public Participation: The EM SSAB, of Energy, 1000 Independence Avenue, before discussion of a particular topic. Oak Ridge, welcomes the attendance of SW., Washington, DC 20585; (202) 586– DOE will permit other participants to the public at its advisory committee 7930, [email protected]. comment briefly on any general meetings and will make every effort to gov. statements. At the end of all prepared accommodate persons with physical statements on a topic, DOE will permit disabilities or special needs. If you SUPPLEMENTARY INFORMATION: Purpose of participants to clarify their statements require special accommodations due to the Meeting: The purpose of the meeting briefly and comment on statements a disability, please contact Pat Halsey at is to provide an opportunity for the made by others. DOE representatives least seven days in advance of the public to present comment on the may also ask questions of participants meeting at the phone number listed current process for implementing energy concerning other matters relevant to above. Written statements may be filed savings performance contracts (ESPC) at ESPCs and may accept additional with the Board either before or after the DOE sites. Information on the current comments or questions from those meeting. Individuals who wish to make ESPC program at DOE can be found at attending, as time permits. oral statements pertaining to the agenda http://www1.eere.energy.gov/femp/ financing/espcs.html. DOE is Issued in Washington, DC on August 17, item should contact Pat Halsey at the 2009. address or telephone number listed considering changes for the purpose of Richard G. Kidd IV, above. Requests must be received five reducing cycle times in the days prior to the meeting and reasonable development and timely execution of FEMP Program Manager. provision will be made to include the ESPCs. [FR Doc. E9–20202 Filed 8–20–09; 8:45 am] presentation in the agenda. The Deputy Tentative Agenda: Agenda will BILLING CODE 6450–01–P Designated Federal Officer is include the following: empowered to conduct the meeting in a • Brief background on ESPCs. • DEPARTMENT OF ENERGY fashion that will facilitate the orderly Presentation on existing processes conduct of business. Individuals and cycle times. • High Energy Physics Advisory Panel wishing to make public comment will Outline of optimum scenario and possible areas for improvement. be provided a maximum of five minutes AGENCY: Department of Energy, Office of • Comment period. to present their comments. Science. Minutes: Minutes will be available by The meeting is open to the public. ACTION: writing or calling Pat Halsey at the DOE invites participation by all Notice of Open Meeting. address and phone number listed above. interested parties. SUMMARY: This notice announces a Minutes will also be available at the For information on: • meeting of the High Energy Physics following Web site: http:// The agenda, • Advisory Panel (HEPAP). The Federal www.oakridge.doe.gov/em/ssab/ Facilities or services for individuals Advisory Committee Act (Pub. L. 92– minutes.htm. with disabilities, • Requests for special assistance, 463, 86 Stat. 770) requires that public Issued at Washington, DC on August 18, • Pre-clearance for entrance into the notice of these meetings be announced 2009. DOE headquarters building, in the Federal Register. Rachel Samuel, • Pre-clearance for foreign nationals DATES: Thursday, October 22, 2009; Deputy Committee Management Officer. (advance clearance required) and 9 a.m. to 6 p.m. and Friday, October 23, • [FR Doc. E9–20153 Filed 8–20–09; 8:45 am] Requests to present or speak. 2009; 8:30 a.m. to 4 p.m. BILLING CODE 6450–01–P Contact [email protected], by 4 ADDRESSES: Hilton Embassy Row, 2015 p.m. EDT, August 21, 2009. Massachusetts Ave., NW., Washington, DEPARTMENT OF ENERGY Minutes: DOE will designate a DOE DC. official to preside at the public meeting. Energy Savings Performance Contract FOR FURTHER INFORMATION CONTACT: John The meeting will not be a judicial or Kogut, Executive Secretary; High Energy (ESPC) Process Improvement Working evidentiary-type public hearing. A Group Meeting Physics Advisory Panel; U.S. stenographer will be present to record Department of Energy; SC–25/ AGENCY: Department of Energy (DOE), and transcribe the proceedings. The Germantown Building, 1000 Office of Energy Efficiency and minutes of the meeting will be available Independence Avenue, SW., Renewable Energy. for public review and copying at the Washington, DC 20585–1290; ACTION: Notice of public meeting. Freedom of Information Public Reading Telephone: 301–903–1298. Room, Room 1E–190, Forrestal SUMMARY: This notice announces a Building, 1000 Independence Avenue, SUPPLEMENTARY INFORMATION: public meeting of the Federal Energy SW., Washington, DC, between 9 a.m. Purpose of Meeting: To provide Management Program (FEMP) within and 4 p.m., Monday through Friday, advice and guidance on a continuing the Office of Energy Efficiency and except Federal holidays. basis with respect to the high energy Renewable Energy on the process for Public Participation: DOE reserves the physics research program. using energy savings performance right to schedule the order of Tentative Agenda: Agenda will contracts at DOE sites. presentations and to establish the include discussions of the following:

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Thursday, October 22, 2009, and to renew an existing approved www.regulations.gov to submit or view Friday, October 23, 2009 collection Supporting Statement. The public comments, access the index • Discussion of Department of Energy ICR, which is abstracted below, listing of the contents of the public High Energy Physics Program. describes the nature of the information docket, and to access those documents • Discussion of National Science collection activity and its expected in the public docket that are available Foundation Elementary Particle Physics burden and costs. electronically. Once in the system, Program. DATES: Additional comments may be select ‘‘docket search,’’ then key in the • Reports on and Discussions of submitted on or before September 21, docket ID number identified above. Topics of General Interest in High 2009. Please note that EPA’s policy is that Energy Physics. public comments, whether submitted • ADDRESSES: Submit your comments, electronically or in paper, will be made Public Comment (10-minute rule). referencing docket ID Number EPA– Public Participation: The meeting is available for public viewing in http:// HQ–OPPT–2008–0896 to (1) EPA online open to the public. If you would like to www.regulations.gov as EPA receives using http://www.regulations.gov (our file a written statement with the Panel, them and without change, unless the preferred method), by e-mail to you may do so either before or after the comment contains copyrighted material, [email protected] or by mail to: meeting. If you would like to make oral confidential business information (CBI), Document Control Office (DCO), Office statements regarding any of these items or other information whose public of Pollution Prevention and Toxics on the agenda, you should contact John disclosure is restricted by statute. When (OPPT), Environmental Protection Kogut, 301–903–1298 or EPA identifies a comment containing Agency, Mail Code: 7407T, 1200 [email protected] (e-mail). copyrighted material, EPA will provide Pennsylvania Ave., NW., Washington, You must make your request for an oral a reference to that material in the DC 20460, and (2) OMB at: Office of statement at least 5 business days before version of the comment that is placed in Information and Regulatory Affairs, the meeting. Reasonable provision will http://www.regulations.gov. The entire Office of Management and Budget be made to include the scheduled oral printed comment, including the (OMB), Attention: Desk Officer for EPA, statements on the agenda. The copyrighted material, will be available 725 17th Street, NW., Washington, DC Chairperson of the Panel will conduct in the public docket. Although 20503. the meeting to facilitate the orderly identified as an item in the official conduct of business. Public comment FOR FURTHER INFORMATION CONTACT: docket, information claimed as CBI, or will follow the 10-minute rule. Barbara Cunningham, Director, whose disclosure is otherwise restricted Minutes: The minutes of the meeting Environmental Assistance Division, by statute, is not included in the official will be available for public review and Office of Pollution Prevention and public docket, and will not be available copying within 90 days on the High Toxics, Environmental Protection for public viewing in http:// Energy Physics Advisory Panel Web site. Agency, Mailcode: 7408–M, 1200 www.regulations.gov. For further Minutes will also be available by Pennsylvania Ave., NW., Washington, information about the electronic docket, writing or calling John Kogut at the DC 20460; telephone number: 202–554– go to http://www.regulations.gov. address and phone number listed above. 1404; e-mail address: TSCA- Title: Notification of Substantial Risk [email protected]. of Injury to Health and the Environment Issued at Washington, DC on August 18, under TSCA Section 8(e). 2009. SUPPLEMENTARY INFORMATION: EPA has ICR Numbers: EPA ICR No. 0794.12, Rachel Samuel, submitted the following ICR to OMB for OMB Control No. 2070–0046. Deputy Committee Management Officer. review and approval according to the ICR Status: This ICR is currently [FR Doc. E9–20201 Filed 8–20–09; 8:45 am] procedures prescribed in 5 CFR 1320.12. scheduled to expire on October 31, BILLING CODE 6450–01–P On February 13, 2009 (74 FR 7227), EPA 2009. An Agency may not conduct or sought comments on this renewal ICR sponsor, and a person is not required to pursuant to 5 CFR 1320.8(d). EPA respond to, a collection of information, ENVIRONMENTAL PROTECTION received comments during the comment unless it displays a currently valid OMB AGENCY period from BASF Corp., which are control number. The OMB control addressed in the Supporting Statement. numbers for EPA’s regulations in title 40 [EPA–HQ–OPPT–2008–0896; FRL–8947–4] Any comments related to this ICR of the CFR, after appearing in the should be submitted to EPA and OMB Federal Register when approved, are Agency Information Collection within 30 days of this notice. listed in 40 CFR part 9, are displayed Activities; Submission to OMB for EPA has established a public docket either by publication in the Federal Review and Approval; Comment for this ICR under Docket ID No. EPA– Register or by other appropriate means, Request; Notification of Substantial HQ–OPPT–2008–0896, which is such as on the related collection Risk of Injury to Health and the available for online viewing at http:// instrument or form, if applicable. The Environment Under TSCA Section 8(e); www.regulations.gov, or in person display of OMB control numbers in EPA ICR No. 0794.12, OMB Control No. inspection at the OPPT Docket in the certain EPA regulations is consolidated 2070–0046 EPA Docket Center (EPA/DC), EPA in 40 CFR part 9. AGENCY: Environmental Protection West, Room 3334, 1301 Constitution Abstract: Section 8(e) of the Toxic Agency (EPA). Ave., NW., Washington, DC. The EPA/ Substances Control Act (TSCA) requires ACTION: Notice. DC Public Reading Room is open from that any person who manufactures, 8 a.m. to 4:30 p.m., Monday through imports, processes or distributes in SUMMARY: In compliance with the Friday, excluding legal holidays. The commerce a chemical substance or Paperwork Reduction Act (44 U.S.C. telephone number for the Reading Room mixture and which obtains information 3501 et seq.), this document announces is 202–566–1744, and the telephone that reasonably supports the conclusion that an Information Collection Request number for the Pollution Prevention and that such substance or mixture presents (ICR) has been forwarded to the Office Toxics Docket is 202–566–0280. a substantial risk of injury to health or of Management and Budget (OMB) for Use EPA’s electronic docket and the environment must immediately review and approval. This is a request comment system at http:// inform EPA of such information. EPA

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routinely disseminates TSCA section Dated: August 17, 2009. Development of Fixed-Guideway 8(e) data it receives to other Federal John Moses, Transit Improvements, from Denver agencies to provide information about Director, Collection Strategies Division. Union Station to Ward Road in Wheat newly discovered chemical hazards and [FR Doc. E9–20211 Filed 8–20–09; 8:45 am] Ridge, Implementation, City and risks. This information collection BILLING CODE 6560–50–P County of Denver, Adams, Arvada, request addresses the above reporting Wheat Ridge, and Jefferson Counties, requirement. Responses to the collection CO, Wait Period Ends: 09/21/2009, of information are mandatory (see 15 ENVIRONMENTAL PROTECTION Contact: David Beckhouse 720–963– U.S.C. 2607(e)). Respondents may claim AGENCY 3306. all or part of a notice confidential. EPA EIS No. 20090290, Draft EIS, FTA, WI, will disclose information that is covered [ER–FRL–8596–5] Kenosha-Racine-Milwaukee Commuter Rail Extension, Alternative by a claim of confidentiality only to the Environmental Impacts Statements; Analysis, U.S. COE Section 404 extent permitted by, and in accordance Notice of Availability with, the procedures in TSCA section 14 Permit, Funding, Kenosha, Racine, and 40 CFR part 2. Responsible Agency: Office of Federal and Milwaukee Counties, WI, Burden Statement: The annual public Activities, General Information (202) Comment Period Ends: 10/05/2009, reporting and recordkeeping burden for 564–1399 or http://www.epa.gov/ Contact: Stewart McKenzie 312–353– this collection of information is compliance/nepa/. 2866. estimated to average about 51 hours per Weekly receipt of Environmental Impact EIS No. 20090291, Final EIS, SFW, NV, response for initial TSCA section 8(e) Statements Filed 08/10/2009 through Desert National Wildlife Refuge submissions and 5 hours per response 08/14/2009 Complex, Ash Meadows, Desert, for follow-up or supplemental Pursuant to 40 CFR 1506.9. Moapa Valley and Pahranagat National Wildlife Refuges, submissions. Burden means the total Special Notice: EPA’s Notice of Comprehensive Conservation Plan, time, effort or financial resources Availability for EIS’s filed August 3, Implementation, Clark, Lincoln, and expended by persons to generate, 2009 through August 7, 2009 scheduled Nye Counties, NV, Wait Period Ends: maintain, retain or disclose or provide to appear in the Federal Register on 09/21/2009, Contact: Cynthia information to or for a Federal agency. August 14, 2009 were published on This includes the time needed to review Martinez 702–515–5450. Monday, August 17, 2009. Comment EIS No. 20090292, Final EIS, USA, CA, instructions; develop, acquire, install periods and wait periods will be Camp Parks Real Property Master Plan and utilize technology and systems for calculated from August 17, 2009; see and Real Property Exchange, the purposes of collecting, validating Amended Notices below. Redevelopment of the Cantonment and verifying information, processing EIS No. 20090285, Draft EIS, NPS, CA, Area, NPDES Permit, U.S. COE and maintaining information, and Warner Valley Comprehensive Site Section 4040 Permit, Alamada and disclosing and providing information; Plan, Addressing Natural and Cultural Contra Costa Counties, CA, Wait adjust the existing ways to comply with Resource Conflicts, Parking and Period Ends: 09/21/2009, Contact: any previously applicable instructions Circulation Improvements in Warner Jennifer Shore 703 602–4238. and requirements; train personnel to be Valley, Implementation, Lassen able to respond to a collection of Volcanic National Park, Plumas Amended Notices information; search data sources; County, CA, Comment Period Ends: EIS No. 20090275, Final EIS, FHW, KY, complete and review the collection of 11/21/2009, Contact: Louise Johnson I–65 to U.S. 31 W Access information; and transmit or otherwise 530–595–4444 ext. 5170. Improvement Project, To Meet the disclose the information. EIS No. 20090286, Draft EIS, NPS, FL, Existing and Future Transportation Respondents/Affected Entities: Biscayne National Park Fishery Demand, in northeast Bowling Green, Entities potentially affected by this Management Plan, Improvement of Warren County, KY, Wait Period action are companies that manufacture, the Status of Fisheries Resources, Ends: 09/16/2009, Contact: Jose import, process or distribute chemical Implementation, Miami-Dade County, Sepulveda 502–223–6764. substances or mixtures. FL, Comment Period Ends: 10/06/ EIS No. 20090276, Final Supplement, Frequency of Collection: On occasion. 2009, Contact: Mark Lewis 305–230– COE, WA, Commencement Bay Estimated average number of 1144 ext. 3003. ‘‘Reauthorization’’ of Dredged responses for each respondent: 1. EIS No. 20090287, Draft EIS, AFS, CO, Material Management Program Willow Creek Pass Fuel Reduction Estimated No. of Respondents: 721. Disposal Site, Implementation, Project, Implementation, Hahns Peak/ Central Puget Sound, Tacoma, WA, Estimated Total Annual Burden on Bear Ears Ranger District, Medicine Wait Period Ends: 09/16/2009, Respondents: 30,515 hours. Bow-Routt National Forests, Routt Contact: Dr. Stephen Martin 206–764– Estimated Total Annual Costs: County, CO, Comment Period Ends: 3631. $2,057,588. 10/05/2009, Contact: Brian Waugh EIS No. 20090277, Draft EIS, AFS, CO, Changes in Burden Estimates: There 970–870–2185. Hermosa Park/Mitchell Lakes Land is an increase of 12,380 hours (from EIS No. 20090288, Final EIS, COE, CA, Exchange Project, Proposed Land 18,135 hours to 30,515 hours) in the Natomas Levee Improvement Exchange between Federal and Non- total estimated respondent burden Program, Phase 3 Landside Federal Lands, Implementation, compared with that currently in the Improvements Project, Issuance of Federal Land in LaPlata County and OMB inventory. This increase reflects Section 408 and 404 Permits, Non-Federal Land in San Juan an increase in the number of anticipated Sacramento and Sutter Counties, CA, County, CO, Comment Period Ends: TSCA section 8(e) submissions. This Wait Period Ends: 09/21/2009, 10/01/2009, Contact: Cindy change is an adjustment. The Contact: Elizabeth Holland 916–557– Hockelberg 970–884–1418. Supporting Statement provides 6763. EIS No. 20090278, Draft Supplement, additional detail concerning the change EIS No. 20090289, Final EIS, FTA, CO, FHW, NH, I–93 Highway in burden estimates. Gold Line Corridor Project, Improvements, from Massachusetts

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State Line to Manchester, NH, 16/2009, Contact: Frank Mancino and cumulative impacts will potentially Funding, NPDES and and U.S. Army 202–720–1827. further degrade water quality. Rating COE Section 404 Permits Issuance, Dated: August 18, 2009. EO2. Hillsborough and Rockingham Robert W. Hargrove, EIS No. 20090170, ERP No. D–FHW– Counties, NH, Comment Period Ends: Director, NEPA Compliance Division, Office F40448–WI, Zoo Interchange Corridor 10/01/2009, Contact: Jamison S. of Federal Activities. Study, Reconstruction to I0–94 from Sikora 603–228–3057 Ext. 107. 70th Street to 124 Street and on U.S. EIS No. 20090279, Draft EIS, BLM, WA, [FR Doc. E9–20200 Filed 8–20–09; 8:45 am] BILLING CODE 6560–50–P 45 from Burleigh Street to I–894/U.S. Blackfoot Bridge Mine Project, 45 and Lincoln Avenue in Milwaukee Developing Three Mine Pits, Haul County, WI. Roads, Water Management Structures, ENVIRONMENTAL PROTECTION Summary: EPA expressed and Overburden Disposal Areas, AGENCY Implementation, Caribou County, ID, environmental concerns about air Comment Period Ends: 10/01/2009, [ER–FRL–8596–6] quality, wetland, and surface water Contact: Kyle Free 208–478–6368. impacts. Rating EC2. EIS No. 20090280, Draft Supplement, Environmental Impact Statements and EIS No. 20090171, ERP No. D–NOA– FHW, TN, Shelby Avenue/ Regulations; Availability of EPA L99011–WA, PROGRAMMATIC— Demonbreun Street (Gateway Comments Lower Duwamish River Natural Boulevard Corridor, from I–65 North Availability of EPA comments Resource Damage Assessment (NRDA) [I–24 West] to I–40 West in prepared pursuant to the Environmental Restoration Plan, Implementation, Downtown Nashville, To Address Review Process (ERP), under section King County, WA. Transportation needs in the Study 309 of the Clean Air Act and Section Summary: While EPA has no Area. Davidson County, TN, Comment 102(2)(c) of the National Environmental objections to the proposed action, it Period Ends: 10/01/2009, Contact: Policy Act as amended. Requests for requested clarification of water quality Charles O’Neill 615–781–5770. copies of EPA comments can be directed issues. Rating LO. EIS No. 20090281, Final EIS, BLM, WY, to the Office of Federal Activities at EIS No. 20090178, ERP No. D–IBR– South Gillette Area Coal Lease 202–564–7146. An explanation of the K29002–CA, North Bay Water Applications, WYW172585, ratings assigned to draft environmental Recycling Program (NBWRP), WYW173360, WYW172657, impact statements (EISs) was published (Formerly North San Pablo Bay WYW161248, Proposal to Lease Four in Federal Register Dated July 17, 2009 Restoration and Reuse Project), Tracts of Federal Coal Reserves, Belle Proposed to Promote the Expanded Ayr, Coal Creek, Caballo, and Cordero (74 FR 34754). Beneficial Use of Recycled Water, Rojo Mines, Wyoming Powder River Draft EISs Northern Marin Water District, Napa Basin, Campbell County, WY, Wait EIS No. 20090152, ERP No. D–BLM– County, CA. Period Ends: 09/16/2009, Contact: J80008–UT, Mona to Oquirrh Summary: While EPA has no Teresa Johnson 307–261–7510. Transmission Corridor Project and EIS No. 20090282, Final EIS, FRC, VA, objection to the proposed action, it Draft Pong Express Resource Smith Mountain Pumped Storage requested clarification of water related Management Plan Amendment, Project (FERC No. 2210–169). issues. Rating LO. Construction, Operation, Maintenance Application for Hydropower License and Decommissioning a Double- EIS No. 20090181, ERP No. D–AFS– to continue Operating the 636- Circuit 500/345 Kilovolt (Kv) K65368–CA, Lower Trinity and Mad megawatt Pumped Storage Project, Transmission Line, Right-of-Way River Motorized Travel Management, Roanoke River, Smith Mountain Grant, Rocky Mountain Power, Juab, Proposed to Prohibit Cross-County Pumped Storage Project (FERC No. Salt Lake, Tooele and Utah Counties, Motor Vehicle Travel Off Designated 2210–169). Application for UT. National Forest Transportation Hydropower License to continue System (NFTS) Roads and Motorized Operating the 636-megawatt Pumped Summary: EPA expressed Trails, Six River National Forest, CA. environmental concerns about wetland Storage Project, Roanoke River, Summary: EPA expressed Bedford, Campbell, Franklin and impacts and the disturbance of a Superfund site, and requested environmental concerns about impacts Pittsylvania Counties, VA, Wait to riparian and aquatic resources and to Period Ends: 09/16/2009, Contact: additional information on wetland and air quality impacts. Rating EC2. perennial creeks, wet meadows, and Julia Bovey 1–866–208–3372. fens. Rating EC2. EIS No. 20090283, Draft EIS, NPS, WI, EIS No. 20090159, ERP No. D–FHW– EIS No. 20090189, ERP No. D–AFS– Apostle Islands National Lakeshore E40827–NC, Gaston East-West K65370–CA, Beaverslide Timber Sale General Management Plan/Wilderness Connector Project, Construction from and Fuel Treatment Project, Proposing Management Plan, Implementation, I–85 west Gastonia to I–485/NC 160 to Harvest Commercial Timber and Bayfield and Ashland Counties, WI, near the Charlotte-Douglas Treat Hazardous Fuels, Six Rivers Comment Period Ends: 10/13/2009, International Airport, Gaston and National Forest, Mad River Ranger Contact: Nick Chevance 402–661– Meckleburg Counties, NC. District, Trinity County, CA. 1844. Summary: EPA expressed EIS No. 20090284, Final EIS, ARD, WA, environmental objections because the Summary: EPA expressed ADOPTION—White Pass Expansion project will potentially contribute environmental concerns about potential Master Development Plan, significant VMTs and increased adverse impacts to already impaired Implementation, Naches Ranger emissions and ultimately make water bodies. Rating EC2. District, Okanogan-Wenatchee achievement of the NAAQS difficult. In EIS No. 20090199, ERP No. D–AFS– National Forests and Cowlitz Valley addition, jurisdictional waters are L65573–OR, Westside Rangeland Ranger District, Gifford Pinchot currently impaired in the project study Analysis Project, Proposal to Allocate National Forest, Yakima and Lewis area from construction and related Forage for Commercial Livestock Counties, WA, Wait Period Ends: 09/ activities. Both the direct and indirect Grazing on Six Alternatives, Mud and

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Tope Creeks, Wallowa Valley Ranger Summary: EPA continues to have Western Project, To Restore District, Wallowa-Whitman National environmental concerns about impacts Ecosystem Function in Taylor Slough Forest, Wallowa County, OR. to water quality, cumulative impacts and Florida Bay Areas, Central and Summary: EPA expressed and a lack of discussion of climate Southern Florida Project, environmental concerns about the change effects on the project. Comprehensive Everglades potential impacts to water quality EIS No. 20090191, ERP No. F–NOA– Restoration Plan (CERP), Everglades within creeks that are already on the D91001–00, Amendment 1 to the National Park, Miami-Dade County, Oregon State’s most current 303(d) list Consolidated Highly Migratory FL. and subsequent impacts to aquatic Species (HMS) Fishery Management Summary: EPA does not object to the resources therein. Rating EC2. Plan, (FMP), Updating and Revising proposed action. EIS No. 20090200, ERP No. D–AFS– Essential Fish Habitat (EFH) for EIS No. 20090220, ERP No. FA–NOA– F65076–MI, Niagara Project, To Atlantic Highly Migratory Species A91061–00, Amendment 10 Atlantic Address Site-Specific Vegetation and (HMS) consider additional Habitat Mackerel, Squid, Butterfish Fishery Transportation System Needs in the Area of Particular Concern (HAPC) Management Plan, Development of a Project Areas, Hiawatha National and Analyze Fishing Impacts, Rebuilding Program that Allows Forest, St. Ignace and Sault Ste. Marie Chesapeake Bay, MD, Delaware Bay, Butterfish Stock to Rebuild in the Ranger Districts, Mackinac and DE, Great Bay, NJ and Outer Bank off Shortest Time Possible, Exclusive Chippewa Counties, MI. NC. Economic Zone (EEZ), off the U.S. Summary: EPA does not object to the Summary: EPA does not object to the Atlantic Coast. proposed action. Rating LO. proposed action. Summary: EPA does not object to the EIS No. 20090205, ERP No. DS–AFS– EIS No. 20090207, ERP No. F–FHW– proposed action. L65531–OR, Invasive Plant J40184–UT, SR–262; Montezuma Dated: August 18, 2009. Treatments within the Deschutes and Creek to Aneth Project, Improvements Robert W. Hargrove, Ochoco National Forests and the to the Intersection of SR–162, SR–262, Director, NEPA Compliance Division, Office Crooked River National Grassland, and County Road (CR) 450 in of Federal Activities. Updated Information on Three New Montezuma Cree, Funding, Navajo [FR Doc. E9–20199 Filed 8–20–09; 8:45 am] Nation, San Juan County, UT. Alternatives, Proposal for Treatment BILLING CODE 6560–50–P of Invasive Plant Infestation and Summary: EPA continues to have Protection of Uninfested Areas, environmental concerns about water Implementation, Several Cos. OR. quality and recommended measures to ENVIRONMENTAL PROTECTION Summary: EPA’s previous issues have reduce increased sedimentation and AGENCY erosion. been resolved; therefore, EPA has no [FRL—8947–7] objection to the proposed action. Rating EIS No. 20090212, ERP No. F–FTA– LO. F40434–MN, Central Corridor Project, Science Advisory Board Staff Office; Selected the Preferred Alternative, 11 Notification of Two Public Final EISs miles Light Rail Transit between Teleconference Meetings of the EIS No. 20080504, ERP No. F–FRC– downtown Minneapolis and Chartered Science Advisory Board D03016–MD, Sparrows Point downtown St. Paul, Minnesota, Twin AGENCY: Liquefied Natural Gas (LNG) Import Cities Metropolitan Area, MN. Environmental Protection Terminal Expansion and Natural Gas Summary: While EPA previous issues Agency (EPA). Pipeline Facilities, Construction and have been resolved, it requested ACTION: Notice. Operation, Application Authorization, clarification on hazardous waste sites, SUMMARY: The EPA Science Advisory U.S. COE Section 10 and 404 Permits, parking losses, future stations in Board (SAB) Staff Office announces two Baltimore County, MD. environmental justice neighborhoods public teleconference meetings of the and stormwater management. Summary: EPA continues to have chartered SAB to conduct reviews of environmental concerns about wetland EIS No. 20090216, ERP No. F–COE– two draft SAB reports and to conduct impacts and air conformity issues. E39075–MS, PROGRAMMATIC EIS— additional business. Mississippi Coastal Improvements EIS No. 20090153, ERP No. F–AFS– DATES: The meeting dates will be J65484–MT, Grizzly Vegetation and Program (MsCIP), Comprehensive Wednesday, September 23, 2009 from Transportation Management Project, Plan, Implementation, Hancock, 1 p.m. until 4 p.m. and Thursday, Proposes Timber Harvest, Prescribed Harrison and Jackson Counties, MS. September 24, 2009, from 1 p.m. until Burning, Road Maintenance, and Summary: EPA does not object to the 4 p.m. (all times are Eastern Time). proposed action. Transportation Management Actions, ADDRESSES: The meetings will be Three Rivers Ranger District, Kootenai EIS No. 20090217, ERP No. F–AFS– conducted by telephone only. National Forest, Lincoln County, MT. L65561–AK, Logjam FOR FURTHER INFORMATION CONTACT: Any Summary: EPA continues to have Timber Sale Project, Proposes Timber member of the public wishing to obtain environmental concerns about impacts Harvesting from 4 Land Use general information concerning this to riparian areas, soils and grizzly bear Designations, Tongass Land and public teleconference meeting should habitat. Resource Management Plan, Thorne Bay contact Mr. Thomas Miller, Designated EIS No. 20090186, ERP No. F–FRC– Ranger District, Tongass National Federal Officer (DFO), EPA Science K03031–CA, South Feather Power Forest, Prince of Wales Island, AK. Advisory Board (1400F), 1200 Project, (Project No. 2099–068), Summary: EPA continues to have Pennsylvania Avenue, NW., Application to Relicense its 104- environmental concerns about impacts Washington, DC 20460; via telephone/ megawatt, South Fork Feather River, to water quality. voice mail (202) 343–9982; fax (202) Lost Creek and Slate Creek, Butte, EIS No. 20090243, ERP No. F–COE– 233–0643; or e-mail at Yuba, and Plumas Counties, CA. E39078–FL, C–111 Spreader Canal [email protected]. General

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information concerning the EPA Science Committee is available on the SAB Web meeting. Written statements should be Advisory Board can be found on the site at http://yosemite.epa.gov/sab/sab supplied to the DFO via e-mail to SAB Web site at http://www.epa.gov/ product.nsf/fedrgstr_activites/ [email protected] (acceptable file sab. Nitrogen%20Project?OpenDocument. format: Adobe Acrobat PDF, (b) SAB Quality Review of the Draft SUPPLEMENTARY INFORMATION: Pursuant WordPerfect, MS Word, MS PowerPoint, Radiation Advisory Committee Report to the Federal Advisory Committee Act, or Rich Text files in IBM–PC/Windows on Radiogenic Cancer Risk. The 5 U.S.C., App. 2 (FACA), notice is 98/2000/XP format). Submitters are chartered Science Advisory Board will hereby given that the EPA Science asked to provide versions of each conduct a quality review of the draft Advisory Board will hold a public document submitted with and without report from its Radiation Advisory meeting to conduct two reviews of draft signatures, because the SAB Staff Office Committee during its teleconference SAB committee reports and to conduct does not publish documents with scheduled from 1 p.m. until 4 p.m. on other business as noted. The SAB was signatures on its Web sites. Thursday, September 24, 2009. EPA’s established pursuant to 42 U.S.C. 4365 Accessibility: For information on Office of Air and Radiation requested an to provide independent scientific and access or services for individuals with SAB review of a draft document entitled disabilities, please contact Mr. Thomas technical advice to the Administrator on EPA Radiogenic Cancer Risk Models the technical basis for Agency positions Miller at (202) 343–9982, or miller.tom and Projections for the U.S. Population @epa.gov. To request accommodation of and regulations. The SAB is a Federal dated December 2008. EPA’s draft Advisory Committee under FACA. The a disability, please contact Mr. Miller, document discusses a revised approach preferably at least 10 days prior to the SAB will comply with the provisions of to cancer dose-response assessment for FACA and all appropriate SAB Staff meeting, to give EPA as much time as radionuclides, based on possible to process your request. Office procedural policies. recommendations in the National Background: (a) SAB Quality Review Academies of Science 2005 report on Dated: August 14, 2009. of the Draft SAB Report on Reactive Biological Effects of Ionizing Radiation Vanessa T. Vu, Nitrogen in the United States. The (known as the BEIR VII report) as Director, EPA Science Advisory Board Staff Chartered Science Advisory Board will modified and expanded for EPA’s Office. conduct a review of the SAB Integrated purposes. At this teleconference, the [FR Doc. E9–20171 Filed 8–20–09; 8:45 am] Nitrogen Committee (INC) draft report: SAB will conduct a quality review of BILLING CODE 6560–50–P Reactive Nitrogen in the United States; the SAB Radiation Advisory An Analysis of Inputs, Flows, Committee’s draft advisory on this EPA Consequences, and Management draft document. Information about this ENVIRONMENTAL PROTECTION Options from 1 p.m. until not later than work of the SAB Radiation Advisory AGENCY 4 p.m. on Wednesday, September 23, Committee is available on the SAB Web [FRL–8947–9; EPA–HQ–OEI–2008–0791] 2009. Reactive nitrogen, a form of site at http://yosemite.epa.gov/sab/ nitrogen consisting mainly of sabproduct.nsf/fedrgstr_activites/%E2% Type of Action: Amendment ammonium and nitrate, is ‘‘fixed’’ by 80%9CRevised%20Book%E2%80%9D? natural or human-driven processes or OpenDocument. The SAB will also AGENCY: Environmental Protection recycled from decaying organic matter. discuss plans for future SAB advisory Agency (EPA). Increasing quantities of reactive activities. ACTION: Notice. nitrogen released by human activities, Availability of Meeting Materials: The such as the production and use of agenda and other materials in support of SUMMARY: Pursuant to the provisions of synthetic fertilizers, burning of fossil these meetings will be placed on the the Privacy Act of 1974 (5 U.S.C. 552a), fuel, and planting of nitrogen-fixing SAB Web site at http://www.epa.gov/sab EPA’s Office of Pollution Prevention crops currently surpasses the amount of in advance of each meeting. and Toxics (OPPT) is providing notice nitrogen fixed by natural processes (e.g., Procedures for Providing Public Input: of its proposal to amend an existing microbial activities, wildfire). Adverse Interested members of the public may system of records (SOR) by changing the environmental effects may occur when submit relevant written or oral title of ‘‘Lead-Based Paint System of reactive nitrogen occurs in amounts that information for the SAB to consider Records’’ (LPSOR) to the ‘‘Federal Lead- exceed what the ecosystem can during this teleconference. Oral based Paint Program System of Records’’ normally use or recycle. Adverse effects Statements: In general, individuals or (FLPPSOR). FLPPSOR stores may include degradation of air and groups requesting time to make an oral information in both electronic and hard- water quality, harmful algae blooms, presentation at a public SAB copy formats and contains information hypoxia, fish kills, loss of drinking teleconference will be limited to three about individuals who: have applied for water supplies, loss of biodiversity, minutes, with no more than one-half certification to conduct lead-based paint forest declines, and human health hour for all speakers. To be placed on and renovation activities; are students effects. the public speakers list for the taking classes in lead-based paint and The SAB Integrated Nitrogen September 23 and September 24, 2009 renovation activities; or have been Committee undertook this study to teleconferences, interested individuals identified to provide training in lead- assess linkages among the should contact Mr. Thomas Miller, DFO, based paint and renovation activities. environmental effects of reactive in writing (preferably by e-mail), by On April 22, 2008, EPA published the nitrogen and to explore their September 14, 2009 at the contact Renovation, Repair, and Painting implications for nitrogen research and information provided above. Written Program rule in the Federal Register risk management. The study Statements: Written statements relevant with an effective date of June 23, 2008. recommends a more integrated to the September 23 and September 24, The Renovation, Repair, and Painting approach to reactive nitrogen research 2009 teleconferences should be received rule establishes requirements for and identifies opportunities for in the SAB Staff Office by September 15, training renovators and dust-sampling integrated approaches for nitrogen 2009 so that the information may be technicians; certifying renovators, dust- management. Information about the made available to the SAB for their sampling technicians and renovation work of the SAB Integrated Nitrogen consideration prior to the teleconference firms; accrediting providers of renovator

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and dust-sampling technician training; made available on the Internet. If you for renovation or dust-sampling and renovation work practices. submit an electronic comment, EPA technician courses. The EPA Federal FLPPSOR will contain information recommends that you include your Lead-Based Paint Program system of about individuals who are certified name and other contact information in records does not duplicate any existing inspectors, supervisors, risk assessors, the body of your comment and with any system of records. The system handles project designers, abatement workers, disk or CD–ROM you submit. If EPA Privacy Act protected information in the renovators and dust-sampling cannot read your comment due to same manner regardless of whether the technicians. EPA administers the technical difficulties and cannot contact information is contained in electronic or certification and accreditation programs you for clarification, EPA may not be hard-copy form. Access to the system is in States, Tribal areas, and territories able to consider your comment. restricted to authorized users and will that do not have EPA’s authorization to Electronic files should avoid the use of be maintained in a secure, password- independently administer such special characters, any form of protected computer system, in secure programs. EPA is no longer requiring encryption, and be free of any defects or areas and buildings with physical access individuals to provide their social viruses. For additional information controls and environmental controls. security numbers on application forms about EPA’s public docket visit the EPA The system is maintained by EPA’s for certification. Docket Center home page at http:// Office of Pollution Prevention and DATES: Persons wishing to comment on www.epa.gov/epahome/dockets.htm. Toxics. this system of records notice Docket: All documents in the docket Dated: July 25, 2009. are listed in the http:// amendment must do so by September Linda A. Travers, 30, 2009. www.regulations.gov index. Although listed in the index, some information is Acting Assistant Administrator and Chief ADDRESSES: Submit your comments, Information Officer. identified by Docket ID No. EPA–HQ– not publicly available (e.g., CBI or other 2008–0791, by one of the following information for which disclosure is EPA–54 restricted by statute). Certain other methods: SYSTEM NAME: • http://www.regulations.gov.: Follow material, such as copyrighted material, Federal Lead-Based Paint Program the online instructions for submitting will be publicly available only in hard System of Records (FLPPSOR). comments. copy. Publicly available docket materials are available either • E-mail: [email protected]. SYSTEM LOCATION: electronically in http:// Fax: 202–566–1752. Records maintained in FLPPSOR are • www.regulations.gov or in hard copy at Mail: OEI Docket, Environmental stored in electronic and hard-copy Protection Agency, Mail code: 2822T, the OEI Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution formats at Research Triangle Park (RTP), 1200 Pennsylvania Ave., NW., NC, EPA regional offices and the Washington, DC 20460. Ave., NW., Washington, DC 20004. The • Public Reading Room is open from 8:30 Federal program contractor’s office. In Hand Delivery: OEI Docket, EPA/ addition: DC, EPA West Building, Room 3334, a.m. to 4:30 p.m., Monday through Friday excluding legal holidays. The (1) The main system is located at 1301 Constitution Ave., NW., EPA’s National Computer Center (NCC) Washington, DC. Such deliveries are telephone number for the Public Reading Room is (202) 566–1744, and in Research Triangle Park (RTP), North only accepted during the docket’s Carolina. This database contains normal hours of operation, and special the telephone number for the OEI Docket is (202) 566–1745. information entered from some of the arrangements should be made for primary sources listed below under FOR FURTHER INFORMATION CONTACT: deliveries of boxed information. ‘‘Categories of Records in the System’’ Robert Wright, National Program Instructions: Direct your comments to (submitted form and notifications). Chemicals Division (7404T), Office of Docket ID No. EPA–HQ–2008–0791. (2) Hard-copy files are located in EPA Pollution Prevention and Toxics, EPA’s policy is that all comments regional offices and the facility operated Environmental Protection Agency, 1200 received will be included in the public by EPA’s Federal program contractor’s Pennsylvania Ave., NW., Washington, docket without change and may be office. These records include the DC 20460–0001; telephone number: made available online at http:// original or photocopied paper (202) 566–1975; e-mail address: www.regulations.gov, including any submissions (including supplementary [email protected]. personal information provided, unless information) provided to the Agency. the comment includes information SUPPLEMENTARY INFORMATION: Though similar in file content, the hard- claimed to be Confidential Business I. General Information copy collections maintained by the EPA Information (CBI) or other information contractor may differ from those for which disclosure is restricted by FLPPSOR contains information about maintained by the applicable regional statute. Do not submit information that individuals who: have applied for office. you consider to be CBI or otherwise certification to perform lead-based paint (3) EPA regional offices have protected through http:// and renovation activities; take classes developed electronic systems for their www.regulations.gov. The http:// on how to perform lead-based paint and local uses. These electronic records are www.regulations.gov Web site is an renovation activities; and/or are maintained separate from the main ‘‘anonymous access’’ system, which identified on behalf of firms to provide central server at RTP and are used solely means EPA will not know your identity training in lead-based paint and by the regional offices. or contact information unless you renovation activities. In addition, provide it in the body of your comment. FLPPSOR will contain information CATEGORIES OF INDIVIDUALS COVERED BY THE If you send an e-mail comment directly about individuals who: are certified SYSTEM: to EPA without going through http:// renovators or dust sampling technicians; Individuals covered by the system www.regulations.gov your e-mail are taking renovator or dust-sampling include those who have applied for address will be automatically captured technician training classes; or have been certification to perform lead-based paint and included as part of the comment identified by those firms that are and renovation activities in the that is placed in the public docket and accredited by EPA to provide training following disciplines: inspectors,

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supervisors, risk assessors, project Program and Lead-Based Paint the Agency prior to and then following designers, abatement workers, Renovation, Repair and Painting conducting lead-based paint abatement renovators, and dust-sampling Program regulations; and renovation, repair and painting technicians. Certified inspectors, (3) To investigate possible fraud by, activities training courses. The data supervisors, risk assessors, project for example, applicants and users, and derived from these notifications include designers, and abatement workers may verify compliance with Agency Lead- information on individuals who be listed on EPA’s Lead home page in Based Paint Program and Lead-Based supervise lead-based paint abatement the future. All renovators and dust- Paint Renovation, Repair and Painting and prepare the notification to EPA sampling technicians will be listed on Program regulations; prior to doing so or serve as instructors EPA’s Lead home page. (4) To prepare for litigation or to for managing other instructors or litigate fee collections and reporting attending training as students of these CATEGORIES OF RECORDS IN THE SYSTEM: enforcement matters; accredited programs. Finally, other FLPPSOR contains individuals’ (5) To initiate a limitation, record sources of information stored in names, home addresses, telephone suspension, and termination (LS&T) or the system may include supplementary numbers, dates of birth, work-related debarment action; documents obtained by regional offices information, signatures, course test (6) To investigate complaints, update in the application approval process. scores, submitted fees, and certificate files, and correct errors; • Storage: Records maintained under numbers. (7) To prepare for alternative dispute the FLPPSOR are stored in different resolutions (ADR) in any of the cases AUTHORITY FOR MAINTENANCE OF THE SYSTEM: formats and in several locations. Each of described in paragraphs (2), (3), and (4); 40 CFR Part 745 Lead—Requirements these record collections, which together (8) To engage in audits or other comprise the FLPPSOR, must adhere to for Lead-Based Paint Activities in Target internal matters within EPA; Housing and Child-Occupied Facilities the requirements of the Privacy Act and (9) To contact certified individuals are subject to the rules and restrictions and 40 CFR Part 745 Lead—Renovation, and applicants in the event of a system Repair, and Painting Program. for disclosure of information specified modification; or under the Freedom of Information Act. PURPOSE(S): (10) To respond to a change to • Retrievability: Records may be The purpose of FLPPSOR is to FLPPSOR, as in the case of a retrieved by an individual’s name, maintain information submitted to the modification, revocation, or termination application ID number, applicant ID Agency through various documents of a user’s access privileges. number, or program activity. • under the Federal Lead-Based Paint POLICIES AND PRACTICES FOR STORING, Safeguards: Physical access to the Program and the Federal Lead-Based RETRIEVING, SAFEGUARDING ACCESS, RETAINING, system housed in the facility at RTP is Paint Renovation, Repair and Painting AND DISPOSING OF RECORDS IN THE SYSTEM: controlled by a computerized badge- Program. These records include FLPPSOR maintains records on reading system, with security patrols application forms, notification forms, individuals derived from a variety of during non-business hours. All and various support documents. sources relating to the undertaking of interactions between the system and the FLPPSOR supports activities integral to lead-based paint activities; lead-based authorized individual users are the program (i.e., issuing certificates and paint renovation, repair and painting recorded through use of a card reader badges, analyzing information, activities; and training. These record and tracking database. Paper records generating letters and reports, and sources include the following forms stored at EPA’s Federal program providing information to allow for submitted to EPA: EPA Form 8500–27, contractor are protected by executing various enforcement actions). ‘‘Application and Instructions for Firms computerized badge-reading security Applying for Certification of Lead-Based systems, with files maintained in locked ROUTINE USES OF RECORDS MAINTAINED IN THE Paint and Renovation Activities;’’ EPA file drawers. Records stored at EPA SYSTEM AND THEIR PURPOSE; CATEGORIES OF regional offices are secured through USERS: Form 8500–25, ‘‘Application and Instructions for Training Providers building security protocols and General routine uses are as follows: A, computerized badge-reading systems. B, C, E, F, G, H, I, K, and L. (A detailed Applying for Accreditation of Lead- • Based Paint Activity and Renovation Retention and Disposal: EPA will description of these routine uses can be retain and dispose of these records in found in the Agency’s System of Training Programs,’’ and EPA Form 8500–28, ‘‘Application and Instructions accordance with the EPA Records Records Web site at http://www.epa.gov/ Schedule 089 and the National Archives privacy/notice/general.htm). In for Individuals Applying for Certification to Conduct Lead-Based and Records Administration General addition, the following routine uses may Records Schedule 23/8. Application also apply: Paint Activities.’’ The information derived from these forms concerns records maintained in the system are PROGRAM DISCLOSURE/USER CATEGORIES: individuals, firms and training deleted/destroyed two years after the date of the last entry. Consistent with applicable provisions providers who have applied for of the Privacy Act and the Freedom of certification or accreditation in lead- SYSTEM MANAGER’S ADDRESS AND TELEPHONE Information Act (FOIA), the Agency based paint or renovation activities. NUMBER: may disclose information from Two record sources include information Maria J. Doa, Ph.D., Director, National FLPPSOR to Federal, State, or local derived from required notifications Program Chemicals Division, USEPA, agencies, present and former employers submitted to EPA pursuant to 40 CFR Office of Pollution Prevention and and business and personal associates, Part 745. The first of these latter record Toxics, (7404T), 1200 Pennsylvania and hearing officials, as a given sources requires firms certified under 40 Ave., NW., Washington, DC 20460, (202) situation might require, for purposes CFR 745.226 to provide notification to 566–0500. including the following: the Agency prior to conducting lead- (1) To verify the identity of the based paint abatement activities. The NOTIFICATION PROCEDURE: individual; second of these record sources requires Requests to determine whether this (2) To enforce the conditions or terms training programs accredited under 40 system of records contains a record of the Agency’s Lead-Based Paint CFR 745.225 to provide notification to pertaining to you must be sent to the

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Agency’s Freedom of Information of $160,000 as payment of response U.S.C. 9622(i), notice is hereby given by Office. The address is: U.S. costs to the Hazardous Substances the U.S. Environmental Protection Environmental Protection Agency; 1200 Superfund. Agency (‘‘EPA’’), Region II, of a Pennsylvania Ave., NW., Room 6416 For thirty (30) days following the date proposed de minimis administrative West; Washington, DC 20460; (202) of publication of this notice, the Agency agreement pursuant to Section 122(g) of 566–1667; E-mail: ([email protected]); will receive written comments relating CERCLA, 42 U.S.C. 9622(g), between Attn: Privacy Act Officer. to this notice and will receive written EPA and two hundred ninety one (291) comments relating to the settlement. settling parties pertaining to the RECORD ACCESS PROCEDURES: The Agency will consider all comments Mercury Refining Superfund Site Requesters seeking access to this received and may modify or withdraw (‘‘Site’’) located in the Towns of system will be required to provide its consent to the settlement if Guilderland and Colonie, Albany adequate identification (e.g., driver’s comments received disclose facts or County, New York. The settlement license, military identification card, considerations which indicate that the requires specified individual payments employee badge or identification card) settlement is inappropriate, improper, by each settling party to the EPA and, if necessary, proof of authority. or inadequate. The Agency’s response to Hazardous Substance Superfund Additional identity verification any comments received will be available Mercury Refining Superfund Site procedures may be required as for public inspection at 1445 Ross Special Account, which combined total warranted. Requests must meet the Avenue, Dallas, Texas 75202–2733. $3,743,361.69. Each settling party’s requirements of EPA regulations at 40 DATES: Comments must be submitted on individual settlement amount is CFR Part 16. or before September 21, 2009. considered to be that party’s fair share of cleanup costs incurred and CONTESTING RECORDS PROCEDURES: ADDRESSES: The proposed settlement anticipated to be incurred in the future, If you wish to contest a record in the and additional background information plus a ‘‘premium’’ that accounts for, system of records, contact the Agency’s relating to the settlement are available among other things, uncertainties Freedom of Information Office as for public inspection at 1445 Ross associated with the costs of that future described under ‘‘Notification Avenue, Dallas, Texas 75202–2733. A work at the Site. The settlement Procedure’’ listed above. copy of the proposed settlement may be includes a covenant not to sue pursuant obtained from Kenneth Talton, 1445 RECORD SOURCE CATEGORIES: to Sections 106 and 107 of CERCLA, 42 Ross Avenue, Dallas, Texas 75202–2733 U.S.C. 9606 and 9607, relating to the Information is obtained from or by calling (214) 665–7475. Comments Site, subject to limited reservations, and individuals, firms, and training should reference the Jones Road Ground protection from contribution actions or providers who are certified and/or Water Superfund Site, Houston, Harris claims as provided by Sections 113(f)(2) accredited to perform lead-based paint County, Texas, and EPA Docket Number and 122(g)(5) of CERCLA, 42 U.S.C. and renovation activities. 06–13–08, and should be addressed to 9613(f)(2) and 9622(g)(5). For thirty (30) Kenneth Talton at the address listed days following the date of publication of SYSTEM EXEMPTED FROM CERTAIN PROVISIONS above. OF THE ACT: this notice, EPA will receive written None. FOR FURTHER INFORMATION CONTACT: comments relating to the settlement. George Malone, III, 1445 Ross Avenue, EPA will consider all comments [FR Doc. E9–20209 Filed 8–20–09; 8:45 am] Dallas, Texas 75202–2733 or call (214) received and may modify or withdraw BILLING CODE 6560–50–P 665–8030. its consent to the settlement if Dated: August 12, 2009. comments received disclose facts or considerations that indicate that the ENVIRONMENTAL PROTECTION Lawrence C. Starfield, proposed settlement is inappropriate, AGENCY Acting Regional Administrator, Region 6. improper, or inadequate. EPA’s [FR Doc. E9–20210 Filed 8–20–09; 8:45 am] [FRL–8947–8] response to any comments received will BILLING CODE 6560–50–P be available for public inspection at Notice of Proposed Administrative EPA Region II, 290 Broadway, New Settlement Pursuant to the York, New York 10007–1866. Comprehensive Environmental ENVIRONMENTAL PROTECTION AGENCY DATES: Comments must be submitted on Response, Compensation, and Liability or before September 21, 2009. Act [FRL–8947–5] ADDRESSES: The proposed settlement is available for public inspection at EPA AGENCY: Environmental Protection Proposed CERCLA Section 122(g) Region II offices at 290 Broadway, New Agency (EPA). Administrative Agreement for De York, New York 10007–1866. Comments ACTION: Notice; request for public Minimis Settlement for the Mercury should reference the Mercury Refining comment. Refining Superfund Site, Towns of Superfund Site, Index No. CERCLA–02– Guilderland and Colonie, Albany SUMMARY: 2009–2006. To request a copy of the In accordance with Section County, NY 122(h)(1) of the Comprehensive proposed settlement agreement, please Environmental Response, AGENCY: Environmental Protection contact the individual identified below. Compensation, and Liability Act, as Agency. FOR FURTHER INFORMATION CONTACT: amended (‘‘CERCLA’’), 42 U.S.C. ACTION: Notice; request for public Sharon E. Kivowitz, Assistant Regional 9622(h)(1), notice is hereby given of a comment. Counsel, New York/Caribbean proposed administrative settlement Superfund Branch, Office of Regional concerning Jones Road Ground Water SUMMARY: In accordance with Section Counsel, U.S. Environmental Protection Plume Superfund Site, Houston, Harris 122(i) of the Comprehensive Agency, 17th Floor, 290 Broadway, New County, Texas. Environmental Response, York, New York 10007–1866. The settlement requires Henry T. T. Compensation, and Liability Act of Telephone: 212–637–3183. E–Mail: Lucky, Inc., settling party to pay a total 1980, as amended (‘‘CERCLA’’), 42 [email protected].

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Dated: August 11, 2009. holidays. The Docket Facility telephone of Modifications to Generally John S. Frisco, number is (703) 305–5805. Accepted Accounting Principles; Acting Director, Emergency and Remedial 2. Electronic access. You may access Consolidation of Asset-Backed Response Division, EPA, Region 2. this Federal Register document Commercial Paper Programs; and [FR Doc. E9–20212 Filed 8–20–09; 8:45 am] electronically through the EPA Internet Other Related Issues. BILLING CODE 6560–50–P under the ‘‘Federal Register’’ listings at The meeting will be held in the Board http://www.epa.gov/fedrgstr. Room on the sixth floor of the FDIC II. What Does this Correction Do? Building located at 550 17th Street, ENVIRONMENTAL PROTECTION NW., Washington, DC. AGENCY FR Doc. E9-13161 published in the This Board meeting will be Webcast Federal Register of Wednesday, June 10, [EPA–HQ–OPP–2009–0263; FRL–8427–1] live via the Internet and subsequently 2009 (74 FR 27540) (FRL–8417–7) is made available on-demand Notice of Receipt of Several Pesticide corrected as follows: approximately one week after the event. Petitions Filed for Residues of 1. On page 27540–27541, under item Visit http://www.vodium.com/goto/fdic/ Pesticide Chemicals in or on Various 5. PP 9F7537. (EPA–HQ–OPP–2009– boardmeetings.asp to view the event. If Commodities; Correction 0263), add ‘‘papaya at 1.5 ppm’’ after you need any technical assistance, the entry for ‘‘white sapote at 1.5 ppm;’’ please visit our Video Help page at: AGENCY: Environmental Protection to list of commodities on page 27541. http://www.fdic.gov/video.html. Agency (EPA). The FDIC will provide attendees with ACTION: Notice; correction. List of Subjects auxiliary aids (e.g., sign language SUMMARY: EPA issued a notice of receipt Environmental protection, interpretation) required for this meeting. of several pesticide petitions filed for Agricultural commodities, Feed Those attendees needing such assistance residues of pesticide chemicals in or on additives, Food additives, Pesticides should call (703) 562–6067 (Voice or various commodities in the Federal and pests, Reporting and recordkeeping TTY), to make necessary arrangements. Requests for further information Register of Wednesday, June 10, 2009. requirements. concerning the meeting may be directed This document is being issued to correct Dated: July 21, 2009. to Mr. Robert E. Feldman, Executive item 5, PP 9F7537, under the ‘‘New G. Jeffrey Herndon, Secretary of the Corporation, at (202) Tolerance’’ section (EPA–HQ–OPP– 898–7043. 2009–0263). Acting Director, Registration Division, Office of Pesticide Programs. FOR FURTHER INFORMATION CONTACT: Rita Dated: August 19, 2009. Kumar, Registration Division, Mail Code [FR Doc. E9–19645 Filed 8–20–09; 8:45 am] Federal Deposit Insurance Corporation. (7505P), Office of Pesticide Programs, BILLING CODE 6560–50–S Robert E. Feldman, Environmental Protection Agency, 1200 Executive Secretary. Pennsylvania Ave., NW., Washington, [FR Doc. E9–20256 Filed 8–19–09; 11:15 am] FEDERAL DEPOSIT INSURANCE DC 20460–0001; telephone number: BILLING CODE P (703) 308–8291; e-mail address: CORPORATION [email protected]. Sunshine Act; Notice of Agency SUPPLEMENTARY INFORMATION: Meeting FEDERAL RESERVE SYSTEM I. General Information Pursuant to the provisions of the Formations of, Acquisitions by, and A. Does this Action Apply to Me? ‘‘Government in the Sunshine Act’’ (5 Mergers of Bank Holding Companies U.S.C. 552b), notice is hereby given that The companies listed in this notice The Agency included in the notice a the Federal Deposit Insurance list of those who may be potentially have applied to the Board for approval, Corporation’s Board of Directors will pursuant to the Bank Holding Company affected by this action. If you have meet in open session at 3:30 p.m. on questions regarding the applicability of Act of 1956 (12 U.S.C. 1841 et seq.) Wednesday, August 26, 2009, to (BHC Act), Regulation Y (12 CFR Part this action to a particular entity, consult consider the following matters: the person listed under FOR FURTHER 225), and all other applicable statutes SUMMARY AGENDA: INFORMATION CONTACT. No substantive and regulations to become a bank discussion of the following items is holding company and/or to acquire the B. How Can I Get Copies of this anticipated. These matters will be assets or the ownership of, control of, or Document and Other Related resolved with a single vote unless a the power to vote shares of a bank or Information? member of the Board of Directors bank holding company and all of the 1. Docket. EPA has established a requests that an item be moved to the banks and nonbanking companies docket for this action under docket discussion agenda. owned by the bank holding company, identification (ID) number EPA–HQ– Disposition of minutes of previous including the companies listed below. OPP–2009–0263 publicly available Board of Directors’ Meetings. The applications listed below, as well docket materials are available either in DISCUSSION AGENDA: as other related filings required by the the electronic docket at http:// Memorandum and resolution re: Final Board, are available for immediate www.regulations.gov, or, if only Statement of Policy of Qualifications inspection at the Federal Reserve Bank available in hard copy, at the Office of for Failed Bank Acquisitions. indicated. The applications also will be Pesticide Programs (OPP) Regulatory Memorandum and resolution re: Final available for inspection at the offices of Public Docket in Rm. S–4400, One Rule on the Extension of the the Board of Governors. Interested Potomac Yard (South Bldg.), 2777 S. Transaction Account Guarantee persons may express their views in Crystal Dr., Arlington, VA. The hours of Program. writing on the standards enumerated in operation of this Docket Facility are Memorandum and resolution re: Notice the BHC Act (12 U.S.C. 1842(c)). If the from 8:30 a.m. to 4 p.m., Monday of Proposed Rulemaking Regarding proposal also involves the acquisition of through Friday, excluding legal Risk-Based Capital Guidelines; Impact a nonbanking company, the review also

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includes whether the acquisition of the your name and your state—will be should be mailed or delivered to the nonbanking company complies with the placed on the public record of this following address: Federal Trade standards in section 4 of the BHC Act proceeding—including on the publicly Commission, Office of the Secretary, (12 U.S.C. 1843). Unless otherwise accessible FTC website, at (http:// Room H-135 (Annex J), 600 noted, nonbanking activities will be www.ftc.gov/os/publiccoments/shtm). Pennsylvania Avenue, NW, Washington, conducted throughout the United States. Because comments will be made DC 20580. The FTC is requesting that Additional information on all bank public, they should not include any any comment filed in paper form be sent holding companies may be obtained sensitive personal information, such as by courier or overnight service, if from the National Information Center an individual’s Social Security number; possible, because U.S. postal mail in the website at www.ffiec.gov/nic/. date of birth; driver’s license number or Washington area and at the Commission Unless otherwise noted, comments other state identification number, or is subject to delay due to heightened regarding each of these applications foreign country equivalent; passport security precautions. must be received at the Reserve Bank number; financial account number; or The FTC Act and other laws the indicated or the offices of the Board of credit or debit card number. Comments Commission administers permit the Governors not later than September 17, also should not include any sensitive collection of public comments to 2009. health information, such as medical consider and use in this proceeding as A. Federal Reserve Bank of Kansas records or other individually appropriate. The Commission will City (Todd Offenbacker, Assistant Vice identifiable health information. In consider all timely and responsive President) 1 Memorial Drive, Kansas addition, comments should not include public comments that it receives, City, Missouri 64198–0001: any ‘‘[t]rade secrets and commercial or whether filed in paper or electronic 1. Bern Bancshares, Inc., Bern, financial information obtained from a form. Comments received will be Kansas; to acquire up to an additional person and privileged or confidential available to the public on the FTC 1.57 percent, for a total of 6.48 percent, . . .,’’ as provided in section 6(f) of the website, to the extent practicable, at of the voting shares of UBT Bancshares, Federal Trade Commission Act (‘‘FTC (http://www.ftc.gov/os/ Inc., and thereby indirectly acquire Act’’), 15 U.S.C. 46(f), and FTC Rule publiccoments.shtm). As a matter of additional voting shares of United Bank 4.10(a)(2), 16 CFR 4.10(a)(2). Comments discretion, the Commission makes every & Trust, both in Marysville, Kansas. containing material for which effort to remove home contact Board of Governors of the Federal Reserve confidential treatment is requested must information for individuals from the System, August 18, 2009. be filed in paper form, must be clearly public comments it receives before Robert deV. Frierson, labeled ‘‘Confidential,’’ and must placing those comments on the FTC Deputy Secretary of the Board. comply with FTC Rule 4.9(c), 16 CFR website. More information, including 1 [FR Doc. E9–20110 Filed 8–20–09; 8:45 am] 4.9(c). routine uses permitted by the Privacy Because paper mail addressed to the Act, may be found in the FTC’s privacy BILLING CODE 6210–01–S FTC is subject to delay due to policy, at (http://www.ftc.gov/ftc/ heightened security screening, please privacy.shtm). consider submitting your comments in All comments should additionally be FEDERAL TRADE COMMISSION electronic form. Comments filed in submitted to: Office of Information and Agency Information Collection electronic form should be submitted by Regulatory Affairs, Office of Activities; Submission for OMB using the following weblink: (http:// Management and Budget, Attention: Review; Comment Request; Extension secure.commentworks.com/ftc- Desk Officer for Federal Trade RedFlagsPRA) (and following the Commission. Comments should be AGENCY: Federal Trade Commission instructions on the web-based form). To submitted via facsimile to (202) 395- (‘‘FTC’’ or ‘‘Commission’’). ensure that the Commission considers 5167 because U.S. postal mail at the ACTION: Notice. an electronic comment, you must file it OMB is subject to delays due to on the web-based form at the weblink heightened security precautions. SUMMARY: The information collection (http://secure.commentworks.com/ftc- FOR FURTHER INFORMATION CONTACT: requirements described below will be RedFlagsPRA). If this Notice appears at Steven Toporoff, Attorney, Bureau of submitted to the Office of Management (http://www.regulations.gov/search/ Consumer Protection, (202) 326-2252, and Budget (‘‘OMB’’) for review, as index.jsp), you may also file an Federal Trade Commission, 600 required by the Paperwork Reduction electronic comment through that Pennsylvania Avenue, NW, Washington, Act (‘‘PRA’’). The FTC is seeking public website. The Commission will consider DC 20580. comments on its proposal to extend all comments that regulations.gov SUPPLEMENTARY INFORMATION: On April through September 30, 2012, the current forwards to it. You may also visit the 24 2009, the FTC sought comment on PRA clearance requirements contained FTC website at http://www.ftc.gov to the information collection requirements in the FTC Red Flags/Card Issuers/ read the Notice and the news release associated with the Red Flags Rule, 16 Address Discrepancies Rules (‘‘Red describing it. CFR Part 681 (Control Number: 3084- Flags Rule’’ or ‘‘Rule’’). The current A comment filed in paper form 0137). 74 FR 18709. No comments were clearance expires on September 30, should include the ‘‘Red Flags Rule, received. Pursuant to the OMB 2009. PRA Comment, P095406’’ reference both regulations, 5 CFR Part 1320, that DATES: Comments must be submitted on in the text and on the envelope, and implement the PRA, 44 U.S.C. 3501- or before September 21, 2009. 3521, the FTC is providing this second 1 ADDRESSES: The comment must be accompanied by an Interested parties are explicit request for confidential treatment, opportunity for public comment while invited to submit written comments including the factual and legal basis for the request, seeking OMB approval to extend the electronically or in paper form. and must identify the specific portions of the existing paperwork clearance for the Comments should refer to ‘‘Red Flags comment to be withheld from the public record. Rule. All comments should be filed as The request will be granted or denied by the ADDRESSES Rule, PRA Comment, P095406’’ to Commission’s General Counsel, consistent with prescribed in the section facilitate the organization of comments. applicable law and the public interest. See FTC above, and must be received on or Please note that comments—including Rule 4.9(c), 16 CFR 4.9(c). before September 21, 2009.

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I. Overview of the Rule implementation, and administration of union, or any other person that, directly The Rule implements sections 114 the Program; (3) train staff, as needed, or indirectly, holds a transaction and 315 of the Fair and Accurate Credit to implement the Program; and (4) account (as defined in section 19(b) of Transactions Act of 2003 (‘‘FACT Act’’). exercise appropriate and effective the Federal Reserve Act) belonging to a 2 These sections amend the Fair Credit oversight of service provider consumer.’’ Under the Rule, ‘‘creditor’’ Reporting Act of 1970 (‘‘FCRA’’), 15 arrangements. In addition, the Rule has the same meaning as in section 702 U.S.C. 1681 et seq., to require implements the section 114 requirement of the Equal Credit Opportunity Act businesses to undertake measures to that financial institutions or creditors (ECOA). Section 702 defines ‘‘creditor’’ prevent identity theft and to increase that issue debit or credit cards (‘‘card as any person who ‘‘regularly extends, the accuracy of consumer reports. issuers’’) generally must assess the renews or continues credit; any person Specifically, section 114 amends validity of change of address who regularly arranges for the section 615 of the FCRA to require notifications. Specifically, if the card extension, renewal, or continuation of creditors and financial institutions to issuer receives a notice of change of credit; or any assignee of any original develop and implement written Identity address for an existing account and, creditor who participates in the decision Theft Prevention Programs. Section 114 within a short period of time (during at to extend, renew, of continue credit.’’ also mandates specific regulations that least the first 30 days), receives a ‘‘Credit’’ means an arrangement by require credit and debit card issuers to request for an additional or replacement which you defer payment of debts or assess the validity of notifications of card for the same account, the issuer accept deferred payment for the changes of address under certain must follow reasonable policies and purchase of property or services.3 circumstances. Section 315 of FACT Act procedures to assess the validity of the Given the broad scope of entities adds section 605(h) to the FCRA and change of address through one of three covered, it is difficult to determine requires regulations that provide methods. precisely the number of financial guidance on what users of consumer institutions and creditors that are B. Section 315 reports must do when they receive a subject to the FTC’s jurisdiction. There notice of address discrepancy from a The Rule also implements section 315 are numerous small businesses under nationwide consumer reporting agency of the FACT Act and requires each user the FTC’s jurisdiction, and there is no (‘‘CRA’’). of consumer reports to have reasonable formal way to track them; moreover, as policies and procedures in place to a whole, the entities under the FTC’s II. Description of Collections of employ when the user receives a notice jurisdiction are so varied that there are Information of address discrepancy from a CRA. no general sources that provide a record A. Section 114 Specifically, each user of consumer of their existence. Nonetheless, FTC staff estimates that The Rule requires financial reports must develop and implement the Rule’s requirement to have a written institutions and creditors to develop reasonable policies and procedures to: Program affects over 57,000 financial and implement a written Identity Theft (1) enable the user to form a reasonable institutions4 and almost 2 million Prevention Program (‘‘Program’’) to belief that a consumer report relates to creditors.5 This is a revised estimate of detect, prevent, and mitigate identity the consumer about whom it has the number of covered financial theft in connection with existing requested the report, when the user institutions within the FTC’s accounts or the opening of new receives a notice of address discrepancy; jurisdiction. In the PRA burden accounts. Under the Rule, creditors and and (2) furnish an address for the financial institutions must conduct a consumer that the user has reasonably 2 The Rule refers to the definition of ‘‘financial periodic risk assessment to determine if confirmed is accurate to the CRA from which it received a notice of address institution’’ that is found in the FCRA, 15 U.S.C. they maintain ‘‘covered accounts.’’ The § 1681a(t). Rule defines that term as either (1) a discrepancy if certain conditions are 3 The Rule defines ‘‘credit’’ and ‘‘creditor’’ by consumer account that is designed to met. referring to the definition found in the FCRA, 15 U.S.C. § 1681a(r)(5) which, in turn, refers to section permit multiple payments or III. Burden Estimates 702 of the ECOA. transactions, or (2) any other account for 4 Rounded to the nearest thousand, As of December 31, 2005, there were 3,302 state- which there is a reasonably foreseeable chartered federally-insured credit unions and 362 overall estimated burden hours for risk of identity theft. Each financial state-chartered nonfederally insured credit unions. sections 114 and 315, combined, total _ institution and creditor that has covered See (www.ncua.gov/news/quick facts/ 6,151,000 and the associated estimated quick_facts.html) and ‘‘Disclosures for Non- accounts must create a written Program labor cost is $169,000,000. Staff assumes Federally Insured Depository Institutions under the that contains reasonable policies and Federal Deposit Insurance Corporation that affected entities will already have procedures to identify relevant Improvement Act (FDICIA),’’ 70 FR 12823 (Ma. 16, in place, independent of the Rule, indicators of the possible existence of 2005). As of 2007, there were 3,913 property, equipment and supplies necessary to casualty and life, and health insurance companies. identity theft (‘‘Red Flags’’); detect Red carry out the tasks necessary to comply See Insurance Department Resources Report 2007, Flags that have been incorporated into published by the National Association of Insurance with it. the Program; respond appropriately to Commissioners (NAIC). As of September 2007, any Red Flags that are detected to there were 4,733 registered investment companies. A. Section 114 See Securities and Exchange Commission, Proposed prevent and mitigate identity theft; and 1. Estimated Hours Burden - Red Flags Regulation S-P, at 13709 (March 13, 2008). As of update the Program periodically to December 31, 2007, there were 5,561 broker-dealers. Rule ensure it reflects changes in risks to See Securities and Exchange Commission, customers. As noted above, the Rule requires Amendments to Regulation SHO, Release No. 34- 58773, at 45 (Oct. 14, 2008) (available at The Rule also requires financial financial institutions and creditors with www.sec.gov/rules/final/2008/34-58773.pdf). As of institutions and creditors to: (1) obtain covered accounts to develop and November 2008, there were 39,408 money service approval of the initial written Program implement a written Program. Under the businesses. See Department of the Treasury by the board of directors, a committee Rule, a ‘‘financial institution’’ is ‘‘a State Financial Crimes Enforcement Network MSB Registration List (available at (www.msb.gov/pdf/ thereof or, if there is no board, an or National bank, a State or Federal msb_registration_list.pdf)). appropriate senior employee; (2) ensure savings and loan association, a mutual 5 See infra notes 7 and 8 accounting for this sum oversight of the development, savings bank, a State or Federal credit total.

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estimates set forth in the preamble to trained as part of a covered entity’s anti- clearance period for creation and the Final Rule, the Commission stated fraud prevention efforts do not need to implementation of streamlined Program that there were 3,664 financial be re-trained except as incrementally ((60+5+5)/3), plus average annual institutions within the FTC’s needed. FTC staff estimates that training burden over 3-year clearance period for jurisdiction, namely 3,664 state- in connection with the implementation staff training ((10+5+5)/3), plus average chartered credit unions. See 72 FR of a Program of a high-risk entity will annual burden over 3-year clearance 63718, 63741 n.61 and accompanying require four hours, and recurring annual period for preparing annual report text (Nov. 9, 2007). This estimate training thereafter will require one hour. ((10+5+5)/3)], for a total of 1,000,251 misstated the scope of the FTC’s Thus, estimated hours burden for hours. jurisdiction. Under the FCRA, the high-risk entities is as follows: financial institutions over which the ∑320,217 high-risk entities7 subject to 2. Estimated Hours Burden - Card FTC has jurisdiction include not only the FTC’s jurisdiction at an average Issuers Rule annual burden of 13 hours per entity state-chartered credit unions, but other As noted above, section 114 also entities that hold consumer transaction [average annual burden over 3-year clearance period for creation and requires financial institutions and accounts, excluding banks, savings and creditors that issue credit or debit cards loan associations, and federal credit implementation of Program ((25+1+1)/ 3), plus average annual burden over 3- to establish policies and procedures to unions, which are subject to oversight assess the validity of a change of by the federal bank regulatory agencies year clearance period for staff training ((4+1+1)/3), plus average annual burden address request, including notifying the and the National Credit Union cardholder or using another means of Administration. In fact, the financial over 3-year clearance period for assessing the validity of the change of institutions within the FTC’s preparing annual report ((4+1+1)/3)], for address. FTC staff estimates that the jurisdiction include, but are not limited a total of 4,162,821 hours. Rule affects as many as 52,914 card to, certain insurance companies, b. Low-Risk Entities issuers. This is a revised estimate of the investment companies, broker-dealers, number of card issuers within the FTC’s and money service businesses. Entities that have a minimal risk of jurisdiction. In the PRA burden To estimate burden hours for the Red identity theft, but that have covered estimates set forth in the preamble to Flags Rule under section 114, FTC staff accounts, must develop a Program; the Final Rule, the Commission stated divided affected entities into three however, they likely will only need a that there were as many as 3,764 card categories, based on the nature of their streamlined Program. FTC staff issuers (consisting of state-chartered businesses: (1) entities that are subject estimates that such entities will require to a high risk of identity theft; (2) one hour to create such a Program, with credit unions and retailers) within the entities that are subject to a low risk of an annual recurring burden of five FTC’s jurisdiction. See 72 FR at 63742. identity theft, but have covered minutes. Training staff of low-risk This estimate understated the scope of accounts that will require them to have entities to be attentive to future risks of the FTC’s jurisdiction. The FTC has a written Program; and (3) entities that identity theft should require no more jurisdiction over additional categories of are subject to a low risk of identity theft, than 10 minutes in an initial year, with card issuers, including certain but do not have covered accounts.6 an annual recurring burden of five universities, money service businesses, minutes. FTC staff further estimates that and telecommunication companies.9 a. High-Risk Entities these entities will require, initially, 10 -FTC staff believes that most of these FTC staff estimates that high-risk minutes to prepare an annual report, card issuers already have automated the entities will each require 25 hours to with an annual recurring burden of five process of notifying the cardholder or create and implement a written minutes. are using another means to assess the Program, with an annual recurring The Rule does not require entities that validity of the change of address, such burden of one hour. FTC staff determine that they do not have any that implementation will pose no anticipates that these entities will covered accounts to create a written further burden. Nevertheless, taking a incorporate into their Programs policies Program. Thus, such entities will not conservative approach, FTC staff and procedures that they likely already incur PRA burden. estimates that it will take each card Thus, the estimated hours burden for have in place. Further, FTC staff issuer 4 hours to develop and low-risk entities is as follows: estimates that preparation of an annual implement policy and procedures to ∑1,622,029 low-risk entities8 that have report will require each high-risk entity assess the validity of a change of covered accounts subject to the FTC’s four hours initially, with an annual address request for a total burden of jurisdiction at an average annual burden recurring burden of one hour. Finally, 211,656 hours. of approximately 37 minutes per entity FTC staff believes that many of the high- [average annual burden over 3-year risk entities, as part of their usual and 9 In addition to the 3,664 state-chartered credit customary business practices, already unions and 100 retailers under the FTC’s 7 This is the number of high-risk entities jurisdiction, as of 2007, there were 4,314 colleges take steps to minimize losses due to implementing section 114 as previously reported and universities. See Digest of Education Statistics fraud, including conducting employee (266,602) in the preamble to the Rule, 72 FR at published by the National Center for Education training. Accordingly, only relevant staff 63742, increased by the additional institutions Statistics (available at (http://nces.ed.gov/programs/ need be trained to implement the (including insurance and investment companies, digest/d07/tables/dt07_255.asp)). As of November broker-dealers, and money service businesses) 2008, there were 39,408 money service businesses. Program: for example, staff already accounted for herein at note 4 and the See Department of the Treasury Financial Crimes accompanying text. Enforcement Network MSB Registration List 6 In general, high-risk entities may provide 8 This figure is derived from an analysis of a (available at (http://www.msb.gov/pdf/ consumer financial services or other goods or database of U.S. businesses based on NAICS codes msb_registration_list.pdf)). Finally, as of November services of value to identity thieves such as for businesses that market goods or services to 2006, there were 5,428 telecommunication telecommunication services or goods that are easily consumers or other businesses, reduced to the companies. See Federal Communications convertible to cash, whereas low-risk entities may number of creditors subject to the FTC’s jurisdiction Commission, Industry Analysis and Technology do business primarily with other businesses or (10,813,525), and reduced further by an estimated Division, Wireline Competition Bureau, Trends in provide non-financial services or goods that are not subset of which comprise anticipated low-risk Telephone Service, August 2008, Table 5.3 easily convertible in cash, such as healthcare entities not having covered accounts under the final (available at (http://hraunfoss.fcc.gov/edocs_public/ providers. rule (9,191,496). attachmatch/DOC-284932A1.pdf)).

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Thus, the total average annual these users will, in the course of their they receive a notice of address estimated burden for Section 114 is usual and customary business practices, discrepancy. FTC staff also estimates 5,377,328 hours. have to furnish to CRAs an address that the average recurring burden for confirmation upon notice of a users of consumer reports to comply 3. Estimated Cost Burden - Red Flags 12 and Card Issuers Rules discrepancy. with the Rule will be 23 minutes [the FTC staff estimates that the average midrange between one minute and 45 FTC staff estimates labor costs by annual information collection burden minutes]. applying appropriate estimated hourly during the three-year period for which cost figures to the burden hours OMB clearance is sought will be Thus, for these 1.66 million entities, described above. It is difficult to 776,334 hours. The estimated burden is the average annual burden for each of calculate with precision the labor costs $12,421,344. them to perform these collective tasks associated with compliance with the will be 28 minutes [(38 + 23 + 23) ÷ 3]; Rule, as they entail varying 1. Estimated Hours Burden cumulatively, 774,667 hours. compensation levels of management Although section 315 created a new For the estimated 10,000 users of (e.g., administrative services, computer obligation for CRAs to provide a notice consumer reports that will additionally and information systems, training and of address discrepancy to users of have to furnish to CRAs an address development) and/or technical staff consumer reports, prior to the FACT Act confirmation upon notice of a (e.g., computer support specialists, enactment, users of consumer reports discrepancy, staff estimates that these systems analysts, network and computer could compare the address on the entities will require 30 minutes to systems administrators) among consumer report to the address provided develop related policies and procedures. companies of different sizes. FTC staff by the consumer and discern for But, these 10,000 affected entities13 assumes that for all entities, themselves any discrepancy. As a result, professional technical personnel and/or FTC staff believes that many users of likely will have automated the process management personnel will create and consumer reports have developed of furnishing the correct address in the implement the Program, prepare the methods of reconciling address first year of a three-year PRA clearance annual report, and train employees, at discrepancies, and the following cycle. Thus, allowing for 30 minutes in an hourly rate of $35.00.10 estimates represent the incremental the first year, with no annual recurring Based on the above estimates and amount of time users of consumer burden in the second and third years of assumptions, the total annual labor cost reports may require to develop and clearance, yields an average annual for all categories of covered entities comply with the policies and burden of 10 minutes per entity to under the Red Flags and Card Issuers procedures for when they receive a furnish a correct address to a CRA, for Rules for Section 114 is $156,615,480 notice of address discrepancy. a total of 1,667 hours. [4,162,821 hours + 1,000,251 hours + Due to the varied nature of the entities 211,656 hours) x $35.00)]. under the FTC’s jurisdiction, it is 2. Estimated Cost Burden B. Section 315 - The Address difficult to determine precisely the FTC staff assumes that the policies Discrepancy Rule appropriate burden estimates. and procedures for compliance with the Nonetheless, FTC staff estimates that it As discussed above, the Rule’s address discrepancy part of the Rule would require an infrequent user of implementation of section 315 provides will be set up by administrative support consumer reports no more than 16 guidance on reasonable policies and personnel at an hourly rate of $16.14 minutes to develop and comply with the procedures that a user of consumer Based on the above estimates and policies and procedures that it will reports must employ when a user assumptions, the total annual labor cost employ when it receives a notice of receives a notice of address discrepancy for the two categories of burden under from a CRA. Given the broad scope of address discrepancy, while a frequent user might require one hour. Similarly, section 315 is $12,421,344 [(774,667 users of consumer reports, it is difficult hours + 1,667 hours) x $16.00]. to determine with precision the number FTC staff estimates that, during the of users of consumer reports that are remaining two years of clearance, it may C. Burden Totals for Sections 114 and subject to the FTC’s jurisdiction. As take an infrequent user no more than 315 noted above, there are numerous small one minute to comply with the policies businesses under the FTC’s jurisdiction, and procedures it will employ when it Cumulatively, then, estimated burden and there is no formal way to track receives a notice of address discrepancy, is 6,151,062 hours (5,374,728 hours for them; moreover, as a whole, the entities while a frequent user might require 45 section 114 and 776,334 hours for under the FTC’s jurisdiction are so minutes. Taking into account these section 315) and $169,036,824 varied that there are no general sources extremes, FTC staff estimates that, that provide a record of their existence. during the first year, it will take users Nonetheless, FTC staff estimates that the of consumer reports under the Rule’s implementation of section 315 jurisdiction of the FTC an average of 38 13 Staff further assumes that this estimate is affects approximately 1.66 million users minutes [the midrange between 16 representative of new entrants in any given three- minutes and 60 minutes] to develop and year PRA clearance cycle. of consumer reports subject to the FTC’s 14 jurisdiction.11 Approximately 10,000 of comply with the policies and Based generally on the National Compensation procedures that they will employ when Survey: Occupational Earnings in the United States, 2007, U.S. Department of Labor, Bureau of Labor 10 This estimate is based on (http://www.bls.gov/ Statistics released August 2008, Bulletin 2704, ncs/ncswage2007.htm) (National Compensation for businesses in industries that typically use Table 3 (‘‘Full-time civilian workers,’’ mean and Survey: Occupational Earnings in the United States consumer reports from CRAs described in the Rule, median hourly wages), available at (http:// 2007, US Department of Labor released August which total 1,658,758 users of consumer reports 2008, Bulletin 2704, Table 3 (‘‘Full-time civilian subject to the FTC’s jurisdiction. www.bls.gov/ncs/ocs/sp/nctb0300.pdf). Clerical workers,’’ mean and median hourly wages) for the 12 Report to Congress Under Sections 318 and 319 estimates are derived from the above source data, various managerial and technical staff support of the Fair and Accurate Credit Transactions of applying roughly a mid-range of mean hourly rates exemplified above. 2003, Federal Trade Commission, 80 (Dec. 2004) for potentially applicable clerical types, e.g., 11 This estimate is derived from an analysis of a available at (http://www.ftc.gov/reports/facta/ computer operators, data entry and information database of U.S. businesses based on NAICS codes 041209factarpt.pdf). processing workers.

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($156,615,480 and $12,421,344, 20503 and a copy to the General Paperwork Reduction Act of 1995, the respectively)15 in associated labor cost. Services Administration, Regulatory Centers for Medicare & Medicaid Secretariat (VPR), 1800 F Street NW., Services (CMS), Department of Health Willard Tom Room 4041, Washington, DC 20405. and Human Services, is publishing the General Counsel. FOR FURTHER INFORMATION CONTACT: Mr. following summary of proposed [FR Doc. E9–20141 Filed 8–20–09: 8:45 am] Edward Chambers, Procurement collections for public comment. BILLING CODE 6750–01–S Analyst, Contract Policy Division, GSA, Interested persons are invited to send (202) 501–3221 or e-mail comments regarding this burden [email protected]. estimate or any other aspect of this DEPARTMENT OF DEFENSE collection of information, including any SUPPLEMENTARY INFORMATION: of the following subjects: (1) The GENERAL SERVICES A. Purpose necessity and utility of the proposed ADMINISTRATION information collection for the proper FAR 15.408(f) and the clause at FAR performance of the Agency’s function; NATIONAL AERONAUTICS AND 52.215–14, Integrity of Unit Prices, (2) the accuracy of the estimated SPACE ADMINISTRATION require offerors and contractors under burden; (3) ways to enhance the quality, Federal contracts that are to be awarded [OMB Control No. 9000–0080] utility, and clarity of the information to without adequate price competition to be collected; and (4) the use of Federal Acquisition Regulation; identify in their proposals those automated collection techniques or Submission for OMB Review; Integrity supplies which they will not other forms of information technology to of Unit Prices manufacture or to which they will not minimize the information collection contribute significant value. The burden. AGENCY: Department of Defense (DOD), policies included in the FAR are 1. Type of Information Collection General Services Administration (GSA), required by section 501 of Public Law Request: Revision of the currently and National Aeronautics and Space 98–577 (for the civilian agencies) and approved collection. Administration (NASA). section 927 of Public Law 99–500 (for Title of Information Collection: ACTION: Notice of reinstatement request DOD and NASA). The rule contains no Collection of Drug Event Data From for an information collection reporting requirements on contracts Contracted Part D Providers for requirement regarding an existing OMB with commercial items. Payment. Use: In December 2003, Congress clearance. B. Annual Reporting Burden enacted the Medicare Prescription Drug, SUMMARY: Under the provisions of the Respondents: 1,000. Improvement, and Modernization Act of Paperwork Reduction Act of 1995 (44 Responses per Respondent: 10. 2003 referred to as the Medicare U.S.C. Chapter 35), the Federal Annual Responses: 10,000. Modernization Act (MMA). The Acquisition Regulation, Regulatory Hours per Response: 1 hour. Medicare Prescription Drug Benefit Secretariat (VPR) will be submitting to Total Burden Hours: 10,000. program (Part D) was established by the Office of Management and Budget Obtaining Copies of Proposals: section 101 of the MMA and is codified (OMB) a request to reinstate a Requesters may obtain a copy of the in section 1860D–1 through 1860 D–41 previously approved information information collection documents from of the Social Security Act. Effective collection requirement concerning the General Services Administration, January 1, 2006, the Part D program Integrity of Unit Prices. Regulatory Secretariat (VPR), 1800 F St., establishes an optional prescription Public comments are particularly NW., Room 4041, Washington, DC drug benefit for individuals who are invited on: Whether this collection of 20405, telephone (202) 501–4755. Please entitled to Medicare Part A and/or information is necessary; whether it will cite OMB Control No. 9000–0080, enrolled in Part B. Part D plans have have practical utility; whether our Integrity of Unit Prices. flexibility in terms of benefit design. estimate of the public burden of this Dated: August 14, 2009. This flexibility includes, but is not collection of information is accurate, limited to, authority to establish a Al Matera, and based on valid assumptions and formulary that limits coverage to methodology; ways to enhance the Director, Office of Acquisition Policy. specific drugs within each therapeutic quality, utility, and clarity of the [FR Doc. E9–20174 Filed 8–20–09; 8:45 am] class of drugs, and the ability to have a information to be collected; and ways in BILLING CODE 6820–EP–P cost-sharing structure other than the which we can minimize the burden of statutorily defined structure (subject to the collection of information on those certain actuarial tests). Coverage under who are to respond, through the use of DEPARTMENT OF HEALTH AND the new prescription drug benefit is appropriate technological collection HUMAN SERVICES provided predominately through private techniques or other forms of information at-risk prescription drug plans that offer technology. Centers for Medicare & Medicaid drug-only coverage (PDPs), Medicare DATES: Submit comments on or before Services Advantage (MA) plans that offer September 21, 2009. [Document Identifier: CMS–10174, CMS– integrated prescription drug and health ADDRESSES: Submit comments regarding 10287 and CMS–R–305] care coverage (MA–PD plans) or through this burden estimate or any other aspect Cost Plans that offer prescription drug of this collection of information, Agency Information Collection benefits. The transmission of the data will be including suggestions for reducing this Activities: Submission for OMB in an electronic format. The information burden, to: FAR Desk Officer, OMB, Review; Comment Request users will be Pharmacy Benefit Room 10102, NEOB, Washington, DC AGENCY: Centers for Medicare & Managers (PBM), third party Medicaid Services. 15 These figures correct mathematical errors that administrators and pharmacies and the appeared in the related preceding Federal Register In compliance with the requirement PDPs, MA–PDs, Fallbacks and other notice. 74 FR at 18712. of section 3506(c)(2)(A) of the plans that offer coverage of outpatient

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prescription drugs under the Medicare Affected Public: State, Local or Tribal performance of the agency’s functions; Part D benefit to Medicare beneficiaries. Governments. (2) the accuracy of the estimated The data is used primarily for payment, Number of Respondents: 40. burden; (3) ways to enhance the quality, and is used for claim validation as well Total Annual Responses: 40. utility, and clarity of the information to as for other legislated functions such as Total Annual Hours: 520,000. be collected; and (4) the use of quality monitoring, program integrity (For policy questions regarding this automated collection techniques or and oversight. collection contact Gary B. Jackson at other forms of information technology to Form Number: CMS–10174 (OMB#: 410–786–1218. For all other issues call minimize the information collection 0938–0982). 410–786–1326.) burden. Frequency: Reporting—Monthly. To obtain copies of the supporting 1. Type of Information Collection Affected Public: Business or other for- statement and any related forms for the Request: Extension without change of a profits and not-for-profit institutions. proposed paperwork collections currently approved collection; Title of Number of Respondents: 747. referenced above, access CMS Web Site Information Collection: Creditable Total Annual Responses: 947,881,770. address at http://www.cms.hhs.gov/ Coverage Disclosure to CMS On-Line Total Annual Hours: 1896. PaperworkReductionActof1995, or E- Form and Instructions; Use: Most (For policy questions regarding this mail your request, including your entities that currently provide collection contact Bobbie Knickman at address, phone number, OMB number, prescription drug benefits to any 410–786–4161. For all other issues call and CMS document identifier, to Medicare Part D eligible individual 410–786–1326.) [email protected], or call the must disclose to the CMS whether the 2. Type of Information Collection Reports Clearance Office on (410) 786– prescription drug benefit that they offer Request: New collection. 1326. is creditable. The disclosure is required Title of Information Collection: To be assured consideration, to be provided annually and upon any Medicare Quality of Care Complaint comments and recommendations for the change that affects whether the coverage Form. proposed information collections must is creditable prescription drug coverage. Use: In accordance with Section be received by the OMB desk officer at CMS released a Disclosure to CMS 1154(a)(14) of the Social Security Act, the address below, no later than 5 p.m. Guidance Paper and a disclosure to Quality Improvement Organizations on September 21, 2009: CMS notification on-line form in (QIOs) are required to conduct January 2006. appropriate reviews of all written OMB, Office of Information and Section 1860D–1 of the Medicare complaints submitted by beneficiaries Regulatory Affairs, Attention: CMS Prescription Drug, Improvement, and concerning the quality of care received. Desk Officer, Fax Number: (202) 395– Modernization Act of 2003 (MMA) and 6974, E-mail: The Medicare Quality of Care Complaint _ implementing regulations at 42 CFR Form will be used by Medicare OIRA [email protected]. 423.56 requires that entities that offer beneficiaries to submit quality of care Dated: August 14, 2009. prescription drug benefits under any of complaints. This form will establish a Michelle Shortt, the types of coverage described in 42 standard form for all beneficiaries to Director, Regulations Development Group, CFR 423.56(b) provide a disclosure of utilize and ensure pertinent information Office of Strategic Operations and Regulatory creditable coverage to CMS informing us is obtained by QIOs to effectively Affairs. whether such coverage meets the process these complaints. [FR Doc. E9–20127 Filed 8–20–09; 8:45 am] actuarial requirements specified in Form Number: CMS–10287 (OMB#: BILLING CODE 4120–01–P guidelines provided by CMS. Form 0938–New). Number: CMS–10198 (OMB#: 0938– Frequency: Reporting—on occasion. 1013); Frequency: Reporting—Yearly Affected Public: Individuals or DEPARTMENT OF HEALTH AND and Semi-annually; Affected Public: households. HUMAN SERVICES Federal Government, Business or other Number of Respondents: 3,500. for-profits and not-for-profit Total Annual Responses: 3,500. Centers for Medicare & Medicaid institutions, and State, Local, or Tribal Total Annual Hours: 583. Services Governments; Number of Respondents: (For policy questions regarding this [Document Identifier: CMS–10198] 87,500; Total Annual Responses: collection contact Tom Kessler at 410– 87,500; Total Annual Hours: 7,291.7. 786–1991. For all other issues call 410– Agency Information Collection (For policy questions regarding this 786–1326.) Activities: Proposed Collection; collection contact James Mayhew at 3. Type of Information Collection Comment Request 410–786–9244. For all other issues call Request: Extension of a currently 410–786–1326.) approved collection. AGENCY: Centers for Medicare & To obtain copies of the supporting Title of Information Collection: Medicaid Services. statement and any related forms for the External Quality Review Protocols. In compliance with the requirement proposed paperwork collections Use: The results of Medicare reviews, of section 3506(c)(2)(A) of the referenced above, access CMS’ Web site Medicare accreditation services, and Paperwork Reduction Act of 1995, the at http://www.cms.hhs.gov/ Medicaid external quality reviews will Centers for Medicare & Medicaid PaperworkReductionActof1995, or E- be used by States in assessing the Services (CMS) is publishing the mail your request, including your quality of care provided to Medicaid following summary of proposed address, phone number, OMB number, beneficiaries by managed care collections for public comment. and CMS document identifier, to organizations and to provide Interested persons are invited to send [email protected], or call the information on the quality of care comments regarding this burden Reports Clearance Office on (410) 786– provided to the general public upon estimate or any other aspect of this 1326. request. collection of information, including any In commenting on the proposed Form Number: CMS–R–305 (OMB#: of the following subjects: (1) The information collections please reference 0938–0786). necessity and utility of the proposed the document identifier or OMB control Frequency: Reporting—Yearly. information collection for the proper number. To be assured consideration,

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comments and recommendations must Programs (HF–18), Office of the • The essential toxicological, be submitted in one of the following Commissioner, Food and Drug pharmacological, and manufacturing ways by October 20, 2009: Administration, 5600 Fishers Lane, data to support investigational use in 1. Electronically. You may submit Rockville, MD 20857, 301–796–3605, humans; your comments electronically to http:// [email protected]; or • Fundamental issues in the design www.regulations.gov. Follow the Nancy Stanisic, Office of Critical Path and conduct of clinical trials; instructions for ‘‘Comment or Programs (HF–18), Office of the Submission’’ or ‘‘More Search Options’’ Commissioner, Food and Drug • Statistical and analytic to find the information collection Administration, 5600 Fishers Lane, considerations in the interpretation of document(s) accepting comments. Rockville, MD 20857, 301–827–1660, trial data; 2. By regular mail. You may mail [email protected]. • Appropriate safety evaluation written comments to the following Registration: Register by November 2, during studies; and address: CMS, Office of Strategic 2009, at the registration/information • The ethical considerations and Operations and Regulatory Affairs, Web site at https://www.trials Division of Regulations Development, transformation.org/fda-clinical- regulatory requirements for clinical Attention: Document Identifier/OMB investigator-training-course/ or by fax at trials. Control Number (CMS–10198), Room 919–660–1769. Registration materials, In addition, the course should: C4–26–05, 7500 Security Boulevard, payment procedures, accommodation • Foster a cadre of clinical Baltimore, Maryland 21244–1850. information, and a detailed description investigators with knowledge, Dated: August 14, 2009. of the course can be found at the experience, and commitment to Michelle Shortt, registration/information Web site. The investigational medicine; registration fee is $300 per person. The Director, Regulations Development Group, • fee includes course materials and onsite Promote communication between Office of Strategic Operations and Regulatory clinical investigators and FDA; Affairs. lunch. Early registration is • [FR Doc. E9–20128 Filed 8–20–09; 8:45 am] recommended because seating is Enhance investigators’ limited. There will be no onsite understanding of FDA’s role in BILLING CODE 4120–01–P registration. If you need special experimental medicine; and accommodations due to a disability, • Improve the quality of data while DEPARTMENT OF HEALTH AND please contact one of the persons listed enhancing subject protection in the HUMAN SERVICES in the FOR FURTHER INFORMATION performance of clinical trials. CONTACT section of this document. Food and Drug Administration SUPPLEMENTARY INFORMATION: B. Proposed Agenda [Docket No. FDA–2009–N–0391] I. Background The course will be conducted over 3 days and will comprise approximately Clinical Investigator Training Course Clinical trial investigators play a critical role in the development of 26 lectures, each lasting between 30 and AGENCY: Food and Drug Administration, medical products. They bear the 45 minutes. Two sessions of case HHS. responsibility for ensuring the safe and studies will be included for which ACTION: Notice. ethical treatment of study subjects and participants will be expected to do for acquiring adequate and reliable data preparatory reading and answer SUMMARY: The Food and Drug to support regulatory decisions. This questions. The course will be presented Administration’s (FDA’s) Office of course is intended to assist clinical mainly by senior FDA staff, with guest Critical Path Programs and the Clinical investigators in understanding what lecturers presenting selected topics. Trials Transformation Initiative (CTTI) preclinical and clinical information is On day one, the course will address are co-sponsoring a 3-day training needed to support the investigational the role of FDA in clinical studies, course for clinical investigators on use of medical products, as well as the regulatory considerations for clinical scientific, ethical, and regulatory scientific, regulatory, and ethical trials, and review of the material aspects of clinical trials. This training considerations involved in the conduct generally appearing in an ‘‘investigator’s course is intended to provide of clinical trials. The course will cover investigators with expertise in the brochure,’’ i.e., the preclinical a wide variety of key topics, including information (toxicology, animal studies, design, conduct, and analysis of clinical material on novel safety concerns, trials; improve the quality of clinical and chemistry/manufacturing adverse event monitoring, compliance information) that supports initial trials; and enhance the safety of trial with the legal and ethical obligations of participants. Senior FDA staff will clinical trials in humans. Presentations clinical research, and acceptable will also discuss the role of clinical communicate directly with clinical scientific and analytic standards in the investigators on issues of greatest pharmacology in early clinical studies design and conduct of clinical studies. and how this information is used in the importance for successful clinical The faculty will include a diverse research. design of subsequent studies. Day two representation of senior FDA staff, will include discussions of scientific, DATES: The training course will be held enabling FDA to communicate directly statistical, ethical, and regulatory on November 16 and 17, 2009, from 8 with clinical investigators on issues of aspects of clinical studies. Day three a.m. to 5 p.m. and on November 18, greatest importance for successful will include discussions of safety 2009, from 8 a.m. to 3:30 p.m. clinical research. assessment in clinical trials, including ADDRESSES: The course will be held at II. Description of the Training Course hepatic and cardiovascular safety, the National Labor College, 10000 New approaches to special populations (e.g., Hampshire Ave., Silver Spring, MD A. Purpose pregnant women and pediatrics), and 20903. The training course is designed to the role of personalized medicine and FOR FURTHER INFORMATION CONTACT: provide clinical investigators with an new scientific techniques in medical Devota DeMarco, Office of Critical Path overview of the following topics: product development.

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C. Target Audience Dockets Management (HFA–305), Food manufacturer’s assistance, information The course is targeted at healthcare and Drug Administration, 5630 Fishers on video conferencing and electronic professionals responsible for, or Lane, rm. 1061, Rockville, MD 20852. submissions, Mammography Matters, involved in, the conduct and/or design Submit electronic comments to http:// and other device-oriented information. of clinical trials. www.regulations.gov. Identify The CDRH Web site may be accessed at comments with the docket number http://www.fda.gov/cdrh. A search Dated: August 14, 2009. found in brackets in the heading of this capability for all CDRH guidance David Horowitz, document. documents is available at http:// Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: www.fda.gov/cdrh/guidance.html. [FR Doc. E9–20084 Filed 8–20–09; 8:45 am] Howard Press, Center for Devices and Guidance documents are also available BILLING CODE 4160–01–S Radiological Health, Food and Drug on the Division of Dockets Management Administration, 10903 New Hampshire Internet site at http:// Ave., Building 66, rm. 3320, Silver www.regulations.gov. DEPARTMENT OF HEALTH AND Spring, MD 20993–0002, 301–796–6087. HUMAN SERVICES IV. Paperwork Reduction Act of 1995 SUPPLEMENTARY INFORMATION: Food and Drug Administration I. Background This draft guidance refers to proposed collections of information described in [Docket No. FDA–2008–D–0395] The draft guidance document FDA’s proposed rule on medical device provides information related to the Draft Guidance for Industry, User reporting, electronic submission submission of postmarket MDRs in requirements, published elsewhere in Facilities, and Food and Drug electronic format, including technical Administration Staff; eMDR— this issue of the Federal Register. The information. The information provided proposed collections of information in Electronic Medical Device Reporting; in the draft guidance document is Availability the proposed rule are subject to review intended to help reporters prepare the by the Office of Management and AGENCY: Food and Drug Administration, MDR for electronic submission in a way Budget (OMB) under the Paperwork HHS. that would satisfy the requirements of Reduction Act of 1995 (PRA) (44 U.S.C. FDA’s proposed electronic Medical ACTION: Notice. 3501–3520). In accordance with the device reporting regulation that is proposed medical device regulation, SUMMARY: The Food and Drug published elsewhere in this issue of the medical device manufacturers, Administration (FDA) is announcing the Federal Register. importers, and user facilities would be availability of the draft guidance II. Significance of Guidance required to submit MDRs to FDA, to entitled ‘‘eMDR—Electronic Medical This draft guidance is being issued maintain records, and may also seek Device Reporting.’’ The draft guidance exemption or variance from these document addresses general issues consistent with FDA’s good guidance practices regulation (21 CFR 10.115). requirements. Manufacturers, importer, related to the submission of postmarket and user facilities are currently medical device reports (MDRs) in The draft guidance, when finalized will represent the agency’s current thinking submitting paper MDR reports on FDA electronic format. Elsewhere in this Form 3500 A, for which the existing issue of the Federal Register, FDA is on electronic medical device reporting (eMDR). It does not create or confer any information collection requirements publishing a proposed rule to require under 21 CFR part 803 are approved that manufacturers, importers, and user rights for or on any person and does not operate to bind FDA or the public. An under OMB control number 0910–0437. facilities submit most MDRs to the The changes to the burden associated agency in electronic format. alternative approach may be used if such approach satisfies the with this proposed rule have been sent DATES: Although you can comment on requirements of the applicable statute to OMB as a revision to OMB control any guidance at any time (see 21 CFR and regulations. number 0910–0437 for review under 10.115 (g)(5)), to ensure that the agency section 307(d) of the PRA. considers your comment on this draft III. Electronic Access V. Comments guidance before it begins work on the Persons interested in obtaining a copy final version of the guidance, submit of the draft guidance may do so by using Interested persons may submit to the written or electronic comments on the the Internet. To receive an electronic Division of Dockets Management (see draft guidance by November 19, 2009. copy of ‘‘eMDR—Electronic Medical ADDRESSES), written or electronic ADDRESSES: Submit written requests for Device Reporting’’ you may either send comments regarding this document. single copies of the draft guidance an e-mail request to [email protected] Submit a single copy of electronic document entitled ‘‘eMDR—Electronic or send a fax request to 240–276–3151 comments or two paper copies of any Medical Device Reporting’’ to the to receive a hard copy. Please use the mailed comments, except that Division of Small Manufacturers, document number 1679 to identify the individuals may submit one paper copy. International, and Consumer Assistance guidance you are requesting. Comments are to be identified with the , Center for Devices and Radiological The Center for Devices and docket number found in brackets in the Health, Food and Drug Administration, Radiological Health (CDRH) maintains heading of this document. Received 10903 New Hampshire Ave., Building an entry on the Internet for easy access comments may be seen in the Division 66, rm. 4613, Silver Spring, MD 20993– to information including text, graphics, of Dockets Management between 9 a.m. 0002. Send one self-addressed adhesive and files that may be downloaded to a and 4 p.m., Monday through Friday. label to assist that office in processing personal computer with Internet access. your request, or fax your request to 301– Updated on a regular basis, the CDRH Dated: August 11, 2009. 847–8149. See the SUPPLEMENTARY home page includes device safety alerts, Jeffrey Shuren, INFORMATION section for information on Federal Register reprints, information Associate Commissioner for Policy and electronic access to the guidance. on premarket submissions (including Planning. Submit written comments concerning lists of approved applications and [FR Doc. E9–19681 Filed 8–20–09; 8:45 am] this draft guidance to the Division of manufacturers’ addresses), small BILLING CODE 4160–01–S

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DEPARTMENT OF HEALTH AND document announced the availability of the Federal Register of August 3, 2009, HUMAN SERVICES a draft guidancet entitled ‘‘Guidance for the following correction is made: Industry: Guide to Minimize Microbial 1. On page 38439, in the third Food and Drug Administration Food Safety Hazards of Melons.’’ The column, in the ‘‘DATES’’ section, in the [Docket No. FDA–2009–D–0346] document was published with an eighth line, ‘‘October 2, 2009’’ is incorrect date for submitting written or corrected to read ‘‘November 2, 2009’’. Draft Guidance for Industry: Guide to electronic comments on the draft Dated: August 17, 2009. guidance. This document corrects that Minimize Microbial Food Safety David Horowitz, Hazards of Tomatoes; Availability; error. Assistant Commissioner for Policy. Correction FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–20101 Filed 8–20–09; 8:45 am] Willette Crawford, Center for Food AGENCY: Food and Drug Administration, BILLING CODE 4160–01–S HHS. Safety and Applied Nutrition (HFS– 317), Food and Drug Administration, ACTION: Notice; correction. 5100 Paint Branch Pkwy., College Park, DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug MD 20740, 301–436–1111. HUMAN SERVICES Administration is correcting a notice SUPPLEMENTARY INFORMATION: In FR Doc. that appeared in the Federal Register of E9–18452, appearing on page 38437 in National Institutes of Health August 3, 2009 (74 FR 38438). The the Federal Register of Wednesday, National Institute of Mental Health; document announced the availability of August 3, 2009, the following correction Notice of Closed Meeting a draft guidance entitled ‘‘Guidance for is made: Industry: Guide to Minimize Microbial On page 38437, in the third column, Pursuant to section 10(d) of the Food Safety Hazards of Tomatoes.’’ The in the DATES section, in the eighth line, Federal Advisory Committee Act, as document was published with an ‘‘October 2, 2009’’ is corrected to read amended (5 U.S.C. App.), notice is incorrect date for submitting written or ‘‘November 2, 2009’’. hereby given of the following meeting. electronic comments on the draft Dated: August 17, 2009. The meeting will be closed to the guidance. This document corrects that David Horowitz, public in accordance with the error. Assistant Commissioner for Policy. provisions set forth in sections FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–20102 Filed 8–20–09; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Michelle A. Smith, Center for Food BILLING CODE 4160–01–S as amended. The grant applications and Safety and Applied Nutrition (HFS– the discussions could disclose 317), Food and Drug Administration, confidential trade secrets or commercial 5100 Paint Branch Pkwy., College Park, DEPARTMENT OF HEALTH AND property such as patentable material, MD 20740, 301–436–2024. HUMAN SERVICES and personal information concerning SUPPLEMENTARY INFORMATION: In FR Doc. individuals associated with the grant E9–18453, appearing on page 38438 in Food and Drug Administration applications, the disclosure of which the Federal Register of August 3, 2009, [Docket No. FDA–2009–D–0348] would constitute a clearly unwarranted the following correction is made: invasion of personal privacy. 1. On page 38438, in the third Draft Guidance for Industry: Guide to Name of Committee: National Institute of column, in the ‘‘DATES’’ section, in the Minimize Microbial Food Safety Mental Health Special Emphasis Panel; eighth line, ‘‘October 2, 2009’’ is Hazards of Leafy Greens; Availability; ARRA Studies Involving Human Embryonic corrected to read ‘‘November 2, 2009’’. Correction Stem Cells. Date: August 28, 2009. Dated: August 17, 2009. AGENCY: Food and Drug Administration, Time: 1 p.m. to 3 p.m. David Horowitz, HHS. Agenda: To review and evaluate grant applications. Assistant Commissioner for Policy. ACTION: Notice; correction. [FR Doc. E9–20103 Filed 8–20–09; 8:45 am] Place: National Institutes of Health, Neuroscience Center, 6001 Executive BILLING CODE 4160–01–S SUMMARY: The Food and Drug Administration is correcting a notice Boulevard, Rockville, MD 20852. (Telephone Conference Call) that appeared in the Federal Register of Contact Person: David W Miller, PhD, DEPARTMENT OF HEALTH AND August 3, 2009 (74 FR 38439). The Scientific Review Officer, Division of HUMAN SERVICES document announced the availability of Extramural Activities, National Institute of a draft guidance entitled ‘‘Guidance for Mental Health, NIH, Neuroscience Center, Food and Drug Administration Industry: Guide to Minimize Microbial 6001 Executive Blvd, Room 6140, MSC 9608, [Docket No. FDA–2009–D–0347] Food Safety Hazards of Leafy Greens.’’ Bethesda, MD 20892–9608, 301–443–9734, The document was published with an [email protected]. Draft Guidance for Industry: Guide to incorrect date for submitting written or This notice is being published less than 15 electronic comments on the draft days prior to the meeting due to the timing Minimize Microbial Food Safety limitations imposed by the review and Hazards of Melons; Availability; guidance. This document corrects that funding cycle. error. Correction (Catalogue of Federal Domestic Assistance AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: Program Nos. 93.242, Mental Health Research HHS. Amy Green, Center for Food Safety and Grants; 93.281, Scientist Development Applied Nutrition (HFS–317), Food and Award, Scientist Development Award for ACTION: Notice; correction. Drug Administration, 5100 Paint Branch Clinicians, and Research Scientist Award; Pkwy., College Park, MD 20740, 301– 93.282, Mental Health National Research SUMMARY: The Food and Drug Service Awards for Research Training; Administration is correcting a notice 436–2025. 93.701, ARRA Related Biomedical Research that appeared in the Federal Register of SUPPLEMENTARY INFORMATION: In FR Doc. and Research Support Awards, National August 3, 2009 (74 FR 38437). The E9–18451, appearing on page 38439 in Institutes of Health, HHS)

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Dated: August 13, 2009. there are health differences among constraints, only one representative Anna Snouffer, diverse populations of women remains from an organization or professional Deputy Director, Office of Federal Advisory a critical area in need of continued specialty group may give oral testimony. Committee Policy. focus and attention. Individuals not representing an [FR Doc. E9–20152 Filed 8–20–09; 8:45 am] The ORWH challenges all meeting organized entity but a personal point of BILLING CODE 4140–01–P attendees to assist the NIH in defining view are similarly invited to present the women’s health research agenda of written and/or oral testimony. A letter the future by thinking beyond of intent to present oral testimony is DEPARTMENT OF HEALTH AND traditional women’s health issues. The necessary and should be sent HUMAN SERVICES ORWH and NIH ask meeting electronically to http:// participants to consider creative www.orwhmeetings.com/ National Institutes of Health strategies to identify areas of research movingintothefuture/ or by mail to Ms. that are best poised for advancement, Jory Barone, Educational Services, Inc., Notice of Meeting; Moving Into the identify innovative ways in which 4350 East-West Highway, Suite 1100, Future—New Dimensions and persistent issues of health and disease Bethesda, MD 20814, no later than Strategies for Women’s Health can be addressed, and explore new October 4, 2009. The date of receipt of Research for the National Institutes of horizons of scientific concepts and the communication will establish the Health investigative approaches. Attention also order of those selected to give oral needs to be paid to new areas of science Notice is hereby given that the Office testimony at the October meeting. application, new technologies, and Those wishing to present oral of Research on Women’s Health continuing basic science investigations. testimony are also asked to submit a (ORWH), Office of the Director, National Clinical questions that are not currently written form of their testimony that is Institutes of Health, Department of the focus of research priorities need to limited to a maximum of 10 pages, Health and Human Services, in be considered to ensure that women’s double spaced, 12 point font, and collaboration with Northwestern health research is optimally served and should include a brief description of the University’s Feinberg School of that the ORWH can continue to provide organization. Electronic submission to Medicine and Northwestern Memorial leadership for the benefit of women’s the above Web site is preferred; Hospital, will convene a public hearing health, nationally and internationally. however, for those who do not have and scientific workshop on October 14– access to electronic means, written Meeting Format 16, 2009, at Northwestern University, testimony, bound by the restrictions Thorne Auditorium, Arthur Rubloff The meeting will consist of public previously noted and postmarked no Building, Chicago, Illinois. testimony, scientific panels and seven later than October 4, 2009, can be Purpose of the Meeting concurrent scientific working groups. mailed to Ms. Jory Barone at the above Specifically, on October 14, individuals address. All written presentations must With rapid advances in science and representing a full spectrum of meet the established page limitations. wider global understanding of women’s organizations interested in biomedical Submissions exceeding this limit will health and sex/gender contributions to and behavioral research on women’s not be accepted and will be returned. well-being and disease, the purpose of health issues will have an opportunity Oral testimony of this material at the the meeting is to ensure that NIH to provide public testimony from 2 to 6 meeting will be limited to no more than continues to support cutting-edge p.m. On October 15 and 16, plenary 5–6 minutes in length. women’s health research that is based sessions will focus on the intersection of Because of time constraints for oral upon the most advanced techniques and health care, public policy, and testimony, testifiers may not be able to methodologies. The meeting format is biomedical research; on emerging issues present the complete information as it is designed to promote an interactive and trends in health care; and on contained in their written form discussion involving leading scientists, research paradigms of the future. The submitted for inclusion in the public advocacy groups, public policy experts, seven concurrent afternoon sessions on record for the meeting. Therefore, health care providers, and the general October 15 will focus on a range of testifiers are requested to summarize the public. The Chicago meeting is the research areas, including preventive major points of emphasis from the fourth in a series that will be convened heath and special populations; clinical written testimony, not to exceed 6 throughout the Nation to help the trials/research; new technologies, minutes of oral testimony. Those ORWH and NIH move into the next bioengineering, imaging; genetics/ individuals or organizations that have decade of women’s health research. epigenetics; sex hormones and disease; indicated they will present oral As science and technology advance neuroscience; and women in science testimony at the meeting in Chicago will and fields such as computational careers. On October 16, the morning be notified prior to the meeting biology demonstrate the power of session will be devoted to reports by the regarding the approximate time for their interdisciplinary research, it remains working group co-chairs regarding the oral presentation. critical for sex and gender factors to be recommendations emerging from Individuals and organizations wishing integrated into broad experimental working group deliberations on the to provide written statements only methodologies and scientific previous day. The meeting will adjourn should send a copy of their statements, approaches across the lifespan. at 12:45 p.m. on October 16. electronically or by mail, to the above Biomedical and behavioral research are Web site or address by October 4, 2009. also necessary to understand how Public Testimony Written testimony received by that date cultural, ethnic, and racial differences The ORWH invites individuals with will be made available at the October influence the causes, diagnosis, an interest in research related to 14–16 meeting. Logistics questions progression, treatment, and outcome of women’s health to provide written and/ related to the meeting should be disease among different populations, or oral testimony on these topics and/ addressed to Ms. Jory Barone at ESI, including women of diverse geographic or on issues related to the sustained while program-specific questions locations and socioeconomic advancement of women in various should be addressed to Dr. Jody K. backgrounds. Furthermore, the fact that biomedical careers. Due to time Hirsch at the Feinberg School of

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Medicine, Chicago, Illinois, at telephone Place: National Institutes of Health, notify the Contact Person listed below number 312–503–3659 or e-mail address Natcher Building, 45 Center Drive, Bethesda, in advance of the meeting. [email protected]. MD 20892. The meeting will be closed to the Contact Person: Benjamin Carollo, MPA, At the conclusion of the regional public in accordance with the Advocacy Relations Manager, Office of provisions set forth in sections meetings, the ORWH will hold a Advocacy Relations, Building 31, Room meeting at the NIH to summarize the 10A30, 31 Center Drive, MSC 2580, National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., deliberations from the regional Cancer Institute, NIH, DHHS, Bethesda, MD as amended. The grant applications and conferences. The resulting report to the 20892–2580. 301–496–0307. the discussions could disclose ORWH and the NIH will ensure that [email protected]. confidential trade secrets or commercial women’s health research in the coming Any interested person may file written property such as patentable material, decade continues to support a vigorous comments with the committee by forwarding and personal information concerning the statement to the Contact Person listed on individuals associated with the grant research agenda incorporating the latest this notice. The statement should include the advances in technology and cutting- applications, the disclosure of which name, address, telephone number and when would constitute a clearly unwarranted edge science. applicable, the business or professional invasion of personal privacy. Dated: August 13, 2009. affiliation of the interested person. In the interest of security, NIH has Name of Committee: National Advisory Raynard S. Kington, instituted stringent procedures for entrance Environmental Health Sciences Council. Acting Director, National Institutes of Health. onto the NIH campus. All visitor vehicles, Date: September 15–16, 2009. [FR Doc. E9–20149 Filed 8–20–09; 8:45 am] including taxicabs, hotel, and airport shuttles Open: September 15, 2009, 8:30 a.m. to 5 BILLING CODE 4140–01–P will be inspected before being allowed on p.m. campus. Visitors will be asked to show one Agenda: Discussion of program policies form of identification (for example, a and issues. DEPARTMENT OF HEALTH AND government-issued photo ID, driver’s license, Place: Nat. Inst. of Environmental Health HUMAN SERVICES or passport) and to state the purpose of their Sciences, Building 101, Rodbell Auditorium, visit. 111 T. W. Alexander Drive, Research National Institutes of Health Information is also available on the Triangle Park, NC 27709. Institute’s/Center’s home page:http:// Open: September 16, 2009, 8:30 a.m. to National Cancer Institute; Notice of deainfo.nci.nih.gov/advisory/dclg/dclg.htm, 10:30 a.m. Agenda: Discussion of program policies Meeting where an agenda and any additional information for the meeting will be posted and issues. when available. Place: Nat. Inst. of Environmental Health Pursuant to section 10(a) of the Sciences, Building 101, Rodbell Auditorium, Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 111 T. W. Alexander Drive, Research Triangle Park, NC 27709. amended (5 U.S.C. App.), notice is 93.393, Cancer Cause and Prevention Closed: September 16, 2009, 10:30 a.m. to hereby given of a meeting of the Research; 93.394, Cancer Detection and 12 p.m. National Cancer Institute Director’s Diagnosis Research; 93.395, Cancer Agenda: To review and evaluate grant Consumer Liaison Group. Treatment Research; 93.396, Cancer Biology applications. Research; 93.397, Cancer Centers Support; The meeting will be open to the Place: Nat. Inst. of Environmental Health 93.398, Cancer Research Manpower; 93.399, public, with attendance limited to space Sciences, Building 101, Rodbell Auditorium, Cancer Control, National Institutes of Health, available. Individuals who plan to 111 T. W. Alexander Drive, Research HHS) attend and need special assistance, such Triangle Park, NC 27709. as sign language interpretation or other Dated: August 17, 2009. Contact Person: Gwen W Collman, PHD, reasonable accommodations, should Jennifer Spaeth, Interim Director, Division of Extramural Research & Training, National Institutes of Director, Office of Federal Advisory notify the Contact Person listed below Health, Nat. Inst. of Environmental Health Committee Policy. in advance of the meeting. Sciences, 615 Davis Dr., KEY615/3112, Name of Committee: National Cancer [FR Doc. E9–20170 Filed 8–20–09; 8:45 am] Research Triangle Park, NC 27709, (919) 541– Institute Director’s Consumer Liaison Group. BILLING CODE 4140–01–P 4980, [email protected]. Date: October 20–22, 2009. Any interested person may file written Time: October 20, 2009, 2 p.m. to 6 p.m. comments with the committee by forwarding Agenda: Welcome, Overview of the NCI DEPARTMENT OF HEALTH AND the statement to the Contact Person listed on Advanced Therapeutics Platform, Expert HUMAN SERVICES this notice. The statement should include the Panel on NCI Therapeutics Platform. name, address, telephone number and when Place: National Institutes of Health, National Institutes of Health applicable, the business or professional Natcher Building, 45 Center Drive, Bethesda, affiliation of the interested person. MD 20892. National Institute of Environmental Information is also available on the Time: October 21, 2009, 8:30 a.m. to 5:30 Health Sciences; Notice of Meeting Institute’s/Center’s home page: http:// p.m. www.niehs.nih.gov/dert/c-agenda.htm, where Agenda: Gaining Community Input on NCI an agenda and any additional information for Pursuant to section 10(d) of the the meeting will be posted when available. Therapeutics Platform, Communicating with Federal Advisory Committee Act, as the Community About the NCI Therapeutics (Catalogue of Federal Domestic Assistance Platform, Advocates in Research Working amended (5 U.S.C. App.), notice is Program Nos. 93.115, Biometry and Risk Group Discussion, NCI National Outreach hereby given of a meeting of the Estimation—Health Risks from Network Discussion. National Advisory Environmental Environmental Exposures; 93.142, NIEHS Place: National Institutes of Health, Health Sciences Council. Hazardous Waste Worker Health and Safety Natcher Building, 45 Center Drive, Bethesda, The meeting will be open to the Training; 93.143, NIEHS Superfund MD 20892. public as indicated below, with Hazardous Substances—Basic Research and Time: October 22, 2009, 8:30 a.m. to 1 p.m. Education; 93.894, Resources and Manpower Agenda: Communicating with the attendance limited to space available. Development in the Environmental Health Community about the NCI Therapeutics Individuals who plan to attend and Sciences; 93.113, Biological Response to Platform (cont’d), Engaging the Community need special assistance, such as sign Environmental Health Hazards; 93.114, Around the NCI Therapeutics Platform, language interpretation or other Applied Toxicological Research and Testing, Discussion with NCI Director. reasonable accommodations, should National Institutes of Health, HHS)

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Dated: August 17, 2009. 20892–2178, 301/496–8230, Contact Person: Shanta Rajaram, Ph.D., Jennifer Spaeth, [email protected]. Scientific Review Administrator, Scientific Director, Office of Federal Advisory Any interested person may file written Review Branch, Division Of Extramural Committee Policy. comments with the committee by forwarding Research, NINDS/NIH/DHHS/Neuroscience the statement to the Contact Person listed on Center, 6001 Executive Blvd., Suite 3208, [FR Doc. E9–20168 Filed 8–20–09; 8:45 am] this notice. The statement should include the MSC9529, Bethesda, MD 20852, (301) 435– BILLING CODE 4140–01–P name, address, telephone number and when 6033, [email protected]. applicable, the business or professional This notice is being published less than 15 affiliation of the interested person. days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND In the interest of security, NIH has limitations imposed by the review and HUMAN SERVICES instituted stringent procedures for entrance funding cycle. onto the NIH campus. All visitor vehicles, (Catalogue of Federal Domestic Assistance National Institutes of Health including taxicabs, hotel, and airport shuttles Program Nos. 93.853, Clinical Research will be inspected before being allowed on Related to Neurological Disorders; 93.854, National Institute of Nursing Research; campus. Visitors will be asked to show one Biological Basis Research in the Notice of Meeting form of identification (for example, a Neurosciences, National Institutes of Health, government-issued photo ID, driver’s license, HHS) Pursuant to section 10(d) of the or passport) and to state the purpose of their Federal Advisory Committee Act, as visit. Dated: August 17, 2009. amended (5 U.S.C. App.), notice is Information is also available on the Jennifer Spaeth, Institute’s/Center’s home page: http:// Director, Office of Federal Advisory hereby given of a meeting of the _ National Advisory Council for Nursing www.nih.gov/ninr/a advisory.html, where an Committee Policy. agenda and any additional information for [FR Doc. E9–20164 Filed 8–20–09; 8:45 am] Research. the meeting will be posted when available. The meeting will be open to the BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance public as indicated below, with Program Nos. 93.361, Nursing Research, attendance limited to space available. National Institutes of Health, HHS). Individuals who plan to attend and DEPARTMENT OF HEALTH AND need special assistance, such as sign Dated: August 17, 2009. HUMAN SERVICES language interpretation or other Jennifer Spaeth, National Institutes of Health reasonable accommodations, should Director, Office of Federal Advisory Committee Policy. notify the Contact Person listed below National Cancer Institute; Notice of in advance of the meeting. [FR Doc. E9–20166 Filed 8–20–09; 8:45 am] Closed Meeting The meeting will be closed to the BILLING CODE 4140–01–P public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is as amended. The grant applications and HUMAN SERVICES hereby given of the following meeting. the discussions could disclose The meeting will be closed to the confidential trade secrets or commercial National Institutes of Health public in accordance with the property such as patentable material, provisions set forth in sections National Institute of Neurological and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Disorders and Stroke; Notice of Closed individuals associated with the grant as amended. The grant applications and Meeting applications, the disclosure of which the discussions could disclose would constitute a clearly unwarranted Pursuant to section 10(d) of the confidential trade secrets or commercial invasion of personal privacy. Federal Advisory Committee Act, as property such as patentable material, Name of Committee: National Advisory amended (5 U.S.C. App.), notice is and personal information concerning Council for Nursing Research. hereby given of the following meeting. individuals associated with the grant Date: September 22–23, 2009. The meeting will be closed to the applications, the disclosure of which Open: September 22, 2009, 9 a.m. to 12 public in accordance with the would constitute a clearly unwarranted p.m. provisions set forth in sections invasion of personal privacy. Agenda: Discussion of Program Policies 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Cancer and Issues. as amended. The grant applications and Institute Special Emphasis Panel. Place: National Institutes of Health, Building 31, 31 Center Drive, Conference the discussions could disclose Quantitative Imaging for Evaluation of Room 6C, Room 6, Bethesda, MD 20892. confidential trade secrets or commercial Responses to Cancer Therapies. Closed: September 22, 2009, 1 p.m. to property such as patentable material, Date: October 22, 2009. Adjournment. and personal information concerning Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant individuals associated with the grant Agenda: To review and evaluate grant applications. applications. applications, the disclosure of which Place: National Institutes of Health, Place: Gaithersburg Hilton, 620 Perry would constitute a clearly unwarranted Parkway, Gaithersburg, MD 20877. Building 31, 31 Center Drive, Conference invasion of personal privacy. Room 6C, Room 6, Bethesda, MD 20892. Contact Person: Kenneth L. Bielat, Ph.D., Closed: September 23, 2009, 9 a.m. to 1 Name of Committee: National Institute of Scientific Review Officer, Special Review p.m. Neurological Disorders and Stroke Special Logistics Branch, Division of Extramural Agenda: To review and evaluate grant Emphasis Panel; Stroke Genetics. Activities, National Cancer Institute, 6116 applications. Date: August 28, 2009. Executive Boulevard, Room 7147, Bethesda, Place: National Institutes of Health, Time: 10:30 a.m. to 12:30 p.m. MD 20892–8329, 301–496–7576, Building 31, 31 Center Drive, Conference Agenda: To review and evaluate grant [email protected]. Room 6C, Room 6, Bethesda, MD 20892. applications. (Catalogue of Federal Domestic Assistance Contact Person: Mary E. Kerr, FAAN, RN, Place: National Institutes of Health, Program Nos. 93.392, Cancer Construction; Ph.D., Deputy Director, National Institute of Neuroscience Center, 6001 Executive 93.393, Cancer Cause and Prevention Nursing, National Institutes of Health, 31 Boulevard, Rockville, MD 20852, (Telephone Research; 93.394, Cancer Detection and Center Drive, Room 5B–05, Bethesda, MD Conference Call) Diagnosis Research; 93.395, Cancer

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Treatment Research; 93.396, Cancer Biology DEPARTMENT OF HEALTH AND Dated: August 17, 2009. Research; 93.397, Cancer Centers Support; HUMAN SERVICES Jennifer Spaeth, 93.398, Cancer Research Manpower; 93.399, Director, Office of Federal Advisory Cancer Control, National Institutes of Health, National Institutes of Health Committee Policy. HHS) [FR Doc. E9–20160 Filed 8–20–09; 8:45 am] Dated: August 17, 2009. National Cancer Institute; Notice of BILLING CODE 4140–01–P Jennifer Spaeth, Closed Meetings Director, Office of Federal Advisory Committee Policy. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND [FR Doc. E9–20163 Filed 8–20–09; 8:45 am] Federal Advisory Committee Act, as HUMAN SERVICES BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is hereby given of the following meetings. National Institutes of Health The meetings will be closed to the DEPARTMENT OF HEALTH AND public in accordance with the National Cancer Institute; Amended HUMAN SERVICES provisions set forth in sections Notice of Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health Notice is hereby given of a change in as amended. The grant applications and the meeting of the National Cancer National Cancer Institute; Notice of the discussions could disclose Institute Special Emphasis Panel, Closed Meeting confidential trade secrets or commercial October 14, 2009, 8 a.m. to October 15, property such as patentable material, 2009, 6 p.m., Hilton Washington DC/ Pursuant to section 10(d) of the and personal information concerning Rockville Executive Meeting C, 1750 Federal Advisory Committee Act, as individuals associated with the grant Rockville Pike, Rockville, MD, 20852 amended (5 U.S.C. App.), notice is applications, the disclosure of which which was published in the Federal hereby given of the following meeting. would constitute a clearly unwarranted Register on July 17, 2009, 74FR34765. The meeting will be closed to the invasion of personal privacy. public in accordance with the The name of the committee on this Name of Committee: National Cancer Federal Register Notice has been provisions set forth in sections Institute Special Emphasis Panel; NIH- 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended to read ‘Epidemiology, Supported Centers for Population Health and Prevention, Control & Population as amended. The grant applications and Health Disparities. the discussions could disclose Sciences’ and not as otherwise stated. Date: September 21–23, 2009. The meeting is closed to the public. confidential trade secrets or commercial Time: 8 a.m. to 5 p.m. property such as patentable material, Agenda: To review and evaluate grant Dated: August 17, 2009. and personal information concerning applications. Jennifer Spaeth, individuals associated with the grant Place: Bethesda Marriott North, 5701 Director, Office of Federal Advisory applications, the disclosure of which Marinelli Road, Rockville, MD 20852. Committee Policy. would constitute a clearly unwarranted Contact Person: Lalita D. Palekar, Ph.D., [FR Doc. E9–20158 Filed 8–20–09; 8:45 am] Scientific Review Officer, Special Review invasion of personal privacy. BILLING CODE 4140–01–P and Logistics Branch, Division of Extramural Name of Committee: National Cancer Activities, National Cancer Institute, 6116 Institute Initial Review Group, Subcommittee Executive Boulevard, Room 7141, Bethesda, DEPARTMENT OF HEALTH AND I—Career Development. MD 20892, 301–496–7575, Date: October 5–6, 2009. [email protected]. HUMAN SERVICES Time: 8 a.m. to 12 p.m. Name of Committee: National Cancer Agenda: To review and evaluate grant National Institutes of Health Institute Special Emphasis Panel; Innovative applications. Place: Hyatt Regency Bethesda, One and Applied Emerging Technologies in National Institute on Aging; Notice of Biospecimen Science. Bethesda Metro Center, 7400 Wisconsin Closed Meeting Avenue, Bethesda, MD 20814. Date: November 4–5, 2009. Contact Person: Robert Bird, Ph.D., Time: 8 a.m. to 5 p.m. Pursuant to section 10(d) of the Scientific Review Officer, Resources and Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. Training Review Branch, Division of amended (5 U.S.C. App.), notice is Extramural Activities, National Cancer Place: Bethesda North Marriott Hotel & Institute, 6116 Executive Boulevard, Room Conference Center, Montgomery County hereby given of the following meeting. 8113, Bethesda, MD 20892–8328. 301–496– Conference Center Facility, 5701 Marinelli The meeting will be closed to the 7978. [email protected]. Road, North Bethesda, MD 20852. public in accordance with the (Catalogue of Federal Domestic Assistance Contact Person: Viatcheslav A. provisions set forth in sections Program Nos. 93.392, Cancer Construction; Soldatenkov, MD, Ph.D., Scientific Review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 93.393, Cancer Cause and Prevention Officer, Special Review and Logistics Branch, as amended. The grant applications and Research; 93.394, Cancer Detection and Division of Extramural Activities, National the discussions could disclose Diagnosis Research; 93.395, Cancer Cancer Institute, 6116 Excecutive Blvd Room confidential trade secrets or commercial Treatment Research; 93.396, Cancer Biology 8057, Bethesda, MD 20892–8329, 301–451– property such as patentable material, 4758, [email protected]. Research; 93.397, Cancer Centers Support; and personal information concerning 93.398, Cancer Research Manpower; 93.399, (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, individuals associated with the grant Program Nos. 93.392, Cancer Construction; applications, the disclosure of which HHS) 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and would constitute a clearly unwarranted Dated: August 17, 2009. invasion of personal privacy. Jennifer Spaeth, Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Name of Committee: National Institute on Director, Office of Federal Advisory Research; 93.397, Cancer Centers Support; Aging Special Emphasis Panel Sleep and Committee Policy. 93.398, Cancer Research Manpower; 93.399, Age. [FR Doc. E9–20161 Filed 8–20–09; 8:45 am] Cancer Control, National Institutes of Health, Date: September 18, 2009. BILLING CODE 4140–01–P HHS) Time: 12:30 p.m. to 4:30 p.m.

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Agenda: To review and evaluate grant determination activities; (6) serves as FDA Modernization Act (FDAMA), and applications. the principal liaison with DST Tribal other legislation. PDUFA was Place: National Institute on Aging, leaders, the Direct Service Tribes reauthorized by the Food and Drug Gateway Building, 7201 Wisconsin Avenue, Advisory Committee (DSTAC), national Administration Amendments Act of Suite 2C212, Bethesda, MD 20814 (Telephone Conference Call). Indian or Tribal organizations, inter- 2007, Title I, Prescription Drug User Fee Contact Person: Jeannette L. Johnson, Tribal consortiums, Area health boards, Amendments of 2007 (PDUFA IV). FDA Ph.D., Scientific Review Officer, National and Service Unit health boards; (7) plans to make even greater progress Institutes on Aging, National Institutes of coordinates quarterly DSTAC and during the PDUFA IV timeframe (Fiscal Health, 7201 Wisconsin Avenue, Suite annual DST meetings to provide a forum Years 2008 through 2012), building on 2C212, Bethesda, MD 20892, 301–402–7705, for DST Tribal leaders to express their the foundation established in previous [email protected]. concerns and primary issues relating to years. The additional resources (Catalogue of Federal Domestic Assistance direct health care delivery by the IHS; provided by user fees, when combined Program Nos. 93.866, Aging Research, (8) coordinates and facilitates meetings with appropriations, have enabled the National Institutes of Health, HHS) between Direct Service and Title I FDA to modernize its information Dated: August 17, 2009. contracting Tribal delegations and the technology infrastructure and begin a Jennifer Spaeth, Office of the Director at Headquarters, monumental transformation from a Director, Office of Federal Advisory during national meetings and at other paper-based to an electronic work Committee Policy. locations as required; (9) maintains a environment. [FR Doc. E9–20156 Filed 8–20–09; 8:45 am] central database of contact information As part of the PDUFA IV BILLING CODE 4140–01–P for Tribal leaders, health directors, commitment, FDA published the health programs, etc.; (10) assures that PDUFA IV Information Technology (IT) Indian Tribes and Tribal organizations Plan for comment to allow the public to DEPARTMENT OF HEALTH AND are informed regarding pertinent health provide feedback as FDA moves towards HUMAN SERVICES policy and program management issues a fully electronic standards-based and that consultation, with participation submission and review environment. Indian Health Service by Indian Tribes and Tribal FDA reviewed the comments, updated organizations, occurs during the the plan, and published the updated Organization, Functions, and development of IHS policies and version in June 2008 (73 FR 36880; June Delegations of Authority Agency decision making; (11) provides 30, 2008). Under the PDUFA IV IT Plan an Part G, Indian Health Service, Proposed technical assistance and support to IHS assessment of progress against the plan Functional Statement Area Offices and to Tribes in administering health programs; and (12) is conducted on an annual basis. The Office of Direct Service and Contracting participates in cross-cutting issues and most recent report, which is available at Tribes (ODSCT) (GABI) processes including but not limited to http://www.fda.gov/oc/pdufa/, reflects (1) Provides Agency leadership and emergency preparedness/security, the current assessment of the PDUFA IV advocacy for Direct Service Tribes (DST) budget formulation, self-determination IT Plan. The report contains four in the development of health policy, issues, Tribal shares computations, and columns. The first three columns were program management, budget resolution of audit findings as needed. previously published as part of the formulation and resource allocation and This reorganization shall be effective original plan. The last column, labeled advises the IHS Director and senior on August 14, 2009. ‘‘Current Status’’ provides details of the management on DST issues and Dated: August 13, 2009. activities for each project assessed. The next assessment will be published in concerns; (2) provides Agency Yvette Roubideaux, leadership concerning policy November 2009. Director, Indian Health Service. More information on the PDUFA development and Agency functions and [FR Doc. E9–20056 Filed 8–20–09; 8:45 am] responsibilities associated with self- program is available at http:// BILLING CODE 4165–16–M determination contracting (Title I of the www.fda.gov/oc/pdufa/. Indian Self-Determination and DATES: Submit written or electronic Education Assistance Act, Public Law DEPARTMENT OF HEALTH AND comments on the assessment at any 93–638, as amended), monitors Agency HUMAN SERVICES time. These comments will be compliance with self-determination considered as the agency makes annual policies, administrative procedures and Food and Drug Administration updates to the plan each fiscal year. guidelines, and advises the Director, ADDRESSES: Submit written requests for IHS, and senior management on [Docket No. FDA–2008–N–0352] single copies of the IT Assessment to the activities and issues related to self- Prescription Drug User Fee Act IV Office of the Chief Information Officer determination contracting; (3) provides Information Technology Assessment (HFA–080), Food and Drug Agency leadership in the development Administration, 5600 Fishers Lane, of contract support cost (CSC) policy, AGENCY: Food and Drug Administration, Rockville, MD 20857. Send one self- and fulfills national operational HHS. addressed adhesive label to assist that responsibilities, with respect to the CSC ACTION: Notice. office in processing your requests. program administered by IHS; (4) Submit written comments on the IT provides Agency leadership with SUMMARY: In the last decade, the Food Assessment to the Division of Dockets respect to policy development and and Drug Adminstration (FDA) has Management (HFA–305), Food and Drug issues concerning new Federally achieved great success in reforming and Administration, 5630 Fishers Lane, rm. recognized/restored Tribes; (5) modernizing its regulatory processes 1061, Rockville, MD 20852. Submit administers a national statutorily and responsibilities as a result of electronic comments to http:// mandated grant program designed to changes and improvements driven by www.regulations.gov. See the assist Tribes and Tribal organizations in the requirements of the Prescription SUPPLEMENTARY INFORMATION section for beginning and/or expanding self- Drug User Fee Act (PDUFA), the 1997 electronic access to the assessment.

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FOR FURTHER INFORMATION CONTACT: Gina DEPARTMENT OF HEALTH AND during the normal workings of an active Kiang, Office of the Chief Information HUMAN SERVICES coal mine. Accordingly, guidelines have Officer, Food and Drug Administration, been established by the Mine Safety and 5600 Fishers Lane, Rockville, MD Centers for Disease Control and Health Administration (MSHA) about 20857, 301–255–6702 Prevention the relative proportion of rock dust that [Docket Number NIOSH–174] needs to be present in both intake and SUPPLEMENTARY INFORMATION: return airways. Specifically, current I. Background Recent Coal Dust Particle Size Surveys MSHA regulations require that intake and the Implications for Mine airways contain at least 65% FDA is announcing the availability of Explosions incombustible content and return the IT Assessment entitled ‘‘Prescription airways contain at least 80%. The AGENCY: National Institute for Drug User Fee Act (PDUFA) IV higher limit for return airways was set Occupational Safety and Health Information Technology Assessment.’’ in large part because fine ‘‘float’’ coal (NIOSH) of the Centers for Disease dust (100% < 200 mesh or 75 μm) tends This Assessment is intended to provide Control and Prevention (CDC), regulated industry and other to collect in these airways. MSHA Department of Health and Human inspectors routinely monitor rock dust stakeholders with information on FDA’s Services (HHS). progress toward the goals set out in the inerting efforts by collecting dust ACTION: Notice of draft publication samples and measuring the percentage PDUFA IV IT Plan. As referenced in that available for public comment. of total incombustible content (TIC). plan published in May 2008, Section These regulations were based on two SUMMARY: The National Institute for 7.2, B. Communications and Technical important findings: a survey of coal dust Occupational Safety and Health Interactions, 3.b., ‘‘FDA will conduct an particle size that was performed in the (NIOSH) of the Centers for Disease annual assessment of progress against 1920s and large-scale explosion tests Control and Prevention (CDC) the IT plan and publish on the FDA conducted in the U.S. Bureau of Mines’ announces the following draft Web site a summary of the assessment Bruceton Experimental Mine (BEM) Publication available for public within 2 months after the close of each using dust particles of that size range to comment entitled ‘‘Recent Coal Dust fiscal year.’’ determine the amount of inerting Particle Size Surveys and the material required to prevent explosion II. Electronic Access Implications for Mine Explosions.’’ The propagation. document and instructions for Mining technology and practices have Persons with access to the Internet submitting comments can be found at may obtain the document at http:// changed considerably since the 1920s http://www.cdc.gov/niosh/review/ when the original coal dust particle www.regulations.gov and at http:// public/174/default.html. www.fda.gov/oc/pdufa. survey was performed. Also, it has been Public Comment Period: Comment shown conclusively that as the average period from August 31, 2009 to III. Comments size of coal dust particles decreases, the September 30, 2009. explosion hazard increases. Given these Interested persons may submit to the ADDRESSES: Written comments may be factors, the National Institute for Division of Dockets Management (see submitted to the NIOSH Docket Office, Occupational Safety and Health ADDRESSES) written or electronic Robert A. Taft Laboratories, 4676 (NIOSH) and MSHA conducted a joint comments regarding this document. Columbia Parkway, MS–C34, survey to determine the range of coal Submit a single copy of electronic Cincinnati, Ohio 45226. All material particle sizes found in dust samples comments or two paper copies of any submitted to the NIOSH should collected from intake and return airways mailed comments, except that reference docket number NIOSH–174 of U.S. coal mines. Results from this individuals may submit one paper copy. and must be submitted by September survey show that the coal dust found in Comments are to be identified with the 30, 2009 to be considered by the mines today is much finer than in mines docket number found in brackets in the Agency. All electronic comments of the 1920s, presumably due to should be formatted as Microsoft Word. heading of this document. Received increased automation and a greater In addition, comments may be sent via comments may be seen in the Division reliance on mining machinery. e-mail to [email protected] or by of Dockets Management between 9 a.m. In light of this recent comprehensive facsimile to (513) 533–8285. A complete dust survey, NIOSH conducted and 4 p.m., Monday through Friday. electronic docket containing all additional large-scale explosion tests at Please note that on January 15, 2008, the comments submitted will be available the Lake Lynn Experimental Mine FDA Division of Dockets Management on the NIOSH Web page at http:// (LLEM) to determine the degree of rock Web site transitioned to the Federal www.cdc.gov/niosh/docket, and dusting necessary to abate explosions Dockets Management System (FDMS). comments will be available in writing using Pittsburgh seam coal dust blended FDMS is a Government-wide, electronic by request. NIOSH includes all as 38% < 200 mesh and referred to as docket management system. Electronic comments received without change in medium-sized dust. Explosion tests comments or submissions will be the electronic docket, including any indicate that medium-sized coal dust accepted by FDA only through FDMS at personal information. All information required 76.4% TIC to prevent http://www.regulations.gov received in response to this notice will explosion propagation. Even the coarse μ Dated: August 12, 2009. be available for public examination and coal dust (20% < 200 mesh or 75 m) copying at the NIOSH Docket Office, representative of samples obtained from Jeffrey Shuren, Room 111, 4676 Columbia Parkway, mines in the 1920s required Associate Commissioner for Policy and Cincinnati, Ohio 45226, telephone (513) approximately 68% TIC to be rendered Planning. 533–8611. inert, a level higher than the current [FR Doc. E9–20083 Filed 8–20–09; 8:45 am] Background: Spreading rock dust in regulation of 65% TIC. In return BILLING CODE 4160–01–S bituminous coal mines is the primary airways, the particle size survey means of reducing the explosion revealed that the average dust particle potential of coal dust that collects size is roughly the same as float coal

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dust as defined in the Coal Mine Health Act Benefits (DHS Form 10001), SUPPLEMENTARY INFORMATION: DHS S&T and Safety Act of 1969. Application for SAFETY Act Renewal provides a secure Web site, accessible Given the results of the recent coal (DHS FORM 10057), Application for through http://www.SAFETYAct.gov, dust particle size survey and large-scale SAFETY Act Developmental Testing through which the public can learn explosion tests, NIOSH recommends a and Evaluation (DT&E) Designation about the program, submit applications new standard of 80% TIC be required in (DHS Form 10006), Application for for SAFETY Act protections, submit the intake airways of bituminous coal SAFETY Act Designation (DHS Form questions to the Office of SAFETY Act mines. The survey results indicate that 10008), Application for SAFETY Act Implementation (OSAI), and provide the current requirement of 80% TIC in Certification (DHS Form 10007), feedback. The data collection forms return airways is still sufficient and Application for SAFETY Act Block have standardized the collection of appropriate. In addition, NIOSH agrees Designation (DHS Form 10005), and information that is both necessary and with and endorses an earlier Application for SAFETY Act Block essential for the DHS OSAI. recommendation that new rock dusting Certification (DHS Form 10004). Overview of Information Collection: standards should be based on a worst- In 2002, The Support Anti-Terrorism (1) Type of Information Collection: case scenario (using high volatile coals) by Fostering Effective Technologies Existing information collection. with no relaxation for lower volatile (SAFETY) Act (6 CFR part 25) was (2) Title of the Form/Collection: coals. enacted as part of the Homeland SAFETY Act Program. FOR FURTHER INFORMATION CONTACT: Dr. Security Act of 2002, Public Law 107– (3) Agency Form Number, if any, and Jeff Kohler, NIOSH Associate Director 296. The SAFETY Act program the applicable component of the for Mining and Construction, 626 promotes the development and use of Department of Homeland Security Cochrans Mill Road, Pittsburgh, PA anti-terrorism technologies that will sponsoring the collection: DHS Science 15236, (412) 386–6544, E-mail enhance the protection of the nation and & Technology Directorate, DHS Forms [email protected]. provides risk management and litigation 10001, 10002, 10003, 10004, 10005, Reference: Web address for this management protections for sellers of 10006, 10007, 10008, 10009, 10010, and publication: http://www.cdc.gov/niosh/ Qualified Anti-Terrorism Technology 10057. review/public/174/pdfs/RD-inertingOut (QATT) and others in the supply and (4) Affected public who will be asked ToExtReview.pdf. distribution chain. or required to respond, as well as a brief The Department of Homeland abstract: Business entities, Associations, Dated: August 14, 2009. Security, Science & Technology and State, Local and Tribal Government Christine M. Branche, Directorate (DHS S&T) currently has entities. Applications are reviewed for Acting Director, National Institute for approval to collect information for the benefits, technology/program Occupational Safety and Health, Centers for implementation of the SAFETY Act evaluations, and regulatory compliance. Disease Control and Prevention. program until January 31, 2010. With (5) An estimate of the total number of [FR Doc. E9–20205 Filed 8–20–09; 8:45 am] this notice, DHS S&T seeks approval to respondents and the amount of time BILLING CODE 4163–19–P renew this information collection for estimated for an average respondent to continued use after this date. The respond: SAFETY Act program requires the a. Estimate of the total number of DEPARTMENT OF HOMELAND collection of this information in order to respondents: 950. SECURITY evaluate and qualify Anti-Terrorism b. An estimate of the time for an Technologies, based on the economic average respondent to respond: 18.2 Science and Technology (S&T) and technical criteria contained in the burden hours. Directorate SAFETY Act Final Rule, for protection (6) An estimate of the total public [Docket No. DHS–2009–0107] in accordance with the Act, and burden (in hours) associated with the therefore encourage the development collection: 17,300 burden hours. Submission for Review; Information and deployment of new and innovative Dated: August 15, 2009. Collection Request for the DHS S&T anti-terrorism products and services. SAFETY Act Program This notice and request for comments Gregg Piermarini, is required by the Paperwork Reduction Acting Chief Information Officer, Science and AGENCY: Science and Technology Act of 1995 (Pub. L. 104–13, 44 U.S.C. Technology Directorate, Department of Homeland Security. Directorate, DHS. chapter 35). ACTION: [FR Doc. E9–20077 Filed 8–20–09; 8:45 am] 30-day Notice and request for DATES: Comments are encouraged and comment. will be accepted until October 20, 2009. BILLING CODE 9110–9F–P SUMMARY: The Department of Homeland ADDRESSES: Interested persons are Security (DHS) invites the general invited to submit written comments on DEPARTMENT OF HOMELAND public to comment on the following the proposed information collection to SECURITY data collection forms for the DHS the Office of Information and Regulatory Science and Technology Directorate’s Affairs, Office of Management and [Docket No. DHS–2009–0100] Support Anti-Terrorism by Fostering Budget. Comments should be addressed to Desk Officer for the Department of The National Infrastructure Advisory Effective Technologies (SAFETY) Act Council Program: Registration of a Seller of an Homeland Security, Science & Anti-Terrorism Technology (DHS Form Technology Directorate, and sent via AGENCY: National Protection and 10010), Request for a Pre-Application electronic mail to Programs Directorate, DHS. [email protected] or faxed Consultation (DHS Form 10009), Notice ACTION: Committee Management; Notice of License of Qualified Anti-Terrorism to 202–395–5806. Please include docket of Federal Advisory Council Meeting. Technology (DHS Form 10003), number [DHS–2009–0107] in the subject Application for Modification of line of the message. SUMMARY: The National Infrastructure SAFETY Act Benefits (DHS Form FOR FURTHER INFORMATION CONTACT: Advisory Council (NIAC) will meet on 10002), Request for Transfer of SAFETY Michael Bowerbank, 202–254–6895. Tuesday, September 8, 2009, at the J.W.

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Marriott’s Salons I and II, 1331 infrastructure as directed by the Office, Room 3136, U.S. Department of Pennsylvania Avenue, Washington, DC President. The September 8, 2009, Housing and Urban Development, 451 20004. meeting will include the final report Seventh Street, SW., Washington, DC DATES: The NIAC will meet Tuesday, from the Critical Infrastructure 20410–8000; telephone 202–708–2625, September 8, 2009, from 1:30 p.m. to Resilience Working Group. extension 3927. Hearing- or speech- 4:30 p.m. Please note that the meeting The meeting agenda is as follows: impaired individuals may call 202–708– may close early if the committee has I. Opening of Meeting 4594 (TTY). These are not toll-free completed its business. For additional II. Roll Call of Members numbers. information, please consult the NIAC III. Opening Remarks and Introductions SUPPLEMENTARY INFORMATION: HUD Web site, http://www.dhs.gov/niac, or IV. Approval of July 2009 Minutes announces its intention to sell certain contact Matthew Sickbert by phone at V. Working Group Final Presentation and subsidized and nonsubsidized mortgage 703–235–2888 or by e-mail at Deliberation of Final Report a. The Critical Infrastructure Resilience loans (Mortgage Loans) secured [email protected]. Working Group primarily by multifamily properties and ADDRESSES: The meeting will be held at VI. Continuing Business one healthcare property to units of State the J.W. Marriott’s Salon I and II, 1331 VII. Closing Remarks and Local Government in Pennsylvania Avenue, Washington, DC VIII. Adjournment noncompetitive transactions. The subsidized mortgage loans contain 20004. While we will be unable to Procedural accommodate oral comments from the Section 8 assistance, Below Market public, written comments may be sent While this meeting is open to the Interest Rates, or Section 236 Interest to Nancy J. Wong, Department of public, participation in the NIAC Rate Reduction Payments. The final Homeland Security, National Protection deliberations is limited to committee listings of the Mortgage Loans will be and Programs Directorate, Washington, members, Department of Homeland available upon request. The Mortgage DC 20528. Written comments should Security officials, and persons invited to Loans will be sold without FHA reach the contact person listed no later attend the meeting for special insurance and with servicing released to than September 1, 2009. Comments presentations. a unit of State and Local Government must be identified by Docket No. DHS– Information on Services for Individuals which will service and maintain the 2009–0100 and may be submitted by With Disabilities mortgage loans as an important element one of the following methods: of continuing the mission of providing Federal eRulemaking Portal: http:// For information on facilities or affordable housing. www.regulations.gov. Follow the services for individuals with disabilities Two loan portfolio sales are in instructions for submitting comments. or to request special assistance at the process: E-mail: meeting, contact the NIAC Secretariat at (1) A portfolio of ten subsidized [email protected]. 703–235–2888 as soon as possible. multifamily loans collateralized by 1,763 Include the docket number in the Signed: August 11, 2009. affordable units in New York City; and subject line of the message. Nancy J. Wong, (2) A portfolio of seven multifamily loans Fax: 703–235–3055. (six nonsubsidized loans, one subsidized Designated Federal Officer, National loan), collateralized by 2,274 units, in Mail: Nancy J. Wong, Department of Infrastructure Advisory Council. Homeland Security, National Protection Arizona, California, the District of Columbia, [FR Doc. E9–20079 Filed 8–20–09; 8:45 am] Illinois, and Tennessee. and Programs Directorate, Washington, BILLING CODE 9110–9P–P DC 20528. Due Diligence Review Instructions: All submissions received Upon HUD’s receipt of an executed must include the words ‘‘Department of Confidentiality Agreement by the Homeland Security’’ and the docket DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT interested purchaser, they will be number for this action. Comments granted access to the available loan received will be posted without [Docket No. FR–5345–N–01] information for the loans to be offered alteration at http://www.regulations.gov, in the sale. Access to loan information including any personal information Notice of HUD-Held Noncompetitive will be provided through electronic provided. Sales of Assets transfer of files. Docket: For access to the docket to read background documents or AGENCY: Office of the Assistant Mortgage Loan Sale Policy comments received by the NIAC, go to Secretary for Housing—Federal Housing HUD reserves the right to add http://www.regulations.gov. Commissioner, HUD. Mortgage Loans to or delete Mortgage FOR FURTHER INFORMATION CONTACT: ACTION: Notice of sales of two portfolios Loans from any sale at any time prior to Nancy J. Wong, NIAC Designated of Secretary-held mortgage loans to the Award Date. Mortgage Loans will Federal Officer, Department of units of Local Government using not be withdrawn after the Award Date Homeland Security, Washington, DC Section 237 of Fiscal Year 2009 except as is specifically provided in the 20528; telephone 703–235–2888. Omnibus Appropriations Act. Loan Sale Agreement. The new SUPPLEMENTARY INFORMATION: Notice of mortgagor will be bound to the terms SUMMARY: This notice announces HUD’s this meeting is given under the Federal indicated by the Loan Sale Agreement. intention to sell certain subsidized and Advisory Committee Act, 5 U.S.C. App. Regulatory Agreements and Escrow nonsubsidized multifamily and (Pub. L. 92–463). The NIAC shall Accounts may continue and may be healthcare mortgage loans in provide the President through the assigned to the mortgagee. noncompetitive sales to units of State Secretary of Homeland Security with These are sales of Mortgage Loans to and Local Government. advice on the security of the critical a unit of local government, pursuant to infrastructure sectors and their DATES: Acceptance of pricing and Section 203(k)(3) of the Housing and information systems. closing of the sale of the assets. Community Development Amendments The NIAC will meet to address issues FOR FURTHER INFORMATION CONTACT: John of 1978, Section 204 of the Departments relevant to the protection of critical Lucey, Deputy Director, Asset Sales of Veterans Affairs and Housing and

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Urban Development, and Independent The plats of survey of the following a site near Vantage, Kittitas County, Agencies Appropriations Act, 1997, and described lands were officially filed in WA. Section 237 of the Omnibus the Bureau of Land Management This notice is published as part of the Appropriations Act of 2009. Oregon/Washington State Office, National Park Service’s administrative Portland, Oregon, on April 22, 2009. responsibilities under NAGPRA, 25 Mortgage Loan Sale Procedure U.S.C. 3003 (d)(3). The determinations HUD will pursue noncompetitive Oregon in this notice are the sole responsibility sales as the method to sell the Mortgage T. 1 S., R. 5 W., accepted April 9, 2009. of the museum, institution, or Federal Loans. This method of sale will ensure T. 2 S., R. 5 W., accepted April 9, 2009. agency that has control of the Native affordable housing by awarding the T. 22 S., R. 5 W., accepted April 9, 2009. American human remains. The National T. 22 S., R. 9 W., accepted April 16, 2009. Mortgage Loans to units of State and T. 35 S., R. 3 W., accepted April 16, 2009. Park Service is not responsible for the Local Government. The final purchase determinations in this notice. price will be based on the Office of The plat of survey of the following A detailed assessment of the human Management and Budget’s approved described lands was officially filed in remains was made by the Saint Martin’s market valuation methodology and, if the Bureau of Land Management Waynick Museum professional staff in applicable, adjusted by immediate Oregon/Washington State Office, consultation with representatives of the repairs required to maintain the Portland, Oregon, on June 18, 2009. Confederated Tribes of the Colville property. The itemized cost of Oregon Reservation, Washington; Confederated Tribes and Bands of the Yakama Nation, immediate repairs shall adhere to HUD’s T. 10 S., R. 1 E., accepted May 14, 2009. Post-Closing Repair Requirements form Washington; and Wanapum Band, a HUD–9552. The plat of survey of the following non-Federally recognized Indian group. described lands was officially filed in At an unknown date, human remains Freedom of Information Act Requests the Bureau of Land Management representing a minimum of one HUD will comply with the provisions Oregon/Washington State Office, individual were removed from a site of the Freedom of Information Act, 5 Portland, Oregon, on July 17, 2009. near Vantage, by the Interstate–90 Bridge, in Kittitas County, WA. Around U.S.C. 552 and applicable regulations, Washington in its disclosure of information 1995, Mr. Willis Clark donated the regarding these sales, including, but not T. 13 N., R. 3 W., accepted June 15, 2009. human remains to the Saint Martin’s limited to, the successful bid price or ADDRESSES: A copy of the plats may be Waynick Museum, along with his bid percentage for any pool of loans or obtained from the Land Office at the collection of cut and polished rocks. No individual loan, upon the closing of the Oregon/Washington State Office, Bureau known individual was identified. No sales of all the Mortgage Loans. of Land Management, 333 S.W. 1st associated funerary objects are present. Avenue, Portland, Oregon 97204, upon The remains of this individual consist Scope of Notice required payment. A person or party of a partly fragmented cranium, a This notice applies to these sales only who wishes to protest against a survey mandible broken into three pieces, eight and does not establish HUD’s policy for must file a notice that they wish to unattached teeth, and skull fragments. the sale of other mortgage loans. protest (at the above address) with the On August 18, 2006, Dr. Stephen Dated: August 17, 2009. Oregon/Washington State Director, Fulton, Associate Professor of Biology at Bureau of Land Management, Portland, Saint Martin’s University, concluded Ronald Y. Spraker, Oregon. that the human remains in question Acting General Deputy Assistant Secretary match notes on an index card that was for Housing—Federal Housing Commissioner. FOR FURTHER INFORMATION CONTACT: in the same box as the remains. The [FR Doc. E9–20157 Filed 8–20–09; 8:45 am] Chief, Branch of Geographic Sciences, Bureau of Land Management, 333 S.W. note states, ‘‘This skull and bones found BILLING CODE 4210–67–P 1st Avenue, Portland, Oregon 97204. in shallow grave some 20 years ago on the bank of the Columbia River, about Dated: August 11, 2009. 5 miles from old Vantage bridge. The DEPARTMENT OF THE INTERIOR Fred O’Ferrall, area is under water at present.’’ Branch of Lands and Minerals Resources. Ethnographic documentation Bureau of Land Management [FR Doc. E9–20206 Filed 8–20–09; 8:45 am] indicates that the Vantage area was the [LLOROR957000–L62510000–PM000: BILLING CODE 4310–33–P aboriginal territory of the Moses- HAG09–0319] Columbia or Sinkiuse, Yakama, and Wanapum (Daugherty 1973, Miller Filing of Plats of Survey: Oregon/ DEPARTMENT OF THE INTERIOR 1998, Mooney 1896, Ray 1936, Spier Washington 1936), whose descendants are National Park Service AGENCY: Bureau of Land Management, represented today by the Confederated Interior. Notice of Inventory Completion: Saint Tribes of the Colville Reservation, ACTION: Notice. Martin’s Waynick Museum, Lacey, WA Washington; Confederated Tribes and Bands of the Yakama Nation, SUMMARY: The plats of survey of the AGENCY: National Park Service, Interior. Washington; and Wanapum Band, a following described lands are scheduled ACTION: Notice. non-Federally recognized Indian group. to be officially filed in the Bureau of Officials of the Saint Martin’s Land Management Oregon/Washington Notice is here given in accordance Waynick Museum have determined that, State Office, Portland, Oregon 30 days with the Native American Graves pursuant to 25 U.S.C. 3001 (9–10), the from the date of this publication. Protection and Repatriation Act human remains described above (NAGPRA), 25 U.S.C. 3003, of the represent the physical remains of one Willamette Meridian completion of an inventory of human individual of Native American ancestry. Oregon remains in the possession of the Saint Officials of the Saint Martin’s Waynick T. 22 S., R. 4 W., approved July 6, 2009. Martin’s Waynick Museum, Lacey, WA. Museum also have determined that, T. 23 S., R. 9 E., approved August 3, 2009. The human remains were removed from pursuant to 25 U.S.C. 3001 (2), there is

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a relationship of shared group identity American human remains and of the Grand and Thornapple Rivers, that can be reasonably traced between associated funerary objects. The archeological evidence indicates this the Native American human remains National Park Service is not responsible site was intermittently occupied from and the Confederated Tribes of the for the determinations in this notice. prehistoric times into the historic era, Colville Reservation, Washington; A detailed assessment of the human including a trading post operated by Rix Confederated Tribes and Bands of the remains and associated funerary objects Robinson in the vicinity of this site Yakama Nation, Washington; and was made by The Public Museum’s (1821 to 1834). Based on field notes, Wanapum Band, a non-Federally professional staff in consultation with collection records, and artifact typology, recognized Indian group. the Grand Traverse Band of Ottawa and the majority of the human remains and Representatives of any other Indian Chippewa Indians, Michigan; Little associated artifacts date to the 18th and tribe that believes itself to be culturally River Band of Ottawa Indians, 19th century. affiliated with the human remains Michigan; and Little Traverse Bay Bands The human remains and associated should contact Brother Luke Devine, of Odawa Indians, Michigan. funerary objects are, by a preponderance Saint Martin’s Waynick Museum, 5300 On unknown dates, human remains of the evidence, found to have an Pacific Ave. SE., Lacey, WA 98503, representing a minimum of 27 affiliation to the Little River Band of telephone (360) 438–4458, before individuals were removed from the Ottawa Indians. Many Little River September 21, 2009. Repatriation of the south (west) bank of the Grand River at Ottawa Band members are descendants human remains to the Confederated the Ada Michigan site (20KT35) in Kent of Grand River Band members who Tribes of the Colville Reservation, County, MI, by Ruth Herrick and several migrated from the Grand River area to Washington; Confederated Tribes and other avocational archeologists. Starting the Little Manistee River area in more Bands of the Yakama Nation, in 1947, and continuing in 1949, 1974, recent historic times. The historic Washington; and Wanapum Band, a 1983 and 1994, the human remains and occupation of Kent County, MI, by the non-Federally recognized Indian group, associated funerary objects were Little River Bands of Ottawa Indians is as joint claimants, may proceed after obtained by The Public Museum by well documented. Herrick through purchase or donation. that date if no additional claimants Officials of The Public Museum have In 1974, the largest source of the come forward. determined that, pursuant to 25 U.S.C. collection came to the museum from Dr. Saint Martin’s Waynick Museum is 3001 (9–10), the human remains Ruth Herrick by bequest. No known responsible for notifying the described above represent the physical individuals were identified. The 6,404 Confederated Tribes of the Colville remains of 27 individuals of Native associated funerary objects are 61 Reservation, Washington; Confederated American ancestry. Officials of The brooches and pins; 286 fragmented Tribes and Bands of the Yakama Nation, Public Museum also have determined Washington; and Wanapum Band, a pipes; 44 silver crosses and fragments; 55 gun flints; 318 metal fragments; 41 that, pursuant to 25 U.S.C. 3001 (3)(A), non-Federally recognized Indian group, the 6,404 associated funerary objects that this notice has been published. copper kettle fragments; 10 strike-a- lights and fragments; 507 ceramic and described above are reasonably believed Dated: August 7, 2009 glass shards; 122 projectile points; 25 to have been placed with or near Sherry Hutt, metal knives and fragments; 2 buttons; individual remains at the time of death Manager, National NAGPRA Program. 2,182 trade beads; 85 stone tools; 50 or later as part of the death rite or [FR Doc. E9–20104 Filed 8–20–09; 8:45 am] nails; 27 buttons; 2 necklaces; 14 ceremony. Lastly, officials of The Public Museum have determined that, BILLING CODE 4312–50–S earrings and fragments; 2 tacks; 17 sets of cloth and leather fragments; 16 pursuant to 25 U.S.C. 3001 (2), there is bracelets and fragments; 10 bullets; 867 a relationship of shared group identity DEPARTMENT OF THE INTERIOR pottery shards; 4 copper hair pipes; 33 that can be reasonably traced between spoons and fragments; 8 axes; 222 the Native American human remains National Park Service animal bone fragments; 4 unmodified and associated funerary objects and the lithics; 11 fire cracked rocks; 5 copper Little River Band of Ottawa Indians, Notice of Inventory Completion: The kettles; 1 leather knife sheath; 1 mirror; Michigan. Public Museum, Grand Rapids, MI 2 forks; 31 shells and fragments; 8 shell Representatives of any other Indian AGENCY: National Park Service, Interior. beads; 1 bell; 12 turtle shell fragments; tribe that believes itself to be culturally affiliated with the human remains and ACTION: Notice. 2 pendants; 6 thimbles; 3 rings; 3 wood fragments; 1,242 chert flakes; 1 horse associated funerary objects should Notice is here given in accordance shoe; 9 awls; 7 fossils; 4 fish hooks; 1 contact Marilyn Merdzinski, Director of with the Native American Graves penny dated 1888; 6 antler fragments; 2 Collections and Preservation, The Protection and Repatriation Act marbles; 5 metal spikes; 9 silver Public Museum, 272 Pearl St. NW., (NAGPRA), 25 U.S.C. 3003, of the armbands; 1 silver gorget; 1 set of red Grand Rapids, MI 49504, telephone completion of an inventory of human ochre; 1 red ochre stained paint pot; 1 (616) 456–3521, before September 21, remains and associated funerary objects coin dated 1885; 1 coin dated 1883; 1 2009. Repatriation of the human in the possession of The Public coin dated 1847; 1 coin dated 1820; 1 remains and associated funerary objects Museum, Grand Rapids, MI. The human coin dated 1825; 1 coin dated 1832; 1 to the Little River Band of Ottawa remains and associated funerary objects coin with date unknown; 3 bone gaming Indians, Michigan may proceed after were removed from the Ada site, Kent pieces; 1 bone comb; 1 George III peace that date if no additional claimants County, MI. medal; and 3 charcoal samples. come forward. This notice is published as part of the Artifacts from this site are from two The Public Museum is responsible for National Park Service’s administrative discrete time periods. The first is a notifying the Grand Traverse Band of responsibilities under NAGPRA, 25 prehistoric occupation (15th century), Ottawa and Chippewa Indians, U.S.C. 3003 (d)(3). The determinations and the second time period is an 18th– Michigan; Little River Band of Ottawa in this notice are the sole responsibility 19th century Native American Indians, Michigan; and Little Traverse of the museum, institution, or Federal occupation. Based on the site’s Bay Bands of Odawa Indians, Michigan agency that has control of the Native geographical location at the confluence that this notice has been published.

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Dated: July 30, 2009 area (both before and after the SUMMARY: Following receipt of a request Sherry Hutt, construction of the Grand Coulee Dam) on July 30, 2009, from the Office of the Manager, National NAGPRA Program. within the aboriginal territory of the United States Trade Representative [FR Doc. E9–20100 Filed 8–20–09; 8:45 am] Confederated Tribes of the Colville (USTR) under authority delegated by the BILLING CODE 4312–50–S Reservation, Washington. Ethnographic President and pursuant to section 103 of sources associate the Kettle Falls area the North American Free Trade with the Colville and the Lakes Tribes Agreement (NAFTA) Implementation DEPARTMENT OF THE INTERIOR or Bands (Kennedy and Bouchard 1998; Act (19 U.S.C. 3313), the Commission Mooney 1896; Ray 1936; Spier 1936; instituted investigation No. NAFTA– National Park Service Swanton 1953). Both the Colville and 103–024, Certain Textile Articles the Lakes became part of the 12 tribes Containing Acrylic and Modacrylic Notice of Inventory Completion: Saint and bands of the Confederated Tribes of Fibers: Effect of Modifications of Martin’s Waynick Museum, Lacey, WA the Colville Reservation, Washington. NAFTA Rules of Origin for Goods of Canada. AGENCY: National Park Service, Interior. The Colville Reservation was created by Executive Order in 1872. ACTION: Notice. DATES: Officials of the Saint Martin’s October 2, 2009: Deadline for filing all Notice is here given in accordance Waynick Museum have determined that, written submissions. with the Native American Graves pursuant to 25 U.S.C. 3001 (9–10), the On or before November 30, 2009: Protection and Repatriation Act human remains described above Transmittal of report to the USTR. (NAGPRA), 25 U.S.C. 3003, of the represent the physical remains of one ADDRESSES: All Commission offices, completion of an inventory of human individual of Native American ancestry. including the Commission’s hearing remains in the possession of the Saint Officials of the Saint Martin’s Waynick rooms, are located in the United States Martin’s Waynick Museum, Lacey, WA. Museum also have determined that, International Trade Commission The human remains were removed from pursuant to 25 U.S.C. 3001 (2), there is Building, 500 E Street, SW., a site near the Grand Coulee Dam, a relationship of shared group identity Washington, DC. All written Stevens County, WA. that can be reasonably traced between submissions should be addressed to the This notice is published as part of the the Native American human remains Secretary, United States International National Park Service’s administrative and the Confederated Tribes of the Trade Commission, 500 E Street, SW., responsibilities under NAGPRA, 25 Colville Reservation, Washington. Washington, DC 20436. The public U.S.C. 3003 (d)(3). The determinations Representatives of any other Indian record for this investigation may be in this notice are the sole responsibility tribe that believes itself to be culturally viewed on the Commission’s electronic of the museum, institution, or Federal affiliated with the human remains docket (EDIS) at https://edis.usitc.gov/ agency that has control of the Native should contact Brother Luke Devine, edis3-internal/app. American human remains. The National Saint Martin’s Waynick Museum, 5300 FOR FURTHER INFORMATION CONTACT: Park Service is not responsible for the Pacific Ave. SE., Lacey, WA 98503, Project Leader Andrea Boron (202–205– determinations in this notice. telephone (360) 438–4458, before 3433 or [email protected]) for A detailed assessment of the human September 21, 2009. Repatriation of the information specific to this remains was made by the Saint Martin’s human remains to the Confederated investigation. For information on the Waynick Museum professional staff in Tribes of the Colville Reservation, legal aspects of this investigation, consultation with representatives of the Washington may proceed after that date contact William Gerhard of the Confederated Tribes of the Colville if no additional claimants come Commission’s Office of the General Reservation, Washington. forward. Counsel (202–205–3091 or At an unknown date, human remains Saint Martin’s Waynick Museum is [email protected]). The media representing a minimum of one responsible for notifying the should contact Margaret O’Laughlin, individual were removed from a site in Confederated Tribes of the Colville Office of External Relations (202–205– or near Kettle Falls, located near the Reservation, Washington that this notice 1819 or [email protected]). Grand Coulee Dam, Stevens County, has been published. Hearing-impaired individuals may WA. No known individual was Dated: August 7, 2009 obtain information on this matter by identified. No associated funerary Sherry Hutt, contacting the Commission’s ADD objects are present. Manager, National NAGPRA Program. terminal at 202–205–1810. General The remains of this individual, [FR Doc. E9–20105 Filed 8–20–09; 8:45 am] information concerning the Commission consisting of a cranium and mandible, may also be obtained by accessing its BILLING CODE 4312–50–S are identified in an accompanying note Internet server (http://www.usitc.gov). as being from ‘‘Kettle Falls, Stevens Persons with mobility impairments who County, Washington, near the Grand will need special assistance in gaining Coulee Dam.’’ Most of the objects in the INTERNATIONAL TRADE access to the Commission should Saint Martin’s Waynick Museum COMMISSION contact the Office of the Secretary at collection not linked to a specific donor 202–205–2000. are assumed to have been part of the [Investigation No. NAFTA–103–024] Background: Annex 300–B, Chapter 4, original, founding collection of Mr. and Annex 401 of the NAFTA contain Lynne Waynick, and were donated to Certain Textile Articles Containing the rules of origin for textiles and the care of Saint Martin’s Abbey during Acrylic and Modacrylic Fibers: Effect apparel for application of the tariff the 1960s. As no other donor is of Modifications of NAFTA Rules of provisions of the NAFTA. These rules identified, the human remains of this Origin for Goods of Canada are set forth for the United States in individual are assumed to be part of Mr. AGENCY: United States International general note 12 to the Harmonized Tariff Waynick’s collection. Trade Commission. Schedule (HTS). According to the Archeological and historical USTR’s request letter, U.S. negotiators ACTION: Institution of investigation. documentation locates the Kettle Falls have recently reached agreement in

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principle with representatives of the submissions should be addressed to the INTERNATIONAL TRADE government of Canada on proposed Secretary. To be assured of COMMISSION modifications to the rules of origin of consideration by the Commission, the NAFTA for certain textile articles written submissions related to the [Investigation No. 731–TA–1163 containing acrylic and modacrylic Commission’s report should be (Preliminary)] staple fibers as described in part II of the submitted at the earliest possible date, attachment to the letter (for the text of and should be received not later than Woven Electric Blankets From China the letter and the attachment, see the 5:15 p.m., October 2, 2009. All written Commission’s Web site for this submissions must conform to the Determination investigation at http://www.usitc.gov/ provisions of section 201.8 of the secretary/fed_reg_notices/332/). (The Commission’s Rules of Practice and On the basis of the record 1 developed USTR’s letter also requested Procedure (19 CFR 201.8). Section 201.8 in the subject investigation, the United Commission advice regarding proposed requires that a signed original (or a copy States International Trade Commission modifications to the rules of origin of so designated) and fourteen (14) copies (Commission) determines, pursuant to the NAFTA for certain textile articles of of each document be filed. In the event section 733(a) of the Tariff Act of 1930 rayon and other manmade fibers that confidential treatment of a (19 U.S.C. 1673b(a)) (the Act), that there described in part I of the attachment. document is requested, at least four (4) is a reasonable indication that an The Commission is preparing that additional copies must be filed, in industry in the United States is advice on the same schedule under which the confidential information materially injured by reason of imports investigation No. NAFTA–103–023, must be deleted (see the following from China of woven electric blankets, Certain Textile Articles Containing paragraph for further information provided for in subheading 6301.10.00 Rayon and Other Manmade Fibers: regarding confidential business of the Harmonized Tariff Schedule of Effect of Modifications of NAFTA Rules information). The Commission’s rules the United States, that are alleged to be of Origin for Goods of Canada and authorize the filing submissions with sold in the United States at less than fair Mexico.) the Secretary by facsimile or electronic value (LTFV).2 Section 202(q) of the North American means only to the extent permitted by Free Trade Agreement Implementation section 201.8 of the rules (see Handbook Commencement of Final Phase Act (the Act) authorizes the President, on Electronic Filing Procedures, http:// Investigation _ subject to the consultation and layover www.usitc.gov/docket services/ Pursuant to section 207.18 of the requirements of section 103 of the Act, documents/ Commission’s rules, the Commission to proclaim such modifications to the _ _ _ handbook on electronic filing.pdf). also gives notice of the commencement rules of origin as are necessary to Persons with questions regarding of the final phase of its investigation. implement an agreement with one or electronic filing should contact the The Commission will issue a final phase more of the NAFTA countries pursuant Secretary (202–205–2000). Any notice of scheduling, which will be to paragraph 2 of section 7 of Annex submissions that contain confidential published in the Federal Register as 300–B of the Agreement. One of the business information must also conform provided in section 207.21 of the requirements set out in section 103 of with the requirements of section 201.6 Commission’s rules, upon notice from the Act is that the President obtain of the Commission’s Rules of Practice advice from the United States and Procedure (19 CFR 201.6). Section the Department of Commerce International Trade Commission. The 201.6 of the rules requires that the cover (Commerce) of an affirmative request letter asks that the Commission of the document and the individual preliminary determination in the provide advice on the probable effect of pages be clearly marked as to whether investigation under section 733(b) of the the proposed modifications on U.S. they are the ‘‘confidential’’ or ‘‘non- Act, or, if the preliminary determination trade under the NAFTA, total U.S. trade, confidential’’ version, and that the is negative, upon notice of an and on domestic producers of the confidential business information be affirmative final determination in that affected articles. The USTR asked that clearly identified by means of brackets. investigation under section 735(a) of the the Commission submit its advice to All written submissions, except for Act. Parties that filed entries of USTR by November 30, 2009, and that confidential business information, will appearance in the preliminary phase of the Commission shortly thereafter issue be made available for inspection by the investigation need not enter a a public version of the report with any interested parties. separate appearance for the final phase confidential business information The Commission may include some or of the investigation. Industrial users, deleted. all of the confidential business and, if the merchandise under Additional information concerning information submitted in the course of investigation is sold at the retail level, the articles and the proposed this investigation in the report it sends representative consumer organizations modifications, including a copy of the to the USTR and the President. As have the right to appear as parties in USTR’s request letter, can be obtained requested by the USTR, the Commission Commission antidumping and by accessing the Commission’s Web site will publish a public version of the countervailing duty investigations. The at http://www.usitc.gov. The current report. However, in the public version, Secretary will prepare a public service NAFTA rules of origin applicable to the Commission will not publish list containing the names and addresses U.S. imports can be found in general confidential business information in a of all persons, or their representatives, note 12 of the HTS (see ‘‘General Notes’’ manner that would reveal the operations who are parties to the investigation. link at http://www.usitc.gov/tata/hts/ of the firm supplying the information. bychapter/index.htm). 1 By order of the Commission. The record is defined in sec. 207.2(f) of the Written Submissions: No public Commission’s Rules of Practice and Procedure (19 hearing is planned. However, interested Issued: August 17, 2009. CFR 207.2(f)). parties are invited to file written Marilyn R. Abbott, 2 Vice Chairman Daniel R. Pearson determines Secretary to the Commission. that there is a reasonable indication that an industry submissions and other information in the United States is threatened with material concerning the matters to be addressed [FR Doc. E9–20108 Filed 8–20–09; 8:45 am] injury by reason of imports from China of woven in this investigation. All written BILLING CODE 7020–02–P electric blankets.

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Background Fibers: Effect of Modifications of Commission advice regarding proposed On June 30, 2009, a petition was filed NAFTA Rules of Origin for Goods of modifications to the rules of origin of with the Commission and Commerce by Canada and Mexico. the NAFTA for certain textile articles Sunbeam Products, Inc. doing business DATES: containing acrylic and modacrylic as Jarden Consumer Solutions, Boca October 2, 2009: Deadline for filing all staple fibers, described in part II of the Raton, FL, alleging that an industry in written submissions. attachment to the letter. The the United States is materially injured On or before November 30, 2009: Commission is preparing that advice on by reason of LTFV imports of woven Transmittal of report to the USTR. the same schedule under investigation electric blankets from China. ADDRESSES: All Commission offices, No. NAFTA–103–024, Certain Textile Accordingly, effective June 30, 2009, the including the Commission’s hearing Articles Containing Acrylic and Commission instituted antidumping rooms, are located in the United States Modacrylic Fibers: Effect of duty investigation No. 731–TA–1163 International Trade Commission Modifications of NAFTA Rules of Origin (Preliminary). Building, 500 E Street, SW., for Goods of Canada.) Notice of the institution of the Washington, DC. All written Section 202(q) of the North American Commission’s investigation and of a submissions should be addressed to the Free Trade Agreement Implementation public conference to be held in Secretary, United States International Act (the Act) authorizes the President, connection therewith was given by Trade Commission, 500 E Street, SW., subject to the consultation and layover posting copies of the notice in the Office Washington, DC 20436. The public requirements of section 103 of the Act, of the Secretary, U.S. International record for this investigation may be to proclaim such modifications to the Trade Commission, Washington, DC, viewed on the Commission’s electronic rules of origin as are necessary to and by publishing the notice in the docket (EDIS) at https://edis.usitc.gov/ implement an agreement with one or Federal Register of July 7, 2009 (74 FR edis3-internal/app. more of the NAFTA countries pursuant 32192). The conference was held in FOR FURTHER INFORMATION CONTACT: to paragraph 2 of section 7 of Annex Washington, DC, on July 21, 2009, and Project Leader Andrea Boron (202–205– 300–B of the Agreement. One of the all persons who requested the 3433 or [email protected]) for requirements set out in section 103 of opportunity were permitted to appear in information specific to this the Act is that the President obtain person or by counsel. investigation. For information on the advice from the United States The Commission transmitted its legal aspects of this investigation, International Trade Commission. The determination in this investigation to contact William Gearhart of the request letter asks that the Commission the Secretary of Commerce on August Commission’s Office of the General provide advice on the probable effect of 14, 2009. The views of the Commission Counsel (202–205–3091 or the proposed modifications on U.S. are contained in USITC Publication [email protected]). The media trade under the NAFTA, total U.S. trade, 4097 (August 2009), entitled Woven should contact Margaret O’Laughlin, and on domestic producers of the Electric Blankets from China: Office of External Relations (202–205– affected articles. The USTR asked that Investigation No. 731–TA–1163 1819 or [email protected]). the Commission submit its advice to (Preliminary). Hearing-impaired individuals may USTR by November 30, 2009, and that By order of the Commission. obtain information on this matter by the Commission shortly thereafter issue Issued: August 17, 2009. contacting the Commission’s TDD a public version of the report with any terminal at 202–205–1810. General Marilyn R. Abbott, confidential business information information concerning the Commission deleted. Secretary to the Commission. may also be obtained by accessing its [FR Doc. E9–20109 Filed 8–20–09; 8:45 am] Internet server (http://www.usitc.gov). Additional information concerning BILLING CODE 7020–02–P Persons with mobility impairments who the articles and the proposed will need special assistance in gaining modifications, including a copy of the access to the Commission should USTR’s request letter, can be obtained INTERNATIONAL TRADE contact the Office of the Secretary at by accessing the Commission’s Web site COMMISSION 202–205–2000. at http://www.usitc.gov. The current [Investigation No. NAFTA–103–023] Background: Annex 300–B, Chapter 4, NAFTA rules of origin applicable to and Annex 401 of the NAFTA contain U.S. imports can be found in general Certain Textile Articles Containing the rules of origin for textiles and note 12 of the HTS (see ‘‘General Notes’’ Rayon and Other Manmade Fibers: apparel for application of the tariff link at http://www.usitc.gov/tata/hts/ Effect of Modifications of NAFTA Rules provisions of the NAFTA. These rules bychapter/index.htm). of Origin for Goods of Canada and are set forth for the United States in Written Submissions: No public Mexico general note 12 to the Harmonized Tariff hearing is planned. However, interested AGENCY: United States International Schedule (HTS). According to the parties are invited to file written Trade Commission. USTR’s request letter, U.S. negotiators submissions and other information ACTION: Institution of investigation. have recently reached agreement in concerning the matters to be addressed principle with representatives of the in this investigation. All written SUMMARY: Following receipt of a request governments of Canada and Mexico on submissions should be addressed to the on July 30, 2009, from the Office of the proposed modifications to the rules of Secretary. To be assured of United States Trade Representative origin of the NAFTA for certain textile consideration by the Commission, (USTR) under authority delegated by the articles containing rayon and other written submissions related to the President and pursuant to section 103 of manmade fibers as described in part I of Commission’s report should be the North American Free Trade the attachment to the letter (for the text submitted at the earliest possible date, Agreement (NAFTA) Implementation of the letter and attachment, see the and should be received not later than Act (19 U.S.C. 3313), the Commission Commission’s Web site for this 5:15 p.m., October 2, 2009. All written instituted investigation No. NAFTA– investigation at http://www.usitc.gov/ submissions must conform to the 103–023, Certain Textile Articles secretary/fed_reg_notices/332/). (The provisions of section 201.8 of the Containing Rayon and Other Manmade USTR’s letter also requested Commission’s Rules of Practice and

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Procedure (19 CFR 201.8). Section 201.8 INTERNATIONAL TRADE 164, and 165 of U.S. Patent No. requires that a signed original (or a copy COMMISSION 5,622,439; claims 83 and 84 of U.S. Patent No. 5,158,377; claims 19 and 20 so designated) and fourteen (14) copies [Inv. No. 337–TA–565] of each document be filed. In the event of U.S. Patent No. 5,221,148; claims 29, that confidential treatment of a In the Matter of Certain Ink Cartridges 31, 34, and 38 of U.S. Patent No. document is requested, at least four (4) and Components Thereof; 5,156,472; claim 1 of U.S. Patent No. additional copies must be filed, in Consolidated Enforcement Proceeding 5,488,401; claims 1–3 and 9 of U.S. which the confidential information and Enforcement Proceeding II; Notice Patent No. 6,502,917; claims 1, 31, and must be deleted (see the following of Commission Determinations on Civil 34 of U.S. Patent No. 6,550,902; claims 1, 10, and 14 of U.S. Patent No. paragraph for further information Penalties; Termination of Enforcement 6,955,422; claim 1 of U.S. Patent No. regarding confidential business Proceedings 7,008,053; and claims 21, 45, 53, and 54 information). The Commission’s rules AGENCY: U.S. International Trade of U. S. Patent No. 7,011,397. The authorize the filing submissions with Commission. complaint further alleged that an the Secretary by facsimile or electronic ACTION: Notice. industry in the United States exists as means only to the extent permitted by required by subsection (a)(2) of section section 201.8 of the rules (see Handbook SUMMARY: Notice is hereby given that 337. The complainants requested that on Electronic Filing Procedures, http:// the U.S. International Trade the Commission issue a general www.usitc.gov/docket_services/ Commission has determined to levy exclusion order and cease and desist documents/ civil penalties in the above-captioned orders. The Commission named as handbook_on_electronic_filing.pdf). proceeding after finding violations of respondents 24 companies located in Persons with questions regarding cease and desist orders and a consent China, Germany, Hong Kong, Korea, and electronic filing should contact the order issued in the original the United States. Several respondents Secretary (202–205–2000). investigation. The Commission has were terminated from the investigation Any submissions that contain terminated the proceedings. on the basis of settlement agreements or FOR FURTHER INFORMATION CONTACT: consent orders or were found in default. confidential business information must On October 19, 2007, after review of also conform with the requirements of Michael Haldenstein, Office of the General Counsel, U.S. International the ALJ’s final ID, the Commission made section 201.6 of the Commission’s Rules its final determination in the of Practice and Procedure (19 CFR Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) investigation, finding a violation of 201.6). Section 201.6 of the rules section 337. The Commission issued a requires that the cover of the document 205–3041. Copies of all nonconfidential documents filed in connection with this general exclusion order, a limited and the individual pages be clearly investigation are or will be available for exclusion order, and cease and desist marked as to whether they are the inspection during official business orders directed to several domestic ‘‘confidential’’ or ‘‘non-confidential’’ hours (8:45 a.m. to 5:15 p.m.) in the respondents. The Commission also version, and that the confidential Office of the Secretary, U.S. determined that the public interest business information be clearly International Trade Commission, 500 E factors enumerated in 19 U.S.C. 1337(d), (f), and (g) did not preclude issuance of identified by means of brackets. All Street, SW., Washington, DC 20436, the aforementioned remedial orders, written submissions, except for telephone 202–205–2000. General and that the bond during the confidential business information, will information concerning the Commission Presidential period of review would be be made available for inspection by may also be obtained by accessing its $13.60 per cartridge for covered ink interested parties. Internet server (http://www.usitc.gov). cartridges. Certain respondents The public record for this investigation The Commission may include some or appealed the Commission’s final may be viewed on the Commission’s all of the confidential business determination to the United States Court electronic docket (EDIS) at http:// information submitted in the course of of Appeals for the Federal Circuit edis.usitc.gov/. Hearing-impaired this investigation in the report it sends (‘‘Federal Circuit’’). On January 13, persons are advised that information on to the USTR and the President. As 2009, the Federal Circuit affirmed the requested by the USTR, the Commission the matter can be obtained by contacting Commission’s final determination will publish a public version of the the Commission’s TDD terminal on 202– without opinion pursuant to Fed. Cir. R. report. However, in the public version, 205–1810. 36. Ninestar Technology Co. et al. v. the Commission will not publish SUPPLEMENTARY INFORMATION: The International Trade Commission, confidential business information in a Commission instituted the underlying Appeal No. 2008–1201. manner that would reveal the operations investigation in this matter on March On February 8, 2008, Epson filed two of the firm supplying the information. 23, 2006, based on a complaint filed by complaints for enforcement of the Epson Portland, Inc. of Oregon; Epson Commission’s orders pursuant to Issued: August 17, 2009. America, Inc. of California; and Seiko Commission rule 210.75. Epson By order of the Commission. Epson Corporation of Japan proposed that the Commission name Marilyn R. Abbott, (collectively, ‘‘Epson’’). 71 FR 14720 five respondents as enforcement Secretary to the Commission. (March 23, 2006). The complaint, as respondents. On May 1, 2008, the [FR Doc. E9–20107 Filed 8–20–09; 8:45 am] amended, alleged violations of section Commission determined that the criteria 337 of the Tariff Act of 1930 (‘‘section for institution of enforcement BILLING CODE 7020–02–P 337’’) in the importation into the United proceedings were satisfied and States, the sale for importation, and the instituted consolidated enforcement sale within the United States after proceedings, naming the five following importation of certain ink cartridges and proposed respondents as enforcement components thereof by reason of respondents: Ninestar Technology Co., infringement of claim 7 of U.S. Patent Ltd.; Ninestar Technology Company, No. 5,615,957; claims 18, 81, 93, 149, Ltd.; Town Sky Inc. (collectively, the

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‘‘Ninestar Respondents’’), as well as The authority for the Commission’s www.usdoj.gov/enrd/ Mipo America Ltd. (‘‘Mipo America’’) determination is contained in section Consent_Decrees.html. A copy of the and Mipo International, Ltd 337 of the Tariff Act of 1930, as Consent Decree may also be obtained by (collectively, the ‘‘Mipo Respondents’’). amended (19 U.S.C. 1337), and section mail from the Consent Decree Library, On March 18, 2008, Epson filed a third 210.75 of the Commission’s Rules of P.O. Box 7611, U.S. Department of enforcement complaint against two Practice and Procedure (19 CFR 210.75). Justice, Washington, DC 20044–7611 or proposed respondents: Ribbon Tree Issued: August 17, 2009. by faxing or e-mailing a request to Tonia USA, Inc. (dba Cana-Pacific Ribbons) Fleetwood ([email protected]), By order of the Commission. and Apex Distributing Inc.(collectively, fax no. (202) 514–0097, phone the ‘‘Apex Respondents’’). On June 23, Marilyn R. Abbott, confirmation number (202) 514–1547. In 2008, the Commission determined that Secretary to the Commission. requesting a copy from the Consent the criteria for institution of [FR Doc. E9–20106 Filed 8–20–09; 8:45 am] Decree Library, please enclose a check enforcement proceedings were satisfied BILLING CODE 7020–02–P in the amount of $18.75 (25 cents per and instituted another formal page reproduction costs of Consent enforcement proceeding and named the Decree and Appendices) payable to the two proposed respondents as the DEPARTMENT OF JUSTICE U.S. Treasury or, if by e-mail or fax, enforcement respondents. On forward a check in that amount to the September 18, 2008, the ALJ issued Notice of Lodging of Consent Decree Consent Decree Library at the stated Order No. 37, consolidating the two Under the Clean Water Act address. proceedings. Notice is hereby given that on August On April 17, 2009, the ALJ issued his Maureen Katz, 17, 2009, a proposed Consent Decree in Enforcement Initial Determination (EID) Assistant Chief, Environmental Enforcement United States v. City Of Portsmouth, Section, Environment and Natural Resources in which he determined that there have Division. been violations of the Commission’s New Hampshire, Civil Action No. 1:09– cease and desist orders and consent cv–283, was lodged with the United [FR Doc. E9–20067 Filed 8–20–09; 8:45 am] order and recommended that the States District Court for the District of BILLING CODE 4410–15–P Commission impose civil penalties for New Hampshire. In this action, the United States seeks, such violations. The Ninestar DEPARTMENT OF JUSTICE Respondents filed a timely petition for inter alia, injunctive relief in relation to review. The Commission considered the discharges by the City of Lebanon, New Hampshire (City) from its combined Notice of Lodging of Consent Decree EID, the petition for review, the in United States v. Waste Management responses thereto, and other relevant sewer overflows (CSOs) and wastewater treatment facility, in violation of the of Wisconsin, Inc., et al. Under the portions of the record and determined Comprehensive Environmental not to review the EID on June 19, 2009. City’s National Pollutant Discharge Elimination System Permit issued under Response, Compensation and Liability The Commission then requested Act (CERCLA) separate briefing concerning the the Clean Water Act, 33 U.S.C. 1251, et imposition of civil penalties for seq. The Consent Decree requires the Notice is hereby given that on August violation of the cease and desist orders City, among other things, to control 17, 2009, a proposed Consent Decree and a consent order. Epson, the Ninestar discharges from the CSO outfalls, was lodged with the United States Respondents, and the Commission propose a schedule for construction of District Court for the Eastern District of investigative attorney filed written a secondary wastewater treatment Wisconsin in United States v. Waste submissions and responses thereto. facility for approval by the United States Management of Wisconsin, Inc., et al., Based upon its consideration of the Environmental Protection Agency, and Case No. 09–cv–0135. The Consent EID, the submissions of the parties, and upon inclusion of the schedule in the Decree between the United States, on the entire record in this proceeding, the Consent Decree, comply with the behalf of the U.S. Environmental Commission adopts the EID’s analysis construction schedule. Protection Agency (‘‘U.S. EPA’’), and concerning civil penalties, except as The Department of Justice will receive the settling defendants relates to certain otherwise noted or supplemented in its for a period of thirty (30) days from the liabilities under the Comprehensive order and opinion (to be issued later). date of this publication comments Environmental Response, Compensation However, while the Commission adopts relating to the Consent Decree. and Liability Act (‘‘CERCLA’’), 42 U.S.C. the EID’s recommended penalty with Comments should be addressed to the 9601 et seq., in connection with the respect to the Mipo Respondents and Assistant Attorney General, Watertown Tire Fire Site in Watertown, the Apex Respondents, the Commission Environment and Natural Resources Wisconsin (the ‘‘Site’’). Under the has determined to impose a lesser Division, and either e-mailed to proposed Consent Decree, the settling penalty on the Ninestar Respondents. [email protected] or defendants are required to pay $1,000 Accordingly, and subject to final mailed to P.O. Box 7611, U.S. and pursue insurance proceeds in adjudication of any appeal of the same, Department of Justice, Washington, DC ongoing State court litigation to the Commission has determined to 20044–7611, and should refer to United reimburse costs incurred by U.S. EPA in impose a civil penalty in the amount of States v. City of Portsmouth, New connection with the Site. $11,110,000 against the Ninestar Hampshire, D.J. Ref. 90–5–1–1–09308. The Department of Justice will receive Respondents, jointly and severally. The Consent Decree may be examined comments relating to the Consent Against the Mipo Respondents, the at the Office of the United States Decree for a period of thirty (30) days Commission has determined to impose Attorney, District of New Hampshire, 53 from the date of this publication. a civil penalty in the amount of Pleasant Street, Concord, NH, and at Comments should be addressed to the $9,700,000 jointly and severally, and the U.S. EPA Region 1, 1 Congress Street, Assistant Attorney General, Commission has determined to impose Boston, MA. During the public comment Environment and Natural Resources a civil penalty in the amount of period, the Consent Decree, may also be Division, and either e-mailed to $700,000 jointly and severally against examined on the following Department [email protected] or the Apex Respondents. of Justice Web site, to http:// mailed to P.O. Box 7611, U.S.

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Department of Justice, Washington, DC for treatment or disposal. Consolidated, Consent Decree Library at the stated 20044–7611, and should refer to United in the course of processing scrap metal address. States v. Waste Management of materials, contaminated the Site with Maureen Katz, Wisconsin, Inc., et al., DJ Ref. No. 90– hazardous substances, including lead, Assistant Chief, Environmental Enforcement 11–3–09429. polychlorinated biphenyls and volatile The Consent Decree may be examined Section, Environment and Natural Resources organic compounds. Division. at the Office of the United States Attorney for the Eastern District of Under the Modification, $426,220 will [FR Doc. E9–20144 Filed 8–20–09; 8:45 am] Wisconsin, 517 E. Wisconsin Ave., Suite be paid on behalf of these 58 parties to BILLING CODE 4410–15–P 530, Milwaukee, WI 53202–4580 by the United States. Under the Modification, the 58 parties will receive request to Assistant U.S. Attorney DEPARTMENT OF JUSTICE Matthew Richmond, and at the U.S. a covenant not to sue regarding the Site EPA Region V, 77 West Jackson Blvd., from the United States, on behalf of the Office of Justice Programs Chicago, IL 60604. During the public Environmental Protection Agency comment period, the Consent Decree (‘‘EPA’’), under section 107 of the [OMB Number 1121–0224] may also be examined on the following Comprehensive Environmental Office of Juvenile Justice and Department of Justice Web site: http:// Response, Compensation, and Liability Delinquency Prevention; Agency www.usdoj.gov/enrd/ Act of 1980, as amended (‘‘CERCLA’’), Information Collection Activities: Consent_Decrees.html. A copy of the 42 U.S.C. 9607, and contribution Extension of a Currently Approved Consent Decree may also be obtained by protection regarding the Site under Collection; Comment Request mail from the Consent Decree Library, section 113 of the CERCLA, 42 U.S.C. P.O. Box 7611, U.S. Department of 9613. ACTION: 30-day notice of information Justice, Washington, DC 20044–7611 or The Department of Justice will collection under review: National Youth by faxing or e-mailing a request to Tonia Gang Survey. Fleetwood ([email protected]), receive, for a period of thirty (30) days fax no. (202) 514–0097, phone from the date of this publication, The U.S. Department of Justice (DOJ), confirmation number (202) 514–1547. In comments relating to the Decree. Office of Justice Programs (OJP) will be requesting a copy from the Consent Comments should be addressed to the submitting the following information Decree Library, please enclose a check Assistant Attorney General, collection request to the Office of in the amount of $5.50 (25 cents per Environment and Natural Resources Management and Budget (OMB) for page reproduction cost) payable to the Division, and either e-mailed to review and approval in accordance with U.S. Treasury. [email protected] or the Paperwork Reduction Act of 1995. mailed to P.O. Box 7611, U.S. The proposed information collection Maureen Katz, request is published to obtain comments Assistant Section Chief, Environmental Department of Justice, Washington, DC 20044–7611, and should refer to United from the public and affected agencies. Enforcement Section, Environment and This proposed information collection Natural Resources Division. States v. City of Newburgh, et al., D.J. Ref. 90–11–3–07979/2. was previously published in the Federal [FR Doc. E9–20081 Filed 8–20–09; 8:45 am] Register, Volume 74, Number 112, pages BILLING CODE 4410–15–P The Modification may be examined at 28068–28069, on June 12, 2009, the Office of the United States Attorney, allowing for a 60-day comment period. 86 Chambers Street, 3rd Floor, New The purpose of this notice is to allow DEPARTMENT OF JUSTICE York, New York 10007, and at U.S. EPA for an additional 30 days for public Notice of Lodging of Modification to Region 2, Office of Regional Counsel, comment until September 21, 2009. Consent Decree Under the 290 Broadway, New York, New York This process is conducted in accordance Comprehensive Environmental 10007–1866. During the public with 5 CFR 1320.10. Response, Compensation, and Liability comment period, the Modification may Written comments and/or suggestions Act also be examined on the following regarding the items contained in this Department of Justice Web site, http:// notice, especially the estimated public Notice is hereby given that on August www.usdoj.gov/enrd/ burden and associated response time, 17, 2009, a proposed modification Consent_Decrees.html. A copy of the should be directed to the Office of ‘‘Modification’’) to the Consent Decree Modification may also be obtained by Management and Budget, Office of in United States v. City of Newburgh, et Information and Regulatory Affairs, mail from the Consent Decree Library, al., Civil Action No. 08 Civ. 7378 (SCR) Attention: Department of Justice Desk P.O. Box 7611, U.S. Department of (‘‘Consent Decree’’) was lodged with the Officer, 725 17th Street, NW., United States District Court for the Justice, Washington, DC 20044–7611 or Washington, DC 20503. Additionally, Southern District of New York. by faxing or e-mailing a request to Tonia comments may be submitted to OMB via The Modification adds 58 potentially Fleetwood ([email protected]), facsimile to (202) 395–3888. Written responsible parties to a prior Consent fax no. (202) 514–0097, phone comments and suggestions from the Decree regarding the the Consolidated confirmation number (202) 514–1547. In public and affected agencies concerning Iron and Metal Company Superfund Site requesting a copy from the Consent the proposed collection of information (the ‘‘Site’’). The Site is a former Decree Library, please enclose a check are encouraged. Your comments should junkyard and scrap metal processing in the amount of $4.75 (25 cents per address one or more of the following facility located in the City of Newburgh, page reproduction cost) payable to the four points: New York. Consolidated Iron and Metal U.S. Treasury or, if by e-mail or fax, • Evaluate whether the proposed Company, Inc. (‘‘Consolidated’’) forward a check in that amount to the collection of information is necessary operated the facility from the 1950s for the proper performance of the until 1999. These 58 parties arranged for functions of the agency, including scrap metal containing hazardous whether the information will have substances to be transported to the Site practical utility.

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• Evaluate the accuracy of the DEPARTMENT OF JUSTICE • Enhance the quality, utility, and agency’s estimate of the burden of the clarity of the information to be proposed collection of information, Drug Enforcement Administration collected; and including the validity of the • Minimize the burden of the methodology and assumptions used. [OMB Number 1117–0014] collection of information on those who • Enhance the quality, utility, and are to respond, including through the clarity of the information to be Agency Information Collection use of appropriate automated, collected. Activities: Proposed Collection; electronic, mechanical, or other • Minimize the burden of the Comments Requested: Application for technological collection techniques or collection of information on those who Registration (DEA Form 224); other forms of information technology, are to respond, including through the Application for Registration Renewal e.g., permitting electronic submission of use of appropriate automated, (DEA Form 224a); Affidavit for Chain responses. electronic, mechanical, or other Renewal DEA Retail Pharmacy Overview of Information Collection technological collection techniques or Registration (DEA Form 224b); 1117–0014: other forms of information technology; Application for Modification of (1) Type of Information Collection: e.g., permitting electronic submission of Registration for Online Pharmacies Extension of a currently approved responses. (DEA–224c) collection. Overview of this information (2) Title of the Form/Collection: ACTION: collection: 30-day notice of information Application for Registration (DEA 1. Type of Information Collection: collection under review. Form 224); Application for Registration Renewal Extension of a currently approved The Department of Justice (DOJ), Drug collection. (DEA Form 224a); Enforcement Administration (DEA), will Affidavit for Chain Renewal (DEA 2. Title of the Form/Collection: be submitting the following information National Youth Gang Survey. Form 224b); collection request to the Office of Application for Modification of 3. Agency form number, if any, and Management and Budget (OMB) for the applicable component of the Registration for Online Pharmacies review and approval in accordance with (DEA–224c). department sponsoring the collection: the Paperwork Reduction Act of 1995. The Office of Juvenile Justice and (3) Agency form number, if any, and The proposed information collection is the applicable component of the Delinquency Prevention, Office of published to obtain comments from the Justice Programs, United States Department of Justice sponsoring the public and affected agencies. This collection: Department of Justice, is sponsoring the proposed information collection was collection. Form Number: DEA Forms 224, 224a, previously published in the Federal 224b, and 224c; Office of Diversion 4. Affected public who will be asked Register Volume 74, Number 113, page or required to respond, as well as a brief Control, Drug Enforcement 28274, on June 15, 2009, allowing for a Administration, Department of Justice. abstract: 60-day comment period. Primary: Local, state, or tribal law (4) Affected public who will be asked The purpose of this notice is to allow or required to respond, as well as a brief enforcement agencies. for an additional 30 days for public Other: None. abstract: comment until September 21, 2009. Abstract: This collection will gather Primary: Business or other for-profit. This process is conducted in accordance information related to youth and their Other: Not-for-Profit Institutions; with 5 CFR 1320.10. Written comments activities for research and assessment State, Local or Tribal Government. and/or suggestions regarding the items purposes. Abstract: All firms and individuals contained in this notice, especially the 5. An estimate of the total number of who distribute or dispense controlled estimated public burden and associated respondents and the amount of time substances must register with the DEA response time, should be directed to the estimated for an average respondent to under the Controlled Substances Act. Office of Management and Budget, respond/reply: It is estimated that it will Registration is needed for control Office of Information and Regulatory take 2,100 respondents approximately measures over legal handlers of Affairs, Attention Department of Justice ten minutes each to complete the controlled substances and is used to Desk Officer, Washington, DC 20503. survey. monitor their activities. 6. An estimate of the total public Additionally, comments may be (5) An estimate of the total number of burden (in hours) associated with the submitted to OMB via facsimile to (202) respondents and the amount of time collection: The total estimated annual 395–5806. estimated for an average respondent to burden hours to complete the Written comments and suggestions respond: It is estimated that 12,094 certification form are fewer than 425 from the public and affected agencies persons complete DEA Form 224 on hours. concerning the proposed collection of paper, at 12 minutes per form, for an If additional information is required, information are encouraged. Your annual burden of 2,418.8 hours. It is contact Ms. Lynn Bryant, Department comments should address one or more estimated that 59,283 persons complete of the following four points: DEA Form 224 electronically, at 8 Clearance Officer, United States • Department of Justice, Justice Evaluate whether the proposed minutes per form, for an annual burden Management Division, Policy and collection of information is necessary of 7,904.4 hours. It is estimated that Planning Staff, 601 D Street, NW., for the proper performance of the 159,678 persons complete DEA Form Washington, DC 20530. functions of the agency, including 224a on paper, at 12 minutes per form, whether the information will have for an annual burden of 31,935.6 hours. Dated: August 18, 2009. practical utility; It is estimated that 209,285 persons Lynn Bryant, • Evaluate the accuracy of the complete DEA Form 224a electronically, Department Clearance Officer, PRA, U.S. agency’s estimate of the burden of the at 4 minutes per form, for an annual Department of Justice. proposed collection of information, burden of 13,952.3 hours. It is estimated [FR Doc. E9–20182 Filed 8–20–09; 8:45 am] including the validity of the that 16 persons complete DEA Form BILLING CODE 4410–18–P methodology and assumptions used; 224b, at 5 hours per form, for an annual

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burden of 80 hours. It is estimated that submitted to OMB via facsimile to (202) substances by means of the Internet 250 persons complete DEA Form 224c 395–5806. during the month. Such reporting is electronically, at 15 minutes per form, Written comments and suggestions mandated by the Ryan Haight Act and for an annual burden of 62.5 hours. from the public and affected agencies permits DEA to monitor the dispensing (6) An estimate of the total public concerning the proposed collection of of controlled substances by online burden (in hours) associated with the information are encouraged. Your pharmacies. collection: It is estimated that this comments should address one or more (5) An estimate of the total number of collection will create a burden of 56,354 of the following four points: respondents and the amount of time annual burden hours. • Evaluate whether the proposed estimated for an average respondent to If additional information is required collection of information is necessary respond: It is estimated that 250 persons contact: Lynn Bryant, Department for the proper performance of the complete DEA Form 332 electronically, Clearance Officer, United States functions of the agency, including at 15 minutes per form, for an annual Department of Justice, Justice whether the information will have burden of 750 hours. Management Division, Policy and practical utility; (6) An estimate of the total public Planning Staff, Patrick Henry Building, • Evaluate the accuracy of the burden (in hours) associated with the Suite 1600, 601 D Street, NW., agency’s estimate of the burden of the collection: It is estimated that this Washington, DC 20530. proposed collection of information, collection will create a burden of 750 including the validity of the annual burden hours. Dated: August 18, 2009. methodology and assumptions used; If additional information is required, Lynn Bryant, • Enhance the quality, utility, and contact: Lynn Bryant, Department Department Clearance Officer, PRA, U.S. clarity of the information to be Clearance Officer, United States Department of Justice. collected; and Department of Justice, Justice [FR Doc. E9–20183 Filed 8–20–09; 8:45 am] • Minimize the burden of the Management Division, Policy and BILLING CODE 4410–09–P collection of information on those who Planning Staff, Patrick Henry Building, are to respond, including through the Suite 1600, 601 D Street, NW., use of appropriate automated, Washington, DC 20530. DEPARTMENT OF JUSTICE electronic, mechanical, or other Dated: August 18, 2009. technological collection techniques or Drug Enforcement Administration Lynn Bryant, other forms of information technology, Department Clearance Officer, PRA, U.S. [OMB Number 1117–0050] e.g., permitting electronic submission of Department of Justice. responses. Agency Information Collection [FR Doc. E9–20184 Filed 8–21–09; 8:45 am] Activities: Proposed Collection; Overview of Information Collection BILLING CODE 4410–09–P Comments Requested: Reports of 1117–0050 (1) Type of Information Collection: Dispensing of Controlled Substances DEPARTMENT OF JUSTICE by Online Pharmacies (DEA Form 332) Extension of a currently approved collection. Antitrust Division ACTION: 30-day notice of information (2) Title of the Form/Collection: collection under review. Reports of Dispensing of Controlled Notice Pursuant to the National Substances by Online Pharmacies (DEA Cooperative Research and Production The Department of Justice (DOJ), Drug Form 332). Act of 1993—American Society of Enforcement Administration (DEA), will (3) Agency form number, if any, and Mechanical Engineers be submitting the following information the applicable component of the collection request to the Office of Department of Justice sponsoring the Notice is hereby given that, on July Management and Budget (OMB) for collection: 20, 2009, pursuant to section 6(a) of the review and approval in accordance with Form Number: DEA Form 332; Office National Cooperative Research and the Paperwork Reduction Act of 1995. of Diversion Control, Drug Enforcement Production Act of 1993, 15 U.S.C. 4301 The proposed information collection is Administration, Department of Justice. et seq. (‘‘the Act’’), American Society of published to obtain comments from the (4) Affected public who will be asked Mechanical Engineers (‘‘ASME’’) has public and affected agencies. This or required to respond, as well as a brief filed written notifications proposed information collection was abstract: simultaneously with the Attorney previously published in the Federal Primary: Business or other for-profit. General and the Federal Trade Register Volume 74, Number 113, page Other: Not-for-Profit Institutions; Commission disclosing additions or 28275, on June 15, 2009, allowing for a State, Local or Tribal Government. changes to its standards development 60-day comment period. Abstract: The Controlled Substances activities. The notifications were filed The purpose of this notice is to allow Act (21 U.S.C. 827(d)(2)) requires online for the purpose of extending the Act’s for an additional 30 days for public pharmacies to report to DEA the total provisions limiting the recovery of comment until September 21, 2009. quantity of controlled substances that antitrust plaintiffs to actual damages This process is conducted in accordance the pharmacy has dispensed during under specified circumstances. with 5 CFR 1320.10. Written comments each calendar month by any means, Specifically, since May 7, 2009, ASME and/or suggestions regarding the items regardless of whether the controlled has partitioned its existing standards contained in this notice, especially the substances are dispensed by means of writing committee on Boilers and estimated public burden and associated the Internet. Reports are required to be Pressure Vessels into ten separate response time, should be directed to the filed by every pharmacy that, at any standards writing committees, each with Office of Management and Budget, time during a calendar month, holds a its own individual charter; published Office of Information and Regulatory modification of registration authorizing two new standards; and initiated three Affairs, Attention Department of Justice it to operate as an online pharmacy, new standards activities within the Desk Officer, Washington, DC 20503. regardless of whether the online general nature and scope of ASME’s Additionally, comments may be pharmacy dispenses any controlled standards development activities, as

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specified in its original notification. Act on December 31, 2008 (73 FR Register pursuant to Section 6(b) of the More detail regarding these changes can 80431). Act on May 21, 2009 (74 FR 23884). be found at http://www.asme.org. Patricia A. Brink, Patricia A. Brink, On September 15, 2004, ASME filed Deputy Director of Operations, Antitrust Deputy Director of Operations, Antitrust its original notification pursuant to Division. Division. section 6(a) of the Act. The Department [FR Doc. E9–19883 Filed 8–20–09; 8:45 am] [FR Doc. E9–19885 Filed 8–20–09; 8:45 am] of Justice published a notice in the BILLING CODE 4410–11–M Federal Register pursuant to section BILLING CODE 4410–11–M 6(b) of the Act on October 13, 2004 (69 FR 60895). DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE The last notification was filed with the Department on April 17, 2009. A Antitrust Division Antitrust Division notice was published in the Federal Register pursuant to section 6(b) of the Notice Pursuant to the National Notice Pursuant to the National Act on May 7, 2009 (74 FR 21402). Cooperative Research and Production Cooperative Research and Production Act of 1993—IMS Global Learning Act of 1993—Information Card Patricia A. Brink, Consortium, Inc. Foundation Deputy Director of Operations, Antitrust Division. Notice is hereby given that, on June Notice is hereby given that, on July 6, [FR Doc. E9–19881 Filed 8–20–09; 8:45 am] 30, 2009, pursuant to Section 6(a) of the 2009, pursuant to section 6(a) of the BILLING CODE 4410–11–M National Cooperative Research and National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS Global Learning et seq. (‘‘the Act’’), Information Card DEPARTMENT OF JUSTICE Consortium, Inc. has filed written Foundation has filed written notifications simultaneously with the notifications simultaneously with the Antitrust Division Attorney General and the Federal Trade Attorney General and the Federal Trade Commission disclosing changes in its Commission disclosing changes in its Notice Pursuant to the National membership. The notifications were membership. The notifications were Cooperative Research and Production filed for the purpose of extending the filed for the purpose of extending the Act of 1993—Open SystemC Initiative Act’s provisions limiting the recovery of Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages Notice is hereby given that, on July 1, antitrust plaintiffs to actual damages under specified circumstances. under specified circumstances. 2009, pursuant to section 6(a) of the Specifically, ACSEL, Paris, France; and National Cooperative Research and Specifically, ASN/JES & Co., Tucson, AZ; Cambridge Assessment, Cambridge, Kynetx, Lehi, UT have been added as Production Act of 1993, 15 U.S.C. 4301 parties to this venture. Also, Figlo, et seq. (‘‘the Act’’), Open SystemC United Kingdom; Hughes Network Systems, Germantown, MD; Iowa Capell a/d Yessel, The Netherlands has Initiative (‘‘OSCI’’) has filed written withdrawn as a party to this venture. In Community College Online Consortium notifications simultaneously with the addition, Parity Communications, Inc. (ICCOC), W. Burlington, IA; New Attorney General and the Federal Trade has changed its name to Azigo, Inc., Publishing Solutions, Sparta, NJ; Ubion Commission disclosing changes in its Needham, MA. membership. The notifications were Co., Ltd., Seoul, Republic of Korea; and No other changes have been made in filed for the purpose of extending the University of Glasgow, Glasgow, United either the membership or planned Act’s provisions limiting the recovery of Kingdom have been added as parties to activity of the group research project. antitrust plaintiffs to actual damages this venture. Also, Editure, Education Membership in this group research under specified circumstances. Technology Division, North Melbourne, project remains open, and Information Specifically, Philippe Coussy, Lorient, Victoria, Australia has withdrawn as a Card Foundation intends to file FRANCE; and OFFIS e.V., Oldenburg, party to this venture. additional written notifications Germany have been added as parties to No other changes have been made in disclosing all changes in membership. this venture. either the membership or planned On June 2, 2008, Information Card No other changes have been made in activity of the group research project. Foundation filed its original notification either the membership or planned Membership in this group research pursuant to section 6(a) of the Act. The activity of the group research project. project remains open, and IMS Global Department of Justice published a notice Membership in this group research Learning Consortium, Inc. intends to file in the Federal Register pursuant to project remains open, and OSCI intends additional written notifications section 6(b) of the Act on July 16, 2008 to file additional written notifications disclosing all changes in membership. (73 FR 40883). disclosing all changes in membership. On April 7, 2000, IMS Global The last notification was filed with On October 9, 2001, OSCI filed its Learning Consortium, Inc. filed its the Department on April 17, 2009. A original notification pursuant to section original notification pursuant to Section notice was published in the Federal 6(a) of the Act. The Department of 6(a) of the Act. The Department of Register pursuant to section 6(b) of the Justice published a notice in the Federal Justice published a notice in the Federal Act on May 22, 2009 (74 FR 24037). Register pursuant to section 6(b) of the Register pursuant to Section 6(b) of the Act on January 3, 2002 (67 FR 350). Act on September 13, 2000 (65 FR Patricia A. Brink, The last notification was filed with 55283). Deputy Director of Operations, Antitrust the Department on November 21, 2008. The last notification was filed with Division. A notice was published in the Federal the Department on April 16, 2009. A [FR Doc. E9–19884 Filed 8–20–09; 8:45 am] Register pursuant to section 6(b) of the notice was published in the Federal BILLING CODE 4410–11–M

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DEPARTMENT OF LABOR regarding the briefings. However, these DATES: Written comments must be briefings are subject to change and/or received on or before September 4, Employment and Training cancellation without further notice in 2009. Administration the Federal Register. In the event of a change participants who have registered ADDRESSES: Written comments may be Announcement of Public Briefings on will be notified. submitted by mail, fax or e-mail to Using the New H–2B Temporary Labor Time and Dates: Charles Jeffress, Chief Administrative Certification Process for Occupations 1. Thursday, September 17, 2009, Officer, Legal Services Corporation, Other Than Agriculture or Registered Boston, Massachusetts. Time: 8:30 a.m. 3333 K St., NW., Washington, DC 20007; Nursing to 12:30 p.m. 202–295–1630 (phone); 202–337–6386 2. Tuesday, September 22, 2009, (fax); [email protected]. AGENCIES: Employment and Training Chicago, Illinois. Time: 12:30 p.m. to Administration; Department of Labor. 4:30 p.m. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. ADDRESSES: The meeting locations are: Charles Jeffress, Chief Administrative 1. Boston—Sheraton Boston Hotel, 39 Officer, Legal Services Corporation, SUMMARY: The Office of Foreign Labor Dalton Street; Boston, MA 02199. 3333 K St., NW., Washington, DC 20007; Certification (OFLC) in the Department 2. Chicago—Westin O’Hare, 6100 202–295–1630 (phone); 202–337–6386 of Labor’s Employment & Training North River Road, Rosemont, Illinois (fax); [email protected]. Administration (ETA) has recently re- 60018. engineered several of its programs, To Register: To register to attend a SUPPLEMENTARY INFORMATION: The Legal including the H–2B temporary briefing session please complete the Services Corporation’s (LSC) mission is nonagricultural program. In addition, registration process on-line, by visiting to promote equal access to justice in our the Department’s Wage and Hour http://www.devdti.haverstick.biz/ Nation and to provide for high-quality Division (WHD) of the Employment OFLCbriefings/Home.cfm. For questions civil legal assistance to low income Standards Administration (ESA) has regarding the registration process, persons. LSC submits an annual budget amended contractual obligations please call (703) 299–1623 (this is not a request directly to Congress and applicable to employers of workers toll-free number). Due to space receives an annual direct appropriation subject to Sections 101, 103 and 214(c) considerations, attendance will be to carry out its mission. For the current of the Immigration and Nationality Act limited to those who register online. In fiscal year (FY 2009), LSC received an (INA). the event of cancellation or change, appropriation of $390,000,000 of which On December 19, 2008, the registered participants will be notified. $365,800,000 was for basic field Department published a final rule FOR FURTHER INFORMATION CONTACT: For programs and required independent redesigning the H–2B temporary further information regarding the nonagricultural program. The final rule audits; $4,200,000 was for the Office of briefing, please contact William L. Inspector General; $16,000,000 was for significantly streamlined the labor Carlson, PhD, Administrator, Office of certification process, including management and grants oversight; Foreign Labor Certification, $3,000,00 was for technology initiative eliminating the duplicative review of H– Employment and Training 2B applications by State Workforce grants; and $1,000,000 was for loan Administration, 200 Constitution repayment assistance. Consolidated Agencies and federalizing the provision Avenue, NW., Room C–4312, Appropriations Act, 2009, Public Law of prevailing wage determinations. The Washington, DC 20210; Telephone: 111–8, Div. B, Title IV, 123 Stat. 524 H–2B Final Rule contains two (202) 693–3010 (this is not a toll-free implementation stages; a transition stage number). (2009). (The FY 2010 budget request has for all applications with a date of need already been submitted to Congress and SUPPLEMENTARY INFORMATION: before October 1, 2009, and a full The LSC is awaiting Congressional action.) registration information should be used implementation stage for applications by any member of the public planning As part of its annual budget and with a date of need on or after October to attend a briefing session. appropriation process, LSC notifies the 1, 2009. All employers with a date of Office of Management and Budget need on or after October 1, 2009 are Signed in Washington, DC, this 17th day of August 2009. (OMB) in September as to what the LSC required to comply with all assurances budget request to Congress will be for Jane Oates, and obligations under the new final the next fiscal year. Accordingly, LSC is regulations. Assistant Secretary, Employment and Training Administration. currently in the process of formulating In the preamble discussion of the H– its FY 2011 budget request. The Finance [FR Doc. E9–20112 Filed 8–20–09; 8:45 am] 2B Final Rule, the Department Committee of the LSC Board of Directors BILLING CODE 4510–FP–P announced that it would provide will meet on September 21, 2009 to stakeholder briefings on the H–2B Final develop a recommendation to make to Rule. ETA is issuing this notice to the full Board. announce that it has scheduled two LEGAL SERVICES CORPORATION public briefings to educate stakeholders, LSC invites public comment on what program users, and other interested Request for Comments—LSC Budget its FY 2011 budget request should be. members of the public on applying for Request for FY 2011 Interested parties may submit comments H–2B temporary labor certifications AGENCY: Legal Services Corporation. to LSC by September 4, 2009. More information about LSC can be found at under the full implementation stage of ACTION: Request for Comments—LSC the re-engineered program and on using Budget Request for FY 2011. LSC’s Web site: http://www.lsc.gov. the new ETA–9142 form. Dated: August 18, 2009. As currently planned, the two SUMMARY: The Legal Services briefings will take place in September of Corporation is beginning the process of Victor M. Fortuno, 2009 in Boston and Chicago. This notice developing its FY 2011 budget request Vice President & General Counsel. provides the public with locations, to Congress and is soliciting suggestions [FR Doc. E9–20136 Filed 8–20–09; 8:45 am] dates, and registration information as to what the request should be. BILLING CODE 7050–01–P

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NATIONAL SCIENCE FOUNDATION NUCLEAR REGULATORY application, are available for public COMMISSION review through our electronic reading Proposal Review Panel for Materials room: http://www.nrc.gov/reading-rm/ Research; Notice of Meeting [Docket No. 40–9073; NRC–2009–0364] adams.html and on the NRC’s Moore Ranch Site Web page: http:// Uranium One Incorporated; Moore In accordance with the Federal www.nrc.gov/info-finder/materials/ Ranch In-Situ Recovery Project; New uranium/apps-in-review/moore-ranch- Advisory Committee Act (Pub. L. 92– Source Material License Application; new-app-review.html. Documents may 463 as amended), the National Science Notice of Intent To Prepare a also be obtained from NRC’s Public Foundation announces the following Supplemental Environmental Impact Document Room at the U.S. Nuclear meeting: Statement Regulatory Commission Headquarters, Name: Site Visit review of the Materials AGENCY: Nuclear Regulatory 11555 Rockville Pike (first floor), Research Science and Engineering Center Rockville, Maryland. (MRSEC) at Carnegie Mellon University Commission. SUPPLEMENTARY INFORMATION: (CMU), by NSF Division of Materials ACTION: Notice of Intent (NOI). Research (DMR) #1203. 1.0 Background Dates and Times: September 28, 2009; 7:45 SUMMARY: Uranium One Incorporated (Uranium One) submitted an Uranium One submitted the a.m.–9 p.m. September 29, 2009; 8 a.m.–3:30 application for the new source material p.m. application for a new source material license for the Moore Ranch In-Situ license to the NRC for ISR facilities by Place: Carnegie Mellon University, a letter dated October 2, 2007. A notice Pittsburgh, PA. Recovery (ISR) Project to be located in Campbell County, Wyoming, of receipt and availability of the license Type of Meeting: Part-open. application, including the ER, and Contact Person: Dr. William Brittain, approximately 50 miles south-southwest opportunity to request a hearing was Program Director, Materials Research Science of Gillette, Wyoming and approximately published in the Federal Register on and Engineering Centers Program, Division of 45 miles north-northeast of Casper, January 25, 2008 (73 FR 4642). No Materials Research, Room 1065, National Wyoming. The application proposes the construction, operation, and requests for hearing were submitted. Science Foundation, 4201 Wilson Boulevard, Relying on the ISR GEIS, the NRC Arlington, VA 22230, Telephone (703) 292– decommissioning of ISR, also known as in-situ recovery, facilities and originally planned to document its site- 5039. specific environmental evaluations by Purpose of Meeting: To provide advice and restoration of the aquifer from which the publishing draft Environmental recommendations concerning further support uranium is being extracted. Uranium Assessments (EAs) for comment. of the MRSEC at Carnegie Mellon University. One submitted the application for the new source material license to the U.S. However, during the development of the Agenda Nuclear Regulatory Commission (NRC) final ISR GEIS, NRC decided to prepare an SEIS that will tier off of the ISR GEIS Monday, September 28, 2009 by a letter dated October 2, 2007. A notice of receipt and availability of the for applications to license new ISR 7:45 a.m.–4:45 p.m. Open—Review of the facilities. Accordingly, draft and final license application, including the CMU MRSEC. SEISs will now be prepared for the Environmental Report (ER) and 4:45 p.m.–6 p.m. Closed—Executive Moore Ranch ISR Project. NRC staff met opportunity to request a hearing was Session. with Federal (Bureau of Land published in the Federal Register on 6 p.m.–7 p.m. Open—Poster Session. Management—Cheyenne, Casper, January 25, 2008 (73 FR 4642). 7 p.m.–9 p.m. Open—Dinner. Buffalo; Bureau of Indian Affairs—Fort The purpose of this notice of intent is Washakie; Fish & Wildlife Service— Tuesday, September 29, 2009 to inform the public that the NRC, as Buffalo), State (Wyoming Department of 8 a.m.–9 a.m. Closed—Executive session. part of its process to determine whether Environmental Quality—Cheyenne, 9 a.m.–9:45 a.m. Open—Review of the Uranium One’s license request should Sheridan; State Engineer’s Office; Carnegie Mellon MRSEC. be granted, will be preparing a site- Governor’s Planning Office; State 9:45 a.m.–3:30 p.m. Closed—Executive specific Supplemental Environmental Historic Preservation Office) and local Session, Draft and Review Report. Impact Statement (SEIS). The SEIS will government agencies (City of Casper Reason for Closing: The work being tier off of the Generic Environmental Planning Office; City of Gillette reviewed may include information of a Impact Statement for In-Situ Leach Planning Department, Town of Wright, proprietary or confidential nature, including Uranium Milling Facilities (ISR GEIS). and City of Douglas) and public technical information; financial data, such as In addition, as outlined in 36 CFR 800.8, salaries and personal information concerning organizations (Campbell County ‘‘Coordination with the National Economic Development Corporation; individuals associated with the proposals. Environmental Policy Act’’ (NEPA) the These matters are exempt under 5 U.S.C. 552 Wyoming Community Development NRC plans to use its environmental Authority; Converse Area New b(c), (4) and (6) of the Government in the review process to coordinate Sunshine Act. Development Organization) in January compliance with Section 106 of the 2009 as part of a site visit to gather site- Dated: August 18, 2009. National Historic Preservation Act. specific information to assist in the Susanne Bolton, FOR FURTHER INFORMATION CONTACT: For preparation of the Moore Ranch ISR Committee Management Officer. general information on the NRC NEPA Project environmental review. NRC also [FR Doc. E9–20098 Filed 8–20–09; 8:45 am] or the environmental review process contacted potentially interested tribes related to the Moore Ranch ISR Project and local public interest groups via e- BILLING CODE 7555–01–P application, please contact the NRC mail and telephone to gather additional Environmental Project Manager, Behram information. Shroff, at (301) 415–0666 or The NRC has begun evaluating the [email protected]. potential environmental impacts Information and documents associated with the proposed ISR associated with the Moore Ranch ISR facility in parallel with the safety review Project, including the license of the license application. The NRC is

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required by 10 CFR 51.20(b)(8) to Transportation: Transportation For the Nuclear Regulatory Commission. prepare an Environmental Impact modes, routes, quantities, and risk Patrice M. Bubar, Statement (EIS) or a supplement to an estimates; Deputy Director, Environmental Protection EIS for the issuance of a license to Geology and Soils: Physical and Performance Assessment Directorate, possess and use source material for geography, topography, geology, and Division of Waste Management and uranium milling. The ISR GEIS and the soil characteristics; Environmental Protection, Office of Federal site-specific SEIS fulfills this regulatory Water Resources: Surface and and State Materials and Environmental requirement. groundwater hydrology, water use and Management Programs. quality, and the potential for [FR Doc. E9–20117 Filed 8–20–09; 8:45 am] 2.0 Moore Ranch ISR Facilities degradation; BILLING CODE 7590–01–P The facilities, if licensed, would Ecology: Wetlands, aquatic, terrestrial, include a central processing plant, economically and recreationally accompanying wellfields, and ion important species, and threatened and OFFICE OF PERSONNEL exchange columns. The milling process endangered species; MANAGEMENT involves the dissolution of the water- Air Quality: Meteorological [OMB Control No. 3206–0219] soluble uranium from the mineralized conditions, ambient background, host sandstone rock by pumping pollutant sources, and the potential for Request for Comments on a oxidants (oxygen or hydrogen peroxide) degradation; Reinstatement With Change of an and chemical compounds (sodium Noise: Ambient, sources, and Existing Information Collection bicarbonate) through a series of sensitive receptors; production and extraction wells. The Historical and Cultural Resources: AGENCY: U.S. Office of Personnel uranium-rich solution is transferred Historical, archaeological, and Management. from the production wells to the central traditional cultural resources; ACTION: Notice. processing plant for uranium Visual and Scenic Resources: SUMMARY: In accordance with the concentration using ion exchange Landscape characteristics, manmade columns. Final processing is conducted Paperwork Reduction Act of 1995 (Pub. features and viewshed; L. 104–13, May 22, 1995), this notice in the central processing plant to Socioeconomics: Demography, produce yellowcake for use in announces that the U.S. Office of economic base, labor pool, housing, Personnel Management (OPM) intends manufacturing commercial nuclear fuel transportation, utilities, public services/ for use in power reactors. to submit to the Office of Management facilities, and education; and Budget (OMB) a request for review 3.0 Alternatives To Be Evaluated Environmental Justice: Potential of an existing information collection. disproportionately high and adverse Alternative 1: The license review This information collection occurs impacts to minority and low-income process analyzes the Construction, electronically via the USAJOBS Resume populations; Operation, Aquifer Restoration, and Builder (online application) or Public and Occupational Health: Decommissioning with Disposal via completion and submission via regular Potential public and occupational Deep Well Injection (Proposed Action). mail, e-mail, fax, or in person of OF 612 consequences from construction, The proposed federal action is to issue Optional Form Application for Federal routine operation, transportation, and a 10 CFR Part 40 license authorizing the Employment or a resume. The USAJOBS credible accident scenarios (including possession and use of source material at Resume Builder and the OF 612 both natural events); the proposed ISR facilities. The NRC reflect the minimal critical elements Waste Management: Types of wastes staff will analyze the construction, collected across the Federal government expected to be generated, handled, and operation, and decommissioning of the to assess an applicant’s qualifications stored; and proposed ISR facilities, and the for Federal jobs under the authority of Cumulative Effects: Impacts from restoration of the aquifer from which the sections 1104, 1302, 3301, 3304, 3320, past, present, and reasonably uranium would be extracted. The ISR 3361 3393, and 3394 of Title 5 United foreseeable actions at and near the facilities would be located in Campbell States Code. site(s). County, Wyoming, approximately 50 This notice also announces that the This list is not intended to be all miles south-southwest of Gillette, Office of Personnel Management (OPM) inclusive, nor is it a predetermination of Wyoming and approximately 45 miles intends to continue using the Optional potential environmental impacts. north-northeast of Casper, Wyoming. Form Application for Federal Alternative 2: No Action. The no- 5.0 The NEPA Process Employment (OF 612) and will not be action alternative would be not to issue requesting cancellation from the Office The SEIS for the Moore Ranch ISR the license. Under this alternative, the of Management and Budget at this time. Project will be prepared pursuant to the NRC would not approve the license The information collection was NRC’s NEPA Regulations at 10 CFR Part application for the proposed ISR previously published in the Federal 51. The NRC and its contractor will facilities. This serves as a baseline for Register on February 25, 2009, at 73 FR prepare and publish a draft SEIS for comparison. 8589 allowing for a 60-day public comment. NRC currently plans to have Other alternatives not listed here may comment period. We have received two a 45-day public comment period for the be identified through the environmental comments on the 60-day Notice draft SEIS. Availability of the draft SEIS review process. requesting that the OF–612 be and the dates of the public comment continued. 4.0 Environmental Impact Areas To period will be announced in the Federal The purpose of this notice is to allow Be Analyzed Register and the NRC Web site: http:// an additional 30 days for public The following areas have been www.nrc.gov. The final SEIS will comments. Comments are particularly tentatively identified for analysis in the include responses to public comments invited on: Whether this information is SEIS: received on the draft SEIS. necessary for the proper performance of Land Use: Plans, policies, and Dated at Rockville, Maryland, this 12th day functions of OPM, and whether it will controls; of August 2009. have practical utility; whether our

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estimate of the public burden of this FOR FURTHER INFORMATION CONTACT: Rob employment history, Indian and collection of information is accurate and Timmins, (202) 606–2674, fax (202) veterans’ preference, and other personal based on valid assumptions and 606–3040, or e-mail to information needed during the methodology; and ways in which we [email protected]. Please include application, nomination, assessment, can minimize the burden of the your complete mailing address with and selection processes, and as needed collection of information on those who your request. for training and development are to respond, through the use of SUPPLEMENTARY INFORMATION: This opportunities impacting PMFs and appropriate technological collection notice serves to update and amend participating agencies. This system also techniques or other forms of information collection, analysis, and maintenance of will contain confidential evaluation technology. OPM\Central–11 (Presidential information and assessment scores not We estimate 50,125,000 applications Management Fellows Program) as a available to the public. will be completed annually using the result of new program regulations and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: OF 612 and the USAJOBS Resume an increased use of automated Executive Order 13318, signed by Builder. Each takes approximately 40 information technology. Revisions President George W. Bush on November minutes to read and complete, include the following: (1) Authority of 21, 2003. depending on the amount of Program now results from Executive information the applicant wishes to Order 13318, Presidential Management PURPOSE(S): include. The annual estimated burden is Fellows Program, signed by President These records are used by program 33,416,667 hours. George W. Bush on November 21, 2003; personnel for the following reasons: DATES: Comments on this proposal (2) The Executive order changed the a. To determine basic program should be received within 30 calendar name from Presidential Management eligibility and to evaluate the nominees days from the date of this publication. Intern (PMI) Program to the Presidential in a structured assessment process ADDRESSES: Send or deliver comments Management Fellows (PMF) Program; conducted by OPM. to: OPM Desk Officer, Office of (3) There is no longer a category of b. To group the applicants into Information and Regulatory Affairs, records collection for semi-finalists; (4) various categories (e.g., applicants, Office of Management and Budget, New As a result of the OPM re-organization nominees, finalists, and non-selectees) Executive Office Building, 725 17th in March 2003, the system location has and make a final determination as to Street, NW., Room 10236, Washington, been updated to reflect current name; those candidates who will be referred DC 20503. and (5) The system manager contact has (as finalists to become Fellows) to Please provide your mailing address been updated to reflect the new PMF participating agencies for employment or Fax number with your request. Program organization and location. consideration. c. For program evaluation functions to U.S. Office of Personnel Management. John Berry, John Berry, determine the effectiveness of the Director, U.S. Office of Personnel program and to improve program Director. Management. operations. [FR Doc. E9–20093 Filed 8–20–09; 8:45 am] OPM\CENTRAL–11 d. To facilitate interaction and BILLING CODE 6325–38–P communication between PMF Program SYSTEM NAME: participants and alumni. Presidential Management Fellows e. To track PMF appointments, OFFICE OF PERSONNEL (PMF) Program Records. certifications, conversions, MANAGEMENT reappointments, withdrawals, SYSTEM LOCATION: Amendment of a System of Records resignations, extensions, waivers and U.S. Office of Personnel Management, deferrals. AGENCY: U.S. Office of Personnel Human Resources Products and f. To track agency reimbursements for Management (OPM). Services Division, Center for Leadership PMF appointments. ACTION: Notice of amendment to system Capacity Services, Succession Planning g. To schedule and track PMF of records. Programs, Presidential Management participation in Program-sponsored Fellows Program, 1900 E Street, NW., training and development events (e.g., SUMMARY: OPM has amended an existing Room 1425, Washington, DC 20415. orientation, forums, graduation). system of records subject to the Privacy h. To track contact information of Act of 1974 (5 U.S.C. 552a). This action CATEGORIES OF INDIVIDUALS COVERED BY THE applicants, nominees, finalists, Fellows, SYSTEM: is necessary to meet the requirements of Agency PMF Coordinators, PMF the Privacy Act to publish in the This system contains records on supervisors, graduate school Federal Register notice of the existence current and former PMFs and students Nomination Officials and other relevant and character of system of records pursuing graduate degrees who have stakeholders. maintained by the agency (5 U.S.C. been nominated by their graduate 552a(e)(4)). schools for consideration for the PMF ROUTINE USES OF RECORDS MAINTAINED IN THE Program, as well as contact information SYSTEM, INCLUDING CATEGORIES OF USERS AND DATES: The changes became effective in for Program stakeholders (e.g., Agency THE PURPOSES OF SUCH USES: November 2003. The system has been PMF Coordinators, graduate school These records and information in operational for 6 years without incident. Nomination Officials, supervisors of these records may be used: Comments will be accepted until PMFs). 1. To refer pertinent information to September 30, 2009. the appropriate Federal, State or local ADDRESSES: Written comments must be CATEGORIES OF RECORDS IN THE SYSTEM: agency responsible for investigating, sent to the U.S. Office of Personnel These records contain information prosecuting, enforcing or implementing Management, Presidential Management about the covered individuals relating to a statute, rule, regulation or order when Fellows Program, Attn: Rob Timmins name, Social Security Number, there is an indication of a violation or (OPM\Central–11), 1900 E Street, NW., academic background, home address, potential violation of civil or criminal Room 1425, Washington, DC 20415. telephone numbers, e-mail addresses, law or regulation.

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2. To provide information to a matters before the Federal Service systems adhere to current IT and congressional office from the record of Impasses Panel. security policies and requirements. an individual in response to an inquiry 8. To refer candidates to Federal from the congressional office made at agencies for employment consideration. RETENTION AND DISPOSAL: the request of the individual. 9. To refer candidates to State and Application files are maintained for a 3. To disclose information to another local governments, congressional maximum of three (3) years; the Federal agency, a Court, or a party in offices, international organizations, and automated data base of participant litigation before a court or in an other public offices, with permission of information will be destroyed when no administrative proceeding being the candidates, for the purpose of longer needed for administrative conducted by a Federal agency, when employment consideration and purposes. Tapes are erased and manual the Government is a party to the judicial developmental opportunities. records are either archived or destroyed. or administrative proceeding. In those 10. To refer Fellows for consideration The PMF Program maintains a database cases where the Government is not a for reassignment and promotion within system tracking all applicant history party to the proceeding, records may be the employing agencies. and program status from 1997 to the disclosed if a subpoena has been signed 11. As a data source for management present. All hardcopies, as a result of by a judge. information of summary descriptive the above described processes, are 4. To disclose information to the U.S. statistics and analytical studies in maintained in lockable filing cabinets Department of Justice, or in a support of the function for which the and are archived in accordance with proceeding before a court, adjudicative records are collected and maintained, or OPM’s Records Management Handbook body or other administrative body for related personnel research functions and records schedules. or manpower studies, or to locate before which OPM is authorized to SYSTEM MANAGER(S) AND ADDRESS: appear, when: individuals for personnel research. Presidential Management Fellows a. OPM, or any component thereof; or 12. To request information from a Program Office, U.S. Office of Personnel b. Any employee of OPM in his or her Federal, State, or local agency Management, 1900 E Street, NW., Room official capacity; or maintaining civil, criminal or other 1425, Washington, DC 20415, Office c. Any employee of OPM in his or her information relevant to an agency (202) 606–1040, Fax (202) 606–3040, E- individual capacity where the decision concerning the hiring or mail [email protected], and Branch Chief/ Department of Justice or OPM has retention of a candidate. Technical Manager, Technical Services agreed to represent the employee; or 13. To provide an academic Group, U.S. Office of Personnel d. The United States, when OPM institution with information on a recent Management, 4685 Log Cabin Drive, determines that litigation is likely to graduate’s participation in the PMF Macon, GA 31204, Office (478) 744– affect OPM or any of its components, is Program, covering application, 2373, Fax (478) 744–2179. a party to litigation or has an interest in nomination, assessment, selection and such litigation, and the use of such appointment to a Federal position at a NOTIFICATION PROCEDURE: records by the Department of Justice or certain grade level, and graduation (completion of the PMF Program). Individuals wishing to inquire OPM is deemed by OPM to be relevant whether this system contains and necessary to the litigation provided, POLICIES AND PRACTICES OF STORING, information about them should contact however, that the disclosure is RETRIEVING, SAFEGUARDING, RETAINING AND the system managers. You must furnish compatible with the purpose for which DISPOSING OF RECORDS IN THE SYSTEM: the following information for your records were collected. STORAGE: records to be located and identified: 5. To disclose information to officials These records are stored on forms, a. Full Name at Time of Application. of the Merit Systems Protection Board or b. Maiden Name (if applicable). the Office of the Special Counsel, when lists, magnetic tape, database systems, Web site, and media storage devices c. Home Address referenced at Time requested in connection with appeals, of Application. special studies of the civil service and (e.g., floppy disks, flash drives, CD– ROMs, etc.). d. Nominating Graduate School. other merit systems, review of OPM e. Graduate Degree referenced at Time rules and regulations, investigations of RETRIEVABILITY: of Application. alleged or possible prohibited personnel These records are indexed by name of f. Year Applied to Program. practices, and such other functions, e.g., applicants, maiden name (if applicable), RECORD ACCESS PROCEDURE: as prescribed in 5 U.S.C. 1205 and 1206, graduate schools, State of residence, or as may be authorized by law. Social Security Number, graduate/ Specific materials in this system have 6. To disclose information to the undergraduate degree, Indian and/or been exempted from Privacy Act Equal Employment Opportunity veterans’ preference, status in PMF provisions at 5 U.S.C. 552a(d), regarding Commission, when requested, in Program (e.g., applicant, nominee, access to and amendment of records. connection with investigations into finalist, non-finalist, Fellow), The section of the notice, titled Systems alleged or possible discrimination citizenship, foreign language(s), Exempted from Certain Provisions of the practices in the Federal sector, geographic employment preference(s), Act, indicates the kinds of materials examination of Federal affirmative and any combination of these. exempted and the reasons for exempting employment programs, compliance by them from access. Federal agencies with the Uniform SAFEGUARDS: Current or former Presidential Guidelines on Employee Selection These records are maintained in Management Fellows or nominees who Procedures, or other functions vested in lockable metal file cabinets or a secured wish to gain access to their non-exempt the Commission. office suite and in computerized records should direct such a request in 7. To disclose information to the systems accessible to only those writing to the system managers. You Federal Labor Relations Authority or its program staff whose official duties must furnish the following information General Counsel, when requested, in necessitate such access. Confidential for your records to be located and connection with investigations of passwords are required for access to identified. allegations of unfair labor practices or these automated records. Computerized a. Full Name at Time of Application.

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b. Maiden Name (if applicable). from the requirements of 5 U.S.C. with their agency. Furthermore, it c. Home Address referenced at Time 552a(d), which relate to access to and allows registered university officials of Application. amendment of records, for any such limited read-only access to students in d. Nominating Graduate School. testing or examination materials in the their program so they can ensure e. Graduate Degree referenced at Time system. students are meeting program of Application. [FR Doc. E9–20091 Filed 8–20–09; 8:45 am] requirements. f. Year Applied to Program. U.S. Office of Personnel Management. Individuals must also comply with BILLING CODE 6325–38–P OPM’s Privacy Act regulations regarding John Berry, Director. verification of identity and access to OFFICE OF PERSONNEL records (5 CFR 297). MANAGEMENT OPM INTERNAL–18 CONTESTING RECORD PROCEDURE: Privacy Act of 1974: New System of SYSTEM NAME: Specific material in this system has Records Federal Cyber Service: Scholarship been exempted from Privacy act For Service (SFS) provisions at 5 U.S.C. 552a(d), regarding AGENCY: U.S. Office of Personnel access to and amendment of records. Management (OPM). SYSTEM LOCATION: The section of the notice titled Systems ACTION: Notice of a new system of The IT infrastructure of SFS is housed Exempted from Certain Provisions of the records. at the Center for Talent Service Act, indicates the kinds of materials Technical Services Group at 4685 Log SUMMARY: OPM proposes to add a new exempted and the reasons for exempting Cabin Drive, Macon, GA 31204. them from amendment. system of records to its inventory of Current or former Presidential records systems subject to the Privacy CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Management Fellows or nominees Act of 1974 (5 U.S.C. 552a), as amended. wishing to request amendment of their This action is necessary to meet the This system contains records on non-exempt records should contact the requirements of the Privacy Act to certain citizens who were selected for system managers. You must furnish the publish in the Federal Register notice of participation in the SFS program. The following information for your records the existence and character of records system currently contains information to be located and identified: maintained by the agency (5 U.S.C. on approximately 1000 participating a. Full Name at Time of Application. 552a(e)(4)). The system has been students, 39 participating university b. Maiden Name (if applicable). operational since March 24, 2003 officials, and 400 agency officials. without incident. Publication of this c. Home Address referenced at Time CATEGORIES OF RECORDS IN THE SYSTEM: of Application. system of records was inadvertently The records in the database may d. Nominating Graduate School. delayed. In the meantime, appropriate contain the following on a participating e. Graduate Degree referenced at Time measures were taken to maintain the student: of Application. integrity and confidentiality of the information. a. Name. f. Year Applied to Program. b. Address. DATES: Individuals must also comply with This action will be effective c. Phone number. OPM’s Privacy Act regulations regarding without further notice on September 30, d. E-mail address. verification of identity and amendment 2009 unless comments are received that e. Employment Information. of records (5 CFR 297). would result in a contrary f. Education. determination. RECORD SOURCE CATEGORIES: The records in the database may ADDRESSES: Send written comments to contain the following on participating Information in this system of records the Office of Personnel Management, university officials: is obtained from: ATTN: Kathryn Roberson, Manager, a. Name. a. The individual to whom it applies; Federal Cyber Service: Scholarship for b. University address. b. Nominating graduate school Deans, Service Program, 8610 Broadway, Rm. c. University phone number. Chairpersons, and/or Academic Program 305, San Antonio, TX 78217. d. University e-mail address. Directors; FOR FURTHER INFORMATION CONTACT: e. Fax number. c. Federal, State, and local officials Kathryn Roberson, 202–369–1011. The records in the database may involved in the screening and selection contain the following on registered SUPPLEMENTARY INFORMATION: The process; agency officials: d. Employing agencies. Federal Cyber Service: Scholarship for Service Web site (SFS) allows OPM the a. Name. b. Agency address. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS ability to fulfill its responsibility for the c. Agency phone number. OF THE ACT: SFS program which was established by d. Agency e-mail address. This system contains testing and the National Science Foundation in e. Fax number. examination materials that are used accordance with the Federal Cyber solely to determine individual Service Training and Education AUTHORITY FOR MAINTENANCE OF THE SYSTEM: qualifications for appointment or Initiative, as described in the President’s The Federal Cyber Service Training promotion in the Federal service. The National Plan for Information Systems and Education Initiative as described in Privacy Act at 5 U.S.C. 552a(k)(6), Protection, to facilitate the timely the President’s National Plan for permits an agency to exempt all such registration, selection and placement of Information Systems Protection, gives testing or examination material and program-enrolled students in Federal OPM the authority to maintain the information from certain provisions of agencies. Specified OPM personnel use system. the Act when disclosure of the material SFS to update student information. The would compromise the objectivity or system also affords registered agency PURPOSE: fairness of the testing or examination officials read-only access to student The information is used by OPM’s process. OPM has claimed exemptions resumes to consider them for placement Center for Talent Services to register

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scholarship recipient’s education and requested in connection with appeals, participating students available for experience and to provide this special studies of the civil service and employment. information to potential Federal other merit systems, review of OPM POLICIES AND PRACTICES OF STORING, employers. Students are selected by rules and regulations, investigations of RETRIEVING, SAFEGUARDING, RETAINING, AND participating universities/colleges to alleged or possible prohibited personnel DISPOSING OF RECORDS IN THE SYSTEM: receive the scholarship. Once selected practices, and such other functions, e.g., and approved by OPM, the student is as promulgated in 5 U.S.C. 1205 and STORAGE: provided instructions on how to register 1206, or as may be authorized by law. SFS maintains these records in an their resume on-line. Approved Federal (G) To disclose information to the electronic database. agencies and approved university Equal Employment Opportunity RETRIEVABILITY: officials are then able to retrieve Commission when requested in resumes of the scholarship recipients connection with investigations into Records in SFS may be retrieved by through a password protected website. alleged or possible discrimination the name of the individual about whom practices in the Federal sector, they are maintained. ROUTINE USES OF RECORDS MAINTAINED IN THE compliance by Federal agencies with SYSTEM, INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: the Uniform Guidelines on Employee THE PURPOSES OF SUCH USES: OPM has adopted appropriate Selection Procedures or other functions Information in these records may be administrative, technical, and physical vested in the Commission and to controls in accordance with its used by: otherwise ensure compliance with the 1. OPM— Automated Information Systems provisions of 5 U.S.C. 7201. (A) To maintain the database. Security Program to protect information (H) To disclose information to the (B) To produce to another Federal in the SFS database. OPM restricts Federal Labor Relations Authority or its agency or a party in litigation before a access to all of these records to General Counsel when requested in court or in an administrative proceeding employees who have the appropriate connection with investigations of being conducted by a Federal agency, clearance and need-to-know. allegations of unfair labor practices or when the Government is a party to the matters before the Federal Service RETENTION AND DISPOSAL: judicial or administrative proceeding, Impasses Panel. and such information is deemed by Service Agreements are destroyed (I) To disclose relevant and necessary OPM to be arguably relevant and (shredded) 180 days after the student information to designated officers and necessary to the litigation. has completed their obligation to the employees of agencies, offices and other (C) To disclose information to the Federal Government. The Database establishments in all branches of the National Archives and Records consisting of name, university, degree Federal Government for: information, and hiring agency, is Administration for use in records (a) conducting suitability or security management inspections. maintained indefinitely by graduating investigations, class for reporting and statistical (D) To produce summary descriptive (b) classifying jobs, statistics and analytical studies in purposes. SFS is currently in the (c) hiring or retaining employees, process of establishing a Records support of the function for which the (d) evaluating qualifications, Retention Schedule with NARA. records are collected and maintained, or suitability and loyalty to the United for related workforce studies. While States Government, SYSTEM MANAGER AND ADDRESS: published studies do not contain (e) granting access to classified Associate Director, Human Resources individual identifiers, in some instances information or restricted areas, Products and Services Division, Office the selection of elements of data (f) letting a contract, issuing a license, of Personnel Management, Room 4310, included in the study may be structured grant, or other benefit, or 1900 E Street, NW., Washington, DC in such a way as to make the data (g) providing a service performed 20415–4000. individually identifiable by inference. under a contract or other agreement. (E) To disclose information to the (J) To disclose information to the NOTIFICATION AND RECORD ACCESS PROCEDURE: Department of Justice (DOJ), or in a appropriate Federal, State, local, tribal, Individuals wishing to determine proceeding before a court, adjudicative foreign or other public authority whether this system of records contains body or other administrative body responsible for investigating, information about them may do so by before which OPM is authorized to prosecuting, enforcing or implementing writing to FOI/P, OPM, ATTN: FOIA appear, when: OPM, or any component a statute, rule, regulation or order when Officer, 1900 E Street, NW., Room 5415, thereof; or any employee of OPM in his OPM–CFIS becomes aware of an Washington, DC 20415–7900. or her official capacity; or any employee indication of a violation or potential Individuals must furnish the of OPM in his or her individual capacity violation of civil or criminal law or following information for their records where DOJ or OPM has agreed to regulation. to be located: represent the employee; or the United (K) To disclose information to a 1. Full name. States, when OPM determines that congressional office in response to an 2. Date and place of birth. litigation is likely to affect OPM or any inquiry made on behalf of an individual. 3. Social Security Number. of its components; is a party to litigation Information will only be released to a 4. Signature. or has an interest in such litigation, and congressional office if OPM receives a 5. Available information regarding the the use of such records by DOJ or OPM notarized authorization or signed type of information requested. is deemed by OPM to be arguably statement under 28 U.S.C. 1746 from the 6. The reason why the individual relevant and necessary to the litigation subject of the investigation. believes this system contains provided; however, that the disclosure 3. Approved University Officials—To information about him/her. is compatible with the purpose for view resumes of their participating 7. The address to which the which records were collected. students to ensure the accuracy of the information should be sent. (F) To disclose information to officials students resume. Individuals requesting access must of the Merit Systems Protection Board or 4. Approved Federal agencies—To also comply with OPM’s Privacy Act the Office of the Special Counsel, when obtain names and resumes of regulations regarding verification of

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identity and access to records (5 CFR has entered into an additional Global 50.4 Id. at 3. The Postal Service part 297). Expedited Package Services 1 (GEPS 1) incorporates by reference the arguments contract.1 GEPS 1 provides volume- made for functional equivalence in CONTESTING RECORD PROCEDURE: based incentives for mailers that send Docket No. CP2009–50 with previous Individuals wishing to request large volumes of Express Mail GEPS 1 contracts. Id. It contends that amendment of records about them International (EMI) and/or Priority Mail the instant contract and all GEPS 1 should write to Kathryn Roberson, International (PMI). The Postal Service contracts have similar cost and market Manager, SFS, 8610 Broadway, Rm 305, believes the instant contract is characteristics. Id. The Postal Service San Antonio, TX 78217 and furnish the functionally equivalent to previously also requests that the contract in Docket following information for their records submitted GEPS 1 contracts and is No. CP2009–50 be considered the to be located: supported by the Governors’ Decision baseline for determining functional 1. Full name. filed in Docket No. CP2008–4.2 Notice at equivalence with GEPS 1 contracts. Id. 2. Date and place of birth. 1. It further notes that in Order No. 86, at 4. 3. Social Security Number. The Postal Service concludes that this 4. Signature. which established GEPS 1 as a product, 5. Precise identification of the the Commission held that additional contract is in compliance with 39 U.S.C. information to be amended. contracts may be included as part of the 3633, and requests that this contract be Individuals requesting amendment GEPS 1 product if they meet the included within the GEPS 1 product. Id. must also follow OPM’s Privacy Act requirements of 39 U.S.C. 3633, and if The Postal Service states that the copy regulations regarding verification of they are functionally equivalent to of the instant contract provided with identity and amendment to records (5 previously submitted GEPS 1 contracts.3 this filing has not been signed by the CFR part 297). Notice at 1–2. mailer but the mailer has confirmed that The instant contract. The Postal it will sign the contract which will not RECORD SOURCE CATEGORIES: Service filed the instant contract be altered from the form presented to Information in this system of records pursuant to 39 CFR 3015.5. In addition, the Commission. The Postal Service has is obtained from: the Postal Service contends that the submitted the contract in this manner in 1. The individual to whom the contract is in accordance with Order No. the interest of having it reviewed by the information applies. 86. The term of the instant contract is Commission at this time and has committed to file the signed version of SYSTEM EXEMPTIONS: 1 year from the date the Postal Service the contract upon final execution. None. notifies the customer that all necessary regulatory approvals have been II. Notice of Filing [FR Doc. E9–20092 Filed 8–20–09; 8:45 am] received. BILLING CODE 6325–38–P The Commission establishes Docket In support of its Notice, the Postal No. CP2009–60 for consideration of Service filed four attachments as matters related to the contract identified follows: POSTAL REGULATORY COMMISSION in the Postal Service’s Notice. 1. Attachment 1—An application for Interested persons may submit [Docket No. CP2009–60; Order No. 280] non-public treatment of materials to comments on whether the Postal maintain the contract and supporting Service’s contract is consistent with the Global Expedited Package Services documents under seal; policies of 39 U.S.C. 3632, 3622 or 3642. Contract 2. Attachment 2—A redacted copy of Comments are due no later than August Governors’ Decision No. 08–7 which AGENCY: Postal Regulatory Commission. 25, 2009. The public portions of these establishes prices and classifications for filings can be accessed via the ACTION: Notice. GEPS contracts; Commission’s Web site (http:// SUMMARY: The Commission is noticing a 3. Attachment 3—A redacted copy of www.prc.gov). recently-filed Postal Service request to the contract; and The Commission appoints Paul L. add a Global Expedited Package 4. Attachment 4—A certified Harrington to serve as Public Services 1 (GEPS 1) contract to the statement required by 39 CFR Representative in the captioned filing. 3015.5(c)(2). Competitive Product List. This notice III. Ordering Paragraphs addresses procedural steps associated Functional equivalency. The Postal with this filing. Service asserts that the instant contract It is ordered: 1. The Commission establishes Docket DATES: is functionally equivalent to prior GEPS Comments are due August 25, No. CP2009–60 for consideration of the 2009. 1 contracts. It contends that the instant contract satisfies the pricing formula issues raised in this docket. ADDRESSES: Submit comments and classification system established in 2. Comments by interested persons in electronically via the Commission’s Governors’ Decision No. 08–7 and, these proceedings are due no later than Filing Online system at http:// except for tender locations, is the same August 25, 2009. www.prc.gov. as the contract in Docket No. CP2009– 3. Pursuant to 39 U.S.C. 505, Paul L. FOR FURTHER INFORMATION CONTACT: Harrington is appointed to serve as officer of the Commission (Public Stephen L. Sharfman, General Counsel, 1 Notice of United States Postal Service Filing of 202–789–6820 and Functionally Equivalent Global Expedited Package Representative) to represent the [email protected]. Services 1 Negotiated Service Agreement and interests of the general public in these Application for Non-Public Treatment of Materials proceedings. SUPPLEMENTARY INFORMATION: Filed Under Seal, August 13, 2009 (Notice). 4. The Secretary shall arrange for I. Introduction 2 See Docket No. CP2008–4, Notice of United publication of this order in the Federal States Postal Service of Governors’ Decision II. Notice of Filing Register. III. Ordering Paragraphs Establishing Prices and Classifications for Global Expedited Package Services Contracts, May 20, I. Introduction 2008. 4 See Docket No. CP2009–50, Order Concerning 3 See Docket No. CP2008–5, Order Concerning Filing of Additional Global Expedited Package On August 13, 2009, the Postal Global Expedited Package Services Contracts, June Services 1 Negotiated Service Agreement, July 29, Service filed a notice announcing that it 27, 2008, at 7 (Order No. 86). 2009 (Order No. 262).

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By the Commission. applicants with a copy of the request, 1940 (the ‘‘Advisers Act’’) and will Judith M. Grady, personally or by mail. Hearing requests serve as the investment adviser to the Acting Secretary. should be received by the Commission Initial Funds. In the future, the Adviser [FR Doc. E9–20143 Filed 8–20–09; 8:45 am] by 5:30 p.m. on September 8, 2009 and may enter into sub-advisory agreements BILLING CODE 7710–FW–P should be accompanied by proof of with other investment advisers to act as service on applicants, in the form of an sub-advisers to particular Funds (‘‘Sub- affidavit, or for lawyers, a certificate of Advisers’’). Each Sub-Adviser will be SECURITIES AND EXCHANGE service. Hearing requests should state registered under the Advisers Act. The COMMISSION the nature of the writer’s interest, the Distributor is a broker-dealer registered reason for the request, and the issues under the Securities Exchange Act of [Investment Company Act Release No. contested. Persons who wish to be 1934 (the ‘‘Exchange Act’’) and will act 28847; File No. 812–13614] notified of a hearing may request as the principal underwriter and notification by writing to the distributor for the Creation Units of Old Mutual Global Shares Trust, et al.; Commission’s Secretary. Shares. Notice of Application 3. Each Fund will hold certain equity ADDRESSES: Secretary, Securities and August 13, 2009. Exchange Commission, 100 F Street, securities (‘‘Portfolio Securities’’) and financial instruments selected to AGENCY: Securities and Exchange NE., Washington, DC 20549–1090; Commission (‘‘Commission’’). Applicants: Old Mutual Global Shares correspond, before fees and expenses, generally to the performance of a ACTION: Trust and Old Mutual Global Index Notice of an application for an specified equity securities index Trackers (Pty) Ltd., c/o Betserai Tendai order under section 6(c) of the (‘‘Underlying Index,’’ collectively Musikavanhu, 144 Katherine Street, Investment Company Act of 1940 (the ‘‘Underlying Indices’’). Certain of the Grayson Ridge Office Park, Block A First ‘‘Act’’) for an exemption from sections Underlying Indices may be composed of Floor, Sandton 2196, South Africa, and 2(a)(32), 5(a)(1), 22(d), and 22(e) of the equity securities of domestic issuers and Foreside Fund Services, LLC, Two Act and rule 22c-1 under the Act, under non-domestic issuers meeting the Portland Square, First Floor, Portland, section 12(d)(1)(J) of the Act for an requirements for trading in U.S. markets ME 04101. exemption from sections 12(d)(1)(A) and (‘‘Domestic Indices’’). Other Underlying (B) of the Act, and under sections 6(c) FOR FURTHER INFORMATION CONTACT: Indices may be composed of foreign and 17(b) of the Act for an exemption Courtney S. Thornton, Senior Counsel at equity securities (‘‘Foreign Indices’’). from sections 17(a)(1) and (a)(2) of the (202) 551–6812, or Mary Kay Frech, The Initial Funds will track Foreign Act. Branch Chief, at (202) 551–6821 Indices; Future Funds may track (Division of Investment Management, SUMMARY: Summary of Application: Domestic or Foreign Indices. Funds that Office of Investment Company track Domestic Indices are referred to as Applicants request an order that would Regulation). permit (a) certain open-end management ‘‘Domestic Funds’’ and Funds that track investment companies and their series SUPPLEMENTARY INFORMATION: The Foreign Indices are referred to as to issue shares (‘‘Shares’’) that can be following is a summary of the ‘‘Foreign Funds.’’ No entity that creates, redeemed only in large aggregations application. The complete application compiles, sponsors or maintains an (‘‘Creation Units’’); (b) secondary market may be obtained via the Commission’s Underlying Index (‘‘Index Provider’’) is transactions in Shares to occur at Web site by searching for the file or will be an affiliated person, as negotiated prices; (c) certain series to number, or for an applicant using the defined in section 2(a)(3) of the Act, or pay redemption proceeds, under certain Company name box, at http:// an affiliated person of an affiliated circumstances, more than seven days www.sec.gov/search/search.htm, or by person, of the Trust or a Fund, the after the tender of Shares for calling (202) 551–8090. Adviser, any Sub-Adviser to or promoter of a Fund, or the Distributor. redemption; (d) certain affiliated Applicants’ Representations persons of the series to deposit The Index Provider to the Initial Funds securities into, and receive securities 1. The Trust is organized as a is FTSE Group. 4. The investment objective of each from, the series in connection with the Delaware statutory trust and is Fund will be to provide investment purchase and redemption of Creation registered under the Act as an open-end results that correspond, before fees and Units; and (e) certain registered management investment company with expenses, generally to the performance management investment companies and multiple series, each of which will offer of its Underlying Index. Intra-day values unit investment trusts outside of the separate investment portfolios of the Underlying Index will be same group of investment companies as comprised primarily of equity disseminated every 15 seconds the series to acquire Shares. securities. The Trust initially will offer Applicants: Old Mutual Global Shares five series (‘‘Initial Funds’’). Applicants throughout the trading day. A Fund will Trust (‘‘Trust’’), Old Mutual Global may establish additional series in the utilize either a replication or Index Trackers (Pty) Ltd. (‘‘Adviser’’), future (‘‘Future Funds,’’ together with representative sampling strategy, which the Initial Funds, the ‘‘Funds’’).1 will be disclosed with regard to each and Foreside Fund Services, LLC 2 (‘‘Distributor’’). 2. The Adviser is a South African Fund in its prospectus. A Fund using private limited company that is DATES: 2 Filing Dates: The application was registered as an investment adviser Applicants represent that each Fund will invest at least 80% of its total assets in the component filed on December 16, 2008, and under the Investment Advisers Act of amendments were filed on May 7, 2009, securities that comprise its Underlying Index (‘‘Component Securities’’) or, in the case of Foreign and August 12, 2009. 1 All existing entities that intend to rely on the Funds, Component Securities and depositary Hearing or Notification of Hearing: An requested order have been named as applicants. receipts representing such securities. ‘‘Depositary order granting the application will be Any other existing or future entity that Receipts’’ will typically be American Depositary issued unless the Commission orders a subsequently relies on the order will comply with Receipts, as well as Global Depositary Receipts and the terms and conditions of the application. Any Euro Depositary Receipts. Each Fund also may hearing. Interested persons may request Future Fund will be advised by the Adviser or an invest up to 20% of its assets in certain futures, a hearing by writing to the entity controlled by or under common control with options and swap contracts, cash and cash Commission’s Secretary and serving the Adviser. Continued

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a replication strategy will invest in the equal to the difference between (a) the such Shares into the secondary market. Component Securities in its Underlying net asset value (‘‘NAV’’) (per Creation Shares will be listed and traded on an Index in approximately the same Unit) of a Fund and (b) the total Exchange. It is expected that one or proportions as in the Underlying Index. aggregate market value (per Creation more member firms of the Listing A Fund using representative sampling Unit) of the Deposit Securities.5 Each Exchange will be designated to act as a will hold some, but not necessarily all Fund may permit, under certain specialist (‘‘Specialist’’) or a market of the Component Securities of its circumstances, a purchaser of Creation maker (‘‘Market Maker’’) and maintain a Underlying Index.3 Applicants Units to substitute cash in lieu of market for Shares trading on the Listing anticipate that a Fund that utilizes a depositing some or all of the Deposit Exchange. Prices of Shares trading on an representative sampling strategy will Securities.6 Exchange will be based on the current not track the performance of its 6. An investor purchasing or bid/ask market. Shares sold in the Underlying Index with the same degree redeeming a Creation Unit from a Fund secondary market will be subject to of accuracy as an investment vehicle will be charged a fee (‘‘Transaction customary brokerage commissions and that invests in every Component Fee’’) to prevent the dilution of the charges. Security of the Underlying Index with interests of the remaining shareholders 8. Applicants expect that purchasers the same weighting as the Underlying resulting from costs in connection with of Creation Units will include Index. Applicants expect that each Fund the purchase or redemption of Creation institutional investors and arbitrageurs will have a tracking error relative to the Units.7 The maximum Transaction Fees (which could include institutional performance of its Underlying Index of relevant to each Fund and the method investors). A Specialist or Market less than 5 percent. of calculating such Transaction Fees Maker, in providing a fair and orderly 5. Creation Units are expected to will be fully disclosed in the Prospectus secondary market for the Shares, also range between 25,000 to 100,000 Shares of such Fund or statement of additional may purchase Creation Units for use in as will be clearly stated in the relevant information (‘‘SAI’’). The Distributor its market-making activities. Applicants Fund’s prospectus (‘‘Prospectus’’).4 will be responsible for delivering the expect that secondary market Applicants expect that the initial price Fund’s Prospectus to those persons purchasers of Shares will include both of a Creation Unit will fall in the range purchasing Shares in Creation Units and institutional investors and retail of $1,000,000 to $10,000,000. All orders for maintaining records of both the investors.8 Applicants expect that the to purchase Creation Units must be orders placed with it and the price at which Shares trade will be placed with the Distributor, by or confirmations of acceptance furnished disciplined by arbitrage opportunities through a party that has entered into an by it. In addition, the Distributor will created by the option to continually agreement with the Distributor maintain a record of the instructions purchase or redeem Creation Units at (‘‘Authorized Participant’’). The given to the applicable Fund to their NAV, which should ensure that Distributor will be responsible for implement the delivery of its Shares. Shares will not trade at a material transmitting the orders to the Funds. An 7. Purchasers of Shares in Creation discount or premium in relation to their Authorized Participant must be either: Units may hold such Shares or may sell NAV. (a) A broker-dealer or other participant 9. Shares will not be individually in the continuous net settlement system 5 Each Fund will sell and redeem Creation Units redeemable, and owners of Shares may of the National Securities Clearing only on a ‘‘Business Day’’ which is defined as any acquire those Shares from the Fund, or day that the New York Stock Exchange, the Listing Corporation, a clearing agency Exchange (defined below), and the custodian of a tender such Shares for redemption to registered with the Commission, or (b) Fund are open for business, and includes any day the Fund, in Creation Units only. To a participant in the Depository Trust that a Fund is required to be open under section redeem, an investor will have to 22(e) of the Act. Each Business Day, prior to the Company (‘‘DTC’’, and such participant, opening of trading on the Listing Exchange (defined accumulate enough Shares to constitute ‘‘DTC Participant’’). Shares of the Fund below), the list of names and amount of each a Creation Unit. Redemption orders generally will be sold in Creation Units security constituting the current Deposit Securities must be placed by or through an in exchange for an in-kind deposit by and the Balancing Amount will be made available. Authorized Participant. An investor Any national securities exchange (as defined in the purchaser of a portfolio of securities section 2(a)(26) of the Act) (‘‘Exchange’’) on which redeeming a Creation Unit generally designated by the Adviser or Sub- Shares are listed (‘‘Listing Exchange’’) will will receive (a) Portfolio Securities Adviser to correspond generally to the disseminate, every 15 seconds during its regular designated to be delivered for Creation performance of the relevant Underlying trading hours, through the facilities of the Unit redemptions (‘‘Fund Securities’’) Consolidated Tape Association, an amount per Index (the ‘‘Deposit Securities’’), individual Share representing the sum of the on the date that the request for together with the deposit of a specified estimated Balancing Amount and the current value redemption is submitted 9 and (b) a cash payment (‘‘Balancing Amount’’). of the Deposit Securities. ‘‘Cash Redemption Payment,’’ The Balancing Amount is an amount 6 Applicants state that in some circumstances or consisting of an amount calculated in in certain countries, it may not be practicable or convenient, or permissible under the laws of certain equivalents, as well as in stocks not included in its countries or the regulations of certain foreign stock 8 Shares will be registered in book-entry form Underlying Index, but which the Adviser or Sub- exchanges, for a Foreign Fund to operate only. DTC or its nominee will be the registered Adviser believes will help the Fund track its exclusively on an ‘‘in-kind’’ basis. Applicants also owner of all outstanding Shares. DTC or DTC Underlying Index. note that when a substantial rebalancing of a Fund’s Participants will maintain records reflecting 3 Under the representative sampling strategy, portfolio is required, the Adviser or Sub-Adviser beneficial owners of Shares. stocks are selected for inclusion in a Fund to have might prefer to receive cash rather than stocks so 9 As a general matter, the Deposit Securities and aggregate investment characteristics, fundamental that the Fund may avoid transaction costs involved Fund Securities will correspond pro rata to the characteristics, and liquidity measures similar to in liquidating part of its portfolio to achieve the Portfolio Securities held by each Fund, but Fund those of the Fund’s Underlying Index taken in its rebalancing. Securities received on redemption may not always entirety. 7 Where a Fund permits a purchaser to substitute be identical to Deposit Securities deposited in 4 All representations and conditions contained in cash in lieu of depositing a portion of the requisite connection with the purchase of Creation Units for the application that require a Fund to disclose Deposit Securities, the purchaser may be assessed the same day. The Funds will comply with the particular information in the Fund’s Prospectus a higher Transaction Fee to cover the cost of Federal securities laws in accepting Deposit and/or annual report shall be effective with respect purchasing such Deposit Securities, including Securities and satisfying redemptions with Fund to the Fund until the time that the Fund complies operational processing and brokerage costs, and Securities, including that the Deposit Securities and with the disclosure requirements adopted by the part or all of the spread between the expected bid Fund Securities are sold in transactions that would Commission in Investment Company Act Release and the offer side of the market relating to such be exempt from registration under the Securities No. 28584 (Jan. 13, 2009). Deposit Securities. Act of 1933.

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the same manner as the Balancing the Act. Section 12(d)(1)(J) of the Act as well as those of rule 22c–1, appear to Amount, although the actual amount of provides that the Commission may have been designed to (a) prevent the Cash Redemption Payment may exempt any person, security, or dilution caused by certain riskless- differ if the Fund Securities are not transaction, or any class or classes of trading schemes by principal identical to the Deposit Securities on persons, securities or transactions, from underwriters and contract dealers, (b) that day. An investor may receive the any provisions of section 12(d)(1) if the prevent unjust discrimination or cash equivalent of a Fund Security in exemption is consistent with the public preferential treatment among buyers, certain circumstances, such as if the interest and the protection of investors. and (c) ensure an orderly distribution of investor is constrained from effecting Sections 5(a)(1) and 2(a)(32) of the Act investment company shares by transactions in the security by eliminating price competition from regulation or policy. 3. Section 5(a)(1) of the Act defines an dealers offering shares at less than the 10. No Fund will be marketed or ‘‘open-end company’’ as a management published sales price and repurchasing otherwise held out as a traditional open- investment company that is offering for shares at more than the published end investment company or a mutual sale or has outstanding any redeemable redemption price. fund. Instead, each Fund will be security of which it is the issuer. 6. Applicants believe that none of marketed as an ‘‘ETF,’’ an ‘‘investment Section 2(a)(32) of the Act defines a these purposes will be thwarted by company,’’ a ‘‘fund,’’ or a ‘‘trust.’’ All redeemable security as any security, permitting Shares to trade in the marketing materials that describe the other than short-term paper, under the secondary market at negotiated prices. features or method of obtaining, buying terms of which the owner, upon its Applicants state that (a) secondary or selling Creation Units or Shares presentation to the issuer, is entitled to market trading in Shares does not traded on an Exchange, or refer to receive approximately his proportionate involve a Fund as a party and will not redeemability, will prominently share of the issuer’s current net assets, result in dilution of an investment in disclose that Shares are not individually or the cash equivalent. Because Shares Shares, and (b) to the extent different redeemable and that the owners of will not be individually redeemable, prices exist during a given trading day, applicants request an order that would Shares may purchase or redeem Shares or from day to day, such variances occur permit the Funds to register as open-end from the Fund in Creation Units only. as a result of third-party market forces, management investment companies and The same approach will be followed in such as supply and demand. Therefore, issue Shares that are redeemable in the SAI, shareholder reports and applicants assert that secondary market Creation Units only. Applicants state investor educational materials issued or transactions in Shares will not lead to that investors may purchase Shares in circulated in connection with the discrimination or preferential treatment Creation Units and redeem Creation Shares. The Funds will provide copies among purchasers. Finally, applicants Units from each Fund. Applicants state of their annual and semi-annual contend that the proposed distribution that because Creation Units may always shareholder reports to DTC Participants system will be orderly because for distribution to shareholders. be purchased and redeemed at NAV, the market price of the Shares should not competitive forces will ensure that the Applicants’ Legal Analysis vary substantially from their NAV. difference between the market price of 1. Applicants request an order under Shares and their NAV remains narrow. Section 22(d) of the Act and Rule 22c– section 6(c) of the Act for an exemption Section 22(e) from sections 2(a)(32), 5(a)(1), 22(d), and 1 Under the Act 22(e) of the Act and rule 22c–1 under 4. Section 22(d) of the Act, among 7. Section 22(e) of the Act generally the Act, under section 12(d)(1)(J) of the other things, prohibits a dealer from prohibits a registered investment Act for an exemption from sections selling a redeemable security, which is company from suspending the right of 12(d)(1)(A) and (B) of the Act, and currently being offered to the public by redemption or postponing the date of under sections 6(c) and 17(b) of the Act or through a principal underwriter, payment of redemption proceeds for for an exemption from sections 17(a)(1) except at a current public offering price more than seven days after the tender of and 17(a)(2) of the Act. described in the prospectus. Rule 22c– a security for redemption. Applicants 2. Section 6(c) of the Act provides that 1 under the Act generally requires that state that settlement of redemptions for the Commission may exempt any a dealer selling, redeeming or the Foreign Funds is contingent not person, security or transaction, or any repurchasing a redeemable security do only on the settlement cycle of the class of persons, securities or so only at a price based on its NAV. United States market, but also on transactions, from any provision of the Applicants state that secondary market current delivery cycles in local markets Act, if and to the extent that such trading in Shares will take place at for underlying foreign securities held by exemption is necessary or appropriate negotiated prices, not at a current the Foreign Funds. Applicants state that in the public interest and consistent offering price described in a Fund’s delivery cycles for transferring Fund with the protection of investors and the Prospectus, and not at a price based on Securities to redeeming investors, purposes fairly intended by the policy NAV. Thus, purchases and sales of coupled with local market holiday and provisions of the Act. Section 17(b) Shares in the secondary market will not schedules, will require a delivery of the Act authorizes the Commission to comply with section 22(d) of the Act process longer than seven calendar days exempt a proposed transaction from and rule 22c–1 under the Act. for the Foreign Funds. Applicants section 17(a) of the Act if evidence Applicants request an exemption under request relief under section 6(c) of the establishes that the terms of the section 6(c) from these provisions. Act from section 22(e) to allow the transaction, including the consideration 5. Applicants assert that the concerns Foreign Funds to pay redemption to be paid or received, are reasonable sought to be addressed by section 22(d) proceeds up to fourteen calendar days and fair and do not involve of the Act and rule 22c–1 under the Act after the tender of any Creation Unit for overreaching on the part of any person with respect to pricing are equally redemption. Except as disclosed in the concerned, and the proposed satisfied by the proposed method of relevant Foreign Fund’s Prospectus and/ transaction is consistent with the pricing Shares. Applicants maintain that or SAI, applicants expect that each policies of the registered investment while there is little legislative history Foreign Fund will be able to deliver company and the general provisions of regarding section 22(d), its provisions, redemption proceeds within seven

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days.10 With respect to future Foreign investment companies,’’ as defined in aggregate) a Fund within the meaning of Funds, applicants seek the same relief section 12(d)(1)(G)(ii) of the Act, as the section 2(a)(9) of the Act. The same from section 22(e) only to the extent that Funds (collectively, ‘‘Purchasing prohibition would apply to any circumstances similar to those described Funds’’) to acquire shares of a Fund Purchasing Fund Sub-Adviser, any in the application exist. beyond the limits of section 12(d)(1)(A). person controlling, controlled by or 8. Applicants state that section 22(e) Purchasing Funds do not include the under common control with the was designed to prevent unreasonable, Funds. In addition, applicants seek Purchasing Fund Sub-Adviser, and any undisclosed and unforeseen delays in relief to permit a Fund or broker-dealer investment company or issuer that the payment of redemption proceeds. (‘‘Broker’’) that is registered under the would be an investment company but Applicants assert that the requested Exchange Act to sell Shares to a for sections 3(c)(1) or 3(c)(7) of the Act relief will not lead to the problems that Purchasing Fund in excess of the limits (or portion of such investment company section 22(e) was designed to prevent. of section 12(d)(1)(B). or issuer) advised or sponsored by the Applicants state that the SAI will 11. Each Purchasing Management Purchasing Fund Sub-Adviser or any disclose those local holidays (over the Company will be advised by an person controlling, controlled by or period of at least one year following the investment adviser within the meaning under common control with the date of the SAI), if any, that are of section 2(a)(20)(A) of the Act (the Purchasing Fund Sub-Adviser expected to prevent the delivery of ‘‘Purchasing Fund Adviser’’) and may (‘‘Purchasing Fund Sub-Advisory redemption proceeds in seven calendar be sub-advised by one or more Group’’). days, and the maximum number of days investment advisers within the meaning 14. Applicants propose other needed to deliver the proceeds for the of section 2(a)(20)(B) of the Act (each a conditions to limit the potential for relevant Foreign Fund. Applicants are ‘‘Purchasing Fund Sub-Adviser’’). Any undue influence over the Funds, not seeking relief from section 22(e) investment adviser to a Purchasing including that no Purchasing Fund or with respect to Foreign Funds that do Management Company will be Purchasing Fund Affiliate (except to the not effect creations and redemptions of registered under the Advisers Act. Each extent it is acting in its capacity as an Creation Units in-kind. Purchasing Trust will be sponsored by investment adviser to a Fund) will cause a sponsor (‘‘Sponsor’’). a Fund to purchase a security in any Section 12(d)(1) 12. Applicants submit that the offering of securities during the 9. Section 12(d)(1)(A) of the Act, in proposed conditions to the requested existence of any underwriting or selling relevant part, prohibits a registered relief adequately address the concerns syndicate of which a principal investment company from acquiring underlying the limits in section underwriter is an Underwriting Affiliate securities of an investment company if 12(d)(1)(A) and (B), which include (‘‘Affiliated Underwriting’’). An such securities represent more than 3% concerns about undue influence by a ‘‘Underwriting Affiliate’’ is a principal of the total outstanding voting stock of fund of funds over underlying funds, underwriter in any underwriting or the acquired company, more than 5% of excessive layering of fees and overly selling syndicate that is an officer, the total assets of the acquiring complex fund structures. Applicants director, member of an advisory board, company, or, together with the believe that the requested exemption is Purchasing Fund Adviser, Purchasing securities of any other investment consistent with the public interest and Fund Sub-Adviser, employee or companies, more than 10% of the total the protection of investors. Sponsor of a Purchasing Fund, or a assets of the acquiring company. Section 13. Applicants believe that neither the person of which any such officer, 12(d)(1)(B) of the Act prohibits a Purchasing Funds nor a Purchasing director, member of an advisory board, registered open-end investment Fund Affiliate would be able to exert Purchasing Fund Adviser, Purchasing company, its principal underwriter and undue influence over the Funds.11 To Fund Sub-Adviser, employee, or any other broker-dealer from selling the limit the control that a Purchasing Fund Sponsor is an affiliated person (except investment company’s shares to another may have over a Fund, applicants that any person whose relationship to investment company if the sale will propose a condition prohibiting a the Fund is covered by section 10(f) of cause the acquiring company to own Purchasing Fund Adviser or a Sponsor, the Act is not an Underwriting more than 3% of the acquired any person controlling, controlled by, or Affiliate). company’s voting stock, or if the sale under common control with a 15. Applicants assert that the will cause more than 10% of the Purchasing Fund Adviser or Sponsor, proposed conditions address any acquired company’s voting stock to be and any investment company and any concerns regarding excessive layering of owned by investment companies issuer that would be an investment fees. The board of directors or trustees generally. company but for sections 3(c)(1) or of any Purchasing Management 10. Applicants request an exemption 3(c)(7) of the Act that is advised or Company, including a majority of the to permit management investment sponsored by a Purchasing Fund directors or trustees who are not companies (‘‘Purchasing Management Adviser or Sponsor, or any person ‘‘interested persons’’ within the Companies’’) and unit investment trusts controlling, controlled by, or under meaning of section 2(a)(19) of the Act (‘‘Purchasing Trusts’’) registered under common control with a Purchasing (‘‘disinterested directors or trustees’’), the Act that are not sponsored or Fund Adviser or Sponsor (‘‘Purchasing will find that the advisory fees charged advised by the Adviser or any entity Fund Advisory Group’’) from to the Purchasing Management controlling, controlled by, or under controlling (individually or in the Company are based on services common control with the Adviser and provided that will be in addition to, are not part of the same ‘‘group of 11 A ‘‘Purchasing Fund Affiliate’’ is a Purchasing rather than duplicative of, services Fund Adviser, Purchasing Fund Sub-Adviser, provided under the advisory contract(s) Sponsor, promoter, and principal underwriter of a 10 Rule 15c6–1 under the Exchange Act requires Purchasing Fund, and any person controlling, of any Fund in which the Purchasing that most securities transactions be settled within controlled by, or under common control with any Management Company may invest. In three business days of the trade. Applicants of those entities. A ‘‘Fund Affiliate’’ is an addition, except as provided in acknowledge that no relief obtained from the investment adviser, promoter, or principal condition 12, a Purchasing Fund requirements of section 22(e) will affect any underwriter of a Fund and any person controlling, obligations applicants may have under rule controlled by or under common control with any Adviser or a trustee (‘‘Trustee’’) or 15c6–1. of these entities. Sponsor of a Purchasing Trust will, as

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applicable, waive fees otherwise person’’ to include (a) any person redemption of Shares directly from a payable to it by the Purchasing Fund in directly or indirectly owning, Fund will be based on the NAV of the an amount at least equal to any controlling or holding with power to Fund.13 Applicants believe that any compensation (including fees received vote 5% or more of the outstanding proposed transactions directly between pursuant to any plan adopted by a Fund voting securities of the other person, (b) the Funds and Purchasing Funds will be under rule 12b–1 under the Act) any person 5% or more of whose consistent with the policies of each received by the Purchasing Fund outstanding voting securities are Purchasing Fund. The purchase of Adviser or Trustee or Sponsor or an directly or indirectly owned, controlled Creation Units by a Purchasing Fund affiliated person of the Purchasing Fund or held with the power to vote by the directly from a Fund will be Adviser, Trustee or Sponsor, from the other person, and (c) any person directly accomplished in accordance with the Funds in connection with the or indirectly controlling, controlled by investment restrictions of any such investment by the Purchasing Fund in or under common control with the other Purchasing Fund and will be consistent the Fund. Applicants state that any sales person. Section 2(a)(9) of the Act with the investment policies set forth in loads or service fees charged with provides that a control relationship will the Purchasing Fund’s registration respect to shares of a Purchasing Fund be presumed where one person owns statement. The Purchasing Fund will not exceed the limits applicable to more than 25% of another person’s Agreement will require any Purchasing a fund of funds set forth in NASD voting securities. Fund that purchases Creation Units Conduct Rule 2830.12 19. Applicants request an exemption directly from a Fund to represent that 16. Applicants submit that the from section 17(a) of the Act pursuant the purchase of Creation Units from a proposed arrangement will not create an to sections 17(b) and 6(c) of the Act to Fund by a Purchasing Fund will be overly complex fund structure. permit persons to effectuate in-kind accomplished in compliance with the Applicants note that no Fund may purchases and redemptions with a Fund investment restrictions of the acquire securities of any investment when they are affiliated persons of the Purchasing Fund and will be consistent company or company relying on Fund or Second-Tier Affiliates solely by with the investment policies set forth in sections 3(c)(1) or 3(c)(7) of the Act in virtue of one or more of the following: the Purchasing Fund’s registration excess of the limits contained in section (a) Holding 5% or more, or in excess of statement. 25%, of the outstanding Shares of one 12(d)(1)(A) of the Act. To ensure that Applicants’ Conditions Purchasing Funds comply with the or more Funds; (b) having an affiliation terms and conditions of the requested with a person with an ownership Applicants agree that any order relief from section 12(d)(1), any interest described in (a); or (c) holding granting the requested relief will be 14 Purchasing Fund that intends to invest 5% or more, or more than 25%, of the subject to the following conditions: in a Fund in reliance on the requested shares of one or more other registered ETF Relief order will enter into an agreement with investment companies (or series thereof) advised by the Adviser or an entity 1. As long as the Funds operate in the Fund (‘‘Purchasing Fund reliance on the requested order, the Agreement’’) requiring the Purchasing controlling, controlled by, or under common control with the Adviser. Shares of each Fund will be listed on an Fund to adhere to the terms and Exchange. conditions of the requested order. The 20. Applicants assert that no useful purpose would be served by prohibiting 2. Neither the Trust nor any Fund will Purchasing Fund Agreement also will be advertised or marketed as an open- include an acknowledgement from the these types of affiliated persons from purchasing or redeeming Creation Units end investment company or a mutual Purchasing Fund that it may rely on the through ‘‘in-kind’’ transactions. The fund. Each Fund’s Prospectus will requested order only to invest in the deposit procedures for both in-kind prominently disclose that Shares are not Funds and not in any other investment purchases and in-kind redemptions of individually redeemable shares and will company. Creation Units will be the same for all disclose that the owners of Shares may 17. Applicants also note that a Fund acquire those Shares from the Fund and may choose to reject a direct purchase purchases and redemptions. Deposit Securities and Fund Securities will be tender those Shares for redemption to of Shares in Creation Units by a the Fund in Creation Units only. Any Purchasing Fund. To the extent that a valued in the same manner as Portfolio Securities. Therefore, applicants state advertising material that describes the Purchasing Fund purchases Shares in that in-kind purchases and redemptions purchase or sale of Creation Units or the secondary market, a Fund would will afford no opportunity for the refers to redeemability will prominently still retain its ability to reject any initial specified affiliated persons, or Second- disclose that Shares are not individually investment by a Purchasing Fund in Tier Affiliates, of a Fund to effect a redeemable, and that owners of Shares excess of the limits of section transaction detrimental to other holders may acquire those Shares from the Fund 12(d)(1)(A) by declining to enter into a of Shares. Applicants also believe that and tender those Shares for redemption Purchasing Fund Agreement with the in-kind purchases and redemptions will to the Fund in Creation Units only. Purchasing Fund. not result in self-dealing or overreaching 3. The Web site maintained for each Sections 17(a)(1) and (2) of the Act of the Funds. Fund, which will be publicly accessible at no charge, will contain the following 18. Sections 17(a)(1) and (2) of the Act 21. Applicants also seek relief from information, on a per Share basis, for generally prohibit an affiliated person of section 17(a) to permit a Fund that is an affiliated person of a Purchasing Fund a registered investment company, or an to sell its Shares to and redeem its 13 Applicants acknowledge that receipt of affiliated person of such a person Shares from a Purchasing Fund, and to compensation by (a) an affiliated person of a (‘‘Second-Tier Affiliate’’), from selling Purchasing Fund, or an affiliated person of such engage in the accompanying in-kind any security to or purchasing any person, for the purchase by the Purchasing Fund of transactions with the Purchasing Fund. security from the company. Section Shares of a Fund or (b) an affiliated person of a Applicants state that the terms of the Fund, or an affiliated person of such person, for the 2(a)(3) of the Act defines ‘‘affiliated transactions are fair and reasonable and sale by the Fund of its Shares to a Purchasing Fund may be prohibited by section 17(e)(1) of the Act. 12 Any references to NASD Conduct Rule 2830 do not involve overreaching. Applicants The Purchasing Fund Agreement also will include include any successor or replacement FINRA rule note that any consideration paid by a this acknowledgment. to NASD Conduct Rule 2830. Purchasing Fund for the purchase or 14 See note 4, supra.

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each Fund: (a) The prior Business Day’s the outstanding Shares of a Fund, it will the duration of the investment and for NAV and the mid-point of the bid-ask vote its Shares in the same proportion a period of not less than six years spread at the time of the calculation of as the vote of all other holders of the thereafter, the first two years in an NAV (‘‘Bid/Ask Price’’), and a Shares. This condition will not apply to easily accessible place. calculation of the premium or discount the Purchasing Fund’s Sub-Advisory 12. The Purchasing Fund Adviser, of the Bid/Ask Price at the time of Group with respect to a Fund for which Trustee or Sponsor, as applicable, will calculation of the NAV against such the Purchasing Fund’s Sub-Adviser or a waive fees otherwise payable to it by the NAV; and (b) data in chart format person controlling, controlled by, or Purchasing Fund in an amount at least displaying the frequency distribution of under common control with the equal to any compensation (including discounts and premiums of the daily Purchasing Fund Sub-Adviser acts as fees received under any plan adopted by Bid/Ask Price against the NAV, within the investment adviser within the a Fund under rule 12b–1 under the Act) appropriate ranges, for each of the four meaning of section 2(a)(20)(A) of the received from a Fund by the Purchasing previous calendar quarters. Act. Fund Adviser, Trustee or Sponsor, or an 4. The Prospectus and annual report 8. No Purchasing Fund or Purchasing affiliated person of the Purchasing Fund for each Fund also will include: (a) The Fund Affiliate will cause any existing or Adviser, Trustee or Sponsor, other than information listed in condition 3(b), (i) potential investment by the Purchasing any advisory fees paid to the Purchasing in the case of the Fund’s Prospectus, for Fund in a Fund to influence the terms Fund Adviser, Trustee or Sponsor, or its the most recently completed year (and of any services or transactions between affiliated person by a Fund, in the most recently completed quarter or the Purchasing Fund or Purchasing connection with the investment by the quarters, as applicable) and (ii) in the Fund Affiliate and the Fund or a Fund Purchasing Fund in the Fund. Any case of the annual report, for the Affiliate. Purchasing Fund Sub-Adviser will immediately preceding five years, as 9. The board of directors or trustees of waive fees otherwise payable to the applicable; and (b) the following data, a Purchasing Management Company, Purchasing Fund Sub-Adviser, directly calculated on a per Share basis for one, including a majority of the disinterested or indirectly, by the Purchasing five and ten year periods (or life of the directors or trustees, will adopt Management Company in an amount at Fund): (i) The cumulative total return procedures reasonably designed to least equal to any compensation and the average annual total return ensure that the Purchasing Fund received from a Fund by the Purchasing based on NAV and Bid/Ask Price, and Adviser and Purchasing Fund Sub- Fund Sub-Adviser, or an affiliated (ii) the cumulative total return of the Adviser are conducting the investment person of the Purchasing Fund Sub- relevant Underlying Index. program of the Purchasing Management Adviser, other than any advisory fees 5. Each Fund’s Prospectus will clearly Company without taking into account paid to the Purchasing Fund Sub- disclose that, for purposes of the Act, any consideration received by the Adviser or its affiliated person by the Shares are issued by the Fund, which is Purchasing Management Company or a Fund, in connection with any a registered investment company, and Purchasing Fund Affiliate from a Fund investment by the Purchasing that the acquisition of Shares by or a Fund Affiliate in connection with Management Company in a Fund made investment companies is subject to the any services or transactions. at the direction of the Purchasing Fund restrictions of section 12(d)(1) of the 10. No Purchasing Fund or Sub-Adviser. In the event that the Act, except as permitted by an Purchasing Fund Affiliate (except to the Purchasing Fund Sub-Adviser waives exemptive order that permits registered extent it is acting in its capacity as an fees, the benefit of the waiver will be investment companies to invest in a investment adviser to a Fund) will cause passed through to the Purchasing Fund beyond the limits in section a Fund to purchase a security in any Management Company. 12(d)(1), subject to certain terms and Affiliated Underwriting. 13. Any sales charges and/or service conditions, including that the registered 11. Before investing in the Shares of fees charged with respect to shares of a investment company enter into a a Fund in excess of the limits in section Purchasing Fund will not exceed the Purchasing Fund Agreement with the 12(d)(1)(A), each Purchasing Fund and limits applicable to a fund of funds as Fund regarding the terms of the the Fund will execute a Purchasing set forth in NASD Conduct Rule 2830. investment. Fund Agreement stating, without 14. Once an investment by a 6. The requested relief to permit ETF limitation, that their boards of directors Purchasing Fund in the Shares of a operations will expire on the effective or trustees and their investment advisers Fund exceeds the limit in section date of any Commission rule under the or Sponsors or Trustees, as applicable, 12(d)(1)(A)(i) of the Act, the board of Act that provides relief permitting the understand the terms and conditions of directors or trustees of a Fund operation of index-based exchange- the order, and agree to fulfill their (‘‘Board’’), including a majority of the traded funds. responsibilities under the order. At the directors or trustees that are not time of its investment in Shares of a ‘‘interested persons’’ within the Section 12(d)(1) Relief Fund in excess of the limit in section meaning of section 2(a)(19) of the Act 7. The members of a Purchasing 12(d)(1)(A)(i), a Purchasing Fund will (‘‘disinterested Board members’’), will Fund’s Advisory Group will not control notify such Fund of the investment. At determine that any consideration paid (individually or in the aggregate) a Fund such time, the Purchasing Fund will by the Fund to a Purchasing Fund or within the meaning of section 2(a)(9) of also transmit to the Fund a list of names Purchasing Fund Affiliate in connection the Act. The members of a Purchasing of each Purchasing Fund Affiliate and with any services or transactions: (a) Is Fund’s Sub-Advisory Group will not Underwriting Affiliate. The Purchasing fair and reasonable in relation to the control (individually or in the aggregate) Fund will notify the Fund of any nature and quality of the services and a Fund within the meaning of section changes to the list of names as soon as benefits received by the Fund; (b) is 2(a)(9) of the Act. If as a result of a reasonably practicable after a change within the range of consideration that decrease in the outstanding Shares of a occurs. The relevant Fund and the the Fund would be required to pay to Fund, a Purchasing Fund’s Advisory Purchasing Fund will maintain and another unaffiliated entity in connection Group or a Purchasing Fund’s Sub- preserve a copy of the order, the with the same services or transactions; Advisory Group, each in the aggregate, Purchasing Fund Agreement, and the and (c) does not involve overreaching becomes a holder of more than 25% of list with any updated information for on the part of any person concerned.

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This condition does not apply with 17. Before approving any advisory order to clarify the definition of an respect to any services or transactions contract under section 15 of the Act, the options class, to clarify that exercise between a Fund and its investment board of directors or trustees of each limit exemptions will apply to all adviser(s), or any person controlling, Purchasing Management Company, members, and to clarify how a member controlled by, or under common control including a majority of the disinterested may aggregate its long or short positions with such investment adviser(s). directors or trustees, will find that the for purposes of filing these limits with 15. The Board, including a majority of advisory fees charged under such the Exchange. The text of the proposed the disinterested Board members, will contract are based on services provided rule change is available on the adopt procedures reasonably designed that will be in addition to, rather than Exchange’s Web site, http:// to monitor any purchases of securities duplicative of, the services provided www.ise.com, at the Exchange’s Office by a Fund in an Affiliated Underwriting under the advisory contract(s) of any of the Secretary, and at the once an investment by the Purchasing Fund in which the Purchasing Commission’s Public Reference Room. Fund in the securities of the Fund Management Company may invest. II. Self-Regulatory Organization’s exceeds the limit of section These findings and their basis will be Statement of the Purpose of, and 12(d)(1)(A)(i) of the Act, including any recorded fully in the minute books of Statutory Basis for, the Proposed Rule purchases made directly from an the appropriate Purchasing Management Change Underwriting Affiliate. The Board will Company. review these purchases periodically, but 18. No Fund will acquire securities of In its filing with the Commission, the no less frequently than annually, to any investment company or companies self-regulatory organization included determine whether the purchases were relying on sections 3(c)(1) or 3(c)(7) of statements concerning the purpose of influenced by the investment by the the Act in excess of the limits contained and basis for the proposed rule change Purchasing Fund in a Fund. The Board in section 12(d)(1)(A) of the Act. and discussed any comments it received will consider, among other things: (a) For the Commission, by the Division of on the proposed rule change. The text Whether the purchases were consistent Investment Management, under delegated of these statements may be examined at with the investment objectives and authority. the places specified in Item IV below. policies of the Fund; (b) how the Florence E. Harmon, The self-regulatory organization has performance of securities purchased in Deputy Secretary. prepared summaries, set forth in sections A, B and C below. an Affiliated Underwriting compares to [FR Doc. E9–20065 Filed 8–20–09; 8:45 am] the performance of comparable BILLING CODE 8010–01–P A. Self-Regulatory Organization’s securities purchased during a Statement of the Purpose of, and comparable period of time in Statutory Basis for, the Proposed Rule underwritings other than Affiliated SECURITIES AND EXCHANGE Change Underwritings or to a benchmark such COMMISSION as a comparable market index; and (c) 1. Purpose whether the amount of securities [Release No. 34–60500; File No. SR–ISE– 2009–62] The purpose of the proposed rule purchased by a Fund in Affiliated change is to amend Rules 100(a)(6), Underwritings and the amount Self-Regulatory Organizations; 100(a)(12), 414, 415, and 504 to clarify purchased directly from an International Securities Exchange, the definition of an options class, to Underwriting Affiliate have changed LLC; Notice of Filing and Immediate clarify that exercise limit exemptions significantly from prior years. The Effectiveness of Proposed Rule will apply to all members, and to clarify Board will take any appropriate actions Change To Clarify Certain Exchange how a member may aggregate its long or based on its review, including, if Rules short positions for purposes of filing its appropriate, the institution of reports of these limits with the procedures designed to assure that August 13, 2009. Exchange. The proposed rule changes purchases of securities in Affiliated Pursuant to Section 19(b)(1) of the are similar to the rules of other SROs 3 Underwritings are in the best interest of Securities Exchange Act of 1934 and will provide consistency and shareholders of the Fund. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 clarity. The proposed rule makes no 16. Each Fund will maintain and notice is hereby given that on August 7, substantive changes to the rules. preserve permanently in an easily 2009, the International Securities The Exchange is seeking to amend the accessible place a written copy of the Exchange, LLC (the ‘‘Exchange’’ or the definition of options class in Rule procedures described in the preceding ‘‘ISE’’) filed with the Securities and 100(a)(6) to mean all options contracts condition, and any modifications to Exchange Commission (‘‘Commission’’) covering the same underlying security. such procedures, and will maintain and the proposed rule change, as described Currently, the definition defines an preserve for a period not less than six in Items I, II, and III below, which Items options class to be all contracts of the years from the end of the fiscal year in have been prepared by the Exchange. same type, which is either puts or calls which any purchase in an Affiliated The Commission is publishing this on the same underlying security. This Underwriting occurred, the first two notice to solicit comments on the change will make the definition years in an easily accessible place, a proposed rule change from interested consistent with the way the term is used written record of each purchase of persons. throughout the rest of the Exchange securities in Affiliated Underwritings, rules. Additionally, the Exchange is I. Self-Regulatory Organization’s once an investment by a Purchasing seeking to amend the definition of a Fund in the Shares of the Fund exceeds Statement of the Terms of Substance of covered short position in Rule the limit of section 12(d)(1)(A)(i) of the the Proposed Rule Change 100(a)(12) and to amend Rule 504 Act, setting forth from whom the The International Securities regarding series listings so that the securities were acquired, the identity of Exchange, LLC (the ‘‘Exchange’’ or the proposed change to the definition of the underwriting syndicate’s members, ‘‘ISE’’) to amend (sic) certain rules in options class in 100(a)(6) does not the terms of the purchase, and the information or materials upon which 1 15 U.S.C. 78s(b)(1). 3 See American Stock Exchange Rule 906; Nasdaq the Board’s determinations were made. 2 17 CFR 240.19b–4. OMX PHLX Rule 1003; FINRA Rule 2360(b)(5).

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change the substance of those (3) by its terms, does not become only one method. The Commission will provisions. operative for 30 days from the date on post all comments on the Commission’s Additionally, the Exchange is seeking which it was filed, or such shorter time Internet Web site (http://www.sec.gov/ to amend Rule 414(c) to clarify that the as the Commission may designate if rules/sro.shtml). Copies of the exercise limit exemptions will apply to consistent with the protection of submission, all subsequent any member that is granted an investors and the public interest, amendments, all written statements exemption to position limits under the provided that the Exchange has given with respect to the proposed rule rule. the Commission written notice of its change that are filed with the Lastly, the Exchange is seeking to intent to file the proposed rule change Commission, and all written amend Rule 415 to specify that when at least five business days prior to the communications relating to the calculating an aggregate long or short date of filing of the proposed rule proposed rule change between the position in options, members need to change or such shorter time as Commission and any person, other than combine (i) long positions in put designated by the Commission, the those that may be withheld from the options with short positions in call proposed rule change has become public in accordance with the options, and (ii) short positions in put effective pursuant to Section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be options with long positions in call of the Act 6 and Rule 19b–4(f)(6) 7 available for inspection and copying in options. thereunder. the Commission’s Public Reference The proposed rule change makes no 2. Statutory Basis Room, 100 F Street, NE., Washington, substantive changes to the rules. The DC 20549, on official business days The Exchange believes that the Exchange believes that this proposed between the hours of 10 a.m. and 3 p.m. proposal is consistent with the rule change does not raise any new, Copies of the filing also will be available requirements of Section 6(b) of the Act,4 unique or substantive issues. For the for inspection and copying at the in general, and furthers the objectives of foregoing reasons, this rule filing principal office of ISE. All comments Section 6(b)(5) of the Act,5 in particular, qualifies for immediate effectiveness as received will be posted without change; in that it is designed to prevent a ‘‘noncontroversial’’ rule change under the Commission does not edit personal fraudulent and manipulative acts and paragraph (f)(6) of Rule 19b–4. identifying information from practices, to promote just and equitable At any time within 60 days of the submissions. You should submit only principles of trade, and to protect filing of the proposed rule change, the information that you wish to make investors and the public interest in that Commission may summarily abrogate available publicly. All submissions it is designed to foster cooperation and such rule change if it appears to the should refer to File Number SR–ISE– coordination with persons engaged in Commission that such action is 2009–62 and should be submitted on or regulating, clearing, settling, processing necessary or appropriate in the public before September 11, 2009. information with respect to, and interest, for the protection of investors, facilitating transactions in securities, to For the Commission, by the Division of or otherwise in furtherance of the Trading and Markets, pursuant to delegated remove impediments to and perfect the purposes of the Act. authority.8 mechanism for a free and open market Florence E. Harmon, and a national market system, and, in IV. Solicitation of Comments general, to protect investors and the Interested persons are invited to Deputy Secretary. public interest. submit written data, views, and [FR Doc. E9–20061 Filed 8–20–09; 8:45 am] arguments concerning the foregoing, BILLING CODE 8010–01–P B. Self-Regulatory Organization’s including whether the proposed rule Statement on Burden on Competition change is consistent with the Act. The proposed rule change does not Comments may be submitted by any of SECURITIES AND EXCHANGE impose any burden on competition that the following methods: COMMISSION is not necessary or appropriate in Electronic Comments [Release No. 34–60503; File No. SR–BX– furtherance of the purposes of the Act. 2009–046] • Use the Commission’s Internet C. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Self-Regulatory Organizations; Boston Statement on Comments on the rules/sro.shtml); or Stock Exchange, Incorporated [sic]; Proposed Rule Change Received From • Send an e-mail to rule- Notice of Filing of Proposed Rule Members, Participants or Others [email protected]. Please include File Change To Further Extend the The Exchange has not solicited, and Number SR–ISE–2009–62 on the subject Temporary Cap on Certain Fees for does not intend to solicit, comments on line. Members this proposed rule change. The Paper Comments Exchange has not received any written August 14, 2009. • comments from members or other Send paper comments in triplicate Pursuant to Section 19(b)(1) of the interested parties. to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 Securities and Exchange Commission, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 III. Date of Effectiveness of the 100 F Street, NE., Washington, DC notice is hereby given that on August 3, Proposed Rule Change and Timing for 20549–1090. 2009, NASDAQ OMX BX, Inc. (‘‘BX’’) Commission Action All submissions should refer to File filed with the Securities and Exchange Because the foregoing rule change: (1) Number SR–ISE–2009–62. This file Commission (‘‘Commission’’) the Does not significantly affect the number should be included on the proposed rule change as described in protection of investors or the public subject line if e-mail is used. To help the Items I, II, and III below, which Items interest; (2) does not impose any Commission process and review your have been prepared by the Exchange. significant burden on competition; and comments more efficiently, please use 8 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78f(b). 6 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4.

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The Commission is publishing this immediately effective rule changes to August would be 76.19% of the fee notice to solicit comments on the eliminate fees for a member firm’s otherwise assessable, reflecting that the proposed rule from interested persons. OUCH ports in excess of 15 for the functionality would be available for 16 months of May, June, and July 2009. In out of the 21 trading days during the I. Self-Regulatory Organization’s those filings, BX noted member firms month. Statement of the Terms of Substance of had complained that, because BX does 2. Statutory Basis the Proposed Rule Change not have an anti-internalization BX proposes to extend the temporary capability, they must purchase BX believes that the proposed rule cap on fees charged for OUCH ports to additional OUCH ports that they would change is consistent with the provisions the Equities Market due to otherwise not need to purchase solely to of Section 6 of the Act,5 in general, and unanticipated delays in developing and avoid unwanted execution against their with Section 6(b)(4) of the Act,6 in implementing an anti-internalization customer orders. Internalization occurs particular, in that it provides for the function. The text of the proposed rule when a member firm’s customer order is equitable allocation of reasonable dues, change is below. Proposed new posted on the market and executed all fees and other charges among members language is italicized. or in part by the same member firm. and issuers and other persons using any * * * * * Member firms must avoid facility or system which BX operates or internalization of certain customer controls. The proposed fee change 7015. Access Services orders to avoid violating rules and applies uniformly to all BX members. The following charges are assessed by the regulations of the Employee Retirement BX has determined that temporarily Exchange for ports to establish connectivity Income Security Act that preclude and/ instituting a cap on fees for OUCH ports to the NASDAQ OMX BX Equities Market, as or limit managing broker-dealers of such in excess of 15 will provide relief to well as ports to receive data from the customer accounts from trading as member firms required to purchase NASDAQ OMX BX Equities Market: principal with orders generated for additional ports solely due to BX’s lack • $400 per month for each port pair, other of an anti-internalization function. ® those accounts. Currently, some member than Multicast ITCH data feed pairs, for firms are only able to avoid which the fee is $1000 per month. Additional B. Self-Regulatory Organization’s OUCH port pairs beyond 15 are at no cost for internalization by purchasing additional Statement on Burden on Competition the months of May, June and July 2009. For OUCH ports through which they place all order flow that must not be The Exchange does not believe that August 2009, OUCH port pairs beyond 15 the proposed rule change will result in will be assessed a pro rata charge on the internalized. Such additional ports have basis of the number of trading days during discrete MPID numbers, which allow any burden on competition that is not the month during which the anti- these member firms to identify the necessary or appropriate in furtherance internalization functionality introduced by orders and avoid internalization. of the purposes of the Act, as amended. Equity Rule 4757(a)(3) is available to market BX determined to limit the number of C. Self-Regulatory Organization’s participants. OUCH port pairs that a member is Statement on Comments on the • Internet Ports: An additional $200 per charged monthly to 15 for the months of Proposed Rule Change Received From month for each Internet port that requires May, June, and July 2009, so that those additional bandwidth. Members, Participants, or Others firms affected by BX’s lack of an anti- * * * * * internalization function were provided Written comments were neither solicited nor received. II. Self-Regulatory Organization’s relief until BX could implement such a Statement of the Purpose of, and function. BX noted in its rule change III. Date of Effectiveness of the Statutory Basis for, the Proposed Rule that it would either seek to remove the Proposed Rule Change and Timing for Change cap language from the rule upon its Commission Action expiration or alternatively would seek to In its filing with the Commission, BX The foregoing rule change has become extend the cap until such time the anti- effective pursuant to Section included statements concerning the internalization function could be purpose of, and basis for, the proposed 19(b)(3)(A)(ii) of the Act 7 and implemented. BX has now adopted subparagraph (f)(2) of Rule 19b–4 rule change and discussed any Equity Rule 4757(a)(3),4 through which comments it received on the proposed thereunder.8 At any time within 60 days BX will provide anti-internalization of the filing of the proposed rule change, rule change. The text of these statements functionality, and expects to implement may be examined at the places specified the Commission may summarily that functionality on or about August abrogate such rule change if it appears in Item IV below. BX has prepared 10, 2009. As such, BX is proposing to summaries, set forth in Sections A, B, to the Commission that such action is further extend the temporary necessary or appropriate in the public and C below, of the most significant modification of its OUCH port pair aspects of such statements. interest, for the protection of investors, pricing into August 2009, assessing a or otherwise in furtherance of the A. Self-Regulatory Organization’s pro rata charge on the basis of the purposes of the Act. Statement of the Purpose of, and number of trading days during the Statutory Basis for, the Proposed Rule month during which the anti- IV. Solicitation of Comments Change internalization functionality introduced Interested persons are invited to by Equity Rule 4757(a)(3) is available to submit written data, views and 1. Purpose market participants. BX will then seek arguments concerning the foregoing, BX is proposing to extend the to remove the cap language from the including whether the proposed rule temporary modification to its pricing for rule. Thus, if the functionality is change is consistent with the Act. OUCH ports, which provide introduced on August 10, the fee for Comments may be submitted by any of connectivity to the NASDAQ OMX BX the following methods: Equities Market. In SR–BX–2009–023 2009–023); Securities Exchange Act Release No. 60257 (July 7, 2009), 74 FR 34060 (July 14, 2009) 3 5 and SR–BX–2009–036, BX filed (SR–BX–2009–036). 15 U.S.C. 78f. 6 4 Securities Exchange Act Release No. 60383 (July 15 U.S.C. 78f(b)(4). 3 Securities Exchange Act Release No. 59894 (May 24, 2009), 74 FR 38065 (July 30, 2009) (SR–BX– 7 15 U.S.C. 78s(b)(3)(a)(ii). 8, 2009), 74 FR 23000 (May 15, 2009) (SR–BX– 2009–042). 8 17 CFR 240.19b–4(f)(2).

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Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s Internet Statutory Basis for, the Proposed Rule comment form http://www.sec.gov/ Change rules.sro.shtml); or [Release No. 34–60501; File No. SR–NYSE– 2009–80] 1. Purpose • Send an e-mail to rule- [email protected]. Please include File Self-Regulatory Organizations; New Section 102.01B of the Manual requires that a company listing at the Number SR–BX–2009–046 on the York Stock Exchange LLC; Notice of time of its IPO or as a result of a spin- subject line. Filing and Immediate Effectiveness of off or under the Affiliated Company Proposed Rule Change to Amend its Paper Comments standard of Section 102.01C(iii) must Public Float Requirement for Initial demonstrate an aggregate market value • Send paper comments in triplicate Public Offerings of publicly-held shares (‘‘public float’’) to Elizabeth M. Murphy, Secretary, August 13, 2009. of $60 million at the time of listing. The Securities and Exchange Commission, Exchange proposes to reduce this 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) 1 of the requirement from $60 million to $40 20549–1090. Securities Exchange Act of 1934 (the million. A reduction in the public float ‘‘Exchange Act’’) 2 and Rule 19b–4 requirement to $40 million for All submissions should refer to File thereunder,3 notice is hereby given that companies that are new to the public Number SR–BX–2009–046. This file on August 5, 2009, New York Stock markets will enable companies to list number should be included on the Exchange LLC (the ‘‘NYSE’’ or the that would not meet the current $60 subject line if e-mail is used. To help the ‘‘Exchange’’) filed with the Securities million public float requirement but that Commission process and review your and Exchange Commission otherwise qualify to list. The proposed comments more efficiently, please use (‘‘Commission’’) the proposed rule lowering of the public float requirement only one method. The Commission will change as described in Items I, II and III would be applicable to real estate post all comments on the Commission’s below, which Items have been prepared investment trusts listed under Section Internet Web site http://www.sec.gov/ by the Exchange. The Commission is 102.05, but not closed-end funds listed rules/sro.shtml. Copies of the publishing this notice to solicit under Section 102.04 (which will continue to be subject to a $60 million submission, all subsequent comments on the proposed rule change public float requirement) or special amendments, all written statements from interested persons. with respect to the proposed rule purpose acquisition companies change that are filed with the I. Self-Regulatory Organization’s (‘‘SPACs’’) listed under Section 102.06 Commission, and all written Statement of the Terms of Substance of (which are subject to a $200 million communications relating to the the Proposed Rule Change public float requirement). As closed-end proposed rule change between the funds and SPACs are subject to their Commission and any person, other than The Exchange proposes to amend its own separate listing standards and have those that may be withheld from the market value of publicly-held shares characteristics that make them public in accordance with the requirement for initial public offerings significantly different from operating provisions of 5 U.S.C. 552, will be (‘‘IPOs’’), spin-offs and companies listed companies, the Exchange does not believe that it is unfairly discriminatory available for inspection and copying in under the Exchange’s Affiliated to apply different public float the Commission’s Public Reference Company standard. The text of the requirements to them than are Room, on business days between the proposed rule change is available at the Exchange, the Commission’s Public applicable to operating companies. hours of 10 a.m. and 3 p.m., located at The Exchange believes that the 100 F Street, NE., Washington, DC Reference Room, and http:// www.nyse.com. proposed rule change is consistent with 20549. Copies of such filing also will be the protection of investors and the available for inspection and copying at II. Self-Regulatory Organization’s public interest and does not raise any the principal office of the Exchange. All Statement of the Purpose of, and novel regulatory issues. The Exchange comments received will be posted Statutory Basis for, the Proposed Rule notes that the proposed $40 million without change; the Commission does Change public float requirement is higher than not edit personal identifying the public float requirements under the information from submissions. You In its filing with the Commission, the various Nasdaq Global Market initial should submit only information that self-regulatory organization included listing standards, which range from $8 you wish to make available publicly. All statements concerning the purpose of million to $20 million. submissions should refer to File and basis for the proposed rule change The Exchange believes that the Number SR–BX–2009–046 and should and discussed any comments it received proposed amendment does not affect the be submitted on or before September 11, on the proposed rule change. The text status of NYSE listed securities under 2009. of these statements may be examined at Securities Exchange Act Rule 3a51–1(a) the places specified in Item IV below. (the ‘‘Penny Stock Rule’’),4 as the For the Commission, by the Division of The NYSE has prepared summaries, set amended standards satisfy the Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of requirements of Exchange Act Rule authority.9 the most significant aspects of such 3a51–1(a)(2).5 Florence E. Harmon, statements. All of the NYSE’s equity listing Deputy Secretary. standards meet the stock price and [FR Doc. E9–20063 Filed 8–20–09; 8:45 am] distribution requirements of Rule 3a51– BILLING CODE 8010–01–P 1(a)(2), as all of the standards require 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 4 17 CFR 240.a51–1(a). 9 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. 5 17 CFR 240.a51–1(a)(2).

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companies to have a minimum stock million market value of listed securities (iii) does not become operative for 30 price of $4.00 and at least 1.1 million requirement of Rule 3a51–1(a)(2). days after the date of the filing, or such publicly-held shares at the time of shorter time as the Commission may 2. Statutory Basis initial listing. Companies are generally designate if consistent with the required to have 400 round lot holders The Exchange believes that the protection of investors and the public at the time of listing, except that proposed rule change is consistent with interest, provided that the self- companies listing in connection with a Section 6(b) 6 of the Securities Exchange regulatory organization has given the transfer or quotation listing may list on Act of 1934 (the ‘‘Act’’),7 in general, and Commission written notice of its intent the basis of (a) 2,200 total stockholders furthers the objectives of Section 6(b)(5) to file the proposed rule change at least plus an average monthly trading volume of the Act,8 in particular in that it is five business days prior to the date of of 100,000 shares (for the most recent designed to promote just and equitable filing of the proposed rule change or six months) or (b) 500 total stockholders principles of trade, to foster cooperation such shorter time as designated by the plus an average monthly trading volume and coordination with persons engaged Commission, the proposed rule change of one million shares (for the most in regulating, clearing, settling, has become effective pursuant to recent 12 months). processing information with respect to, Section 19(b)(3)(A) of the Act 9 and Rule 10 The Exchange believes that, in and facilitating transactions in 19b–4(f)(6) thereunder. The addition to meeting the stock price and securities, to remove impediments to Exchange’s initial listing standards for distribution requirements of Rule 3a51– and perfect the mechanism of a free and equity listings after adoption of the 1(a)(2), all of the Exchange’s equity open market and a national market proposed amendment will continue to listing standards meet or exceed the system, and, in general, to protect be as stringent as, or more stringent other applicable requirements of that investors and the public interest, and is than, those of other national securities rule. The three-year earnings not designed to permit unfair exchanges. Consequently, the Exchange requirement of the Earnings Test discrimination between customers, believes the proposed rule change does exceeds the net income prong of Rule issuers, brokers, or dealers. The not raise any novel regulatory issues or 3a51–1(a)(2)(i)(A)(3) and the operating Exchange believes that the proposed significantly affect the protection of history prong of Rule 3a51–1(a)(2)(i)(B). amendment is consistent with the investors or the public interest. At any time within 60 days of the The $50 million stockholders’ equity investor protection objectives of the Act filing of such proposed rule change, the requirement of the Assets and Equity in that the proposed public float Commission may summarily abrogate Test exceeds the $5 million in requirement is set at a high enough level that only companies that are suitable for such rule change if it appears to the stockholders’ equity required by Rule Commission that such action is 3a51–1(a)(2)(i)(A)(1) and its $150 listing on the Exchange will qualify to list. As closed-end funds and SPACs are necessary or appropriate in the public million global market capitalization interest, for the protection of investors, requirement exceeds the $50 million subject to their own separate listing standards and have characteristics that or otherwise in furtherance of the required by the market value of listed purposes of the Exchange Act. securities prong of Rule 3a51– make them significantly different from 1(a)(2)(i)(B). The Exchange’s Valuation/ operating companies, the Exchange does IV. Solicitation of Comments Revenue Test, Pure Valuation/Revenue not believe that it is unfairly discriminatory to apply different public Interested persons are invited to Test, Affiliated Company Test and submit written data, views, and Assets and Equity Test require a global float requirements to them than are applicable to operating companies. arguments concerning the foregoing, market capitalization of $500 million, including whether the proposed rule $750 million, $500 million and $150 B. Self-Regulatory Organization’s change is consistent with the Act. million, respectively. The Exchange Statement on Burden on Competition Comments may be submitted by any of notes that Rule 3a51–1(a)(2)(i)(A)(2) The Exchange does not believe that the following methods: requires a market value of listed the proposed rule change will impose securities of $50 million calculated over Electronic Comments any burden on competition that is not a 90 consecutive day period, while the • Use the Commission’s Internet necessary or appropriate in furtherance global market capitalization comment form (http://www.sec.gov/ of the purposes of the Exchange Act. requirements of the Valuation/Revenue rules/sro.shtml ); or Test, Pure Valuation/Revenue Test, C. Self-Regulatory Organization’s • Send an e-mail to rule- Affiliated Company Test and Assets and Statement on Comments on the [email protected]. Please include File Equity Test are measured at a single Proposed Rule Change Received From Number SR–NYSE–2009–80 on the point in time. However, the $50 million Members, Participants, or Others subject line. in market value of listed securities The Exchange has neither solicited Paper Comments requirement of Rule 3a51– nor received written comments on the • Send paper comments in triplicate 1(a)(2)(i)(A)(2) is far lower than the proposed rule change. global market capitalization to Elizabeth M. Murphy, Secretary, requirements of the Exchange’s III. Date of Effectiveness of the Securities and Exchange Commission, Valuation/Revenue Test, the Pure Proposed Rule Change and Timing for 100 F Street, NE., Washington, DC Valuation/Revenue Test, the Affiliated Commission Action 20549–1090. Company Test and the Assets and Because the proposed rule change: (i) Equity test. Consequently, the Exchange 9 15 U.S.C. 78s(b)(3)(A). Does not significantly affect the 10 17 CFR 240.19b–4(f)(6). In addition, the believes that the global market protection of investors or the public Commission notes that Rule 19b–4(f)(6)(iii) requires capitalization requirements of the interest; (ii) does not impose any a self-regulatory organization to give the Valuation/Revenue Test, the Pure significant burden on competition; and Commission written notice of its intent to file the Valuation/Revenue Test, the Affiliated proposed rule change at least five business days prior to the date of filing of the proposed rule Company Test and the Assets and 6 15 U.S.C. 78f(b). change, or such shorter time as designated by the Equity Test are comparable to, and 7 15 U.S.C. 78a. Commission. The Exchange has satisfied this arguably more stringent than, the $50 8 15 U.S.C. 78f(b)(5). requirement.

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All submissions should refer to File (‘‘CBOE’’ or the ‘‘Exchange) filed with addition to requiring disclosure of Number SR–NYSE–2009–80. This file the Securities and Exchange orders and clarifying the priority number should be included on the Commission (‘‘Commission’’), pursuant principles applicable to solicited subject line if e-mail is used. To help the to Section 19(b)(1) of the Securities transactions, CBOE Rule 6.9 provides Commission process and review your Exchange Act of 1934 (‘‘Act’’)1 and Rule that it is inconsistent with just and comments more efficiently, please use 19b–4 thereunder,2 a proposed rule equitable principles of trade for any only one method. The Commission will change to allow hedging stock, security member or associated person who has post all comments on the Commission’s futures, or futures contract positions to knowledge of all the material terms of Internet Web site (http://www.sec.gov/ be represented currently with option an original order and a solicited order rules/sro.shtml). Copies of the facilitations or solicitations in the (including a facilitation order) that submission, all subsequent trading crowd (‘‘tied hedge’’ orders). matches the original order’s price to amendments, all written statements The proposed rule change was enter an order to buy or sell an option with respect to the proposed rule published for comment in the Federal of the same class as any option that is change that are filed with the Register on March 2, 2009.3 The the subject of the solicitation prior to Commission, and all written Commission received one comment the time the original order’s terms are communications relating to the letter on the proposal.4 CBOE responded disclosed to the crowd or the execution proposed rule change between the to the comment letter on August 11, of the solicited transaction can no Commission and any person, other than 2009.5 CBOE filed Amendment No. 1 to longer reasonably be considered those that may be withheld from the the proposed rule change on August 11, imminent. This prohibition extends to public in accordance with the 2009. This notice and order provides orders to buy or sell the underlying provisions of 5 U.S.C. 552, will be notice of filing of Amendment No. 1 to security or any ‘‘related instrument.’’7 available for inspection and copying in the proposed rule change, and grants B. Proposed Exception to Anticipatory the Commission’s Public Reference accelerated approval to the proposed Hedging Rule Room, 100 F Street, NE., Washington, rule change, as modified by Amendment DC 20549, on official business days No. 1. In order to address CBOE’s perceived between the hours of 10 a.m. and 3 p.m. concerns associated with increased II. Description of the Proposal Copies of such filing also will be volatility and decreased liquidity and to available for inspection and copying at CBOE Rule 6.74 generally sets forth more effectively compete with the over- the principal office of the Exchange. All the procedures by which a floor broker the-counter market,8 the Exchange is comments received will be posted may cross an order with a contra-side now proposing to adopt a limited without change; the Commission does order. Transactions executed pursuant exception to its anticipatory hedging not edit personal identifying to Rule 6.74 are subject to the restrictions that would permit the information from submissions. You restrictions of paragraph (e) of Rule 6.9, representation of hedging stock should submit only information that Solicited Transactions, which prohibits positions in conjunction with option you wish to make available publicly. All trading based on knowledge of orders, including complex orders, in the submissions should refer to File imminent undisclosed solicited options trading crowd (a ‘‘tied hedge’’ Number SR–NYSE–2009–80 and should transactions (commonly referred to as transaction). The Exchange believes this be submitted on or before September 11, ‘‘anticipatory hedging’’). limited exception would be consistent 2009. with the original design of CBOE Rule A. Anticipatory Hedging Rule 6.9(e), but would set forth a more For the Commission, by the Division of CBOE Rule 6.9, adopted in 1994, was Trading and Markets, pursuant to delegated practicable approach that would authority.11 originally designed to preserve the right facilitate hedging in today’s trading Florence E. Harmon, to solicit orders in advance of environment while still encouraging submitting a proposed trade to the Deputy Secretary. meaningful competition among upstairs crowd, while at the same time assuring and floor traders.9 [FR Doc. E9–20130 Filed 8–20–09; 8:45 am] that orders that are the subject of a With a tied hedge transaction, BILLING CODE 8010–01–P solicitation are exposed to the auction Exchange members would be permitted market in a meaningful way.6 In to first hedge an option and then forward the option order and the SECURITIES AND EXCHANGE 1 15 U.S.C. 78s(b)(1). hedging position to an Exchange floor COMMISSION 2 17 CFR 240.19b–4. broker with instructions to represent the [Release No. 34–60499; File No. SR–CBOE– 3 See Securities Exchange Act Release No. 59435 option order together with the hedging 2009–007] (February 23, 2009), 74 FR 9115 (‘‘Notice’’). position to the options trading crowd. 4 See Letter from Michael J. Simon, Secretary, Under the proposal, the original option Self-Regulatory Organizations; International Securities Exchange, LLC (‘‘ISE’’), to Nancy M. Morris, Secretary, Commission dated order must be within designated size Chicago Board Options Exchange, March 25, 2009 (‘‘ISE Letter’’). parameters, which would be determined Incorporated; Notice of Filing of 5 See Letter from Jennifer M. Lamie, Assistant by the Exchange and could not be Amendment No. 1 and Order Granting General Counsel, CBOE, to Elizabeth M. Murphy, smaller than 500 contracts. In addition, Accelerated Approval to a Proposed Secretary, Commission dated August 11, 2009 the original option order must be in a Rule Change, as Modified by (‘‘CBOE Letter’’). 6 According to the Exchange, if the orders that Amendment No. 1 Thereto, Relating to comprise a solicited transaction are not suitably 7 CBOE Rule 6.9(e) defines ‘‘related instrument’’ Tied Hedge Transactions exposed to the order interaction process on the to mean ‘‘in reference to an index option, an order CBOE floor, the execution of such orders would not to buy or sell securities comprising ten percent or August 13, 2009. be consistent with CBOE rules designed to promote more of the component securities in the index or order interaction in an open-outcry auction. For an order to buy or sell a futures contract on any I. Introduction example, CBOE Rule 6.43, Manner of Bidding and economically equivalent index. With respect to an On February 13, 2009, the Chicago Offering, requires bids and offers to be made at the SPX option, an OEX option is a related instrument, post by public outcry, and Rule 6.74 imposes and vice versa.’’ Board Options Exchange, Incorporated specific order exposure requirements on floor 8 See Notice, supra note 3, at 9116 (discussing brokers seeking to cross buy orders with sell orders. CBOE’s rationale behind its proposal). 11 17 CFR 200.30–3(a)(12). See Notice, supra note 3, at 9116. 9 See id. at 9120.

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class designated as eligible for a tied in a form and manner prescribed by the to the Commission responding to ISE’s hedge transaction. Eligible hedging Exchange. comment letter.15 positions would be determined by the C. Amendment No. 1 ISE argued that the proposed tied Exchange for each eligible class and hedge transaction was similar to front- may include (i) the same underlying In Amendment No. 1, the Exchange running and may disadvantage the stock applicable to the option order, (ii) reflected in rule text the priority trading crowd competing for the order a security future overlying the same treatment applicable to all tied hedge in the auction process as well as the stock applicable to the option order, or transactions (regardless of whether the order being executed.16 ISE believed original order is a simple order or a (iii) in reference to an option on an that CBOE’s proposal would allow a complex order) by clarifying that such index, exchange-traded fund (‘‘ETF’’), or member with knowledge of a pending transactions will be treated the same as options on HOLding Company transaction to have an advantage over complex orders for purposes of CBOE’s Depository ReceiptS (‘‘HOLDRS’’), a others in the auction market process, open outcry allocation and reporting related instrument may be used as a which could result in less competition procedures.12 CBOE also clarified that hedge. A ‘‘related instrument’’ would and worse prices for customers.17 where an original order is a simple mean, in reference to an index option, In response, CBOE explained that it securities comprising ten percent or order, the initial execution of the option leg will not qualify for the ‘‘complex did not believe a firm that establishes a more of the component securities in the hedge position pursuant to the proposal index or a futures contract on any trade’’ exception from the Plan for the Purpose of Creating and Operating an would be taking advantage of material, economically equivalent index nonpublic information as contemplated applicable to the option order. With Intermarket Option Linkage (‘‘Options 13 by the front-running prohibitions.18 respect to SPX, OEX would be an Linkage Plan’’). The text of Amendment No. 1 is available on the Rather, CBOE noted that its proposal economically equivalent index, and vice provides the options trading crowd with versa.10 A ‘‘related instrument’’ would Exchange’s Web site (http:// www.cboe.org/Legal), at the Exchange’s the same access to a hedge as the mean, in reference to an ETF or solicited party, thereby allowing the HOLDRS option, a futures contract on Office of the Secretary, and at the Commission’s Public Reference Room. crowd to compete on the same terms, any economically equivalent index because the tied hedge position would applicable to the ETF or HOLDRS 11 be required to be brought without undue underlying the option order. III. Summary of Comments and CBOE delay to the trading crowd and The proposal would require that the Response announced concurrently with the option entire hedging position, which could The Commission received one order, offered to the crowd in its not exceed the options order on a delta comment on the proposed rule change entirety, and offered at the execution basis, be brought without undue delay from the ISE.14 CBOE submitted a letter price received by the member to any in- to the trading crowd, announced to the crowd market participant who trading crowd concurrently with the 12 The Commission notes that, while a tied hedge establishes parity or priority for the option order, offered to the crowd in its may be treated the same as a complex order for 19 purposes of CBOE’s intra-market priority, an related option order. The Exchange entirety, and offered at the execution original single-sided customer order would not asserted its belief that the tied hedge price received by the member or otherwise constitute a complex order solely by proposal may result in narrow spreads member organization introducing the virtue of being packaged into a tied hedge and improved customer prices.20 order to any in-crowd market transaction. Accordingly, when a single-sided customer order is packaged into a tied hedge In addition, ISE expressed concern participant who has established parity transaction, the execution of the option leg will not that the proposed hedging activity may or priority for the related options. qualify for the ‘‘complex trade’’ exception from the cause movement in the price of the In-crowd market participants that Options Linkage Plan. 13 On July 28, 2000, the Commission approved the underlying security and consequently participate in the option transaction Options Linkage Plan as a national market system the option, resulting in a worse price for must participate in the hedging position plan for the purpose of creating and operating an the options customer.21 In response, on a proportionate basis and would not intermarket options market linkage proposed by the CBOE explained that its proposal American Stock Exchange LLC (n/k/a NYSE Amex be permitted to prevent the option LLC), CBOE, and International Securities Exchange, attempts to address this concern by transaction from occurring by giving a LLC (‘‘ISE’’). See Securities Exchange Act Release providing a mechanism to facilitate competing bid or offer for one No. 43086 (July 28, 2000), 65 FR 48023 (August 4, hedging that it believes will not be component of the tied hedge order. 2000) (File No. 4–429). Subsequently, Philadelphia Stock Exchange, Inc. (n/k/a NASDAQ OMX PHLX, detrimental to the options orders being In addition, the proposal would Inc.), Pacific Exchange, Inc. (n/k/a NYSE Arca), hedged nor the auction market.22 CBOE require that, prior to entering tied hedge Boston Stock Exchange, Inc. (n/k/a NASDAQ OMX noted that participants will continue to orders on behalf of customers, the BX, Inc.), and The NASDAQ Stock Market LLC be governed by, among other things, joined the Options Linkage Plan. See Securities member must deliver to the customer a Exchange Act Release Nos. 43573 (November 16, their best execution responsibilities. one-time written notification informing 2000), 65 FR 70851 (November 28, 2000) (File No. ISE further opined that CBOE’s the customer that its order may be 4–429); 43574 (November 16, 2000), 65 FR 70850 proposal, because it does not permit the executed using the Exchange’s tied (November 28, 2000) (File No. 4–429); 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004) trading crowd to execute the options hedge procedures. A member also (File No. 4–429); and 57545 (March 21, 2008), 73 order without taking a proportionate would be required to create an FR 16394 (March 27, 2008) (File No. 4–429). The share of the hedge, could increase electronic record of the tied hedge order Commission recently approved a new national market system plan regarding intermarket options internalization and lead to less vigorous linkage, the Options Order Protection and Locked/ 10 The proposed definition of a ‘‘related Crossed Market Plan, which carries over the 15 See CBOE Letter, supra note 5. instrument’’ with respect to an index option is complex order exception from the Options Linkage 16 See ISE Letter, supra note 4, at 1. modeled after the definition that currently applies Plan. See Securities Exchange Act Release No. 17 See id. at 1. under Rule 6.9(e). 60405 (July 30, 2009), 74 FR 39362 (August 6, 2008) 18 See CBOE Letter, supra note 5, at 2–3. 11 For example, a tied hedge order involving (File No. 4–546). See also Securities Exchange Act 19 options on the iShares Russell 2000 Index ETF Release No. 60187 (June 29, 2009), 74 FR 32664 See id. at 3. might involve a hedge position in the underlying (July 8, 2009) (SR–CBOE–2009–040) (notice of filing 20 See id. at note 5. ETF, security futures overlying the ETF, or futures of CBOE’s new Options Linkage rules). 21 See ISE Letter, supra note 4, at 1–2. contracts overlying the Russell 2000 Index. 14 See ISE Letter, supra note 4. 22 See CBOE Letter, supra note 5, at 3.

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competition for price improvement.23 the uniform linkage rules. ISE also the non-CBOE markets may prevent the ISE believed that requiring the crowd to commented that tied hedge transactions execution of the non-options leg(s) at take the hedge at the same price will in which the original customer order is the price(s) agreed upon and in such prevent the crowd from giving the a non-complex order for a single options case the options leg(s) of the tied hedge options customer the best price for its series that it would not qualify for the transaction, as with any other complex options transaction. In response, CBOE qualified contingent trade exception to order, may ultimately be cancelled in stated that the requirement to Rule 611(a) of Regulation NMS. ISE also accordance with CBOE’s existing participate in the entire package is opined that the exception for complex rules.37 CBOE further explained that in designed to keep the initiating member orders and exemption for qualified scenarios where the hedge would result and in-crowd market participants on contingent trades require that the trades in a net sub-penny price, the hedge equal footing.24 CBOE further argued involve multiple legs for the same would be executed with orders at that, since the trading crowd will have account, whereas a tied hedge would multiple price points necessary to access to the same downside protection likely include components for multiple receive the same overall net price in as the solicited party that executed the accounts of unrelated parties. much the same manner that the original hedge position, the crowd should be CBOE responded by noting that an in- stock hedge was obtained.38 willing to provide price improvement to crowd participant would be trading all IV. Discussion the tied hedge order just as much as, if legs of a tied hedge package like any not more than, any other facilitation/ other complex order, and, accordingly, After careful review of the proposed solicited order.25 it believes that contra-side executions rule change, as amended, the comment ISE also inquired whether CBOE’s would qualify as complex trades.31 letter, and CBOE’s response to the proposal would prohibit a firm from Further, in Amendment No. 1, CBOE comment letter, the Commission finds taking securities from inventory.26 clarified that where an original order is that the proposed rule change is CBOE clarified that the tied hedge a simple order, the execution of the consistent with the requirements of the procedure would not permit a firm to option leg will not qualify for the Act and the rules and regulations ‘‘complex trade’’ exception from the thereunder applicable to a national take hedging securities from inventory 39 and stated that, in contrast, the proposal Options Linkage Plan. securities exchange. In particular, the Further, ISE stated its belief that a tied proposal is consistent with Section explicitly requires that the hedge 40 position be bought or sold following the hedge differs from a complex order in 6(b)(5) of the Act, which requires, receipt of an option order and prior to that a stock-option order requires the among other things, that the rules of a announcing such order in the trading stock leg to be on the opposite side of national securities exchange be crowd.27 the options leg, whereas under CBOE’s designed to promote just and equitable ISE noted the possibility under proposal the stock leg in the tied hedge principles of trade, to remove CBOE’s proposal that a customer order transaction would be on the same side impediments to and perfect the would not be executable because of of the market as the options leg.32 mechanism of a free and open market market conditions in any of the non- CBOE’s response confirmed that under and a national market system and, in CBOE markets in the underlying.28 In the proposal the stock leg of the tied general, to protect investors and the response, CBOE noted that it recognized hedge package would be on the opposite public interest, and not be designed to that market conditions in any of the side from the option leg.33 permit unfair discrimination between non-CBOE market(s) may prevent the ISE also argued that CBOE should customers, issuers, brokers, or dealers. execution of the non-options leg(s) at explore further the mechanics of how Further, the Commission believes that the price(s) agreed upon. CBOE stated tied hedge transactions would be CBOE has sufficiently responded to the that in the event that the conditions in executed on CBOE.34 In particular, ISE issues raised by the ISE in its comment the non-CBOE market continue to inquired as to whether and how letter. In the Notice, CBOE justified its prevent the execution of the non-option participants would execute the hedge in proposal by explaining that changes in leg(s) at the agreed price(s), the trade sub-penny increments. ISE also asked the marketplace have caused it to re- representing the options leg(s) of the whether CBOE intended to impose any evaluate the effectiveness and efficiency tied hedge transaction, as with any other limit on who is permitted to participate 35 of its anticipatory hedging rule, as well complex order, may ultimately be in the auction for the order. as its previous objections to an cancelled in accordance with CBOE’s CBOE responded that, as discussed in exception proposed by another existing rules.29 the Notice, tied hedge transactions exchange for its proposed equivalent In addition, ISE expressed concern would be treated the same as any other rule in 2003.41 When the prohibition on regarding the treatment of CBOE’s tied- complex order with priority afforded in hedge transactions under the trade- accordance with the Exchange’s existing open outcry allocation and reporting 37 See id. through protections contained in the 38 procedures for complex orders.36 In See id. Options Linkage Plan as well as the 39 In approving this rule change, the Commission contingent trade exemption under addition, CBOE stated that tied hedge notes that it has considered the proposed rule’s Regulation NMS.30 ISE noted that tied- transactions would also be subject to the impact on efficiency, competition, and capital hedge transactions are not, by default, existing national best bid or offer formation. See 15 U.S.C. 78c(f). 40 15 U.S.C. 78f(b)(5). complex orders unless they meet the (‘‘NBBO’’) trade-through requirements for options and stock, as applicable. 41 CBOE’s proposed exception is similar to an definition of a ‘‘complex trade’’ under exception that had been proposed in 2003 by the CBOE noted that it discussed in the Philadelphia Stock Exchange (‘‘Phlx’’). See 23 See ISE Letter, supra note 4, at 2. Notice that market conditions in any of Securities Exchange Act Release No. 48875 24 See CBOE Letter, supra note 5, at 3. (December 4, 2003), 68 FR 70072 (December 16, 25 See id. 31 See CBOE Letter, supra note 5, at 4. 2003) (SR–Phlx-2003–75). At the time of the Phlx proposal, which was withdrawn, CBOE commented 26 ISE Letter, supra note 4, at 2. 32 See ISE Letter, supra note 4, at 3. that the proposal should not be approved unless 27 33 See CBOE Letter, supra note 5, at 3. See CBOE Letter, supra note 5, at 5. certain amendments were made. For example, 28 See ISE Letter, supra note 4, at 2. 34 See ISE Letter, supra note 4, at 3. CBOE suggested that the tied hedge procedures 29 See CBOE Letter, supra note 5, at 6. 35 See id. at 4. should be limited to scenarios where the order 30 See ISE Letter, supra note 4, at 3. 36 See CBOE Letter, supra note 5, at 5. cannot be satisfied by the displayed national best

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anticipatory hedging was originally original order, and multiple original and may include (i) the same underlying adopted, CBOE believed that it was orders could not be aggregated to satisfy stock applicable to the option order, (ii) necessary to prevent members and the requirement.46 The Commission a security future overlying the same associated persons from using believes that this requirement is stock applicable to the option order, or undisclosed information about reasonable and should limit use of the (iii) in reference to an option on an imminent solicited option transactions tied hedge procedures to institutional index, ETF or HOLDRS, a ‘‘related to trade the relevant option or any customers who are in a better position instrument’’ (as described above). For closely-related instrument in advance of to understand the mechanics of the example, for options overlying XYZ persons represented in the relevant process and who may benefit from the stock, the Exchange may determine to options crowd. The Exchange now ability to execute a facilitating hedge on designate the underlying XYZ stock or believes that increased volatility in the CBOE.47 XYZ security futures or both as eligible markets, as well as the advent of penny Written Notification. The proposal hedging positions.50 The Commission trading in underlying stocks and also requires that, prior to entering tied believes that this provision will provide resultant decreased liquidity at the top hedge orders on behalf of customers, the for a definitive hedge that is easily of each underlying market’s displayed CBOE member must deliver to its understood by other market national best bid or offer, has made it customer a one-time written notification participants, and consequently should increasingly difficult for members and informing the customer that his order allow members who may be considering member organizations to assess ultimate may be executed using the Exchange’s participating in a tied hedge order to execution prices and the extent of tied hedge procedures and disclosing evaluate more readily the risk associated available stock to hedge related options the terms and conditions contained in with the option in light of the hedge. facilitation/solicitation activities, and to the proposed rule. Given the minimum Presentation to the Crowd. The manage that market risk.42 These size requirement of 500 contracts per proposal would require that the entire circumstances may make it more order, the Exchange believes that use of hedging position be brought promptly difficult to obtain a hedge, to quote the tied hedge procedures will generally and without ‘‘undue delay’’ to the orders, and to achieve executions. In consist of orders for the accounts of trading crowd. In addition, the proposal addition, the Exchange believes that institutional or sophisticated, high net would require that the hedging position market-makers’ trading strategies have worth investors.48 Given the target be announced to the trading crowd evolved to focus less on delta risk and audience and the considerable concurrently with the option order, more on volatility.43 The proposed tied minimum size requirement, the offered to the crowd in its entirety, and hedge transaction procedures are Commission believes that a one-time offered at the execution price received intended to reflect CBOE’s perceived notification is sufficient and is by the member or member organization shift by members toward a volatility consistent with similar notification introducing the order to any in-crowd 49 trading strategy, and to make it more requirements on other exchanges. market participant who has established desirable for market makers to compete Eligible Hedging Positions. The parity or priority for the related options. for orders that are exposed through the proposed rule would require that the In-crowd market participants that solicitation process. The Exchange hedging position associated with the participate in the option transaction further expects its proposal to allow tied hedge order be composed of a would be required to participate in the members to hedge an original order and position that is designated as eligible for hedging position on a proportionate 51 thus minimize delta risk and, thus, a tied hedge transaction. Eligible basis and would not be permitted to hedging positions would be determined should provide an opportunity for prevent the option transaction from by the Exchange for each eligible class members to provide customers with occurring by giving a competing bid or tighter quotes to the extent they are able offer for one component of the tied 46 In determining whether an individual original hedge order. The Commission believes to use the tied hedge procedure to better order satisfies the eligible order size requirement, hedge and compete for orders.44 any complex order must contain one leg alone that that these requirements are reasonably Minimum Size. Under the proposal, is for the eligible order size or greater. This designed to encourage access to and the original option order must be within approach to the eligible order size requirement for participation by the trading crowd in complex orders is analogous to Rule 6.74(d)(iii), designated tied hedge eligibility size the tied hedge transaction. which provides that a complex order must contain Further, while delta estimates may parameters, which could not be smaller one leg alone that is for the eligible order size or than 500 contracts.45 The minimum greater to be eligible for an open outcry crossing vary slightly, the introducing member order size would apply to an individual entitlement. would be required to assume a hedging 47 As discussed above supra note 41, in position that does not exceed the commenting on the prior Phlx proposal, CBOE bid or offer (‘‘NBBO’’) or, for similar reasons, the equivalent size of the options order on suggested that the tied hedge procedures be limited 52 order is of a significantly larger than average size. to scenarios where the order cannot be satisfied by a delta basis. For example, with a tied See letters from Edward J. Joyce, President and the NBBO or, for similar reasons, the order is of a Chief Operating Officer, CBOE, to Jonathan G. Katz, significantly larger than average size. CBOE’s 50 As with designated classes and minimum order Secretary, Commission, dated January 14, 2004 reasoning was that there may not be as much size, the eligible hedging positions applicable to (‘‘CBOE Letter I’’) and May 20, 2004 (‘‘CBOE Letter benefit to delaying the representation and execution each class would be communicated to the II’’). of smaller orders that may be immediately fillable membership via Regulatory Circular, which would 42 See Notice, supra note 3, at 9116. or executed more quickly by sending an order to the include a cumulative list of all classes and 43 See id. at 9116–17. options crowd (as opposed to tying up such an corresponding sizes for which the tied hedge 44 See id. at 9119. order with stock). See CBOE Letter II, supra note procedures are available. 45 The designated classes and minimum order 41, at 3–4. The Exchange now believes the 51 For example, if an in-crowd market size applicable to each class would be decreased liquidity available at the NBBO, the participant’s allocation is 100 contracts out of a 500 communicated to the membership via Regulatory frequency with which quotes may flicker, and contract option order (1⁄5), the same in-crowd Circular. For example, the Exchange could differing costs associated with accessing liquidity market participant would trade 10,000 shares of a determine to make the tied hedge transaction on various markets, as well as for ease of 50,000 stock hedge position tied to that option procedures available in options class XYZ for administration, that its proposed 500 contract order (1⁄5). orders of 1000 contracts or more. Such a minimum is sufficient to address these 52 In the Notice, the Exchange notes that there determination would be announced via Regulatory considerations. See Notice, supra note 3, at 9117. may be scenarios were the introducing member Circular, which would include a cumulative list of 48 See Notice, supra note 3, at 9117. purchases (sells) less than the delta, e.g., when all classes and corresponding sizes for which the 49 See ISE Rule 716(e)(3) (Solicited Order there is not enough stock is available to buy (sell) tied hedge procedures are available. Mechanism). Continued

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hedge transaction involving the things, because a tied hedge transaction Further, when a tied hedge purchase of 50,000 shares of XYZ stock would be presented to the crowd as a transaction is executed, it is possible and the sale of 500 XYZ call contracts package and crowd participants could that market conditions in a non-CBOE with a delta of 100, the order would be only trade with both the order and the market might prevent the execution of considered fully hedged by 50,000 hedge on a proportionate basis, such the non-options leg(s) at the price(s) shares of stock. The Commission treatment is appropriate under the agreed upon. In this event, the trade believes that prohibiting a tied hedge circumstances with respect to CBOE’s representing the options leg(s) of the order from being deliberately over- intra-market priority. tied hedge transaction may ultimately hedged should ensure that such To the extent applicable and be cancelled in accordance with CBOE’s transactions represent bona fide hedging available, tied hedge transactions may existing rules.56 activity and should not deter the also qualify for existing NBBO trade- The following example, which CBOE willingness of the options crowd to through exceptions for options and included in the Notice,57 illustrates the participate in the order. stock, including, for example, the Priority. The Exchange has not complex trade exception to the Options mechanics of a tied hedge transaction: proposed any special priority provisions Linkage Plan (which would apply when • The CBOE member initiates a tied applicable to tied hedge transactions. the original order is a complex order) 54 hedge based on either a simple or Tied hedge transactions would be and the qualified contingent trade complex original customer order. For treated the same as complex orders exception to Rule 611(a) for the stock example, in a simple original order, the (regardless of whether the original order component when an in-crowd introducing member receives a customer was a simple or complex order) for participant participates in the order to buy 500 XYZ call options, purposes of CBOE’s intra-market transaction.55 which has a delta of 100. The priority.53 The Commission notes that introducing member then purchases while an original single-sided customer 54 Where the original order is a simple order, the 50,000 shares of XYZ stock on the NYSE order would not constitute a complex execution of the option leg will not qualify for the for an average price of $25.03 per share. ‘‘complex trade’’ exception from the Options order, particularly for purposes of the Linkage Plan. Thus, a member could not tie a Once the stock is executed on the NYSE, complex trade exception to the Options customer single-sided options order to a hedging the introducing member, without undue Linkage Plan, CBOE’s proposal to treat position for the sole purpose of availing the tied delay, announces the 500 contract such order when it is packaged into a hedge package to the complex trade exception from the Options Linkage Plan. A ‘‘complex trade’’ is option order along with the 50,000 share tied hedge transaction the same as a defined as: (i) The execution of an order in an tied stock hedge at $25.03 per share to complex order for the limited purpose option series in conjunction with the execution of the CBOE trading crowd. For a complex of determining CBOE’s intra-market one or more related orders in different option series original order, the introducing member in the same underlying security occurring at or near priority is reasonable. Among other the same time in a ratio that is equal to or greater receives a customer stock-option order than one-to-three (.333) and less than or equal to to buy 500 XYZ call options and sell at the desired price. In such scenarios, the three-to-one (3.0) and for the purpose of executing 50,000 shares of XYZ stock. The introducing member would present the stock that a particular investment strategy; or (ii) the introducing member purchases 50,000 was purchased (sold) and share it with the in-crowd execution of a stock option order to buy or sell a market participants on equal terms. This risk of stated number of units of an underlying stock or a shares of XYZ stock on the NYSE for an obtaining less than a delta hedge is a risk that exists security convertible into the underlying stock average price of $25.03 per share. Once under the current rules because of the uncertainty (‘‘convertible security’’) coupled with the purchase the stock is executed on the NYSE, the that exists when market participants price an option or sale of option contract(s) on the opposite side of introducing member, without undue and have to anticipate the price at which they will the market representing either (A) the same number be able to obtain a hedge. The proposed tied hedge of units of the underlying stock or convertible delay, announces the tied hedge procedures are designed to help reduce this risk, security, or (B) the number of units of the package to the trading crowd. but the initiating member may still be unable to underlying stock or convertible security necessary • execute enough stock at the desired price. See to create a delta neutral position, but in no case in The in-crowd market participants Notice, supra note 3, at 9118. a ratio greater than 8 option contracts per unit of would have an opportunity to provide 53 Generally, a complex order may be expressed trading of the underlying stock or convertible competing quotes for the tied hedge in any increment and executed at a net debit or security established for that series by the Options package (but not for the individual credit price with another member without giving Clearing Corporation. See paragraph (4) of CBOE component legs of the package). priority to equivalent bids (offers) in the individual Rule 6.80, Definitions (applicable to Options series legs that are represented in the trading crowd Linkage), and subparagraph (b)(7) to CBOE Rule • The option order and hedging stock or in the public customer options limit order book 6.83, Order Protection. The new Options Linkage would be allocated among the in-crowd provided at least one leg of the order betters the Plan was recently approved by the Commission and corresponding bid (offer) in the public customer carries over the complex order exception. See market participants that established options limit order book. For stock-option orders Securities Exchange Act Release No. 60405 (July 30, priority or parity at that price, including and security future-option orders, this means that 2009) (File No. 4–546). See also Securities Exchange the initiating member, in accordance the options leg of the order has priority over bids Act Release No. 60187 (June 29, 2009), 74 FR 32664 with the allocation algorithm applicable (offers) of the trading crowd but not over bids (July 8, 2009) (notice of filing of CBOE’s new (offers) in the public customer options limit order Options Linkage rules). to the options class, with the options leg book. In addition, for complex orders with non- 55 A ‘‘qualified contingent trade’’ is defined as a being executed and reported on CBOE option leg(s), such as stock-option orders, a bid or transaction consisting of two or more component and the stock leg being executed and offer is made and accepted subject to certain other orders, executed as agent or principal, where: (i) At conditions, including that the options leg(s) may be least one component order is in an NMS stock; (ii) cancelled at the request of any member that is a all components are effected with a product or price that have been announced or since cancelled; and party to the transaction if market conditions in any contingency that either has been agreed to by the (vi) any trade-throughs caused by the execution of non-CBOE market(s) prevent the execution of the respective counterparties or arranged for by a an order involving one or more NMS stocks (each non-options leg(s) at the agreed price(s). See, e.g., broker-dealer as principal or agent; (iii) the an ‘‘Exempted NMS Stock Transaction’’) is fully CBOE Rules 6.42, Minimum Increments for Bids execution of one component is contingent upon the hedged (without regard to any prior existing and Offers, 6.45, Priority of Bids and Offers— execution of all other components at or near the position) as a result of the other components of the Allocation of Trades, 6.45A(b), Allocation of Orders same time; (iv) the specific relationship between the contingent trade. See Securities Exchange Act Represented in Open Outcry (for equity options), component orders (e.g., the spread between the Release No. 57620 (April 4, 2008), 73 FR 19271 6.45B(b), Allocation of Orders Represented in Open prices of the component orders) is determined at (April 9, 2008). Outcry (for index options and options on ETFs), the time the contingent order is placed; (v) the 56 See paragraph (b) to CBOE Rule 6.48. The 6.48, Contract Made on Acceptance of Bid or Offer, component orders bear a derivative relationship to Exchange notes that, in the event of a cancellation, and 6.74. Any crossing participation entitlement one another, represent different classes of shares of members may be exposed to the risk associated would also apply to the tied hedge procedures in the same issuer, or involve the securities of with holding the hedge position. accordance with Rule 6.74(d). participants in mergers or with intentions to merge 57 See Notice, supra note 3, at 9119–20.

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reported on the stock market specified procedures. This treatment of tied hedge subject line if e-mail is used. To help the by the initiating member.58 transactions was described by CBOE in Commission process and review your • The execution of the options leg the Notice.60 CBOE now proposes to comments more efficiently, please use would have to satisfy CBOE’s intra- reflect this priority provision in the rule only one method. The Commission will market priority rules for complex orders text for the sake of clarity. post all comments on the Commission’s (including that the execution price may CBOE also specified in the proposed Internet Web site (http://www.sec.gov/ not be outside the CBOE BBO). rule text that the option and stock legs rules/sro.shtml). Copies of the • Where the customer order is a of a tied hedge transaction may qualify submission, all subsequent complex order (not a simple order), the for various NBBO trade-through amendments, all written statements tied hedge transaction may qualify as a exceptions but, where the original order with respect to the proposed rule ‘‘complex trade’’ under the Options is a simple order, the execution of the change that are filed with the Linkage Plan in which case the option leg will not qualify for the Commission, and all written execution of the 500 option contracts ‘‘complex trade’’ exception from the communications relating to the with the market participants would not Options Linkage Plan.61 Accordingly, to be subject to the NBBO for the particular the extent that a single-sided customer proposed rule change between the option series. order was packaged to create a tied Commission and any person, other than • If the crowd participates in the tied hedge transaction, such tied hedge those that may be withheld from the hedge transaction, the equities portion would not qualify as a complex order public in accordance with the of the trade may qualify as a ‘‘qualified for purposes of the Options Linkage provisions of 5 U.S.C. 552, will be contingent trade’’ under Regulation Plan. available for inspection and copying in NMS. For example, if the crowd takes The changes proposed in Amendment the Commission’s Public Reference an equivalent share representing 20,000 No. 1, discussed above, seek to clarify Room, on official business days between shares of stock (from the original 50,000 the operation of the proposal, the hours of 10 a.m. and 3 p.m. Copies shares), the market participants would particularly with respect to the priority of such filing also will be available for not be subject to the NBBO for the rules applicable to a tied hedge inspection and copying at the principal 20,000 shares of underlying XYZ stock transaction, and do not differ materially office of the Exchange. All comments that they execute. from the proposal as noticed in the received will be posted without change; • The execution of stock would have Federal Register on March 2, 2009. the Commission does not edit personal to satisfy the intra-market priority rules Accordingly, the Commission finds that identifying information from of the non-CBOE market(s) where the good cause exists to approve the submissions. You should submit only stock is to be executed. proposed rule change, as modified by information that you wish to make The Commission believes that CBOE Amendment No. 1, on an accelerated available publicly. All submissions has adequately described the mechanics basis. should refer to File Number SR–CBOE– of a proposed tied hedge order, and that VI. Solicitation of Comments 2009–007 and should be submitted on the priority treatment afforded to a tied or before September 11, 2009. hedge transaction is appropriate and Interested persons are invited to consistent with CBOE’s existing priority submit written data, views, and VII. Conclusion rules. arguments concerning Amendment No. 1, including whether Amendment No. 1 For the foregoing reasons, the V. Accelerated Approval is consistent with the Act. Comments Commission finds that the proposed The Commission finds good cause, may be submitted by any of the rule change, as modified by Amendment pursuant to Section 19(b)(2) of the following methods: No. 1, is consistent with the Act and the Act,59 for approving the proposed rule rules and regulations thereunder Electronic Comments change, as modified by Amendment No. applicable to a national securities • 1, prior to the thirtieth day after Use the Commission’s Internet exchange. comment form (http://www.sec.gov/ publication of notice of filing of It is therefore ordered, pursuant to Amendment No. 1 in the Federal rules/sro.shtml); or Section 19(b)(2) of the Act,62 that the Register. In Amendment No. 1, the • Send an e-mail to rule- proposed rule change (SR–CBOE–2009– Exchange revised the proposed rule text [email protected]. Please include File to clarify that all tied hedge transactions No. SR–CBOE–2009–007 on the subject 007), as modified by Amendment No. 1, (regardless of whether the original order line. be, and hereby is, approved on an accelerated basis. was a simple order or a complex order Paper Comments such as a spread, straddle, combination, • For the Commission, by the Division of or stock-option order) will be treated as Send paper comments in triplicate Trading and Markets, pursuant to delegated complex for purposes of CBOE’s open to Elizabeth M. Murphy, Secretary, authority.63 Securities and Exchange Commission, outcry allocation and reporting Florence E. Harmon, Station Place, 100 F Street, NE., Deputy Secretary. 58 For example, the introducing member might Washington, DC 20549–1090. trade 40% pursuant to an open outcry crossing All submissions should refer to File [FR Doc. E9–20062 Filed 8–20–09; 8:45 am] entitlement (200 options contracts and 20,000 Number SR–CBOE–2009–007. This file BILLING CODE 8010–01–P shares of stock) and the remaining balance might be with three different market makers that each number should be included on the participated on 20% of the order (100 options contracts and 10,000 shares of stock per market 60 See Notice, supra note 3, at 9119. maker). 61 This description by CBOE represents a change 59 15 U.S.C. 78s(b)(2). Pursuant to Section 19(b)(2) from the Notice, in which CBOE indicated all tied of the Act, the Commission may not approve any hedge transactions (regardless of whether the proposed rule change, or amendment thereto, prior original order was a simple or complex order) to the thirtieth day after the date of publication of would be treated as complex orders, and thus may the notice thereof, unless the Commission finds qualify for the complex trade exception to the 62 15 U.S.C. 78s(b)(2). good cause for so doing. Options Linkage Plan. See Amendment No. 1. 63 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF STATE 27, 1978, the Foreign Affairs Reform and ADDRESSES: The meeting will be held at Restructuring Act of 1998 (112 Stat. the Ronald Reagan International Trade [Public Notice 6735] 2681, et seq.; 22 U.S.C. 6501 note, et Center, Training Room A, 14th Street Certification Related to Aerial seq.), Delegation of Authority No. 234 of and Constitution Avenue, NW., Eradication in Colombia Under the October 1, 1999, Delegation of Authority Washington, DC. Andean Counterdrug Programs No. 236 of October 19, 1999, as FOR FURTHER INFORMATION CONTACT: Section of the Department of State amended, and Delegation of Authority Laura Hellstern, DFO for ITAC–11 at Foreign Operations and Related No. 257 of April 15, 2003 [68 FR 19875], (202) 482–3222, Department of Programs Appropriations Act, 2009 I hereby determine that the objects to be Commerce, 14th Street and Constitution (Division H, Pub. L. 111–8) included in the exhibition ‘‘Vermeer’s Avenue, NW., Washington, DC 20230. Masterpiece: The Milkmaid,’’ imported SUPPLEMENTARY INFORMATION: During the Pursuant to the authority vested in the from abroad for temporary exhibition opened portion of the meeting the Secretary of State and delegated to me, within the United States, are of cultural following agenda items will be including under the Andean significance. The objects are imported considered. Counterdrug Programs section of the pursuant to loan agreements with the • Congressional SME Initiative. Department of State Foreign Operations foreign owners or custodians. I also • Foreign Direct Investment. and Related Programs Appropriations determine that the exhibition or display • World Bank Opportunities for Act, 2009, (Division H, Pub. L. 111–8), of the exhibit objects at the Metropolitan Small and Minority Business. I hereby determine and certify that: (1) Museum of Art, New York, NY, from on • Trade Promotion Coordinating The herbicide used for aerial eradication or about September 9, 2009, until on or Committee Updates—ITA, SBA, OPIC, of illicit crops in Colombia is being used about November 29, 2009, and at Exim Bank. in accordance with EPA label possible additional exhibitions or • Export Controls. requirements for comparable use in the venues yet to be determined, is in the United States and in accordance with national interest. Public Notice of these Lisa A. Garcia, Colombian laws; (2) the herbicide, in Determinations is ordered to be Acting Assistant U.S. Trade Representative the manner it is being used, does not published in the Federal Register. for Intergovernmental Affairs and Public Liaison. pose unreasonable risks or adverse FOR FURTHER INFORMATION CONTACT: For [FR Doc. E9–20118 Filed 8–20–09; 8:45 am] effects to humans or the environment further information, including a list of BILLING CODE 3190–W9–P including endemic species; and (3) the exhibit objects, contact Carol B. complaints of harm to health or licit Epstein, Attorney-Adviser, Office of the crops caused by such aerial eradication Legal Adviser, U.S. Department of State DEPARTMENT OF TRANSPORTATION are thoroughly evaluated and fair (telephone: 202/632–6473). The address compensation is being paid in a timely is U.S. Department of State, SA–5, L/PD, Office of the Secretary manner for meritorious claims. Washington, DC 20522–0505. This certification shall be published [Docket No. DOT–OST–2009–0115] in the Federal Register, and copies shall Dated: August 11, 2009. be transmitted to the appropriate Maura M. Pally, Agency Information Collection committees of Congress. Deputy Assistant Secretary for Professional Activities: Renewed Approval of and Cultural Exchanges, Bureau of Information Collection Dated: August 7, 2009. Educational and Cultural Affairs, Department William J. Burns, of State. AGENCY: Office of the Secretary (OST), Under Secretary for Political Affairs, [FR Doc. E9–20146 Filed 8–20–09; 8:45 am] DOT. Department of State. BILLING CODE 4710–05–P ACTION: Notice and request for [FR Doc. E9–20147 Filed 8–20–09; 8:45 am] comments. BILLING CODE 4710–17–P SUMMARY: The Department of OFFICE OF THE UNITED STATES Transportation (DOT) invites public DEPARTMENT OF STATE TRADE REPRESENTATIVE comments about our intention to request the Office of Management and Budget [PUBLIC NOTICE 6734] Notice of Meeting of the Industry Trade (OMB) approval to renew an Culturally Significant Objects Imported Advisory Committee on Small and information collection. The collection for Exhibition Determinations: Minority Business (ITAC–11) involves the Supplemental Discretionary Grants for a National ‘‘Vermeer’s Masterpiece: The AGENCY: Office of the United States Milkmaid’’ Surface Transportation System, or Trade Representative. TIGER Discretionary Grants. The ACTION: Notice; Correction. ACTION: Notice of a Partially Opened information to be collected will be used Meeting. to and/or is necessary in order to receive SUMMARY: On June 19, 2009, notice was and evaluate applications for grant published on page 29262 of the Federal SUMMARY: The Industry Trade Advisory funds pursuant to Title XII of the Register (volume 74, number 117) of Committee on Small and Minority American Recovery and Reinvestment determinations made by the Department Business (ITAC–11) will hold a meeting Act of 2009 (ARRA). Title XII of State pertaining to the exhibit on Monday, September 14, 2009, from 9 established a new program for OST to ‘‘Vermeer’s Masterpiece: The a.m. to 3:30 p.m. The meeting will be provide Supplemental Discretionary Milkmaid.’’ The referenced notice is closed to the public from 9 a.m. to 12 Grants for a National Surface corrected as to additional objects to be p.m., and opened to the public from 12 Transportation System. OST is referring included in the exhibition. Pursuant to p.m. to 3:30 p.m. to these grants as Grants for the authority vested in me by the Act of DATES: The meeting is scheduled for Transportation Investment Generating October 19, 1965 (79 Stat. 985; 22 U.S.C. September 14, 2009, unless otherwise Economic Recovery, or ‘‘TIGER 2459), Executive Order 12047 of March notified. Discretionary Grants.’’ The purposes of

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the TIGER Discretionary Grants program Department may decide to publish an Management and Budget, Docket include promoting economic recovery additional solicitation. Library, Room 10102, 725 17th Street, and supporting projects that have a The Department’s estimated burden NW., Washington, DC 20503. significant impact on the Nation, a for this information collection is the FOR FURTHER INFORMATION CONTACT: metropolitan area or a region. following: Deborah Perkins, Departmental Office of DATES: Written comments should be Expected Number of Respondents: Human Resources, Office of the submitted by October 20, 2009. 500. Secretary, U.S. Department of ADDRESSES: You may submit comments Frequency: One time collection. Transportation, 1200 New Jersey [identified by Docket No. DOT–OST– Estimated Average Burden per Avenue, SE., Washington, DC 20590, 2009–0115] through one of the Response: 100 hour. (202) 366–9447. Estimated Total Annual Burden: following methods: SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// 50,000. Title: Applicant Background www.regulations.gov. Follow the online Public Comments Invited: You are Questionnaire. instructions for submitting comments. asked to comment on any aspect of this • Fax: 1–202–493–2251. information collection, including (a) OMB Control Number: 2105–0557. • Mail or Hand Delivery: Docket whether the proposed collection of OST Form Number: OST F 3300.18. Management Facility, U.S. Department information is necessary for OST’s Abstract: The purpose of the of Transportation, 1200 New Jersey performance; (b) the accuracy of the collection is to standardize the Avenue, SE., West Building, Room estimated burden; (c) ways for OST to collection of race, ethnicity, sex, W12–140, Washington, DC 20590, enhance the quality, utility and clarity national origin, and disability status between 9 a.m. and 5 p.m., Monday of the information collection; and (d) from applicants for positions within all through Friday, except on Federal ways that the burden could be DOT Operating Administrations. This holidays. minimized without reducing the quality information will assist the DOT in of the collected information. The agency FOR FURTHER INFORMATION CONTACT: Jack monitoring programs and will be the Bennett, Office of the Assistant will summarize and/or include your basis for several different reports Secretary for Transportation Policy, at comments in the request for OMB’s required by statute. 202–366–6222 or [email protected]. clearance of this information collection. Affected Public: Employees upon SUPPLEMENTARY INFORMATION: Authority: The Paperwork Reduction Act initial hire and applicants for positions. OMB Control Number: 2105–0560. of 1995; 44 U.S.C. Chapter 35, as amended; Estimated Number of Respondents: Title: Supplemental Discretionary and 49 CFR 1:48. 93,000. Grants for a National Surface Issued in Washington, DC on August 17, Estimated Number of Responses: Transportation System or TIGER 2009. 93,000. Discretionary Grants. Patricia Lawton, Annual Estimated Burden Hours: Form Numbers: None. DOT Paperwork Reduction Act Clearance 4650 hours. Type of Review: Renewal of an Officer, Office of the Chief Information Frequency of Collection: Once. information collection. Officer. Comments are invited on: (a) Whether Background: On February 17, 2009, [FR Doc. E9–20080 Filed 8–20–09; 8:45 am] the proposed collection of information the President of the United States signed BILLING CODE 4910–9X–P is necessary for the proper performance the Recovery Act to, among other of the functions of the Department, purposes, (1) preserve and create jobs including whether the information will and promote economic recovery, (2) DEPARTMENT OF TRANSPORTATION have practical utility as described; (b) invest in transportation infrastructure Office of the Secretary the accuracy of the Department’s that will provide long-term economic estimate of burden of the proposed benefits, and (3) assist those most [Docket No. DOT–OST–2009–0092] collection of information, including the affected by the current economic validity of methodology and downturn. The Recovery Act Information Collection Activity: assumptions used; (c) ways to enhance appropriated $1.5 billion of Request for Comments the quality, utility, and clarity of the discretionary grant funds to be awarded AGENCY: Office of the Secretary, DOT. information to be collected; and (d) by the Department for capital ways to minimize the burden of the ACTION: investments in surface transportation Notice and requests for collection of information on those who infrastructure. The funds provided by comments. are to respond, including the use of TIGER Grants will be awarded on a SUMMARY: In accordance with the appropriate, automated, electronic, competitive basis to projects that have a mechanical or other technology. significant impact on the Nation, a Paperwork Reduction Act of 1995, this notice announces that the Information Comments should be addressed to the metropolitan area, or a region. address in the preamble. All responses On May 18, 2009, the Department Collection Request (ICR) abstracted to this notice will be summarized and published an interim notice announcing below is being forwarded to the Office included in the request for Office of the availability of funding for TIGER of Management and Budget (OMB) for Management and Budget (OMB) Discretionary Grants, project selection an extension of a currently approved approval. All comments will also criteria, application requirements and collection. The Federal Register Notice become a matter of public record. the deadline for submitting with a 60-day comment period soliciting applications, which is September 15, comments was published on June 12, Issued in Washington, DC on August 12, 2009. On June 17, 2009, the Department 2009, [FR Vol. 74, No.112, page 28090]. 2009. published an additional notice revising No comments were received. Patricia Lawton, some elements of the interim notice. In DATES: Comments on this notice must be DOT Paperwork Reduction Act Clearance the event that the June 17, 2009, received by September 21, 2009: DOT/ Officer, Office of Chief Information Officer. solicitation does not result in the award OST Desk Officer, Office of Information [FR Doc. E9–20131 Filed 8–20–09; 8:45 am] and obligation of all available funds, the and Regulatory Affairs, Office of BILLING CODE 4910–9X–P

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DEPARTMENT OF TRANSPORTATION scheduled dates remain unchanged. The and Sections 3, 4, and 6 of the FEIS. The Federal and State Agency and Governor most significant of these errors was a Maritime Administration comment periods also end September mathematical unit conversion error that [USCG–2007–28532] 11, 2009 and the MARAD Record of resulted in the volumes of sand reported Decision is due by October 26, 2009. in the FEIS being nine times the actual Port Dolphin Energy LLC, Port Dolphin FOR FURTHER INFORMATION CONTACT: Ray estimated values. Energy Liquefied Natural Gas Martin, U.S. Coast Guard, telephone: The corrections to the FEIS appear in Deepwater Port License Application; 202–372–1449, e-mail: this notice which, along with the FEIS Final Environmental Impact Statement [email protected] or Chris itself, is available for viewing at the Hanan, U.S. Maritime Administration, Federal Docket Management System AGENCY: Maritime Administration, DOT. telephone: 202–366–1900, e-mail: Web site: http://www.regulations.gov ACTION: Notice of availability; [email protected]. If you have under docket number USCG–2007– Correction. questions on viewing the docket, call 28532. You may also view these Renee V. Wright, Program Manager, materials in person at Department of SUMMARY: The Coast Guard and the Transportation, Docket Management Maritime Administration (MARAD) Docket Operations, telephone 202–493– 0402. Facility, West Building, Ground Floor, announce the availability of material Room W12–140, 1200 New Jersey supplementing the Final Environmental (Authority 49 CFR 1.66) Avenue, SE., Washington, DC 20590– Impact Statement (FEIS) for the Port SUPPLEMENTARY INFORMATION: 0001 between 9 a.m. and 5 p.m., Dolphin Energy Liquefied Natural Gas On July 13, 2009, the Coast Guard and Monday through Friday, except Federal Deepwater Port license application. The MARAD notice of availability for the holidays. The Facility telephone supplementary material corrects errors Port Dolphin Energy Liquefied Natural number is 202–366–9329. in the FEIS. Gas Deepwater Port license application The following corrections to the FEIS DATES: To allow sufficient time for FEIS appeared in the Federal Register apply: public review and comment on this (74 FR 33509). Subsequently, we supplemental material we are extending discovered several typographical errors Page ES–7, Table ES–1 the public comment period until and errors related to the analysis of sand Delete: Table ES–1 September 11, 2009. All other resources in the Executive Summary Replace with: the following table:

TABLE ES–1—COMPARISON OF LOCATION AND PIPELINE ALTERNATIVES FOR PORT DOLPHIN

Proposed site and pipeline Southern site and pipeline Offshore interconnection with Project component alternative alternative gulfstream pipeline

Port Components

. Port C/O footprint ...... 22 acres ...... 30 acres (+36%) ...... 22 acres

Pipeline Components

Total pipeline length ...... 74.0 km (46 mi) ...... 80.4 km (50 mi) (+9%) ...... 28.8 km (18 mi) (¥38%) Offshore length (from the piggable 67.6 km (42 mi) ...... 74 km (46 mi) (+9.5%) ...... N/A Y to the bulkhead). Offshore pipeline construction foot- 16,728 acres ...... 18,180 acres (+ 9%) ...... 6,545 acres (¥39%) print (3,000-foot construction sur- vey corridor). Offshore Gulfstream Pipeline cross- Crosses two times. HDD 1=1,335 N/A ...... N/A ing. feet, HDD 2=2,947 feet. Permitted Sand Borrow Area IX ..... 0 cubic yards ...... 248,581 cubic yards ...... 0 cubic yards ROSS Areas ...... 5,374,463 cubic yards ...... 7,069,055 cubic yards ...... 0 cubic yards Offshore shipping channel cross- none ...... None ...... none ings. Nearshore Terra Ceia crossing ...... none ...... Crosses two times: 4.8 km (3.0 none mi), and 1.1 km (0.7 mi). Onshore pipeline length ...... 6.4 km (4 mi) ...... 6.4 km (4 mi) ...... 6.4 km (4 mi) Onshore pipeline C footprint (100- 48.5 acres ...... 48.5 acres ...... 48.5 acres foot ROW). Onshore O footprint (30-foot ROW) 14.5 acres ...... 14.5 acres ...... 14.5 acres Onshore wetland crossings C im- 10.71 acres ...... 10.71 acres ...... 10.71 acres pacts. Onshore wetland crossings O im- 1.19 acres ...... 1.19 acres ...... 1.19 acres pacts.

Onshore Facility and Workspace Components

Onshore landfall location ...... Just east of Gulfstream station at Just east of Gulfstream station at N/A Port Manatee. Port Manatee.

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TABLE ES–1—COMPARISON OF LOCATION AND PIPELINE ALTERNATIVES FOR PORT DOLPHIN—Continued

Proposed site and pipeline Southern site and pipeline Offshore interconnection with Project component alternative alternative gulfstream pipeline

Aboveground facilities...... Interconnection with GS and Interconnection with GS and Interconnection with GS offshore TECO—120 × 1,319 feet (3.4 TECO—120 × 1,319 feet (3.4 acres). acres) Valve station located on Valve station located on Port Port Manatee property—50 × Manatee property—50 × 60 60 feet (0.07 acres). feet (0.07 acres). Onshore extra work spaces (lo- 6 acres ...... 6 acres ...... 6 acres cated at the entrance and exit areas for HDD and boring activi- ties). Staging areas, pipeyard, and con- 34 acres; includes a concrete 34 acres; includes a concrete 34 acres; includes a concrete tractor facilities would be located batch plant, mattress facility batch plant, mattress facility, batch plant, mattress facility, on Port Manatee (6 months). and pipe lay-down areas. and pipe lay-down areas. and pipe lay-down areas Onshore access roads ...... None (use existing roadways) ..... None (use existing roadways) ..... N/A

NOTES: C—Construction; O—Operation Length and acreage have been rounded to nearest whole number for NEPA planning purposes

Page 3–77, Geological Resources fully investigated, and therefore cannot Replace with: The Proposed Pipeline be confirmed to contain beach quality Route passes through potential areas Delete: The survey information sand resources. These areas include a identified by Longboat Key, including provided by the Town of Longboat Key total of approximately 128,000 acres. the area identified in Federal waters as identified approximately 25 additional F–2, in their May 29, 2008 and May 28, Page 4–157, Geological Resources areas with potential as future sand 2009 comments. Based on GIS mapping borrow areas. These areas have not been Delete: The Proposed Pipeline Route calculations, the Proposed pipeline fully investigated, and therefore cannot passes through potential areas identified would pass through potential areas be confirmed to contain beach quality by Longboat Key, including the area identified by Longboat Key for a sand resources. These areas include a identified in Federal waters as F–2, in distance of 3.9 km (2.4 mi), and through total of approximately 125,000 acres. their May 28, 2008, comments for a the ROSS area for a distance of Replace with: The survey information distance of 3.9 km (2.4 mi), and through approximately 11.5 km (7.2 mi). These provided by the Town of Longboat Key the ROSS area for a distance of lengths were used to calculate the identified approximately 25 additional approximately 25.3 km (15.7 mi). These volumes in Table 4.4–1. areas with potential as future sand lengths were used to calculate the Delete: Table 4.4–1 borrow areas. These areas have not been volumes in Table 4.4–1. Replace with: the following table:

TABLE 4.4–1—IMPACTS ON POTENTIAL SAND BORROW AREAS

Volume of area (cubic yards) Length of Volume of impacted pipeline area (cubic yards) Percentage Size of through of area 3.75-foot 9.5-foot impacted 3.75-foot 9.5-foot potential (acres) average depth average depth area average average volume (feet) depth depth impacted

Borrow Area IX ...... 264 1,597,200 4,046,240 0 0 0 0.00 High-Volume Sand Shoal ...... 4,500 27,225,000 68,970,000 0 0 0 0.00 Longboat Key Potential Areas ...... 128,000 774,400,000 1,961,813,333 12,858 714,323 1,809,617 0.09 ROSS Area ...... 538,000 3,254,900,000 8,245,746,667 38,187 2,121,499 5,374,463 0.07

Delete: In 2006, Longboat Key used resources would result in the loss of the Longboat Key-identified potential approximately 1,360,000 m3 (1,790,000 10.6 to 27.0 beach renourishment sand resource areas equivalent to 0.4 to y3) of sand resources for their beach projects. No loss of beach quality sand 1 beach renourishment projects. The renourishment project. Assuming within Borrow Area IX or the High loss of sand resulting from the proposed Longboat Key’s next major beach Volume Sand Shoal is anticipated to pipeline obstruction on ROSS-identified renourishment project requires a similar occur. resources would result in the loss of 1.2 amount of sand the proposed pipeline Replace with: In 2006, Longboat Key to 3 beach renourishment projects. No route would result in a loss of beach used approximately 1,360,000 m3 loss of beach-quality sand within quality sand from the Longboat Key- (1,790,000 y3) of sand resources for their Borrow Area IX or the High-Volume identified potential sand resource areas beach renourishment project. Assuming Sand Shoal is anticipated to occur. equivalent to 2 to 5.5 beach Longboat Key’s next major beach Page 4–160, Geological Resources renourishment projects. The loss of sand renourishment project requires a similar resulting from the proposed pipeline amount of sand, the proposed pipeline Delete: Table 4.4–2 obstruction on ROSS-identified route would result in a loss of sand from Replace with: the following table:

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TABLE 4.4–2—IMPACTS ON POTENTIAL SAND BORROW AREAS ALONG THE SOUTHERN SITE AND ROUTE ALTERNATIVE

Volume of area (cubic yards) Length of Volume of impacted pipeline area (cubic yards) Percentage Size of through of potential area 3.75-foot 9.5-foot impacted 3.75-foot 9.5-foot volume im- (acres) average depth average depth area average average pacted (feet) depth depth

Borrow Area IX ...... 264 1,597,200 4,046,240 1,766 98,124 248,581 6.14 High-Volume Sand Shoal ...... 4,500 27,225,000 68,970,000 12,302 683,448 1,731,402 2.51 Longboat Key Potential Areas ...... 128,000 774,400,000 1,961,813,333 24,046 1,335,889 3,384,251 0.17 ROSS Area ...... 538,000 3,254,900,000 8,245,746,667 50,227 2,790,416 7,069,055 0.09

Page 4–161, Geological Resources alternative resources exist nearby (see completed prior to the start of Delete: Assuming Longboat Key’s next Figure 2.1–18). operations. major beach renourishment project Page 4–243, BMPs, Mitigation and Page 6–31, Geological Resources requires a similar amount of sand the Minimization Measures, and southern pipeline route would result in Monitoring Delete: The proposed pipeline would a loss of beach quality sand from pass through two potential sand sources Borrow Area IX equivalent to 0.5 to 1.2 Delete: The Maritime Administration identified by the Town of Longboat Key renourishment projects. The loss of agrees that mitigation and monitoring of for a distance of approximately 2.26 beach quality sand resulting from the egg and fish mortality should be km (1.4 mi). In addition, the proposed proposed pipeline obstruction on ROSS- required to demonstrate impacts identified resources would result in consistent with those analyzed in the pipeline would pass through sand loss equivalent to 14.0 to 35.5 EIS. Further details of this effort, approximately 11.64 km (7.23 mi) of beach renourishment projects. including the duration of monitoring, ROSS-identified potential sand source Replace with: Assuming Longboat would be developed in coordination area. Based on analysis conducted in Key’s next major beach renourishment with NOAA and USEPA as part of a Sections 3.4.3 and 4.4.1, the proposed project requires a similar amount of detailed monitoring and mitigation plan pipeline route including the 200-foot sand, the southern pipeline route would being developed by the Maritime buffer on each side of the pipeline result in a loss of beach-quality sand Administration. Onsite sampling for would restrict approximately 383 acres from Borrow Area IX equivalent to 0.05 ichthyoplankton, lobster, and shrimp (155 hectares) for use in beach to 0.14 beach renourishment projects. densities should include three years of nourishment. This area comprises 0.06 The loss of sand resulting from the data prior to the start of operations. If a percent of the 615,464 acres of the Long proposed pipeline obstruction on ROSS- license is issued, Port Dolphin Energy Boat Key, ROSS, High Volume Sand identified resources would result in LLC would be required to conduct site- Shoal, and Borrow Area IX mapped sand loss equivalent to 1.6 to 3.9 beach specific, year-round surveying to collect potential sand resource areas. renourishment projects. data on existing fish and invertebrate Replace with: The Proposed Pipeline ichthyoplankton populations. Data Page 4–170, Marine Areas and Land Route passes through potential areas Use collection shall begin as soon as the license is issued, and continue for a identified by Longboat Key, including Delete: The total construction minimum of 3 years. Furthermore, one the area identified in Federal waters as footprint for this alternative is estimated year of data collection must be F–2, in their May 29, 2008 and May 28, to be 9,323 acres, or 9 percent less than completed prior to the start of 2009 comments. Based on GIS mapping the proposed alternative. For impacts on operations, one of which must be calculations, the Proposed pipeline sand resource areas, assuming a 400-m completed prior to the start of would pass through potential areas (1,312-foot) buffer centered on the operations. identified by Longboat Key for a pipeline, a total of 103 acres of the distance of 3.9 km (2.4 mi), and through available area would be restricted for Replace with: The Maritime Administration agrees that mitigation the ROSS area for a distance of use in beach renourishment. approximately 11.5 km (7.2 mi). These Replace with: The total construction and monitoring of egg and fish mortality should be required to demonstrate lengths were used to calculate the footprint for this alternative is estimated volumes in Table 4.4–1. to be 9,323 acres, or 9 percent more than impacts consistent with those analyzed the proposed alternative. For impacts on in the EIS. Further details of this effort Dated: August 18, 2009. sand resource areas see Table 4.4–2. would be developed in coordination By Order of the Maritime Administrator. with NOAA and USEPA as part of a Murray A. Bloom, Page 4–215, Socioeconomic Resources detailed monitoring and mitigation plan and Environmental Justice being developed by the Maritime Acting Secretary, Maritime Administration. Delete: The sand resource locations Administration. If a license is issued, [FR Doc. E9–20145 Filed 8–20–09; 8:45 am] and quantities of sand that would be Port Dolphin Energy LLC would be BILLING CODE 4910–81–P inaccessible after construction of the required to conduct site-specific, year- pipeline are minimal and alternative round surveying to collect data on resources exist nearby (see Section existing fish and invertebrate 4.1.1). ichthyoplankton populations. Data Replace with: The sand resource collection shall begin as soon as the locations and quantities of sand that license is issued, and continue for a would be inaccessible after construction minimum of three years. Furthermore, of the pipeline are minimal and one year of data collection must be

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DEPARTMENT OF TRANSPORTATION Implementation Task Force meeting. SUMMARY: Notice is hereby given of a The agenda will include: meeting of the Rail Energy Federal Aviation Administration • Opening Plenary (Welcome and Transportation Advisory Committee Introductions). (RETAC), pursuant to section 10(a)(2) of Notice of Intent To Rule on Request To • Review/Approve Summary of July the Federal Advisory Committee Act, Release Airport Property at the Seattle- 1, 2009 PMC meeting, RTCA Paper No. Public Law 92–463, as amended (5 Tacoma International Airport, Seattle, 163–09/PMC–738. U.S.C., App. 2). WA • Publication Consideration/ DATES: The meeting will be held on Approval. Thursday, September 10, 2009, AGENCY: Federal Aviation • Administration (FAA), DOT. Final Draft, New Document, Safety, beginning at 9 a.m., E.D.T. Performance and Interoperability ACTION: Notice of request to release ADDRESSES: The meeting will be held in Requirements Document for Enhanced airport property, correction. the Hearing Room on the first floor of Air Traffic Services in Radar-Controlled the Surface Transportation Board’s SUMMARY: On August 12, 2009, the FAA Areas using ADS–B Surveillance (ADS– headquarters at Patriot’s Plaza, 395 E published in the Federal Register a B–RAD), RTCA Paper No. 170–09/PMC– Street, SW., Washington, DC 20423– notice of intent to rule on a request to 743, prepared by SC–186. • 0001. release airport property at the Seattle- Integration and Coordination FOR FURTHER INFORMATION CONTACT: Tacoma International Airport, Seattle, Committee (ICC)—Report. • Scott M. Zimmerman (202) 245–0202. WA. Action Item Review. • [Assistance for the hearing impaired is The DATES section designating the SC–218—Future ADS–B/TCAS available through the Federal public comment period is incorrect. The Relationships—Discussion—Status. • Information Relay Service (FIRS) at: correction to be made will provide a full SC–203—Unmanned Aircraft (800) 877–8339]. 30-day public comment period, Systems (UAS)—Discussion—Status. • Discussion. SUPPLEMENTARY INFORMATION: RETAC currently identified in FR Doc. No. E9– • 19055, on page 40639, as August 6, SC–214—Standards for Air Traffic arose from a proceeding instituted by 2009. Data Communications Services— the Board, in Establishment of a Rail Discussion—DO–258A, Interoperability Energy Transportation Advisory DATES: Comments must be received on Requirements for ATS Applications Committee, STB Ex Parte No. 670. or before September 21, 2009. Using ARINC 622 Data RETAC was formed to provide advice Issued in Renton, Washington on August Communications. and guidance to the Board, and to serve 12, 2009. • Special Committee Chairman’s as a forum for discussion of emerging Carol Suomi, Reports. issues regarding the transportation by Manager, Seattle Airports District Office, • Other Business. rail of energy resources, particularly, but Northwest Mountain Region. • Closing Plenary (Other Business, not necessarily limited to, coal, ethanol, [FR Doc. E9–20123 Filed 8–20–09; 8:45 am] Document Production, Date and Place of and other biofuels. The purpose of this BILLING CODE 4910–13–M Next Meeting, Adjourn). meeting is to continue discussions Attendance is open to the interested regarding issues such as rail public but limited to space availability. performance, capacity constraints, DEPARTMENT OF TRANSPORTATION With the approval of the chairman, infrastructure planning and members of the public may present oral development, and effective coordination Federal Aviation Administration statements at the meeting. Persons among suppliers, carriers, and users of wishing to present statements or obtain energy resources. Potential agenda items RTCA Program Management information should contact the person include reports from each of the four Committee listed in the FOR FURTHER INFORMATION RETAC subcommittees (Best Practices, AGENCY: Federal Aviation CONTACT section. Capacity Planning, Communication, and Administration (FAA), DOT. Members of the public may present a Performance Measures), a discussion of written statement to the committee at ACTION: Notice of RTCA Program coal dust mitigation, and election of any time. Management Committee meeting. RETAC officers for 2-year terms. Issued in Washington, DC, on August 13, The meeting, which is open to the SUMMARY: The FAA is issuing this notice 2009. public, will be conducted pursuant to to advise the public of a meeting of the Francisco Estrada C., RETAC’s charter and Board procedures. RTCA Program Management Committee. RTCA Advisory Committee. Further communications about this DATES: The meeting will be held [FR Doc. E9–20125 Filed 8–20–09; 8:45 am] meeting may be announced through the Board’s Web site at http:// September 9, 2009 starting at 8:30 a.m. BILLING CODE 4910–13–P to 1:30 p.m. www.stb.dot.gov. This action will not significantly ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW., Suite DEPARTMENT OF TRANSPORTATION affect either the quality of the human 805, Washington, DC 20036. environment or the conservation of energy resources. FOR FURTHER INFORMATION CONTACT: Surface Transportation Board RTCA Secretariat, 1828 L Street, NW., [STB Ex Parte No. 670 (Sub-No. 1)] Authority: 49 U.S.C. 721, 49 U.S.C. 11101; Suite 850, Washington, DC 20036; 49 U.S.C. 11121. telephone (202) 833–9339; fax (202) Notice of Rail Energy Transportation Decided: August 18, 2009. 833–9434; Web site http://www.rtca.org. Advisory Committee Meeting By the Board, Anne K. Quinlan, Acting Secretary. SUPPLEMENTARY INFORMATION: Pursuant AGENCY: Surface Transportation Board. to section 10(a)(2) of the Federal Kulunie L. Cannon, ACTION: Notice of Rail Energy Advisory Committee Act (Pub. L. 92– Clearance Clerk. Transportation Advisory Committee 463, 5 U.S.C., Appendix 2), notice is [FR Doc. E9–20173 Filed 8–20–09; 8:45 am] meeting. hereby given for a NextGen Mid-Term BILLING CODE 4915–01–P

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DEPARTMENT OF TRANSPORTATION Certification Procedure Branch, AIR– of Transportation, 1200 New Jersey 110, 950 L’Enfant Plaza, SW., Fifth Avenue, SE., West Building Ground Federal Aviation Administration floor, Washington, DC 20024, Telephone Floor, Room W12–140, Washington, DC (202) 385–6325, Fax: (202) 385–6475, E- 20590. Public Meeting With Interested mail: [email protected]. • Persons To Discuss the Proposed Fax: Fax comments to the Docket European Aviation Safety Agency Management Facility at 202–493–2251. Federal Aviation Administration Policy ´ (EASA): Mr. Jan Novak, Rulemaking • (Draft AC 21.101A) Establishing the Directorate, Initial Airworthiness Hand Delivery: Bring comments to Certification Basis for Changed Rulemaking Officer, European Aviation the Docket Management Facility in Aeronautical Products Safety Agency, Postfach 10 12 53, D– Room W12–140 of the West Building 50452 Ko¨ln Germany Telephone: +49 Ground Floor at 1200 New Jersey AGENCY: Federal Aviation Avenue, SE., Washington, DC, between Administration (DOT) 221 89990 5015, Fax: +49 221 89990 5515, E-mail: 9 a.m. and 5 p.m., Monday through ACTION: Notice of public meetings. [email protected]. Friday, except Federal holidays. SUMMARY: The Federal Aviation Transport Canada Civil Aviation Privacy: We will post all comments Administration (FAA), along with (TCCA): Mr. Eric Lucas, Standards we receive, without change, to http:// Transport Canada Civil Aviation Branch, AARTC, Transport Canada Civil www.regulations.gov, including any (TCCA), and the European Aviation Aviation, 330 Sparks Street, 2nd Floor, personal information you provide. Safety Agency (EASA), will hold two Ottawa, Ontario, Canada K1A 0N8, Using the search function of our docket informational meetings to discuss the Telephone (613) 949–8515, Fax: (613) Web site, anyone can find and read the interpretations, applications, and 952–3298, E-mail: [email protected]. comments received into any of our harmonization of the Title 14 of the Issued in Washington, DC, on August 18, dockets, including the name of the Code of Federal Regulations (14 CFR) 2009. individual sending the comment (or § 21.101, derived advisory circular (AC) Susan J. M Cabler, signing the comment for an association, 21.101, Establishing the Certification Assistant Manager, Aircraft Engineering business, labor union, etc.). You may Basis of Changed Aeronautical Products Division, Aircraft Certification Service. review DOT’s complete Privacy Act (a.k.a. Change Product Rule (CPR)). [FR Doc. E9–20126 Filed 8–20–09; 8:45 am] Statement in the Federal Register published on April 11, 2000 (65 FR Beginning in October 2007, the FAA, BILLING CODE 4910–13–P TCCA, and EASA chartered an 19477–78). International Implementation Team (IIT) Docket: To read background to revise the current CPR AC 21.101, by DEPARTMENT OF TRANSPORTATION documents or comments received, go to incorporating the lessons learned since http://www.regulations.gov at any time the rule’s inception, by improving and Federal Aviation Administration or to the Docket Management Facility in clarifying the guidance in Revision ‘‘A’’ [Summary Notice No. PE–2009–36] Room W12–140 of the West Building of the CPR AC. Ground Floor at 1200 New Jersey Meeting Dates and Locations: Petition for Exemption; Summary of Avenue, SE., Washington, DC, between Europe (EASA): September 23, 2009 in Petition Received 9 a.m. and 5 p.m., Monday through Cologne, Germany. Friday, except Federal holidays. AGENCY: Federal Aviation North America (FAA, TCCA): October 7, Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: 2009 in Washington, DC. ACTION: Notice of petition for exemption Ralen Gao, Office of Rulemaking, ARM– The North American meeting is received. 209, Federal Aviation Administration, intended to include interested persons 800 Independent Avenue, SW., Room for both the United States of America SUMMARY: This notice contains a 810, Washington, DC 20591, fax 202– and Canada. summary of a petition seeking relief 267–5075, telephone 202–267–3168. If you plan to attend either or both of from specified requirements of 14 CFR. This notice is published pursuant to 14 the meetings, please forward your The purpose of this notice is to improve CFR 11.85. preferred location(s) via the following e- the public’s awareness of, and mail address: AWA-AVS-CPR-IIT– Issued in Washington, DC, on August 17, participation in, this aspect of FAA’s 2009. [email protected] before August 31, regulatory activities. Neither publication Pamela Hamilton-Powell, 2009. Specific information pertaining to of this notice nor the inclusion or the meeting locations and times will be omission of information in the summary Director, Office of Rulemaking. forwarded to those who respond to the is intended to affect the legal status of Petition for Exemption above email address as it develops. the petition or its final disposition. DATES: These meetings will be held on DATES: Comments on this petition must Docket No.: FAA–2009–0648. September 23, 2009, in Cologne, identify the petition docket number Petitioner: Air Transport Association. Germany, and on October 7, 2009, in involved and must be received on or Section of 14 CFR Affected: 14 CFR Washington, DC. before September 10, 2009. 121.1105(e). ADDRESSES: The addresses for the ADDRESSES: You may send comments specific meetings will be provided to Description of Relief Sought: identified by Docket Number FAA– Petitioner seeks relief from the 60-day those individuals planning to attend at 2009–0648 using any of the following a later date. notification requirement in methods: § 121.1105(e) when an air carrier uses a FOR FURTHER INFORMATION CONTACT: To • Government-wide rulemaking Web designated airworthiness representative obtain additional details on the two site: Go to http://www.regulations.gov to accomplish the required aircraft meetings, please contact the following: and follow the instructions for sending records review and inspections. Federal Aviation Administration your comments electronically. (FAA): Mr. Randall Petersen, AIR–110, • Mail: Send comments to the Docket [FR Doc. E9–20058 Filed 8–20–09; 8:45 am] Federal Aviation Administration, Management Facility; U.S. Department BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION proposed trackage rights exemptions, by DEPARTMENT OF TRANSPORTATION August 21, 2009. Surface Transportation Board As a condition to this exemption, any Surface Transportation Board employee affected by the acquisition of [STB Finance Docket No. 35271] the trackage rights will be protected by [STB Finance Docket No. 35280] the conditions imposed in Norfolk and Grand Trunk Western Railroad Western Ry. Co.—Trackage Rights—BN, Wisconsin Central Ltd.—Trackage Company—Trackage Rights 354 I.C.C. 605 (1978), as modified in Rights Exemption—Grand Trunk Exemption—Illinois Central Railroad Mendocino Coast Ry., Inc.—Lease and Western Railroad Company Company Operate, 360 I.C.C. 653 (1980). Pursuant to a written trackage rights Pursuant to a written trackage rights This notice is filed under 49 CFR agreement dated July 13, 2009, Grand agreement dated July 13, 2009, Illinois 1180.2(d)(7). If the notice contains false Trunk Western Railroad Company Central Railroad Company (IC) has or misleading information, the (GTW) has agreed to grant nonexclusive agreed to grant Grand Trunk Western exemption is void ab initio. Petitions to trackage rights to Wisconsin Central Ltd. Railroad Company (GTW) non-exclusive revoke the exemption under 49 U.S.C. (WCL) over 12.9 miles of GTW’s Elsdon trackage rights over 4.8 miles of IC’s 10502(d) may be filed at any time. The Subdivision between GTW’s connection Freeport Subdivision between milepost filing of a petition to revoke will not with Illinois Central Railroad Company 3.5 at Chicago, IL (Bridgeport) and IC’s automatically stay the effectiveness of at or near milepost 23.2 (CN Junction) connection with The Belt Railway the exemption. Stay petitions must be at Harvey, IL and the east side of the Company of Chicago and Chicago, filed by August 27, 2009 (at least 7 days interlocking plant for GTW’s connection Central & Pacific Railroad Company at before the exemption becomes with Elgin, Joliet & Eastern Railway or near milepost 8.3 at Chicago (Belt effective). Company at or near milepost 36.1 Crossing).1 Pursuant to the Consolidated (Griffith), at Griffith, IN.1 The transaction is scheduled to be Appropriations Act, 2008, Public Law consummated on September 3, 2009, the 110–161, section 193, 121 Stat. 1844 The transaction is scheduled to be effective date of the exemption (30 days (2007), nothing in this decision consummated on or about September 3, after the exemption is filed). The authorizes the following activities at any 2009, the effective date of the exemption purpose of the trackage rights is to solid waste rail transfer facility: (30 days after the exemption is filed). enable GTW to efficiently handle freight collecting, storing, or transferring solid The purpose of the trackage rights is to movements between Bridgeport and waste outside of its original shipping enable GTW to efficiently handle freight Chicago (Belt Crossing), on IC’s Freeport container; or separating or processing movements between CN Jct. and Griffith Subdivision. The transaction also solid waste (including baling, crushing, on GTW’s Elsdon Subdivision. The extends to all industry spurs, compacting, and shredding). The term transaction also extends to all industry connecting tracks and sidings now ‘‘solid waste’’ is defined in section 1004 spurs, connecting tracks and sidings existent or hereafter constructed along of the Solid Waste Disposal Act, 42 now existent or hereafter constructed the tracks to be used here, and right-of- U.S.C. 6903. along the tracks to be used here, and way for the tracks to be used here, An original and 10 copies of all right-of-way for the tracks to be used signals, interlocking devices and plants, pleadings, referring to STB Finance here, signals, interlocking devices and telegraph and telephone lines, and other Docket No. 35271, must be filed with plants, telegraph and telephone lines, appurtenances necessary to the use of the Surface Transportation Board, 395 E and other appurtenances necessary to those tracks. Street, SW., Washington, DC 20423– the use of those tracks. This is one of 17 notices of exemption 0001. In addition, a copy of each This is one of 17 notices of exemption for trackage rights in the Chicago area pleading must be served on Thomas J. for trackage rights in the Chicago area submitted simultaneously by carrier Healey, Counsel—Regulatory, CN, submitted simultaneously by carrier subsidiaries of the Canadian National 17641 S. Ashland Avenue, Homewood, subsidiaries of the Canadian National Railway Company (CN). We note that IL 60430. Railway Company (CN). We note that the involved lines of railroad were Board decisions and notices are the involved lines of railroad were examined as part of the project area in available on our Web site at http:// examined as part of the project area in Canadian National Railway Company www.stb.dot.gov. Canadian National Railway Company and Grand Trunk Corporation— It is ordered: and Grand Trunk Corporation— Control—EJ&E West Company, Finance The carriers filing this notice and CN Control—EJ&E West Company, Finance Docket No. 35087 (STB served Dec. 24, are hereby directed to file by August 21, Docket No. 35087 (STB served Dec. 24, 2008) (CN—EJ&E). Neither CN nor any 2009: (1) An explanation of how this 2008) (CN—EJ&E). Neither CN nor any of the carriers submitting these notices notice relates to the 16 other notices of the carriers submitting these notices has explained how the notices relate to filed simultaneously by carrier has explained how the notices relate to each other, or how they would impact subsidiaries of CN, (2) an explanation of each other, or how they would impact the operational information provided to how these notices would impact the the operational information provided to the Board in CN—EJ&E. CN and its operational information provided to the the Board in CN—EJ&E. CN and its carrier subsidiaries are directed to Board in CN—EJ&E, and (3) a color- carrier subsidiaries are directed to submit this information, as well as a coded map. submit this information, as well as a color-coded map showing all 17 color-coded map showing all 17 Decided: August 17, 2009.

1 By the Board, Rachel D. Campbell, 1 A redacted version of the trackage rights Director, Office of Proceedings. A redacted version of the trackage rights agreement between IC and GTW was filed with the agreement between GTW and WCL was filed with notice of exemption. The full version of the Jeffrey Herzig, the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a was concurrently filed under seal along with a motion for protective order. The motion is being [FR Doc. E9–20114 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being addressed in a separate decision. BILLING CODE 4915–01–P addressed in a separate decision.

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proposed trackage rights exemptions, by DEPARTMENT OF TRANSPORTATION proposed trackage rights exemptions, by August 21, 2009. August 21, 2009. As a condition to this exemption, any Surface Transportation Board As a condition to this exemption, any employees affected by the acquisition of [STB Finance Docket No. 35275] employees affected by the acquisition of the trackage rights will be protected by the trackage rights will be protected by the conditions imposed in Norfolk and Chicago Central & Pacific Railroad the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, Company—Trackage Rights Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Exemption—Illinois Central Railroad 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Company Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR agreement dated July 13, 2009, Illinois This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false Central Railroad Company (IC) has 1180.2(d)(7). If the notice contains false or misleading information, the agreed to grant Chicago Central & Pacific or misleading information, the exemption is void ab initio. Petitions to Railroad Company (CCP) nonexclusive exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. trackage rights over IC’s line of railroad revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The between milepost 8.3 (Belt Crossing) at 10502(d) may be filed at any time. The filing of a petition to revoke will not Chicago, IL, and milepost 2.1 at 16th filing of a petition to revoke will not automatically stay the effectiveness of Street in Chicago, on IC’s Freeport automatically stay the effectiveness of the exemption. Stay petitions must be Subdivision, and between milepost 1.5 the exemption. Stay petitions must be filed by August 27, 2009 (at least 7 days at 16th Street in Chicago and milepost filed by August 27, 2009 (at least 7 days before the exemption becomes 31.6 (Stuenkel Road) at University Park, before the exemption becomes effective). IL, on IC’s Chicago Subdivision, a effective). Pursuant to the Consolidated distance of approximately 36.3 miles, all Pursuant to the Consolidated Appropriations Act, 2008, Public Law in the State of Illinois.1 Appropriations Act, 2008, Public Law 110–161, § 193, 121 Stat. 1844 (2007), The transaction is scheduled to be 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the consummated on or about September 3, nothing in this decision authorizes the following activities at any solid waste 2009, the effective date of the exemption following activities at any solid waste rail transfer facility: collecting, storing, (30 days after the exemption is filed). rail transfer facility: collecting, storing, or transferring solid waste outside of its The purpose of the trackage rights is to or transferring solid waste outside of its original shipping container; or enable CCP to efficiently handle freight original shipping container; or separating or processing solid waste movements between Belt Crossing, separating or processing solid waste (including baling, crushing, compacting, Chicago, and University Park. The (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ transaction also extends to all industry and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid spurs, connecting tracks and sidings is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. now existent or hereafter constructed Waste Disposal Act, 42 U.S.C. 6903. An original and 10 copies of all along the tracks to be used here, and An original and 10 copies of all pleadings, referring to STB Finance right-of-way for the tracks to be used pleadings, referring to STB Finance Docket No. 35280, must be filed with here, signals, interlocking devices and Docket No. 35275, must be filed with the Surface Transportation Board, 395 E plants, telegraph and telephone lines, the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– and other appurtenances necessary to Street, SW., Washington, DC 20423– 0001. In addition, a copy of each the use of those tracks. 0001. In addition, a copy of each pleading must be served on Thomas J. This is one of 17 notices of exemption pleading must be served on Thomas J. Healey, Counsel—Regulatory, CN, for trackage rights in the Chicago area Healey, Counsel—Regulatory, CN, 17641 S. Ashland Ave., Homewood, IL submitted simultaneously by carrier 17641 S. Ashland Avenue, Homewood, 60430. subsidiaries of the Canadian National IL 60430. Railway Company (CN). We note that Board decisions and notices are the involved lines of railroad were Board decisions and notices are available on our Web site at ‘‘http:// examined as part of the project area in available on our Web site at http:// www.stb.dot.gov.’’ Canadian National Railway Company www.stb.dot.gov. It is ordered: and Grand Trunk Corporation— It is ordered: The carriers filing this notice and CN Control—EJ&E West Company, Finance The carriers filing this notice and CN are hereby directed to file by August 21, Docket No. 35087 (STB served Dec. 24, are hereby directed to file by August 21, 2009: (1) An explanation of how this 2008) (CN—EJ&E). Neither CN nor any 2009: (1) An explanation of how this notice relates to the 16 other notices of the carriers submitting these notices notice relates to the 16 other notices filed simultaneously by carrier has explained how the notices relate to filed simultaneously by carrier subsidiaries of CN, (2) an explanation of each other, or how they would impact subsidiaries of CN, (2) an explanation of how these notices would impact the the operational information provided to how these notices would impact the operational information provided to the the Board in CN—EJ&E. CN and its operational information provided to the Board in CN—EJ&E and (3) a color- carrier subsidiaries are directed to Board in CN—EJ&E and (3) a color- coded map. submit this information, as well as a coded map. Decided: August 17, 2009. color-coded map showing all 17 Decided: August 17, 2009.

By the Board, Rachel D. Campbell, 1 By the Board, Rachel D. Campbell, Director, Office of Proceedings. A redacted version of the trackage rights Director, Office of Proceedings. agreement between IC and CCP was filed with the Kulunie L. Cannon, notice of exemption. The full version of the Kulunie L. Cannon, Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. was concurrently filed under seal along with a [FR Doc. E9–20088 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being [FR Doc. E9–20087 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P addressed in a separate decision. BILLING CODE 4915–01–P

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DEPARTMENT OF TRANSPORTATION As a condition to this exemption, any DEPARTMENT OF TRANSPORTATION employee affected by the acquisition of Surface Transportation Board the trackage rights will be protected by Surface Transportation Board [STB Finance Docket No. 35279] the conditions imposed in Norfolk and [STB Finance Docket No. 35277] Western Ry. Co.—Trackage Rights—BN, Wisconsin Central Ltd.—Trackage 354 I.C.C. 605 (1978), as modified in Chicago Central & Pacific Railroad Rights Exemption—Illinois Central Mendocino Coast Ry., Inc.—Lease and Company—Trackage Rights Railroad Company Operate, 360 I.C.C. 653 (1980). Exemption—Wisconsin Central, Ltd. Pursuant to a written trackage rights This notice is filed under 49 CFR Pursuant to a written trackage rights agreement dated July 13, 2009, Illinois 1180.2(d)(7). If the notice contains false agreement dated July 13, 2009, Central Railroad Company (IC) has or misleading information, the Wisconsin Central, Ltd. (WCL) has agreed to grant Wisconsin Central Ltd. exemption is void ab initio. Petitions to agreed to grant nonexclusive trackage (WCL) non-exclusive trackage rights revoke the exemption under 49 U.S.C. rights to Chicago Central & Pacific over 23.6 miles of IC’s Joliet Subdivision 10502(d) may be filed at any time. The Railroad Company (CCP) over WCL’s between IC’s connection with Indiana filing of a petition to revoke will not line of railroad extending between the Harbor Belt Railroad Company at or automatically stay the effectiveness of connection with Elgin, Joliet & Eastern near milepost 13.1 (CP Canal), at Argo, the exemption. Stay petitions must be Railway Company trackage at or near IL, and IC’s connection with Union filed by August 28, 2009 (at least 7 days milepost 37.9 at Leithton, IL, and the Pacific Railroad Company at or near before the exemption becomes connection with CSX Transportation, milepost 36.7 (Jackson Street), at Joliet, effective). Inc. trackage at or near milepost 10.9 at IL.1 Forest Park, IL (Madison Street), on Pursuant to the Consolidated WCL proposes to consummate the WCL’s Waukesha Subdivision, a Appropriations Act, 2008, Public Law transaction on or about September 3, distance of approximately 27.0.miles, all 110–161, § 193, 121 Stat. 1844 (2007), 2009, but the earliest it may be in the State of Illinois.1 consummated is September 4, 2009, the nothing in this decision authorizes the The transaction is scheduled to be effective date of the exemption (30 days following activities at any solid waste consummated on or about September 3, after the exemption was filed). The rail transfer facility: collecting, storing, 2009, the effective date of the exemption purpose of the trackage rights is to or transferring solid waste outside of its (30 days after the exemption is filed). enable WCL to efficiently handle freight original shipping container; or The purpose of the trackage rights is to movements between Argo and Joliet, separating or processing solid waste enable CCP to efficiently handle freight over IC’s Joliet Subdivision. The (including baling, crushing, compacting, movements between Leithton and Forest transaction also extends to all industry and shredding). The term ‘‘solid waste’’ Park. The transaction also extends to all spurs, connecting tracks and sidings is defined in section 1004 of the Solid industry spurs, connecting tracks and now existent or hereafter constructed Waste Disposal Act, 42 U.S.C. 6903. sidings now existent or hereafter along the tracks to be used here, and An original and 10 copies of all constructed along the tracks to be used right-of-way for the tracks to be used pleadings, referring to STB Finance here, and right-of-way for the tracks to here, signals, interlocking devices and Docket No. 35279, must be filed with be used here, signals, interlocking plants, telegraph and telephone lines, the Surface Transportation Board, 395 E devices and plants, telegraph and and other appurtenances necessary to Street, SW., Washington, DC 20423– telephone lines, and other the use of those tracks. 0001. In addition, a copy of each appurtenances necessary to the use of This is one of 17 notices of exemption pleading must be served on Thomas J. those tracks. for trackage rights in the Chicago area Healey, Counsel—Regulatory, CN, This is one of 17 notices of exemption submitted simultaneously by carrier 17641 S. Ashland Avenue, Homewood, for trackage rights in the Chicago area subsidiaries of the Canadian National IL 60430. submitted simultaneously by carrier Railway Company (CN). We note that subsidiaries of the Canadian National the involved lines of railroad were Board decisions and notices are Railway Company (CN). We note that examined as part of the project area in available on our Web site at ‘‘http:// the involved lines of railroad were Canadian National Railway Company www.stb.dot.gov.’’ examined as part of the project area in and Grand Trunk Corporation— It is ordered: Canadian National Railway Company Control—EJ&E West Company, Finance The carriers filing this notice and CN and Grand Trunk Corporation— Docket No. 35087 (STB served Dec. 24, are hereby directed to file by August 21, Control—EJ&E West Company, Finance 2008) (CN—EJ&E). Neither CN nor any 2009: (1) An explanation of how this Docket No. 35087 (STB served Dec. 24, of the carriers submitting these notices notice relates to the 16 other notices 2008) (CN—EJ&E). Neither CN nor any has explained how the notices relate to of the carriers submitting these notices filed simultaneously by carrier each other, or how they would impact has explained how the notices relate to subsidiaries of CN, (2) an explanation of the information provided to the Board each other, or how they would impact how these notices would impact the in CN—EJ&E. CN and its carrier the information provided to the Board operational information provided to the subsidiaries are directed to submit this in CN—EJ&E. CN and its carrier Board in CN—EJ&E, and (3) a color- information, as well as a color-coded subsidiaries are directed to submit this map showing all 17 proposed trackage coded map. information, as well as a color-coded rights exemptions, by August 21, 2009. Decided: August 17, 2009. map showing all 17 proposed By the Board, Rachel D. Campbell, 1 A redacted version of the trackage rights Director, Office of Proceedings. 1 A redacted version of the trackage rights agreement between IC and WCL was filed with the agreement between WCL and CCP was filed with notice of exemption. The full version of the Kulunie L. Cannon, the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a was concurrently filed under seal along with a motion for protective order. The motion is being [FR Doc. E9–20086 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being addressed in a separate decision. BILLING CODE 4915–01–P addressed in a separate decision.

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trackage rights exemptions, by August DEPARTMENT OF TRANSPORTATION proposed trackage rights exemptions, by 21, 2009. August 21, 2009. As a condition to this exemption, any Surface Transportation Board As a condition to this exemption, any employees affected by the acquisition of employees affected by the acquisition of the trackage rights will be protected by [STB Finance Docket No. 35267] the trackage rights will be protected by the conditions imposed in Norfolk and Illinois Central Railroad Company— the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, Trackage Rights Exemption—Chicago Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Central & Pacific Railroad Company 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR agreement dated July 13, 2009, Chicago This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false Central & Pacific Railroad Company 1180.2(d)(7). If the notice contains false or misleading information, the (CCP) has agreed to grant Illinois Central or misleading information, the exemption is void ab initio. Petitions to Railroad Company (IC) nonexclusive exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. trackage rights over CCP’s line of revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The railroad between CCP’s connection with 10502(d) may be filed at any time. The filing of a petition to revoke will not the Elgin, Joliet & Eastern Railway filing of a petition to revoke will not automatically stay the effectiveness of Company at or near CCP’s milepost 35.7 automatically stay the effectiveness of the exemption. Stay petitions must be at Munger, IL, and CCP’s connection the exemption. Stay petitions must be filed by August 27, 2009 (at least 7 days with IC at or near CCP’s milepost 8.3 filed by August 27, 2009 (at least 7 days before the exemption becomes (Belt Crossing) at Chicago, IL, on CCP’s before the exemption becomes effective). Freeport Subdivision, a distance of effective). Pursuant to the Consolidated approximately 27.4 miles, all in the Pursuant to the Consolidated 1 Appropriations Act, 2008, Public Law State of Illinois. Appropriations Act, 2008, Public Law 110–161, § 193, 121 Stat. 1844 (2007), The transaction is scheduled to be 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the consummated on or about September 3, nothing in this decision authorizes the following activities at any solid waste 2009, the effective date of the exemption following activities at any solid waste rail transfer facility: collecting, storing, (30 days after the exemption is filed). rail transfer facility: collecting, storing, or transferring solid waste outside of its The purpose of the trackage rights is to or transferring solid waste outside of its original shipping container; or enable IC to efficiently handle freight original shipping container; or separating or processing solid waste movements between Munger and Belt separating or processing solid waste (including baling, crushing, compacting, Crossing at Chicago. The transaction (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ also extends to all industry spurs, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid connecting tracks and sidings now is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. existent or hereafter constructed along Waste Disposal Act, 42 U.S.C. 6903. the tracks to be used here, and right-of- An original and 10 copies of all way for the tracks to be used here, An original and 10 copies of all pleadings, referring to STB Finance signals, interlocking devices and plants, pleadings, referring to STB Finance Docket No. 35277, must be filed with telegraph and telephone lines, and other Docket No. 35267, must be filed with the Surface Transportation Board, 395 E appurtenances necessary to the use of the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– those tracks. Street, SW., Washington, DC 20423– 0001. In addition, a copy of each This is one of 17 notices of exemption 0001. In addition, a copy of each pleading must be served on Thomas J. for trackage rights in the Chicago area pleading must be served on Thomas J. Healey, Counsel—Regulatory, CN, submitted simultaneously by carrier Healey, Counsel—Regulatory, CN, 17641 S. Ashland Ave., Homewood, IL subsidiaries of the Canadian National 17641 S. Ashland Avenue, Homewood, 60430. Railway Company (CN). We note that IL 60430. Board decisions and notices are the involved lines of railroad were Board decisions and notices are available on our Web site at http:// examined as part of the project area in available on our Web site at http:// www.stb.dot.gov. Canadian National Railway Company www.stb.dot.gov. It is ordered: and Grand Trunk Corporation— It is ordered: The carriers filing this notice and CN Control—EJ&E West Company, Finance The carriers filing this notice and CN are hereby directed to file by August 21, Docket No. 35087 (STB served Dec. 24, are hereby directed to file by August 21, 2009: (1) An explanation of how this 2008) (CN—EJ&E). Neither CN nor any 2009: (1) An explanation of how this notice relates to the 16 other notices of the carriers submitting these notices notice relates to the 16 other notices filed simultaneously by carrier has explained how the notices relate to filed simultaneously by carrier subsidiaries of CN, (2) an explanation of each other, or how they would impact subsidiaries of CN, (2) an explanation of how these notices would impact the the operational information provided to how these notices would impact the operational information provided to the the Board in CN—EJ&E. CN and its operational information provided to the Board in CN—EJ&E, and (3) a color- carrier subsidiaries are directed to Board in CN—EJ&E, and a color-coded coded map. submit this information, as well as a map. color-coded map showing all 17 Decided: August 17, 2009. Decided: August 17, 2009.

By the Board, Rachel D. Campbell, 1 By the Board, Rachel D. Campbell, Director, Office of Proceedings. A redacted version of the trackage rights Director, Office of Proceedings. agreement between CCP and IC was filed with the Kulunie L. Cannon, notice of exemption. The full version of the Kulunie L. Cannon, Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. was concurrently filed under seal along with a [FR Doc. E9–20085 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being [FR Doc. E9–20082 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P addressed in a separate decision. BILLING CODE 4915–01–P

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DEPARTMENT OF TRANSPORTATION submit this information, as well as a DEPARTMENT OF TRANSPORTATION color-coded map showing all 17 Surface Transportation Board proposed trackage rights exemptions, by Surface Transportation Board [STB Finance Docket No. 35273] August 21, 2009. As a condition to this exemption, any [STB Finance Docket No. 35276] Grand Trunk Western Railroad employees affected by the acquisition of Company—Trackage Rights the trackage rights will be protected by Chicago Central & Pacific Railroad Exemption—Wisconsin Central, Ltd. the conditions imposed in Norfolk and Company—Trackage Rights Western Ry. Co.—Trackage Rights—BN, Exemption—Illinois Central Railroad Pursuant to a written trackage rights 354 I.C.C. 605 (1978), as modified in Company agreement dated July 13, 2009, Mendocino Coast Ry., Inc.—Lease and Wisconsin Central, Ltd. (WCL) has Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). agreement dated July 13, 2009, Illinois agreed to grant nonexclusive trackage This notice is filed under 49 CFR Central Railroad Company (IC) has rights to Grand Trunk Western Railroad 1180.2(d)(7). If the notice contains false agreed to grant nonexclusive trackage Company (GTW) over WCL’s line of or misleading information, the rights to Chicago Central & Pacific railroad extending between the exemption is void ab initio. Petitions to Railroad Company (CCP) over IC’s line connection with Elgin, Joliet & Eastern revoke the exemption under 49 U.S.C. of railroad extending between milepost Railway Company trackage at or near 10502(d) may be filed at any time. The 3.5 (Bridgeport) at Chicago, IL, and the milepost 37.9 at Leithton, IL, and the filing of a petition to revoke will not connection with Union Pacific Railroad connection with CSX Transportation, automatically stay the effectiveness of Company trackage at or near milepost Inc. trackage at or near milepost 10.9 at the exemption. Stay petitions must be 36.7 (Jackson Street) at Joliet, IL, on IC’s Forest Park, IL (Madison Street), on filed by August 28, 2009 (at least 7 days Joliet Subdivision, a distance of WCL’s Waukesha Subdivision, a before the exemption becomes distance of approximately 27.0 miles, all approximately 33.2 miles, all in the effective). 1 1 State of Illinois. in the State of Illinois. Pursuant to the Consolidated The transaction is scheduled to be GTW proposes to consummate the Appropriations Act, 2008, Public Law consummated on or about September 3, transaction on or about September 3, 110–161, § 193, 121 Stat. 1844 (2007), 2009, the effective date of the exemption 2009, but the earliest it may be nothing in this decision authorizes the (30 days after the exemption is filed). consummated is September 4, 2009, the following activities at any solid waste The purpose of the trackage rights is to effective date of the exemption (30 days rail transfer facility: collecting, storing, enable CCP to efficiently handle freight after the exemption is filed). The or transferring solid waste outside of its movements between Bridgeport and purpose of the trackage rights is to original shipping container; or Joliet. The transaction also extends to all enable GTW to efficiently handle freight separating or processing solid waste industry spurs, connecting tracks and movements between Leithton and Forest (including baling, crushing, compacting, sidings now existent or hereafter Park. The transaction also extends to all and shredding). The term ‘‘solid waste’’ constructed along the tracks to be used industry spurs, connecting tracks and is defined in section 1004 of the Solid here, and right-of-way for the tracks to sidings now existent or hereafter Waste Disposal Act, 42 U.S.C. 6903. constructed along the tracks to be used An original and 10 copies of all be used here, signals, interlocking here, and right-of-way for the tracks to pleadings, referring to STB Finance devices and plants, telegraph and be used here, signals, interlocking Docket No. 35273, must be filed with telephone lines, and other devices and plants, telegraph and the Surface Transportation Board, 395 E appurtenances necessary to the use of telephone lines, and other Street, SW., Washington, DC 20423– those tracks. appurtenances necessary to the use of 0001. In addition, a copy of each This is one of 17 notices of exemption those tracks. pleading must be served on Thomas J. for trackage rights in the Chicago area This is one of 17 notices of exemption Healey, Counsel—Regulatory, CN, submitted simultaneously by carrier for trackage rights in the Chicago area 17641 S. Ashland Ave., Homewood, IL subsidiaries of the Canadian National submitted simultaneously by carrier 60430. Railway Company (CN). We note that subsidiaries of the Canadian National Board decisions and notices are the involved lines of railroad were Railway Company (CN). We note that available on our Web site at ‘‘http:// examined as part of the project area in the involved lines of railroad were www.stb.dot.gov.’’ Canadian National Railway Company examined as part of the project area in It is ordered: and Grand Trunk Corporation— Canadian National Railway Company The carriers filing this notice and CN Control—EJ&E West Company, Finance and Grand Trunk Corporation— are hereby directed to file by August 21, Docket No. 35087 (STB served Dec. 24, Control—EJ&E West Company, Finance 2009: (1) An explanation of how this 2008) (CN—EJ&E). Neither CN nor any Docket No. 35087 (STB served Dec. 24, notice relates to the 16 other notices of the carriers submitting these notices 2008) (CN—EJ&E). Neither CN nor any filed simultaneously by carrier has explained how the notices relate to of the carriers submitting these notices subsidiaries of CN, (2) an explanation of each other, or how they would impact has explained how the notices relate to how these notices would impact the the information provided to the Board each other, or how they would impact operational information provided to the in CN—EJ&E. CN and its carrier the operational information provided to Board in CN—EJ&E, and (3) a color- subsidiaries are directed to submit this the Board in CN—EJ&E. CN and its coded map. information, as well as a color-coded map showing all 17 proposed carrier subsidiaries are directed to Decided: August 17, 2009.

1 By the Board, Rachel D. Campbell, 1 A redacted version of the trackage rights Director, Office of Proceedings. A redacted version of the trackage rights agreement between WCL and GTW was filed with agreement between IC and CCP was filed with the the notice of exemption. The full version of the Kulunie L. Cannon, notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a was concurrently filed under seal along with a motion for protective order. The motion is being [FR Doc. E9–20078 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being addressed in a separate decision. BILLING CODE 4915–01–P addressed in a separate decision.

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trackage rights exemptions, by August DEPARTMENT OF TRANSPORTATION the operational information provided to 21, 2009. the Board in CN—EJ&E. CNR and its Surface Transportation Board As a condition to this exemption, any carrier subsidiaries are directed to employees affected by the acquisition of [STB Finance Docket No. 35274] submit this information, as well as a the trackage rights will be protected by color-coded map showing all 17 the conditions imposed in Norfolk and Grand Trunk Western Railroad proposed trackage rights exemptions, by Western Ry. Co.—Trackage Rights—BN, Company—Trackage Rights August 21, 2009. 354 I.C.C. 605 (1978), as modified in Exemption—Chicago Central & Pacific As a condition to this exemption, any Mendocino Coast Ry., Inc.—Lease and Railroad Company employees affected by the acquisition of Operate, 360 I.C.C. 653 (1980). Pursuant to a written trackage rights the trackage rights will be protected by This notice is filed under 49 CFR agreement dated July 13, 2009, Chicago the conditions imposed in Norfolk and 1180.2(d)(7). If the notice contains false Central & Pacific Railroad Company Western Ry. Co.—Trackage Rights—BN, or misleading information, the (CCP) has agreed to grant nonexclusive 354 I.C.C. 605 (1978), as modified in exemption is void ab initio. Petitions to trackage rights to Grand Trunk Western Mendocino Coast Ry., Inc.—Lease and revoke the exemption under 49 U.S.C. Railroad Company (GTW) over 27.4 Operate, 360 I.C.C. 653 (1980). 10502(d) may be filed at any time. The miles of CCP’s Freeport Subdivision This notice is filed under 49 CFR filing of a petition to revoke will not between CCP’s connection with the 1180.2(d)(7). If the notice contains false automatically stay the effectiveness of Elgin, Joliet & Eastern Railway Company or misleading information, the the exemption. Stay petitions must be at or near CCP’s milepost 35.7 (Munger) exemption is void ab initio. Petitions to filed by August 27, 2009 (at least 7 days at Munger, IL, and CCP’s connection revoke the exemption under 49 U.S.C. before the exemption becomes with the Illinois Central Railroad 10502(d) may be filed at any time. The effective). Company and the Belt Railway filing of a petition to revoke will not Pursuant to the Consolidated Company of Chicago at or near CCP’s automatically stay the effectiveness of Appropriations Act, 2008, Public Law milepost 8.3 (Belt Crossing) at Chicago, the exemption. Stay petitions must be 1 110–161, § 193, 121 Stat. 1844 (2007), IL. filed by August 27, 2009 (at least 7 days nothing in this decision authorizes the The transaction is scheduled to be before the exemption becomes following activities at any solid waste consummated on or about September 3, effective). 2009, the effective date of the exemption rail transfer facility: collecting, storing, Pursuant to the Consolidated or transferring solid waste outside of its (30 days after the exemption is filed). The purpose of the trackage rights is to Appropriations Act, 2008, Public Law original shipping container; or No. 110–161, § 193, 121 Stat. 1844 separating or processing solid waste enable GTW to efficiently handle freight movements between Munger and Belt (2007), nothing in this decision (including baling, crushing, compacting, authorizes the following activities at any and shredding). The term ‘‘solid waste’’ Crossing at Chicago. The transaction also extends to all industry spurs, solid waste rail transfer facility: is defined in section 1004 of the Solid Collecting, storing, or transferring solid Waste Disposal Act, 42 U.S.C. 6903. connecting tracks and sidings now existent or hereafter constructed along waste outside of its original shipping An original and 10 copies of all the tracks to be used here, and right-of- container; or separating or processing pleadings, referring to STB Finance way for the tracks to be used here, solid waste (including baling, crushing, Docket No. 35276, must be filed with signals, interlocking devices and plants, compacting, and shredding). The term the Surface Transportation Board, 395 E telegraph and telephone lines, and other ‘‘solid waste’’ is defined in section 1004 Street, SW., Washington, DC 20423– appurtenances necessary to the use of of the Solid Waste Disposal Act, 42 0001. In addition, a copy of each those tracks. U.S.C. 6903. pleading must be served on Thomas J. The transaction is scheduled to be An original and 10 copies of all Healey, Counsel—Regulatory, CN, consummated on or about September 4, pleadings, referring to STB Finance 17641 S. Ashland Ave., Homewood, IL 2009, the effective date of the exemption Docket No. 35274, must be filed with 60430. (30 days after the exemption is filed). the Surface Transportation Board, 395 E Board decisions and notices are This is one of 17 notices of exemption Street, SW., Washington, DC 20423– available on our Web site at ‘‘http:// for trackage rights in the Chicago area 0001. In addition, a copy of each www.stb.dot.gov.’’ submitted simultaneously by carrier pleading must be served on Thomas J. subsidiaries of the Canadian National It is ordered: Healey, Counsel—Regulatory, CN, Railway Company (CN). We note that 17641 S. Ashland Ave., Homewood, IL The carriers filing this notice and CN the involved lines of railroad were 60430. are hereby directed to file by August 21, examined as part of the project area in 2009: (1) An explanation of how this Canadian National Railway Company Board decisions and notices are notice relates to the 16 other notices and Grand Trunk Corporation— available on our Web site at ‘‘http:// filed simultaneously by carrier Control—EJ&E West Company, Finance www.stb.dot.gov.’’ subsidiaries of CN, (2) an explanation of Docket No. 35087 (STB served Dec. 24, It is ordered: how these notices would impact the 2008) (CN—EJ&E). Neither CN nor any The carriers filing this notice and CN information provided to the Board in of the carriers submitting these notices are hereby directed to file by August 21, CN—EJ&E, and (3) a color-coded map. has explained how the notices relate to 2009: (1) An explanation of how this Decided: August 17, 2009. each other, or how they would impact notice relates to the 16 other notices By the Board, Rachel D. Campbell, filed simultaneously by carrier 1 Director, Office of Proceedings. A redacted version of the trackage rights subsidiaries of CN, (2) an explanation of agreement between GTW and CCP was filed with Kulunie L. Cannon, the notice of exemption. The full version of the how these notices would impact the Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. [FR Doc. E9–20075 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being BILLING CODE 4915–01–P addressed in a separate decision. Decided: August 17, 2009.

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By the Board, Rachel D. Campbell, 2008) (CN—EJ&E). Neither CN nor any By the Board, Rachel D. Campbell, Director, Office of Proceedings. of the carriers submitting these notices Director, Office of Proceedings. Kulunie L. Cannon, has explained how the notices relate to Kulunie L. Cannon, Clearance Clerk. each other, or how they would impact Clearance Clerk. [FR Doc. E9–20072 Filed 8–20–09; 8:45 am] the operational information provided to [FR Doc. E9–20069 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P the Board in CN—EJ&E. CN and its BILLING CODE 4915–01–P carrier subsidiaries are directed to submit this information, as well as a DEPARTMENT OF TRANSPORTATION color-coded map showing all 17 DEPARTMENT OF TRANSPORTATION proposed trackage rights exemptions, by Surface Transportation Board August 21, 2009. Surface Transportation Board [STB Finance Docket No. 35278] As a condition to this exemption, any employees affected by the acquisition of [STB Finance Docket No. 35268] Chicago Central & Pacific Railroad the trackage rights will be protected by Company—Trackage Rights the conditions imposed in Norfolk and Illinois Central Railroad Company— Exemption—Grand Trunk Western Western Ry. Co.—Trackage Rights—BN, Trackage Rights Exemption—Grand Railroad Company 354 I.C.C. 605 (1978), as modified in Trunk Western Railroad Company Mendocino Coast Ry., Inc.—Lease and Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). Pursuant to a written trackage rights agreement dated July 13, 2009, Grand This notice is filed under 49 CFR agreement dated July 13, 2009, Grand Trunk Western Railroad Company 1180.2(d)(7). If the notice contains false Trunk Western Railroad Company (GTW) has agreed to grant nonexclusive or misleading information, the (GTW) has agreed to grant Illinois trackage rights to Chicago Central & exemption is void ab initio. Petitions to Central Railroad Company (IC) Pacific Railroad Company (CCP) over revoke the exemption under 49 U.S.C. nonexclusive trackage rights over GTW’s line of railroad extending 10502(d) may be filed at any time. The GTW’s line of railroad between the east between the east side of the interlocking filing of a petition to revoke will not side of the interlocking plant for GTW’s plant connecting with Elgin, Joliet & automatically stay the effectiveness of connection with the Elgin, Joliet & Eastern Railway Company trackage at or the exemption. Stay petitions must be Eastern Railway Company at or near near milepost 36.1 at Griffith, IN, and filed by August 27, 2009 (at least 7 days milepost 36.1 at Griffith, IN, and GTW’s GTW’s Railport Yard at or near milepost before the exemption becomes Railport Yard at or near milepost 6.9 in 6.9 in Chicago, IL, on GTW’s Elsdon effective). Chicago, IL, on GTW’s Elsdon Subdivision, a distance of Pursuant to the Consolidated Subdivision, a distance of approximately 29.2 miles, in the States Appropriations Act, 2008, Public Law approximately 29.2 miles, all in the of Illinois and Indiana.1 No. 110–161, § 193, 121 Stat. 1844 States of Illinois and Indiana.1 The transaction is scheduled to be (2007), nothing in this decision The transaction is scheduled to be consummated on or about September 3, authorizes the following activities at any consummated on or about September 3, 2009, the effective date of the exemption solid waste rail transfer facility: 2009, the effective date of the exemption (30 days after the exemption is filed). collecting, storing, or transferring solid (30 days after the exemption is filed). The purpose of the trackage rights is to waste outside of its original shipping The purpose of the trackage rights is to enable CCP to efficiently handle freight container; or separating or processing enable IC to efficiently handle freight movements between Griffith, IN, and solid waste (including baling, crushing, movements between Griffith, IN, and GTW’s Railport Yard in Chicago, IL. The compacting, and shredding). The term Railport Yard in Chicago. The transaction also extends to all industry ‘‘solid waste’’ is defined in section 1004 transaction also extends to all industry spurs, connecting tracks and sidings of the Solid Waste Disposal Act, 42 spurs, connecting tracks and sidings now existent or hereafter constructed U.S.C. 6903. now existent or hereafter constructed along the tracks to be used here, and An original and 10 copies of all along the tracks to be used here, and right-of-way for the tracks to be used pleadings, referring to STB Finance right-of-way for the tracks to be used here, signals, interlocking devices and Docket No. 35278, must be filed with here, signals, interlocking devices and plants, telegraph and telephone lines, the Surface Transportation Board, 395 E plants, telegraph and telephone lines, and other appurtenances necessary to Street, SW, Washington, DC 20423– and other appurtenances necessary to the use of those tracks. 0001. In addition, a copy of each the use of those tracks. This is one of 17 notices of exemption pleading must be served on Thomas J. This is one of 17 notices of exemption for trackage rights in the Chicago area Healey, Counsel—Regulatory, CN, for trackage rights in the Chicago area submitted simultaneously by carrier 17641 S. Ashland Ave., Homewood, IL submitted simultaneously by carrier subsidiaries of the Canadian National 60430. subsidiaries of the Canadian National Railway Company (CN). We note that Board decisions and notices are Railway Company (CN). We note that the involved lines of railroad were available on our Web site at ‘‘http:// the involved lines of railroad were examined as part of the project area in www.stb.dot.gov.’’ examined as part of the project area in It is ordered: Canadian National Railway Company Canadian National Railway Company The carriers filing this notice and CN and Grand Trunk Corporation— and Grand Trunk Corporation— are hereby directed to file by August 21, Control—EJ&E West Company, Finance Control—EJ&E West Company, Finance 2009: (1) An explanation of how this Docket No. 35087 (STB served Dec. 24, Docket No. 35087 (STB served Dec. 24, notice relates to the 16 other notices filed simultaneously by carrier 1 A redacted version of the trackage rights 1 A redacted version of the trackage rights agreement between GTW and CCP was filed with subsidiaries of CN, (2) an explanation of agreement between GTW and IC was filed with the the notice of exemption. The full version of the how these notices would impact the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a motion for protective order. The motion is being motion for protective order. The motion is being addressed in a separate decision. Decided: August 17, 2009. addressed in a separate decision.

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2008) CN—EJ&E). Neither CN nor any of By the Board, Rachel D. Campbell, 2008) (CN—EJ&E). Neither CN nor any the carriers submitting these notices has Director, Office of Proceedings. of the carriers submitting these notices explained how the notices relate to each Kulunie L. Cannon, has explained how the notices relate to other, or how they would impact the Clearance Clerk. each other, or how they would impact operational information provided to the [FR Doc. E9–20090 Filed 8–20–09; 8:45 am] the operational information provided to Board in CN—EJ&E. CN and its carrier BILLING CODE 4915–01–P the Board in CN—EJ&E. CN and its subsidiaries are directed to submit this carrier subsidiaries are directed to information, as well as a color-coded submit this information, as well as a map showing all 17 proposed trackage DEPARTMENT OF TRANSPORTATION color-coded map showing all 17 rights exemptions, by August 21, 2009. proposed trackage rights exemptions, by As a condition to this exemption, any Surface Transportation Board August 21, 2009. employees affected by the acquisition of [STB Finance Docket No. 35269] As a condition to this exemption, any the trackage rights will be protected by employees affected by the acquisition of the conditions imposed in Norfolk and Illinois Central Railroad Company— the trackage rights will be protected by Western Ry. Co.—Trackage Rights—BN, Trackage Rights Exemption— the conditions imposed in Norfolk and 354 I.C.C. 605 (1978), as modified in Wisconsin Central, Ltd. Western Ry. Co.—Trackage Rights—BN, Mendocino Coast Ry., Inc.—Lease and 354 I.C.C. 605 (1978), as modified in Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). Mendocino Coast Ry., Inc.—Lease and agreement dated July 13, 2009, Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR Wisconsin Central, Ltd. (WCL) has 1180.2(d)(7). If the notice contains false This notice is filed under 49 CFR agreed to grant Illinois Central Railroad 1180.2(d)(7). If the notice contains false or misleading information, the Company (IC) nonexclusive trackage exemption is void ab initio. Petitions to or misleading information, the rights over WCL’s line of railroad exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. between WCL’s connection with the 10502(d) may be filed at any time. The revoke the exemption under 49 U.S.C. Elgin, Joliet & Eastern Railway Company 10502(d) may be filed at any time. The filing of a petition to revoke will not at or near milepost 37.9 at Leithton, IL, automatically stay the effectiveness of filing of a petition to revoke will not and WCL’s connection with CSX automatically stay the effectiveness of the exemption. Stay petitions must be Transportation, Inc. at or near milepost filed by August 27, 2009 (at least 7 days the exemption. Stay petitions must be 10.9 at Forest Park, IL (Madison Street), filed by August 28, 2009 (at least 7 days before the exemption becomes on WCL’s Waukesha Subdivision, a effective). before the exemption becomes distance of approximately 27.0 miles, all effective). Pursuant to the Consolidated 1 in the State of Illinois. Pursuant to the Consolidated Appropriations Act, 2008, Public Law IC proposes to consummate the Appropriations Act, 2008, Public Law 110–161, § 193, 121 Stat. 1844 (2007), transaction on or about September 3, 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the 2009, but the earliest it may be nothing in this decision authorizes the following activities at any solid waste consummated is September 4, 2009, the following activities at any solid waste rail transfer facility: collecting, storing, effective date of the exemption (30 days rail transfer facility: collecting, storing, or transferring solid waste outside of its after the exemption is filed). The or transferring solid waste outside of its original shipping container; or purpose of the trackage rights is to original shipping container; or separating or processing solid waste enable IC to efficiently handle freight separating or processing solid waste (including baling, crushing, compacting, movements between Leithton and Forest (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ Park. The transaction also extends to all and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid industry spurs, connecting tracks and is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. sidings now existent or hereafter Waste Disposal Act, 42 U.S.C. 6903. An original and 10 copies of all constructed along the tracks to be used An original and 10 copies of all pleadings, referring to STB Finance here, and right-of-way for the tracks to pleadings, referring to STB Finance Docket No. 35268, must be filed with be used here, signals, interlocking Docket No. 35269, must be filed with the Surface Transportation Board, 395 E devices and plants, telegraph and the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– telephone lines, and other Street, SW., Washington, DC 20423– 0001. In addition, a copy of each appurtenances necessary to the use of 0001. In addition, a copy of each pleading must be served on Thomas J. those tracks. pleading must be served on Thomas J. This is one of 17 notices of exemption Healey, Counsel—Regulatory, CN, Healey, Counsel—Regulatory, CN, for trackage rights in the Chicago area 17641 S. Ashland Avenue, Homewood, 17641 S. Ashland Avenue, Homewood, submitted simultaneously by carrier IL 60430. IL 60430. subsidiaries of the Canadian National Board decisions and notices are Board decisions and notices are Railway Company (CN). We note that available on our Web site at ‘‘http:// available on our Web site at ‘‘http:// the involved lines of railroad were www.stb.dot.gov.’’ www.stb.dot.gov.’’ examined as part of the project area in It is ordered: It is ordered: The carriers filing this notice and CN Canadian National Railway Company The carriers filing this notice and CN are hereby directed to file by August 21, and Grand Trunk Corporation— are hereby directed to file by August 21, 2009: (1) An explanation of how this Control—EJ&E West Company, Finance 2009: (1) An explanation of how this notice relates to the 16 other notices Docket No. 35087 (STB served Dec. 24, notice relates to the 16 other notices filed simultaneously by carrier filed simultaneously by carrier 1 A redacted version of the trackage rights subsidiaries of CN, (2) an explanation of agreement between WCL and IC was filed with the subsidiaries of CN, (2) an explanation of how these notices would impact the notice of exemption. The full version of the how these notices would impact the information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a CN—EJ&E, (3) a color-coded map. motion for protective order. The motion is being Decided: August 17, 2009. addressed in a separate decision. Decided: August 17, 2009.

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By the Board, Rachel D. Campbell, each other, or how they would impact By the Board, Rachel D. Campbell, Director, Office of Proceedings. the operational information provided to Director, Office of Proceedings. Kulunie L. Cannon, the Board in CN—EJ&E. CN and its Jeffrey Herzig, Clearance Clerk. carrier subsidiaries are directed to Clearance Clerk. [FR Doc. E9–20089 Filed 8–20–09; 8:45 am] submit this information, as well as a [FR Doc. E9–20057 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P color-coded map showing all 17 BILLING CODE 4915–01–P proposed trackage rights exemptions, by August 21, 2009. DEPARTMENT OF TRANSPORTATION As a condition to this exemption, any DEPARTMENT OF TRANSPORTATION employee affected by the acquisition of Surface Transportation Board Surface Transportation Board the trackage rights will be protected by [STB Finance Docket No. 35270] the conditions imposed in Norfolk and [STB Finance Docket No. 35266] Western Ry. Co.—Trackage Rights—BN, Grand Trunk Western Railroad 354 I.C.C. 605 (1978), as modified in Elgin, Joliet & Eastern Railway Company—Trackage Rights Mendocino Coast Ry., Inc.—Lease and Company—Trackage Rights Exemption—Illinois Central Railroad Operate, 360 I.C.C. 653 (1980). Exemption—Grand Trunk Western Company Railroad Company This notice is filed under 49 CFR Pursuant to a written trackage rights 1180.2(d)(7). If the notice contains false Pursuant to a written trackage rights agreement dated July 13, 2009, Illinois or misleading information, the agreement dated July 13, 2009, Grand Central Railroad Company (IC) has exemption is void ab initio. Petitions to Trunk Western Railroad Company agreed to grant Grand Trunk Western revoke the exemption under 49 U.S.C. (GTW) has agreed to grant Elgin, Joliet Railroad Company (GTW) non-exclusive 10502(d) may be filed at any time. The & Eastern Railway Company (EJ&E) trackage rights over 11.7 miles of IC’s filing of a petition to revoke will not nonexclusive trackage rights over Chicago Subdivision between IC’s automatically stay the effectiveness of GTW’s line of railroad between the east connection with GTW at or near the exemption. Stay petitions must be side of the interlocking plant for GTW’s milepost 19.9 (North Junction) at filed by August 27, 2009 (at least 7 days connection with EJ&E at or near Harvey, IL, and at or near milepost 31.6 before the exemption becomes milepost 36.1 at Griffith, IN, and GTW’s (Stuenkel Road), in University Park, IL.1 effective). Railport Yard at or near milepost 6.9 in The transaction is scheduled to be Pursuant to the Consolidated Chicago, IL, on GTW’s Elsdon consummated on September 3, 2009, the Appropriations Act, 2008, Public Law Subdivision, a distance of effective date of the exemption (30 days No. 110–161, § 193, 121 Stat. 1844 approximately 29.2 miles, all in the after the exemption is filed). The (2007), nothing in this decision States of Illinois and Indiana.1 purpose of the trackage rights is to authorizes the following activities at any The transaction is scheduled to be enable GTW to efficiently handle freight solid waste rail transfer facility: consummated on or about September 4, movements between the junction of collecting, storing, or transferring solid 2009, the effective date of the exemption Canadian National Railway Company waste outside of its original shipping (30 days after the exemption is filed). and University Park on IC’s Chicago container; or separating or processing The purpose of the trackage rights is to Subdivision. The transaction also solid waste (including baling, crushing, enable EJ&E to efficiently handle freight extends to all industry spurs, compacting, and shredding). The term movements between Griffith, IN, and connecting tracks and sidings now ‘‘solid waste’’ is defined in section 1004 Railport Yard in Chicago. The existent or hereafter constructed along of the Solid Waste Disposal Act, 42 transaction also extends to all industry the tracks to be used here, and right-of- U.S.C. 6903. spurs, connecting tracks and sidings way for the tracks to be used here, now existent or hereafter constructed signals, interlocking devices and plants, An original and 10 copies of all along the tracks to be used here, and telegraph and telephone lines, and other pleadings, referring to STB Finance right-of-way for the tracks to be used appurtenances necessary to the use of Docket No. 35270, must be filed with here, signals, interlocking devices and those tracks. the Surface Transportation Board, 395 E plants, telegraph and telephone lines, This is one of 17 notices of exemption Street, SW., Washington, DC 20423– and other appurtenances necessary to for trackage rights in the Chicago area 0001. In addition, a copy of each the use of those tracks. submitted simultaneously by carrier pleading must be served on Thomas J. This is one of 17 notices of exemption subsidiaries of the Canadian National Healey, Counsel—Regulatory, CN, for trackage rights in the Chicago area Railway Company (CN). We note that 17641 S. Ashland Avenue, Homewood, submitted simultaneously by carrier the involved lines of railroad were IL 60430. subsidiaries of the Canadian National examined as part of the project area in Board decisions and notices are Railway Company (CN). We note that Canadian National Railway Company available on our Web site at http:// the involved lines of railroad were and Grand Trunk Corporation— www.stb.dot.gov. examined as part of the project area in Control—EJ&E West Company, Finance It is ordered: Canadian National Railway Company Docket No. 35087 (STB served Dec. 24, The carriers filing this notice and CN, and Grand Trunk Corporation— 2008) (CN—EJ&E). Neither CN nor any are hereby directed to file by August 21, Control—EJ&E West Company, Finance of the carriers submitting these notices 2009: (1) An explanation of how this Docket No. 35087 (STB served Dec. 24, has explained how the notices relate to notice relates to the 16 other notices 2008) (CN—EJ&E). Neither CN nor any filed simultaneously by carrier 1 A redacted version of the trackage rights 1 A redacted version of the trackage rights agreement between IC and GTW was filed with the subsidiaries of CN, (2) an explanation of agreement between GTW and EJ&E was filed with notice of exemption. The full version of the how these notices would impact the the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a motion for protective order. The motion is being motion for protective order. The motion is being addressed in a separate decision. Decided: August 17, 2009. addressed in a separate decision.

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of the carriers submitting these notices By the Board, Rachel D. Campbell, each other, or how they would impact has explained how the notices relate to Director, Office of Proceedings. the operational information provided to each other, or how they would impact Kulunie L. Cannon, the Board in CN—EJ&E. CN and its the operational information provided to Clearance Clerk. carrier subsidiaries are directed to the Board in CN—EJ&E. CN and its [FR Doc. E9–20046 Filed 8–20–09; 8:45 am] submit this information, as well as a carrier subsidiaries are directed to BILLING CODE 4915–01–P color-coded map showing all 17 submit this information, as well as a proposed trackage rights exemptions, by color-coded map showing all 17 August 21, 2009. proposed trackage rights exemptions, by DEPARTMENT OF TRANSPORTATION As a condition to this exemption, any August 21, 2009. employee affected by the acquisition of Surface Transportation Board As a condition to this exemption, any the trackage rights will be protected by employees affected by the acquisition of [STB Finance Docket No. 35272] the conditions imposed in Norfolk and the trackage rights will be protected by Western Ry. Co.—Trackage Rights—BN, the conditions imposed in Norfolk and Grand Trunk Western Railroad 354 I.C.C. 605 (1978), as modified in Western Ry. Co.—Trackage Rights—BN, Company—Trackage Rights Mendocino Coast Ry., Inc.—Lease and 354 I.C.C. 605 (1978), as modified in Exemption—Illinois Central Railroad Operate, 360 I.C.C. 653 (1980). Mendocino Coast Ry., Inc.—Lease and Company Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR This notice is filed under 49 CFR Pursuant to a written trackage rights 1180.2(d)(7). If the notice contains false 1180.2(d)(7). If the notice contains false agreement dated July 13, 2009, Illinois or misleading information, the or misleading information, the Central Railroad Company (IC) has exemption is void ab initio. Petitions to exemption is void ab initio. Petitions to agreed to grant Grand Trunk Western revoke the exemption under 49 U.S.C. revoke the exemption under 49 U.S.C. Railroad Company (GTW) non-exclusive 10502(d) may be filed at any time. The 10502(d) may be filed at any time. The trackage rights over 23.6 miles of IC’s filing of a petition to revoke will not filing of a petition to revoke will not Joliet Subdivision between IC’s automatically stay the effectiveness of automatically stay the effectiveness of connection with Indiana Harbor Belt the exemption. Stay petitions must be the exemption. Stay petitions must be Railroad Company at or near milepost filed by August 27, 2009 (at least 7 days filed by August 28, 2009 (at least 7 days 13.1 (CP Canal), at Argo, IL, and IC’s before the exemption becomes before the exemption becomes connection with Union Pacific Railroad effective). effective). Company at or near milepost 36.7 Pursuant to the Consolidated 1 Pursuant to the Consolidated (Jackson Street), at Joliet, IL. Appropriations Act, 2008, Public Law Appropriations Act, 2008, Public Law The transaction is scheduled to be No. 110–161, § 193, 121 Stat. 1844 No. 110–161, § 193, 121 Stat. 1844 consummated on September 3, 2009, the (2007), nothing in this decision (2007), nothing in this decision effective date of the exemption (30 days authorizes the following activities at any authorizes the following activities at any after the exemption is filed). The solid waste rail transfer facility: solid waste rail transfer facility: purpose of the trackage rights is to collecting, storing, or transferring solid collecting, storing, or transferring solid enable GTW to efficiently handle freight waste outside of its original shipping waste outside of its original shipping movements between Argo and Joliet, container; or separating or processing container; or separating or processing over IC’s Joliet Subdivision. The solid waste (including baling, crushing, solid waste (including baling, crushing, transaction also extends to all industry compacting, and shredding). The term compacting, and shredding). The term spurs, connecting tracks and sidings ‘‘solid waste’’ is defined in section 1004 ‘‘solid waste’’ is defined in section 1004 now existent or hereafter constructed of the Solid Waste Disposal Act, 42 of the Solid Waste Disposal Act, 42 along the tracks to be used here, and U.S.C. 6903. U.S.C. 6903. right-of-way for the tracks to be used here, signals, interlocking devices and An original and 10 copies of all An original and 10 copies of all pleadings, referring to STB Finance pleadings, referring to STB Finance plants, telegraph and telephone lines, and other appurtenances necessary to Docket No. 35272, must be filed with Docket No. 35266, must be filed with the Surface Transportation Board, 395 E the Surface Transportation Board, 395 E the use of those tracks. This is one of 17 notices of exemption Street, SW., Washington, DC 20423– Street, SW., Washington, DC 20423– for trackage rights in the Chicago area 0001. In addition, a copy of each 0001. In addition, a copy of each submitted simultaneously by carrier pleading must be served on Thomas J. pleading must be served on Thomas J. subsidiaries of the Canadian National Healey, Counsel—Regulatory, CN, Healey, Counsel—Regulatory, CN, Railway Company (CN). We note that 17641 S. Ashland Avenue, Homewood, 17641 S. Ashland Avenue, Homewood, the involved lines of railroad were IL 60430. IL 60430. examined as part of the project area in Board decisions and notices are Board decisions and notices are Canadian National Railway Company available on our Web site at http:// available on our Web site at ‘‘http:// and Grand Trunk Corporation— www.stb.dot.gov. www.stb.dot.gov.’’ Control—EJ&E West Company, Finance It is ordered: It is ordered: The carriers filing this notice and CN Docket No. 35087 (STB served Dec. 24, The carriers filing this notice and CN are hereby directed to file by August 21, 2008) (CN—EJ&E). Neither CN nor any are hereby directed to file by August 21, 2009: (1) An explanation of how this of the carriers submitting these notices 2009: (1) An explanation of how this notice relates to the 16 other notices has explained how the notices relate to notice relates to the 16 other notices filed simultaneously by carrier filed simultaneously by carrier 1 A redacted version of the trackage rights subsidiaries of CN, (2) an explanation of agreement between IC and GTW was filed with the subsidiaries of CN, (2) an explanation of how these notices would impact the notice of exemption. The full version of the how these notices would impact the information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. motion for protective order. The motion is being Decided: August 17, 2009. addressed in a separate decision. Decided: August 17, 2009.

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By the Board, Rachel D. Campbell, the operational information provided to By the Board, Rachel D. Campbell, Director, Office of Proceedings. the Board in CN—EJ&E. CN and its Director, Office of Proceedings. Jeffrey Herzig, carrier subsidiaries are directed to Kulunie L. Cannon, Clearance Clerk. submit this information, as well as a Clearance Clerk. [FR Doc. E9–20064 Filed 8–20–09; 8:45 am] color-coded map showing all 17 [FR Doc. E9–20054 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P proposed trackage rights exemptions, by BILLING CODE 4915–01–P August 21, 2009. As a condition to this exemption, any DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION employees affected by the acquisition of Surface Transportation Board the trackage rights will be protected by Surface Transportation Board the conditions imposed in Norfolk and [STB Finance Docket No. 35265] Western Ry. Co.—Trackage Rights—BN, [STB Finance Docket No. 35264] Elgin, Joliet & Eastern Railway 354 I.C.C. 605 (1978), as modified in Elgin, Joliet & Eastern Railway Company—Trackage Rights Mendocino Coast Ry., Inc.—Lease and Company—Trackage Rights Exemption—Wisconsin Central, Ltd. Operate, 360 I.C.C. 653 (1980). Exemption—Illinois Central Railroad This notice is filed under 49 CFR Company Pursuant to a written trackage rights 1180.2(d)(7). If the notice contains false agreement dated July 13, 2009, Pursuant to a written trackage rights or misleading information, the Wisconsin Central, Ltd (WCL) has agreement dated July 13, 2009, Illinois exemption is void ab initio. Petitions to agreed to grant nonexclusive trackage Central Railroad Company (IC) has rights to Elgin, Joliet & Eastern Railway revoke the exemption under 49 U.S.C. agreed to grant nonexclusive trackage Company (EJE) over 27 miles of WCL’s 10502(d) may be filed at any time. The rights to Elgin, Joliet & Eastern Railway Waukesha Subdivision between WCL’s filing of a petition to revoke will not Company (EJE) over 27 miles of rail line connection with EJE at or near milepost automatically stay the effectiveness of owned by IC between milepost 7.9 at 37.9 at Leithton, IL and WCL’s the exemption. Stay petitions must be Chicago, IL (Lemoyne) and milepost 3.5 connection with CSX Transportation, filed by August 28, 2009 (at least 7 days at Chicago (Bridgeport) on IC’s Joliet Inc. at or near milepost 10.9 at Forest before the exemption becomes Subdivision; between IC’s connection Park, IL (Madison Street).1 effective). with The Belt Railway Company of The transaction is scheduled to be Pursuant to the Consolidated Chicago and the Chicago, Central & consummated on or about September 4, Appropriations Act, 2008, Public Law Pacific Railroad Company and milepost 2009, the effective date of the exemption No. 110–161, § 193, 121 Stat. 1844 8.3 at Chicago (Belt Crossing) and (30 days after the exemption is filed). (2007), nothing in this decision milepost 2.1 (16th Street) at Chicago on The purpose of the trackage rights is to authorizes the following activities at any IC’s Freeport Subdivision; and between enable EJE to efficiently handle freight solid waste rail transfer facility: milepost 1.5 (16th Street) at Chicago and movements between Leithon and Forest collecting, storing, or transferring solid IC’s connection to the Indiana Harbor park on WCL’s Waukesha Subdivision. waste outside of its original shipping Belt Railroad Company at milepost 17.9 The transaction also extends to all container; or separating or processing at Riverdale, IL (Highlawn) on IC’s 1 industry spurs, connecting tracks and solid waste (including baling, crushing, Chicago Subdivision. sidings now existent or hereafter The transaction is scheduled to be compacting, and shredding). The term constructed along the tracks to be used consummated on or about September 4, ‘‘solid waste’’ is defined in section 1004 here, and right-of-way for the tracks to 2009, the effective date of the exemption of the Solid Waste Disposal Act, 42 be used here, signals, interlocking (30 days after the exemption is filed). U.S.C. 6903. devices and plants, telegraph and The purpose of the trackage rights is to telephone lines, and other An original and 10 copies of all enable EJE to efficiently handle freight appurtenances necessary to the use of pleadings, referring to STB Finance movements between Lemoyne and those tracks. Docket No. 35265, must be filed with Highlawn on IC’s Chicago Subdivision. This is one of 17 notices of exemption the Surface Transportation Board, 395 E The transaction also extends to all for trackage rights in the Chicago area Street, SW., Washington, DC 20423– industry spurs, connecting tracks and submitted simultaneously by carrier 0001. In addition, a copy of each sidings now existent or hereafter subsidiaries of the Canadian National pleading must be served on Thomas J. constructed along the tracks to be used Railway Company (CN). We note that Healey, Counsel—Regulatory, CN, here, and right-of-way for the tracks to the involved lines of railroad were Homewood, IL 60430. be used here, signals, interlocking examined as part of the project area in Board decisions and notices are devices and plants, telegraph and Canadian National Railway Company telephone lines, and other available on our Web site at http:// and Grand Trunk Corporation— appurtenances necessary to the use of www.stb.dot.gov. Control—EJ&E West Company, Finance those tracks. Docket No. 35087 (STB served Dec. 24, It is ordered: This is one of 17 notices of exemption 2008) (CN—EJ&E). Neither CN nor any The carriers filing this notice and CN for trackage rights in the Chicago area of the carriers submitting these notices are hereby directed to file by August 21, submitted simultaneously by carrier has explained how the notices relate to 2009: (1) An explanation of how this subsidiaries of the Canadian National each other, or how they would impact notice relates to the 16 other notices Railway Company (CN). We note that filed simultaneously by carrier 1 A redacted version of the trackage rights subsidiaries of CN, (2) an explanation of 1 A redacted version of the trackage rights agreement between EJE and IC was filed with the agreement between EJE and IC was filed with the notice of exemption. The full version of the how these notices would impact the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a motion for protective order. The motion is being motion for protective order. The motion is being addressed in a separate decision. Decided: August 17, 2009. addressed in a separate decision.

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the involved lines of railroad were filed simultaneously by carrier FOR FURTHER INFORMATION CONTACT: examined as part of the project area in subsidiaries of CN, (2) an explanation of Melanie Myers, Program Manager, Canadian National Railway Company how these notices would impact the Federal Aviation Administration, Great and Grand Trunk Corporation— information provided to the Board in Lakes Region, Detroit Airports District Control—EJ&E West Company, Finance CN—EJ&E, and (3) a color-coded map. Office, CHI-ADO 609, 2300 East Devon Docket No. 35087 (STB served Dec. 24, Decided: August 17, 2009. Avenue, Des Plaines, IL 60018 2008) (CN—EJ&E). Neither CN nor any By the Board, Rachel D. Campbell, Telephone Number (847–294–7525)/ of the carriers submitting these notices Director, Office of Proceedings. FAX Number (847–294–7046). has explained how the notices relate to Jeffrey Herzig, Documents reflecting this FAA action each other, or how they would impact Clearance Clerk. may be reviewed at this same location the operational information provided to [FR Doc. E9–20055 Filed 8–20–09; 8:45 am] or at Indianapolis International Airport, the Board in CN—EJ&E. CN and its Indianapolis, Indiana. carrier subsidiaries are directed to BILLING CODE 4915–01–P submit this information, as well as a SUPPLEMENTARY INFORMATION: color-coded map showing all 17 DEPARTMENT OF TRANSPORTATION proposed trackage rights exemptions, by Parcel A August 21, 2009. Federal Aviation Administration Part of the Southeast Quarter of As a condition to this exemption, any Section 15, Township 15 North, Range employees affected by the acquisition of Public Notice for Waiver of 2 East, of the Second Principal the trackage rights will be protected by Aeronautical Land-Use Assurance; Meridian, all in Marion County, the conditions imposed in Norfolk and Indianapolis International Airport, Indiana, more particularly described as Western Ry. Co.—Trackage Rights—BN, Indianapolis, IN 354 I.C.C. 605 (1978), as modified in follows: Commencing at the Northeast Mendocino Coast Ry., Inc.—Lease and AGENCY: Federal Aviation Corner of said Southeast Quarter Operate, 360 I.C.C. 653 (1980). Administration, DOT. Section; thence South 00 degrees 07 This notice is filed under 49 CFR ACTION: Notice of intent of waiver with minutes 05 seconds West along the East 1180.2(d)(7). If the notice contains false respect to land. line of said Quarter Section 531.08 feet or misleading information, the to a point on the South right-of-way line exemption is void ab initio. Petitions to SUMMARY: The Federal Aviation of Washington Street (US 40); thence revoke the exemption under 49 U.S.C. Administration (FAA) is considering a South 68 degrees 50 minutes 00 seconds 10502(d) may be filed at any time. The proposal to change a portion of the West along said right-of-way line 12.88 filing of a petition to revoke will not airport from aeronautical use to non- feet; thence South 00 degrees 07 automatically stay the effectiveness of aeronautical use and to authorize the minutes 05 seconds West along a line the exemption. Stay petitions must be release of 17.79 acres of airport property being parallel with and 12 feet West of filed by August 28, 2009 (at least 7 days for non-aeronautical development. The the East line of the above mentioned before the exemption becomes land consists of portions of 7 original Quarter Section 466.59 feet; thence effective). airport acquired parcels. These parcels North 89 degrees 52 minutes 55 seconds Pursuant to the Consolidated were acquired under grants: 6–18–0038– West perpendicular to the aforesaid East Appropriations Act, 2008, Public Law 01; 3–18–0038–45; and 3–180038–47 or line 239.65 feet; thence North 00 No. 110–161, § 193, 121 Stat. 1844 without federal participation. The land degrees 07 minutes 05 seconds East currently has three empty office (2007), nothing in this decision 62.00 feet; thence North 89 degrees 52 buildings previously used by air authorizes the following activities at any minutes 55 seconds West 283.00 feet to carriers. The future use of the property solid waste rail transfer facility: the point of beginning of this is for nonaviation office development. collecting, storing, or transferring solid description; thence South 00 degrees 07 waste outside of its original shipping There are no impacts to the airport by allowing the Indianapolis Airport minutes 05 seconds West 176.00 feet; container; or separating or processing thence South 89 degrees 52 minutes 55 solid waste (including baling, crushing, Authority to dispose of the property. The land is not needed for seconds East 55.00 feet; thence South 26 compacting, and shredding). The term aeronautical use. Approval does not degrees 26 minutes 49 seconds East ‘‘solid waste’’ is defined in section 1004 constitute a commitment by the FAA to 33.54 feet; thence South 00 degrees 07 of the Solid Waste Disposal Act, 42 financially assist in the sale or lease of minutes 05 seconds West 140.80 feet; U.S.C. 6903. the subject airport property nor a thence South 89 degrees 07 minutes 30 An original and 10 copies of all seconds East 15.00 feet; thence South 00 pleadings, referring to STB Finance determination of eligibility for grant-in- degrees 07 minutes 05 seconds West Docket No. 35264, must be filed with aid funding from the FAA. In accordance with section 47107(h) 303.00 feet to a point on the North right- the Surface Transportation Board, 395 E of title 49, United States Code, this of-way line of the Penn Central Street, SW., Washington, DC 20423– notice is required to be published in the Transportation Company; thence 0001. In addition, a copy of each Federal Register 30 days before Southwesterly 453.76 feet along a curve pleading must be served on Thomas J. modifying the land-use assurance that Healey, Counsel—Regulatory, CN, to the right having a radius of 2789.93 requires the property to be used for an 17641 S. Ashland Ave., Homewood, IL feet and subtended by a long chord aeronautical purpose. 60430. having a bearing of South 84 degrees 04 Board decisions and notices are DATES: Comments must be received on minutes 16 seconds West and a length available on our Web site at http:// or before September 21, 2009. of 453.26 feet; thence North 00 degrees www.stb.dot.gov. ADDRESSES: Written comments on the 07 minutes 05 seconds East 756.23 feet It is ordered: Sponsor’s request must be delivered or to a point on the South right-of-way line The carriers filing this notice and CN mailed to: Melanie Myers, Program of Washington Street (US 40); thence are hereby directed to file by August 21, Manager, Chicago Airports District North 68 degrees 50 minutes 00 seconds 2009: (1) An explanation of how this Office, 2300 East Devon Avenue, Des East along said South right-of-way line notice relates to the 16 other notices Plaines, IL 60018. 345.00 feet; thence South 29 degrees 14

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minutes 04 seconds East 90.32 feet; 2 East, of the Second Principal 543.04 feet to a point on the North right- thence South 00 degrees 07 minutes 05 Meridian, all in Marion County, of-way line of the Penn Central seconds West 105.00 feet to the place of Indiana, more particularly described as Transportation Company; thence beginning containing 7.670 acres, more follows: Commencing at the northeast Southwesterly 203.08 feet along a curve or less, subject however to all legal Corner as said Southeast Quarter to the right having a radius of 2789.93 highways, right-of-way, easements and Section; thence South 00 degrees 07 feet and subtended by a long chord restrictions of record, including not minutes 05 seconds West along the East having a bearing of South 77 degrees 19 limited to the following described line of said Quarter Section 531.08 feet minutes 35 seconds West and a length easements: to a point on the South right-of-way line of 203.04 feet to the point of beginning of Washington Street (US 40); thence of this description; thence continuing Easement 1 South 68 degrees 50 minutes 00 seconds along said North right-of-way line Part of the Southeast Quarter of West along said right-of-way line 12.88 Southwesterly 30.50 feet along a curve Section 15, Township 15 North, Range feet; thence South 00 degrees 07 to the right having a radius of 2789.93 2 East, of the Second Principal minutes 05 seconds West along a line feet and subtended by a long chord Meridian, all in Marion County, being parallel with and 12 feet West of having a bearing of South 79 degrees 43 Indiana, more particularly described as the East line of the above mentioned minutes 30 seconds West and a length follows: Commencing at the Northeast Quarter Section 466.59 feet; thence of 30.50 feet; thence North 00 degrees 07 Corner of said Southeast Quarter North 89 degrees 52 minutes 55 seconds minutes 05 seconds East 308.90 feet; Section; thence South 00 degrees 07 West perpendicular to the aforesaid East thence South 89 degrees 07 minutes 30 minutes 05 seconds West along the East line 239.65 feet; thence South 00 seconds West 30.00 feet; thence South line of said Quarter Section 531.08 feet degrees 07 minutes 05 seconds West 00 degrees 07 minutes 05 seconds West to a point on the South right-of-way line 543.04 feet to a point on the North right- 303.00 feet to the place of beginning, of Washing Street (US 40); thence south of-way of the Penn Central containing 0.211 acres more or less. 68 degrees 50 minutes 00 seconds West Transportation Company; thence Parcel B along said right-of-way line 12.88 feet; Southwesterly 203.08 feet along a curve thence South 00 degrees 07 minutes 05 to the right having a radius of 2789.93 Part of the Southeast Quarter of seconds West along a line being parallel feet and subtended by a long chord Section 15, Township 15 North, Range with and 12 feet West of the East line having a bearing of South 77 degrees 19 2 East, of the Second Principal of the above mentioned Quarter Section minutes 35 seconds West and a length Meridian, all in Marion County, 466.59 feet; thence North 89 degrees 52 of 203.04 feet to the point of beginning Indiana, more particularly described as minutes 55 seconds West perpendicular of this description; thence continuing follows: Commencing at the Northeast to the aforesaid East line 239.65 feet; along said North right-of-way line Corner of said Southeast Quarter thence North 00 degrees 07 minutes 05 Southwesterly 453.76 feet along a curve Section; thence South 00 degrees 07 seconds East 62.00 feet; thence North 89 to the right having a radius of 2789.93 minutes 05 seconds West along the east degrees 52 minutes 55 seconds West feet and subtended by a long chord line of said Quarter Section 531.08 feet 283.00 feet to the point of beginning of having bearing of South 84 degrees 04 to a point on the South Right-of-Way this description; thence South 00 minutes 16 seconds West and a length line of Washington Street (US 40); degrees 07 minutes 05 seconds West of 453.26 feet; thence North 00 degrees thence South 68 degrees 50 minutes 00 176.00 feet; thence South 89 degrees 52 07 minutes 05 seconds East 40.00 feet; seconds West along said right-of-way minutes 55 seconds East 55.00 feet; thence North 79 degrees 28 minutes 06 line 12.88 feet; thence South 00 degrees thence South 26 degrees 26 minutes 49 seconds East 179.45 feet; thence South 07 minutes 05 seconds West along a line seconds East 33.54 feet; thence South 00 00 degrees 07 minutes 05 seconds West being parallel with and 12 feet West of degrees 07 minutes 30 seconds West 48.85 feet to the place of beginning, the East line of the above mention 15.00 feet; thence North 00 degrees 07 containing 0.467 acres more or less. Quarter Section 466.59 feet; thence minutes 05 seconds East 106.10 feet; North 89 degrees 52 minutes 55 seconds thence North 40 degrees 20 minutes 18 Easement 3 West perpendicular to the aforesaid East seconds West 64.00 feet; thence North Part of the Southeast Quarter of line 239.65 feet to the point of beginning 89 degrees 52 minutes 55 seconds West Section 15, Township 15 North, Range of this description; thence South 00 38.47 feet; thence North 00 degrees 07 2 East, of the Second Principal degrees 07 minutes 05 seconds West seconds 05 minutes East 23.00 feet; Meridian, all in Marion County, 543.04 feet to a point on the North right- thence North 10 degrees 06 minutes 12 Indiana, more particularly described as of-way line of Penn Central seconds East 57.67 feet; thence North 00 follows: Commencing at the Northeast Transportation Company; thence degrees 07 minutes 05 seconds East Corner of said Southeast Quarter Southwesterly 203.08 feet along a curve 182.47 feet; thence North 29 degrees 14 Section; thence South 00 degrees 07 to the right having a radius of 2789.93 minutes 04 seconds West 117.32 feet to minutes 05 seconds West along the East feet and subtended by a long chord the South right-of-way line of line of said Quarter Section 531.08 feet having a bearing of South 77 degrees 19 Washington Street (US 40); thence to a point on the South right-of-way line minutes 35 seconds West and a length North 68 degrees 50 minutes 00 seconds of Washington Street (US 40); thence of 203.04 feet; thence North 00 degrees East along said South right-of-way line South 68 degrees 50 minutes 00 seconds 07 minutes 05 seconds East 303.00 feet; 30.30 feet; thence South 29 degrees 14 West along said right-of-way line 12.88 thence North 89 degrees 07 minutes 30 minutes 04 seconds East 90.32 feet; feet; thence South 00 degrees 07 seconds West 15.00 feet; thence North thence South 00 degrees 07 minutes 05 minutes 05 seconds West along a line 00 degrees 07 minutes 05 seconds East seconds West 105.00 feet to the place of being parallel with and 12 feet West of 140.80 feet; thence North 26 degrees 26 beginning, containing 0.276 acres, more the East line of the above mentioned minutes 49 seconds West 33.54 feet; or less. Quarter Section 466.59 feet; thence thence North 89 degrees 52 minutes 55 North 89 degrees 52 minutes 55 seconds seconds West 55.00 feet; thence North Easement 2 West perpendicular to the aforesaid East 00 degrees 07 minutes 05 seconds East Part of the Southeast Quarter of line 239.65 feet; thence South 00 176.00 feet; thence South 89 degrees 52 Section 15, Township 15 North, Range degrees 07 minutes 05 seconds West minutes 55 seconds East 283.00 feet;

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thence South 00 degrees 07 minutes 05 seconds West along said right-of-way East along said South right-of-way line seconds West 62.00 feet to the place of line 12.88 feet; thence South 00 degrees 372.52 feet to the point of beginning and beginning, containing 3.266 acres more 07 minutes 05 seconds West along a line containing 3.026 acres, more or less, or less, subject to however all legal being parallel with and 12 feet West of subject however to all legal highways, highways, right-of-ways, easements, and the East line of the above mentioned right-of-way, and restrictions of record restrictions of record, including but not Quarter Section 466.59 feet; thence including but not limited to the limited to the following described North 89 degrees 52 minutes 55 seconds following described easement: Part of easements: West perpendicular to the aforesaid East the Southeast Quarter of Section 15, line 239.65 feet to the point of beginning Easement 1 Township 15 North, Range 2 East, of the of this description; thence South Second Principal Meridian, all in Part of the Southeast Quarter of degrees 07 minutes 05 seconds West Marion County, Indiana, more Section 15, Township 15 North, Range 543.04 feet to a point on the North right- particularly described as follows: 2 East, of the Second Principal of-way line of the Penn Central Commencing at the Northeast Corner of Meridian, all in Marion County, Transportation Company; thence said Southeast Quarter Section; thence Indiana, more particularly described as Southwesterly 203.08 feet along a curve South 00 degrees 07 minutes 05 seconds follows: Commencing at the Northeast to the right having a radius of 2789.93 West along the East line of said Quarter Corner of said Southeast Quarter feet and subtended by a long chord Section 531.08 feet to a point on the Section; thence South 00 degrees 07 having a bearing of South 77 degrees 19 South Right-of-Way line of Washington minutes 05 seconds West along the East minutes 35 seconds West and a length Street (US 40); thence South 68 degrees line of said Quarter Section 531.08 feet of 203.04 feet; thence North 00 degrees 50 minutes 00 seconds West along said to a point on the South Right-of-Way 07 minutes 05 seconds East 48.85 feet; right-of-way line 12.88 feet; thence line of Washington Street (US 40); thence North 79 degrees 28 minutes 06 South 00 degrees 07 minutes 05 seconds thence South 68 degrees 50 minutes 00 seconds East 170.30 feet; thence North West along a line being parallel with seconds West along said right-of-way 01 degrees 39 minutes 58 seconds East and 12 feet West of the East line of the line 12.88 feet; thence South 00 degrees 123.00 feet; thence North 47 degrees 28 above mentioned Quarter Section 07 minutes 05 seconds West along a line minutes 46 seconds West 58.68 feet; 388.59 feet to the point of beginning of being parallel with and 12 feet West of thence North 89 degrees 07 minutes 30 this description; thence continuing the East line of the above mentioned seconds West 115.00 feet; thence North South 00 degrees 07 minutes 05 seconds Quarter Section 466.59 feet; thence 00 degrees 07 minutes 05 seconds East West 30.00 feet; thence North 89 degrees North 89 degrees 52 minutes 55 seconds 20.00 feet; thence South 89 degrees 07 52 minutes 55 seconds West 239.65 feet; West 239.65 feet; thence North 00 minutes 30 seconds East 159.93 feet; thence North 00 degrees 07 minutes 05 degrees 07 minutes 05 seconds East thence North 01 degrees 39 minutes 58 seconds East 14.00 feet; thence North 89 32.00 feet to the point of beginning of seconds East 299.22 feet; thence South degrees 52 minutes 55 seconds East this description; thence North 89 89 degrees 52 minutes 55 seconds East 16.00 feet; thence South 89 degrees 52 degrees 52 minutes 55 seconds West 30.00 feet; thence South 00 degrees 07 minutes 55 seconds East 347.11 feet to 215.00 feet; thence South 01 degrees 27 minutes 05 seconds West 32.00 feet to the place of beginning containing 0.204 minutes 07 seconds East 146.54 feet; the place of beginning, containing 0.865 acres more or less. thence South 26 degrees 26 minutes 49 acres more or less. seconds East 29.04 feet; thence South 00 Parcel D degrees 07 minutes 05 seconds West Parcel C 144.54 feet; thence North 89 degrees 07 Part of the Southeast Quarter of Part of the Southeast Quarter of minutes 30 seconds West 15.00 feet; Section 15; Township 15 North, Range Section 15; Township 15 North, Range thence North 00 degrees 07 minutes 05 2 East, of the Second Principal 2 East, of the Second Principal seconds East 140.80 feet; thence North Meridian, all in Marion County, more Meridian, all in Marion County, Indiana 26 degrees 26 minutes 49 seconds West particularly described as follows: more particularly described as follows: 33.54 feet; thence North 89 degrees 52 Commencing at the Northeast Corner of Commencing at the Northeast Corner minutes 55 seconds West 55.00 feet; said Southeast Quarter Section; thence of said Southeast Quarter Section; thence North 00 degrees 07 minutes 05 South 00 degrees 07 minutes 05 seconds thence South 00 degrees 07 minutes 05 seconds East 176.00 feet; thence South West along the East line of said Quarter seconds West along the East line of said 89 degrees 52 minutes 55 seconds East Section 531.08 feet to a point on the Quarter Section 531.08 feet to a point on 283.00 feet; thence South 00 degrees 07 South Right-of-Way line of Washington the South Right-of-Way line of minutes 05 seconds West 30.00 feet to Street (US 40); thence South 68 degrees Washington Street (US 40); thence the place of beginning containing 0.489 50 minutes 00 seconds West along said South 68 degrees 50 minutes 00 seconds acres, more or less. right-of-way line 12.88 feet to the point West along said right-of-way line 12.88 of beginning of this description; thence feet; thence South 00 degrees 07 Easement 2 South 00 degrees 07 minutes 05 seconds minutes 05 seconds West along a line Part of the Southeast Quarter of West along a line being parallel with being parallel with and 12 feet West of Section 15, Township 15 North, Range and 12 feet West of the East line of the the East line of the above mentioned 2 East, of the Second Principal above mentioned Quarter Section Quarter Section 466.59 feet; thence Meridian, all in Marion County, 466.59 feet; thence North 89 degrees 52 North 89 degrees 52 minutes 55 seconds Indiana, more particularly described as minutes 55 seconds West 239.65 feet; West perpendicular to the aforesaid East follows: Commencing at the Northeast thence North 00 degrees 07 minutes 05 line 239.65 feet; thence North 00 Corner of said Southeast Quarter seconds East 62.00 feet; thence North 89 degrees 07 minutes 05 seconds East Section; thence South 00 degrees 07 degrees 52 minutes 55 seconds West 62.00 feet; thence North 89 degrees 52 minutes 05 seconds West along the East 107.46 feet; thence North 00 degrees 07 minutes 55 seconds West 107.46 feet to line of said Quarter Section 531.08 feet minutes 05 seconds East 269.36 feet to the point of beginning of this to a point on the South Right-of-Way a point on the South Right-of-Way line description; thence North 00 degrees 07 line of Washington Street (US 40); of Washington Street (US 40); thence minutes 05 seconds East 269.36 feet to thence South 68 degrees 50 minutes 00 North 68 degrees 50 minutes 00 seconds a point on the South Right-of-Way line

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of Washington Street (US 40); thence 01 degrees 27 minutes 07 seconds West beginning, containing 1.025 acres, more South 68 degrees 50 minutes 00 seconds 208.82 feet to a point on the South or less. West along said South right-of-way line Right-of-Way line of Washington Street Parcel F 235.91 feet; thence South 29 degrees 14 (US 40); thence South 68 degrees 50 minutes 04 seconds East 90.32 feet; minutes 00 seconds West along said Part of the Southeast Quarter of thence South 00 degrees 07 minutes 05 South right-of-way line 113.00 feet; Section 15; Township 15 North, Range seconds West 105.00 feet; thence South thence South 29 degrees 14 minutes 04 2 East, Marion County, Indiana, 89 degrees 52 minutes 55 seconds East seconds East 90.32 feet; thence South 00 described as follows: 175.54 feet to the place of beginning degrees 07 minutes 05 seconds West Commencing at the Southwest Corner containing 0.996 acres, more or less, 105.00 feet; thence South 89 degrees 52 of said Southeast Quarter, said corner subject however to all legal highways, minutes 55 seconds East 175.54 feet to being marked by a bronze disc inscribed rights-of-way, easements, and the place of beginning containing 0.403 ‘‘Indianapolis Airport Authority 22–C’’ restrictions of record, including but not acres, more or less. set in concrete, thence North 89 degrees limited to the following described Parcel E 49 minutes 01 seconds East (bearings easement: Part of the Southeast Quarter Part of the Southeast Quarter of based on NAD 1983 per Indianapolis of Section 15, Township 15 North, Section 15; Township 15 North, Range Airport Authority Master Plan) along Range 2 East, of the Second Principal 2 East, Marion County, Indiana, the South line of said Southeast Quarter Meridian, all in Marion County, described as follows: Commencing at 1736.32 feet; thence North 00 degrees 10 Indiana, more particularly described as the Southwest Corner of said Southeast minutes 59 seconds West 1086.04 feet; follows: Commencing at the Northeast Quarter, said corner being marked by a thence North 00 degrees 06 minutes 53 Corner of said Southeast Quarter bronze disc inscribed ‘‘Indianapolis seconds East 274.94 feet to the point of Section; thence South 00 degrees 07 Airport Authority 22–C’’ set in concrete, beginning, said point being marked by a minutes 05 seconds West along the East thence North 89 degrees 49 minutes 01 fence post at the Northeast corner of a line of said Quarter Section 531.08 feet seconds East (bearings based on NAD chain link fence; thence North 89 to a point on the South Right-of-Way 1983 per Indianapolis Airport Authority degrees 55 minutes 52 seconds West line of Washington Street (US 40); Master Plan) along the South line of said 162.30 feet to a fence post at the thence South 68 degrees 50 minutes 00 Southeast Quarter 1736.32 feet; thence Northwest corner of said fence, thence seconds West along said right-of-way North 00 degrees 10 minutes 59 seconds North 00 degrees 06 minutes 53 seconds 12.88 feet; thence South 00 degrees 07 West 1086.94 feet to the point of East 138.00 feet; thence South 89 minutes 05 seconds West along a line beginning, said point being marked by a degrees 55 minutes 52 seconds East being parallel with and 12 feet West of fence post at the Southeast corner of a 162.30 feet to a North-South fence line; the East line of the above mentioned chain link fence; thence South 89 thence South 00 degrees 06 minutes 53 Quarter Section 466.59 feet; thence degrees 58 minutes 32 seconds West seconds West along said fence line North 89 degrees 52 minutes 55 seconds 162.45 feet to a fence post at the 138.00 feet to the point of beginning, West 239.65 feet; thence North 00 Southwest corner of said fence; thence containing 0.514 acres, more or less. degrees 07 minutes 05 seconds East North 00 degrees 08 minutes 40 seconds Issued in Des Plaines, Illinois, on July 30, 62.00 feet; thence North 89 degrees 52 East 275.21 feet to a fence post at the 2009. minutes 55 seconds West 107.46 feet to Northwest corner of said fence, thence the point of beginning of this South 89 degrees 55 minutes 52 seconds Jack Delaney, description; thence North 00 degrees 07 East 162.30 feet to a fence post at the Acting Manager, Chicago Airports District minutes 05 seconds East 16.00 feet; Northeast corner of said fence; thence Office, FAA, Great Lakes Region. thence North 89 degrees 52 minutes 55 South 00 degrees 06 minutes 53 seconds [FR Doc. E9–20124 Filed 8–20–09; 8:45 am] seconds West 108.80 feet; thence North West 274.94 feet to the point of BILLING CODE 4910–13–P

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Part II

Department of Education 34 CFR Parts 600, 668, 675, et al. General and Non-Loan Programmatic Issues; Proposed Rule

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DEPARTMENT OF EDUCATION comments only information that they wish to rulemaking sessions, has occurred in make publicly available on the Internet. developing this notice of proposed [Docket ID ED–2009–OPE–0005] FOR FURTHER INFORMATION CONTACT: For rulemaking (NPRM). In accordance with 34 CFR Parts 600, 668, 675, 686, 690, general information or information the requirements of the Administrative and 692 related to the non-Title IV revenue Procedure Act, the Department invites requirement (90/10), John Kolotos. you to submit comments regarding these RIN 1840–AC99 Telephone: (202) 502–7762 or via the proposed regulations on or before Internet at: [email protected]. September 21, 2009. To ensure that your General and Non-Loan Programmatic comments have maximum effect in Issues For information related to all Federal Pell Grant Program issues and the developing the final regulations, we urge you to identify clearly the specific AGENCY: Office of Postsecondary LEAP/GAP Program, Fred Sellers and section or sections of the proposed Education, Department of Education. Jacquelyn Butler. Telephone: (202) 502– regulations that each of your comments ACTION: Notice of proposed rulemaking. 7502 and (202) 502–7890, respectively, or via the Internet at: Fred.Sellers@ addresses and to arrange your comments in the same order as the proposed SUMMARY: The Secretary proposes to ed.gov or [email protected]. implement various general and non-loan For information related to the regulations. Note that enactment as final regulations of any and all provisions of provisions that were added to the provisions for readmission for these proposed regulations is subject to Higher Education Act of 1965, as servicemembers, teach-outs, peer-to- the availability of sufficient amended (HEA), by the Higher peer file sharing, baccalaureate in liberal administrative savings and any Education Opportunity Act of 2008 arts, and institutional plans for provision may be removed from the (HEOA) by amending the regulations for improving the academic program, final rules if sufficient savings do not Institutional Eligibility Under the Wendy Macias. Telephone: (202) 502– materialize. 7526 or via the Internet at: Higher Education Act of 1965, the We invite you to assist us in Student Assistance General Provisions, [email protected]. complying with the specific For information related to all Federal the Federal Work-Study (FWS) requirements of Executive Order 12866, Work-Study Program issues, Nikki Programs, the Teacher Education including its overall requirements to Harris and Harold McCullough. Assistance for College and Higher assess both the costs and the benefits of Telephone: (202) 219–7050 and (202) Education (TEACH) Grant Program, the the proposed regulations and feasible Federal Pell Grant Program, and the 377–4030, respectively, or via the alternatives, and to make a reasoned Leveraging Educational Assistance Internet at [email protected] or determination that the benefits of these Partnership Program (LEAP). [email protected]. proposed regulations justify their costs. For information related to the DATES: We must receive your comments Please let us know of any further provisions for fire safety standards, on or before September 21, 2009. opportunities we should take to reduce missing students procedures, hate crime ADDRESSES: potential costs or increase potential Submit your comments reporting, emergency response and through the Federal eRulemaking Portal benefits while preserving the effective evacuation, and students with and efficient administration of the or via postal mail, commercial delivery, intellectual disabilities, Jessica Finkel. or hand delivery. We will not accept programs. Telephone: (202) 502–7647 or via the As noted elsewhere in the NPRM, two comments by fax or by e-mail. Please Internet at: [email protected]. submit your comments only one time, in of the Department’s negotiated For information related to the rulemaking committees were to a minor order to ensure that we do not receive provisions for extenuating duplicate copies. In addition, please extent involved in the proposed circumstances under the TEACH Grant revisions to 34 CFR 668.184(a)(1) include the Docket ID at the top of your Program, Jacquelyn Butler. Telephone: comments. (Determining cohort default rates for • (202) 502–7890, or via the Internet at: institutions that have undergone a Federal eRulemaking Portal: Go to [email protected]. http://www.regulations.gov to submit change in status) in part 668, subpart M For information related to the of the Student Assistance General your comments electronically. consumer information requirements, Information on using Regulations.gov, Provisions. Team V–General and Non- Brian Kerrigan. Telephone: (202) 219– Loan Programmatic Issues (Team V), including instructions for accessing 7058, or via the Internet at: agency documents, submitting was the negotiating committee [email protected]. responsible for the regulations regarding comments, and viewing the docket, is If you use a telecommunications available on the site under ‘‘How To Use the treatment of cohort default rates for device for the deaf, call the Federal institutions that conduct teach-outs of This Site.’’ Relay Service (FRS), toll free, at 1–800– • closed institutions. Team II–Loans- Postal Mail, Commercial Delivery, 877–8339. or Hand Delivery. If you mail or deliver School-based Issues (Team II), Individuals with disabilities can negotiated all other changes to cohort your comments about these proposed obtain this document in an accessible regulations, address them to Jessica default rates. format (e.g., Braille, large print, We have included the proposed Finkel, U.S. Department of Education, audiotape, or computer diskette) on change to 34 CFR 668.184(a)(1) in this 1990 K Street, NW., room 8031, request to one of the contact persons NPRM as well as in the notice of Washington, DC 20006–8502. listed under FOR FURTHER INFORMATION proposed rulemaking that we are Privacy Note: The Department’s policy for CONTACT. publishing as a result of the negotiations comments received from members of the SUPPLEMENTARY INFORMATION: of Team II. The proposed change is public (including those comments submitted simply a cross-reference in 34 CFR by mail, commercial delivery, or hand Invitation to Comment delivery) is to make these submissions 668.184(a)(1) to 34 CFR 600.32(d) which available for public viewing in their entirety As outlined in the section of this provides that under certain on the Federal eRulemaking Portal at http:// notice entitled Negotiated Rulemaking, circumstances the cohort default rate of www.regulations.gov. Therefore, commenters significant public participation, through a closed institution does not transfer in should be careful to include in their six public hearings and three negotiated any way to the institution that conducts

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a teach-out at the site of the closed (Team I—Loans—Lender General Loan Department in a series of six public institution. We ask that when Issues). A second committee would hearings held on: submitting any comments on the focus on school-based loan issues (Team • September 19, 2008, at Texas proposed changes to §§ 600.32(d) or II—Loans—School-based Loan Issues). Christian University in Fort Worth, 668.184(a)(1), you submit the comments A third committee would focus on Texas; in the docket for this NPRM (Docket ID accreditation (Team III—Accreditation). • September 29, 2008, at the ED–2009–OPE–0005). A fourth committee would focus on University of Rhode Island, in During and after the comment period, discretionary grants (Team IV— Providence, Rhode Island; you may inspect all public comments Discretionary Grants). A fifth committee • October 2, 2008, at Pepperdine about these proposed regulations by would focus on general and non-loan University, in Malibu, California; • accessing Regulations.gov. You may also programmatic issues (Team V—General October 6, 2008, at Johnson C. inspect the comments, in person, in and Non-Loan Programmatic Issues). Smith University, in Charlotte, North room 8031, 1990 K Street, NW., Carolina; The notice requested nominations of • Washington, DC, between the hours of individuals for membership on the October 8, 2008, at the U.S. 8:30 a.m. and 4 p.m., Eastern time, committees who could represent the Department of Education in Washington, DC; and Monday through Friday of each week interests of key stakeholder • except Federal holidays. constituencies on each committee. October 15, 2008, at Cuyahoga Team V—General and Non-Loan Community College, in Cleveland, Ohio. Assistance to Individuals With Programmatic Issues (Team V) met to In addition, the Department accepted Disabilities in Reviewing the develop proposed regulations during the written comments on possible Rulemaking Record regulatory provisions submitted directly months of March 2009, April 2009, and to the Department by interested parties On request, we will supply an May 2009. Team V agreed to establish and organizations. A summary of all appropriate aid, such as a reader or five subcommittees to facilitate the comments received orally and in writing print magnifier, to an individual with a discussion of the issues and expedite is posted as background material in the disability who needs assistance to the development of the proposed docket for this NPRM. Transcripts of the review the comments or other regulations. The subcommittees regional meetings can be accessed at documents in the public rulemaking included some of non-Federal http://www.ed.gov/policy/highered/leg/ record for these proposed regulations. If negotiators and their alternates, outside hea08/index.html. you want to schedule an appointment experts regarding the particular issues for this type of aid, please contact one Staff within the Department also addressed by a subcommittee, ED staff, identified issues for discussion and of the persons listed under FOR FURTHER and other interested parties. The INFORMATION CONTACT. negotiation. subcommittees were: At its first meeting, Team V reached Negotiated Rulemaking (1) Campus Safety, responsible for agreement on its protocols. These issues relating to Fire Safety Standards, Section 492 of the HEA requires the protocols provided that for each Missing Student Procedures, Hate Crime community of interest identified as Secretary, before publishing any Reporting, and Emergency Response proposed regulations for programs having interests that were significantly and Evacuation Procedures. affected by the subject matter of the authorized by Title IV of the HEA, to (2) Peer-to-Peer File Sharing, obtain public involvement in the negotiations, the non-Federal responsible for issues relating to illegal negotiators would represent the development of the proposed downloading of copyrighted materials. regulations. After obtaining advice and organizations listed after their names in (3) Intellectual Disabilities, the protocols in the negotiated recommendations from the public, responsible for issues relating to including individuals and rulemaking process. establishing title IV eligible educational Team V included the following representatives of groups involved in programs for students with intellectual the Federal student financial assistance members: disabilities. • Clais Daniels-Edwards, University programs, the Secretary must subject the (4) LEAP/GAP, responsible for issues of California Student Association, and proposed regulations to a negotiated relating to LEAP and GAP programs. Serena Unrein (alternate), Arizona rulemaking process. All proposed (5) 90/10, responsible for issues Students Association, representing regulations that the Department relating to the requirement that a students. publishes on which the negotiators proprietary institution must derive at • David Baime, American Association reached consensus must conform to least 10 percent of its revenue from of Community Colleges, and Dr. Karla final agreements resulting from that sources other than funds from the title Leach (alternate), Western Wyoming process unless the Secretary reopens the IV, HEA programs. Community College, representing two- process or provides a written In this NPRM we propose regulations year public institutions. explanation to the participants stating for a variety of provisions, stemming • John Curtice, State University of why the Secretary has decided to depart from the work of the subcommittees and New York, and Karen Fooks (alternate), from the agreements. Further main committee, relating to the Federal University of Florida, representing four- information on the negotiated grant and work-study programs, campus year public institutions. rulemaking process can be found at: safety, educational programs for • Scott Fleming, Georgetown http://www.ed.gov/policy/highered/leg/ students with intellectual disabilities, University, and Suzanne Day (alternate), hea08/index.html. copyright infringement, teach-outs, Harvard University, representing On December 31, 2009, the readmission of servicemembers, and private, non-profit institutions. Department published a notice in the non-Title IV revenue. • Elaine Neely, Kaplan Higher Federal Register (73 FR 80314) The Department developed a list of Education Corp., and Mark Pelesh announcing our intent to establish five proposed regulatory provisions based on (alternate), Corinthian Colleges, Inc., negotiated rulemaking committees to the provisions contained in the HEOA representing private, for-profit prepare proposed regulations. One and from advice and recommendations institutions. committee would focus on issues submitted by individuals and • Ray Testa, Empire Education related to lender and general loan issues organizations as testimony to the Group, and Dr. Richard Dumaresq

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(alternate), Pennsylvania Association of (alternate), representing institutions on • Expanding the information that Private School Administrators, peer-to-peer file sharing. institutions must make available to representing cosmetology schools. • David Green, NBC Universal, and prospective and enrolled students to • David Tipton, Berea College, and Jennifer Jacobsen (alternate), Sony include information on: The Ian Robertson (alternate), Warren Music Entertainment, representing employment and placement of students, Wilson College, representing work digital content owners on peer-to-peer the retention rates of first-time, full-time colleges. file sharing. undergraduate students, and completion • Dr. Ray Keck, Texas A&M • Brian Kerrigan, U.S. Department of and graduation rate data that is International University, and Karl Education, representing the Federal disaggregated by gender, race, and grant Brockenbrough (alternate), Bowie State Government. or loan assistance (see section 485(a) of University, representing minority- These protocols also provided that, the HEA). serving institutions. unless agreed to otherwise, consensus • • Establishing requirements for David Gelinas, Davidson College, on all of the amendments in the institutions that maintain on-campus and David Smedley (alternate), George proposed regulations had to be achieved housing facilities to publish annually a Washington University, representing for consensus to be reached on the fire safety report, maintain a fire log, financial aid administrators. entire NPRM. Consensus means that and report fire statistics to the • Sandy Tallman, Ross Education there must be no dissent by any Department (see section 485(i) of the LLC, and Diane Fleming (alternate), member. HEA). Central Michigan University, During the meetings, Team V • Requiring institutions that provide representing financial aid reviewed and discussed drafts of on-campus housing facilities to develop administrators. proposed regulations. At the final • and make available a missing student Karen McCarthy, NASFAA, and meeting in May 2009, Team V did not Joan Berkes (alternate), NASFAA, notification policy and allow students reach consensus on the proposed who reside on campus to confidentially representing financial aid regulations in this document. administrators. register contact information (see section • Maureen Laffey, Delaware Higher Summary of Proposed Changes 485(j) of the HEA). • Expanding the list of crimes that Education Commission, and Dr. Alan These proposed regulations would institutions must include in the hate Edwards (alternate), State Council of implement general and non-Loan crimes statistics reported to the Higher Education for Virginia, provisions of the HEA, as amended by Department (see section 485(f) of the representing State student grant the HEOA, including: agencies. • HEA). • Establishing requirements under • Dr. Nick Bruno, University of which students may receive up to two Requiring institutions to include in Louisiana System, and John Higgins Federal Pell Grant Scheduled Awards the annual security report a statement of (alternate), Purdue University, during a single award year (see section emergency response and evacuation representing business officers and 401(b)(5)(A) of the HEA); procedures (see section 485(f) of the bursars. • HEA). • Providing the maximum Federal • Dr. John Cavanaugh, Pennsylvania Pell Grant eligibility to a student whose Expanding the eligibility for Federal State Systems of Higher Education, parent was in the armed forces and died Pell Grant, FWS, and FSEOG Program representing State higher education in Iraq or Afghanistan if the student was funds to students with intellectual executive officers. under 24 years old or enrolled in an disabilities (see sections 484(s) and 760 • S. Daniel Carter, Security on institution of higher education at the of the HEA). Campus, Inc., and Jonathan Kassa • time the parent died (see section Establishing requirements under (alternate), Security on Campus, Inc., 401(F)(4) of the HEA); which an institution must readmit representing campus safety advocates. • servicemembers to the same academic • Brendan McCluskey, UMDJ Office Establishing extenuating circumstances under which a TEACH status they had when they last attended of Emergency Management, and Dr. the institution (see section 484C of the John Petrie (alternate), George Grant recipient may be excused from fulfilling all or part of his or her service HEA). Washington University, representing • Providing that an institution that campus safety administrators. obligation (see section 420N(d)(2) of the • HEA); conducts a teach-out at a site of a closed Ed Comeau, Campus Firewatch, and • institution may, under certain Phil Hagen (alternate) Georgetown Expanding the use of FWS funds to permit institutions to compensate conditions, establish that site as an University, representing fire safety additional location (see sections 487(f) advocates and administrators. students employed in projects that teach • civics in school, raise awareness of and 498 of the HEA). Paul D. Martin, Center for Campus • Fire Safety, representing fire safety government functions or resources, or Amending the definition of advocates. increase civic participation (see section ‘‘proprietary institution of higher • Michael Lieberman, Anti- 443 of the HEA); education’’ to include institutions that Defamation League, and Cristina Finch • Allowing institutions located in provide a program leading to a (alternate), Human Rights Campaign, major disaster areas to make FWS baccalaureate degree in liberal arts, if representing human rights advocates. payments to disaster-affected students the institution provided that program • Delores Stafford, George (see section 445(d) of the HEA). since January 1, 2009, and has been Washington University, and Lisa • Revising definitions and terms accredited by a regional accrediting Phillips (alternate), IACLEA, relating to work colleges (see section agency since October 1, 2007, or earlier representing law enforcement. 448 of the HEA). (see section 102(b)(1)(A) of the HEA). • Stephanie Smith Lee, NDSS, and • Establishing new requirements for • Providing that an institution must Madeleine C. Will (alternate), determining how proprietary certify that it has plans to effectively representing individuals with institutions calculate the amount and combat unauthorized distribution of intellectual disabilities. percent of revenue derived from sources copyrighted material and will offer • Gregory Jackson, The University of other than title IV, HEA program funds alternatives to illegal downloading or Chicago, and Matthew Arthur (see section 487(d) of the HEA). peer-to-peer distribution of intellectual

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property (see sections 485(a)(1) and employment in a recognized Center for Education Statistics’ (NCES) 487(a) of the HEA). occupation. Classification of Instructional Programs • Expanding the information that an Current Regulations: Section (CIP), the Federal government statistical institution must make available to 600.5(a)(5) defines a proprietary standard on instructional program prospective and enrolled students to institution of higher education as one classifications. Specifically, the include a description of any plans the that provides an eligible program of instructional categories are from the institution has to improve its academic training, defined in § 668.8, to prepare description of CIP 24, Liberal Arts and program (see section 485(a) of the HEA). students for gainful employment in a Sciences, General Studies, and • Providing that the non-Federal recognized occupation. Humanities, which would ensure that a share of student grants or work-study Proposed Regulations: The proposed program meets a generally accepted jobs under the LEAP Program must be change to § 600.5(a)(5) would add to the standard for liberal arts programs. The State funds and that the non-Federal definition of proprietary institution of definition excludes independently- share no longer has to come from a higher education, an institution that designed programs, individualized direct appropriation of State funds (see provides a program leading to a programs, and unstructured studies as section 415C(b)(10) of the HEA). baccalaureate degree in liberal arts that the Department believes that, to meet • Requiring the State program to the institution has provided since the statutory requirement that an notify students that grants are LEAP January 1, 2009, so long as the institution offer a program, it must be an Grants that are funded by the Federal institution has been accredited by a organized program of study that is Government, the State, and for LEAP recognized regional accreditation essentially the same for all students, Grants to students under the new Grants agency or organization since October 1, except that it could include some for Access and Persistence (GAP) 2007, or earlier. In addition, a new elective courses. paragraph (e) would be added to § 600.5 Program, other contributing partners Institutional Requirements for Teach- (see section 415C(b) of the HEA). to include a definition of a program • leading to a baccalaureate degree in Outs and Eligibility and Certification Establishing the activities, awards, Procedures (§§ 600.2, 600.32, 668.14) allotments to States, matching funds liberal arts. The definition would requirements, consumer information require that the institution’s recognized Statute: The HEOA added paragraph requirements, application requirements, regional accreditation agency or (f) to section 487 of the HEA to provide and other requirements needed to begin organization determine that the program that, whenever the Department initiates and continue participating in the GAP is a general instructional program in the an action to limit, suspend, or terminate Program (see sections 415B and 415E of liberal arts subjects, the humanities (LS&T) an institution’s participation in the HEA). disciplines, or the general curriculum, any Title IV program or initiates an falling within one or more generally emergency action against an institution, Significant Proposed Regulations accepted instructional categories the institution must prepare a teach-out We group major issues according to comprising such programs, but plan for submission to its accrediting subject, with appropriate sections of the including only instruction in regular agency. The teach-out plan must be proposed regulations referenced in programs, and excluding independently prepared in accordance with section parentheses. We discuss other designed programs, individualized 496(c)(6) of the HEA (mistakenly cited substantive issues under the sections of programs, and unstructured studies. The as section 496(c)(4) in the HEA) and any the proposed regulations to which they generally accepted instructional applicable title IV, HEA program pertain. Generally, we do not address categories would be: regulations or accrediting agency • proposed regulatory provisions that are A program that is a structured standards. A teach-out plan is defined technical or otherwise minor in effect. combination of the arts, biological and as a written plan that provides for physical sciences, social sciences, and equitable treatment of students if an Part 600 Institutional Eligibility Under humanities, emphasizing breadth of institution ceases to operate before all the Higher Education Act of 1965, as study; students have completed their program Amended • An undifferentiated program that of study, and may include, if required Definition of Baccalaureate Liberal Arts includes instruction in the general arts by the institution’s accrediting agency, a teach-out agreement. Programs Offered by Proprietary or general science; • A program that focuses on The HEOA also added section 498(k) Institutions (§ 600.5) combined studies and research in the of the HEA to provide that a location of Statute: Effective July 1, 2010, the humanities subjects as distinguished a closed institution is eligible as an HEOA amends the definition of from the social and physical sciences, additional location of another proprietary institution of higher emphasizing languages, literatures, art, institution for the purpose of education in section 102(b)(1)(A) of the music, philosophy and religion; and conducting a teach-out if the teach-out HEA to include an institution that • Any single instructional program in is approved by the institution’s provides a program leading to a liberal arts and sciences, general studies accrediting agency. The institution that baccalaureate degree in liberal arts that and humanities not listed above. conducts the teach-out under this the institution has provided since Reasons: The regulations are amended provision is permitted to establish a January 1, 2009, so long as the to reflect the changes made by the permanent additional location at the institution has been accredited by a HEOA. The regulations would require closed institution without having to recognized regional accreditation that an institution’s accrediting agency satisfy the requirements for additional agency or organization since October 1, determine that a program is a liberal arts locations in sections 102(b)(1)(E) and 2007, or earlier. As the language in program as defined in this section in 102(c)(1))(C) of the HEA—i.e., that a section 102(b)(1)(A)(i) of the HEA is not order to ensure that a program meets a proprietary institution or a new, this change does not affect the generally accepted standard for liberal postsecondary vocational institution eligibility of current programs or alter arts programs. The proposed definition must have been in existence for two the method used by the Department in of a program leading to a baccalaureate years to be eligible—and without determining that a program of training degree in liberal arts is from the U.S. assuming the liabilities of the closed prepares students for gainful Department of Education’s National institution.

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One of the four new accrediting policy of the institution that has closed determination of cohort default rates for agency operating procedures added by or ceased to provide educational institutions that have undergone a the HEOA as section 496(c)(3) of the programs regarding refunds of change in status). An institution that HEA requires accrediting agencies to institutional charges to students in accepts responsibility for conducting a approve teach-out plans submitted by effect before the date of the acquisition teach-out of students under such an institutions they accredit if the of the assets of the additional location arrangement would still have to comply Department notifies the agency of an for the students who were enrolled with § 600.32(c)(3), which requires the action against an institution in before that date. additional location to abide by the accordance with section 487(f) of the Proposed Regulations: Section 600.2 policy of the institution that has closed HEA, if the institution’s accreditation is would define a teach-out plan as a or ceased to provide educational withdrawn, terminated or suspended, or written plan developed by an institution programs regarding refunds of if the institution intends to cease that provides for the equitable treatment institutional charges to students in operations. This provision was of students if an institution, or an effect before the date of the acquisition negotiated by Team III—Accreditation institutional location that provides 100 of the assets of the additional location and will be reflected in the NPRM percent of at least one program, ceases for the students who were enrolled developed to implement accreditation to operate before all students have before that date. As a condition for issues (Docket ID ED–2009–OPE–). completed their program of study, and approval of the additional location, the Because of the overlap in these three may include, if required by the Department may require that payments provisions, the development of institution’s accrediting agency, a teach- from the institution conducting the proposed regulatory language was out agreement between institutions. teach-out to the owners of the closed coordinated between the two Section 668.14 would be amended to institution, or related parties, be used to negotiating committees. include in the program participation pay any liabilities owed by the closed agreement the requirement in section Current Regulations: Section 600.32 institution. 487(f) of the HEA. In addition to Reasons: The regulations are amended provides that an additional location is requiring an institution to submit a to reflect the changes made by the eligible to participate in the title IV, teach-out plan to its accrediting agency HEOA. HEA programs if it meets the whenever the Department initiates an In proposed § 668.14(b)(31), the requirements for institutional eligibility LS&T, or an emergency action against circumstances under which an in (1) § 600.4 (eligibility requirements the institution, as required by statute, institution would be required to submit for an institution of higher education), proposed § 668.14(b)(31) would require a teach-out plan to its accrediting § 600.5 (eligibility requirements for a an institution to submit a teach-out plan agency would be expanded beyond the proprietary institution), or § 600.6 when (1) the institution’s accrediting circumstances listed in the statute to (eligibility requirements for a agency acts to withdraw, terminate, or specifically address other situations postsecondary vocational institution); suspend the accreditation or where the Department believes the (2) § 600.8 (treatment of a branch preaccreditation of the institution; (2) potential closure will put significant campus), and (3) § 600.10 (date, extent, the institution’s State licensing or numbers of students at risk of being duration, and consequences of authorizing agency revokes the unable to complete their program, eligibility). However, to qualify as an institution’s license or legal including the closure of a location that eligible additional location, a location is authorization to provide an educational provides 100 percent of at least one not required to have been in existence program; (3) the institution intends to program. This list of circumstances for two years unless (1) the location was close a location that provides 100 would conform with proposed changes a facility of another institution that has percent of at least one program; or (4) in §§ 602.3 and 602.24 of the Team III— closed or ceased to provide educational the institution otherwise intends to Accreditation NPRM (Docket ID ED– programs for a reason other than a cease operations. 2009–OPE–) for implementing section normal vacation period or a natural Proposed § 600.32(d) would 496(c)(3) of the HEA, which directs disaster that directly affects the implement section 498(k) of the HEA to accrediting agencies to require institution or the institution’s students; provide that an institution that conducts institutions to submit a teach-out plan (2) the applicant institution acquired, a teach-out for a closed institution for approval upon the occurrence of either directly from the institution that whenever the Department initiates an certain events. As a result, the definition closed or ceased to provide educational LS&T, or an emergency action against of a teach-out plan would apply to an programs, or through an intermediary, the institution, may apply to have that institutional location that provides 100 the assets at the location; and (3) the site approved as an additional location, percent of at least one program, and institution from which the applicant if the teach-out plan was approved by would be the same definition used in 34 institution acquired the assets of the the closed institution’s accrediting CFR part 602 for the Secretary’s location owes a liability for a violation agency. If the Department approves the Recognition of Accrediting Agencies. of an HEA program requirement and is institution to add the additional Proposed § 600.32(d) would be not making payments in accordance location, the ‘‘two-year rule’’ would not consistent with statutory intent to with an agreement to repay that apply to the additional location. In encourage an institution to conduct a liability. An additional location that addition, the institution would not teach-out of a closed institution and our must meet the two-year rule for these assume the liabilities of the closed view that the cohort default rate of a reasons, nevertheless, is exempt from institution, and the institution would closed institution could be a potential the two-year rule if it agrees (1) to be not assume the cohort default rate of the impediment that could dissuade another liable for all improperly expended or closed institution, provided the institution from conducting the teach- unspent title IV program funds received institutions are not related parties and out if its default rate would be adversely by the institution that has closed or there is no commonality of ownership affected by the closed institution’s ceased to provide educational programs; or management between the default rate. However, the proposed (2) to be liable for all unpaid refunds institutions, as described in proposed 34 regulations would ensure that this owed to students who received title IV CFR 668.188(b) and 34 CFR 668.207(b) provision is not used by an owner to program funds; and (3) to abide by the (these sections address the circumvent an undesirable cohort

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default rate or liabilities for one HEA provides that an institution of service, the period of service does not institution by having it become an higher education may not deny include any service: additional location of another readmission to a servicemember of the • That is required, beyond five years, institution under the same, or related, uniformed services for reasons relating to complete an initial period of ownership. Preserving the Department’s to that service. In addition, a student obligated service; right to require that payments from the who is readmitted to an institution • During which the student was institution conducting the teach-out to under this section must be readmitted unable to obtain orders releasing the the owners of the closed institution, or with the same academic status as the student from a period of service in the related parties, be used to pay any student had when he or she last uniformed services before the expiration liabilities owed by the closed attended the institution. An affected of the five-year period and the inability institution, provides the benefit to the servicemember is any individual who is to obtain those orders was through no institution that conducts the teach-out a member of, applies to be a member of, fault of the student; or of not assuming any liabilities owed by or performs, has performed, applies to • That is performed by a member of the closed school, while ensuring that perform, or has the obligation to the Armed Forces (including the any funds paid to the owners of the perform, service in the uniformed National Guard and Reserves) who is— » closed school are applied against any services. This requirement applies to Ordered to or retained on active title IV program liabilities owed by that service in the uniformed services, duty under section 688, 12301(a), institution. whether voluntary or involuntary, on 12301(g), 12302, 12304, or 12305 of No changes are proposed to the active duty in the Armed Forces, Title 10, U.S.C., or under section 331, applicability of § 600.32(c)—that the including service as a member of the 332, 359, 360, 367, or 712 of Title 14, institution opening the additional U.S.C.; National Guard or Reserve, for a period » location must continue to apply the of more than 30 days under a call or Ordered to or retained on active refund policy for the students from the order to active duty of more than 30 duty (other than for training) under any institution that has closed or ceased to days. provision of law because of a war or provide educational programs. This Any student whose absence from an national emergency declared by the obligation to protect the students by institution of higher education is President or the Congress; » Ordered to active duty (other than keeping the same refund policy in place necessitated by reason of service in the for training) in support of an operational continues because it is different from uniformed services is entitled to mission for which personnel have been the pre-existing liabilities that the readmission if: ordered to active duty under section institution is not required to assume • The student (or an appropriate under this provision. 12304 of Title 10, U.S.C.; officer of the Armed Forces or official of » Odered to active duty in support of Some non-Federal negotiators felt the Department of Defense) gives that, in keeping with proposed 34 CFR a critical mission or requirement of the advance written or verbal notice of such Armed Forces (including the National 668.14(b)(31), proposed § 600.32(d) service to the appropriate official at the should be expanded to allow the Guard or Reserve); or institution; » Called into Federal service as a exemptions from the two-year rule, the • The cumulative length of the assumption of liabilities, and the member of the National Guard under absence and of all previous absences chapter 15 of Title 10, U.S.C., or section assumption of the cohort default rate, to from that institution of higher education apply when an institution conducts a 12406 of Title 10, U.S.C. by reason of service in the uniformed An affected servicemember must, teach-out at an institution that closes for services does not exceed five years; and upon the completion of a period of reasons other than those listed in • Except as otherwise provided in service in the uniformed services, notify section 498(k) of the HEA—i.e., the this section, the student submits a the institution of his or her intent to initiation of a limitation, suspension, or notification of intent to reenroll in the return to the institution not later than termination of the institution, or an institution. three years after the completion of the emergency action against the institution However, no advance notice by the period of service. However, a student by the Department. The Department student is required if the giving of such who is hospitalized for or convalescing would limit the availability of this notice is precluded by military from an illness or injury incurred in or procedure (allowing an institution to necessity, such as a mission, operation, aggravated during the performance of conduct a teach-out of a closed exercise, or requirement that is service in the uniformed services must institution without the imposition of classified; or a pending or ongoing notify the institution of his or her intent customary restrictions to discourage mission, operation, exercise, or to return to the institution not later than institutions not subject to an LS&T, or requirement that may be compromised two years after the end of the period that emergency action from arranging a or otherwise adversely affected by is necessary for recovery from such closure and sale of the institution) public knowledge. In addition, any illness or injury. A student who fails to without liabilities in situations where a student (or an appropriate officer of the apply for readmission within the buyer would otherwise purchase the Armed Forces or official of the required period does not automatically institution and assume the institution’s Department of Defense) who did not forfeit eligibility for readmission to the liabilities under existing change of give advance notice of service to the institution, but is subject to the ownership rules. appropriate official at the institution institution’s established leave of Part 668 Student Assistance General may meet the notice requirement by absence policy and general practices. Provisions submitting, at the time the student seeks A student who submits an application readmission, an attestation to the for readmission to an institution must Readmission Requirements for student’s institution that the student provide to the institution Servicemembers (§ 668.18) performed service in the uniformed documentation to establish that: Statute: The HEOA added new services that necessitated the student’s • The student has not exceeded the section 484C to the HEA to address absence from the institution. specified service limitations; and institutional readmission requirements When determining the cumulative • The student’s eligibility for for servicemembers. Section 484C of the length of the student’s absence for readmission has not been terminated.

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An institution may not delay or program to which the completed credit Finally, § 668.18(a)(4) would make attempt to avoid a readmission of a hours or clock hours are not clear that the provisions of this section student under this section by transferable; supersede any State law or other demanding documentation that does not • With the same academic standing requirement that reduce, limit, or exist, or is not readily available, at the (e.g., with the same satisfactory eliminate any right or benefit provided time of readmission. academic progress status) the student by this section. A student’s eligibility for readmission previously had; Service in the Uniformed Services to an institution under this section by • If the student is readmitted to the reason of such student’s service in the same program, for the first academic Section 668.18(b) would delineate uniformed services terminates upon the year in which the student returns, by what service in the uniformed services occurrence of any of the following assessing the same institutional charges means for purposes of this section. This events: that the student was or would have been section would expand upon the • A separation of such person from assessed for the academic year during statutory language to clarify that service the Armed Forces (including the which the student left the institution; in the uniformed services includes National Guard and reserves) with a • If the student is admitted to a active duty for training and full-time dishonorable or bad conduct discharge; different program, and for subsequent National Guard duty under Federal • A dismissal of such person academic years for a student admitted to authority (i.e., not National Guard permitted under section 1161(a) of Title the same program, by assessing no more service under authority of State law). In 10, U.S.C.; or than the institutional charges that other addition, the regulations would specify • A dropping of such person from the students in the program are assessed for that qualifying service must be for more rolls pursuant to section 1161(b) of Title that academic year; and than 30 consecutive days under a call or 10, U.S.C. • Waiving charges for equipment order to active duty of more than 30 Current Regulations: None. required in lieu of equipment the consecutive days. Proposed Regulations: student paid for when the student was previously enrolled. Readmission Procedures General In the case of a student who is not Section 668.18(c) would list the Section 668.18(a) would include the prepared to resume the program at the statutory conditions under which an general requirements of the statute that point where he or she left off or will not institution must readmit a an institution may not deny readmission be able to complete the program, servicemember. In addition, to a servicemember, but must readmit § 668.18(a)(2)(iv) would require the § 668.18(c)(2)(i) would require an the servicemember with the same institution to make reasonable efforts to institution to designate one or more academic status as the student had help the student become prepared or to offices for the purpose of receiving when the student was last admitted to enable the student to complete the advance notice from students of their the institution. The proposed program including, but not limited to, absence from the institution regulations would clarify that the providing refresher courses at no extra necessitated by service in the uniformed requirements of this section also apply cost and allowing the student to retake services, and notice from students of an to a student who was admitted to an a pretest at no extra cost. The institution intent to return to the institution. institution, but did not begin attendance would not be required to readmit the Section 668.18(c)(1)(i) would make clear because of service in the uniformed student if, after reasonable efforts by the that advance notice must be provided by services. The proposed regulations institution, the student is still not the student as far in advance as is would specify that the institution must prepared to resume the program at the reasonable under the circumstances. promptly readmit a student, and would point where he or she left off, or is still However under § 668.18(c)(2)(ii) and define ‘‘promptly readmit’’ as unable to complete the program. In (iii), such notice would not need to readmitting a student into the next class addition, an institution would not be follow any particular format, nor would or classes in the student’s program required to readmit a student if there are a student have to indicate as part of the unless the student requests a later date no reasonable efforts the institution can notice whether the student intends to of admission, or unusual circumstances take to prepare the student to resume return to the institution. Also, the require the institution to admit the the program, or to enable the student to regulations would make clear that an student at a later date. complete the program. institution may not set a brightline Section 668.18(a)(2)(iii) would specify The proposed regulations would deadline for submission of any such that to readmit a person with the ‘‘same define ‘‘reasonable efforts’’ as actions notice, but must judge the timeliness of academic status’’ means that the that do not place an undue hardship on submission by the facts of a particular institution admits the student: the institution. An ‘‘undue hardship’’ case. As such notice may be provided by • To the same program to which he would be defined as requiring an appropriate officer of the Armed or she was last admitted by the significant difficulty or expense to the Forces, § 668.18(c)(2)(iv) would clarify institution or, if that program is no institution. An institution would carry who an ‘‘appropriate officer’’ is. The longer offered, the program that is most the burden to prove by a preponderance regulations would also provide that a similar, unless the student requests or of the evidence that the student is not student’s notice of intent to return may agrees to admission to a different prepared to resume the program with be provided orally or in writing and program; the same academic status at the point would not need to follow any particular • At the same enrollment status that where the student left off, or that the format. Section 668.18(c)(1)(ii) would the student last held at the institution, student will not be able to complete the make clear that the cumulative length of unless the student requests or agrees to program. all previous absences by an affected admission at a different enrollment Section 668.18(a)(3) would make clear student from the institution would status; that the requirements of this section include only the time the student • With the same number of credit apply to an institution even if that spends actually performing service in hours or clock hours completed institution has undergone a change of the uniformed services. A period of previously by the student, unless the ownership since the student ceased absence from the institution before or student is readmitted to a different attendance. after performing service in the

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uniformed services would not count proposed regulations, the Department program are assessed for that academic against the five year limit. For example, sought to be as consistent as possible year. after the individual completes a period with the regulations implementing the To address concerns voiced by non- of service in the uniformed services, he USERRA. The Department believes that Federal negotiators that the regulations or she is provided a certain amount of the purpose of these provisions, as with would not allow an institution to time to return to the institution. The the USERRA, is to minimize the readmit a student with a different period between completing the disruption to the lives of persons academic status, even if the student uniformed service and returning to the performing service in the uniformed wanted the change, the regulations institution would not count against the services, allowing a student to return to would make clear that the institution five-year limit. an institution without penalty for may admit the student with a different having left because of service in the academic status if the student requests Exceptions to Advance Notice uniformed services. or agrees to the change. Section 668.18(d) would restate the Consistent with USERRA regulations General statutory language for exceptions to (20 CFR 1002.198) which require an advance notice. Because the statute refers to employer to make reasonable efforts, if ‘‘readmission’’ of servicemembers, the necessary, to help an employee become Cumulative Length of Absence Department believes that the statute was qualified for the reemployment position, Section 668.18(e) would restate the intended to apply not just to a student § 668.18(a)(2)(iv) would require the statutory types of service that are not who began attendance at an institution institution to make reasonable efforts, if included in the cumulative length of the and left because of service in the necessary, to help a returning student student’s absence, including a brief uniformed services, but also to a student become prepared or to enable the description of the types of services who was admitted to an institution, but student to complete the program referenced in titles 10 and 14 of the did not begin attendance because of including, but not limited to, providing United States Code. service in the uniformed services. refresher courses at no extra cost and In line with the goal of minimizing allowing the student to retake a pretest Notification of Intent to Reenroll the disruption to the lives of persons at no extra cost. The Department Section 668.18(f) would restate the performing service in the uniformed believes requiring an institution to make statutory provision providing that a services and to prevent an institution such an effort is in line with the goal of student who fails to apply for from unduly delaying an individual’s allowing a student to return to an readmission within the required periods readmission, the proposed regulations institution without penalty for having does not automatically forfeit eligibility would require an institution to left because of service in the uniformed for readmission to the institution, but is promptly readmit a student, and would services. To ensure that such an effort subject to the institution’s established define ‘‘promptly readmit’’ as does not unduly burden the institution leave of absence policy and general readmitting a student into the next class financially or administratively, the practices. or classes in the student’s program proposed regulations would use the unless the student requests a later date USERRA regulations definitions of Documentation of admission, or unusual circumstances ‘‘reasonable efforts’’—actions that do Section 668.18(g) would list the require the institution to admit the not place an undue hardship on the documentation required by the statute student at a later date. If, for example, institution and ‘‘undue hardship’’— that a student must submit with an an institution must make efforts to help requiring significant difficulty or application for readmission. The the student become prepared to resume expense to the institution. regulations would list several specific the program, and such efforts would not In addition, as USERRA regulations types of documentation that satisfy the be completed in time for the student to (20 CFR 1002.139) provide an employer statutory documentation requirements, begin the next class, a later date of with a degree of flexibility in meeting its making clear that the types of admission would be justified. reemployment obligations by not documentation available or necessary The proposed requirements in requiring an employer to reemploy an will vary from case to case. § 668.18(a)(2)(iii) for readmitting a individual under very limited person with the ‘‘same academic status’’ circumstances, so would Termination of Readmission Eligibility are consistent with USERRA regulations § 668.18(a)(2)(iv)(B) provide institutions Section 668.18(h) would list the (20 CFR 1002.191 and 1002.192), which with some flexibility to not readmit a circumstances listed in the statute under require an employer to employ a student if, (1) after reasonable efforts by which a student’s eligibility for returning servicemember in the same the institution, the student is still not readmission to an institution would be position he or she left, so as to not prepared to resume the program at the terminated, including a brief description penalize the individual for having left to point where he or she left off, or is still of the types of circumstances referenced serve in the uniformed services. The unable to complete the program; or (2) in title 10 of the United States Code. Department has chosen to focus only on if there are no reasonable efforts the Reasons: The regulations are amended the readmission of a servicemember by institution can take to prepare the to reflect the changes made by the requiring that, if the student is student to resume the program, or to HEOA. The statutory provisions for readmitted to the same program, for the enable the student to complete the readmission of servicemembers to first academic year in which the student program. Consistent with USERRA institutions of higher education were returns, the institution would have to regulations (20 CFR 1002.139), an based on the provisions of the assess the same institutional charges institution would carry the burden to Uniformed Services Employment and that the student had or would have been prove by a preponderance of the Reemployment Rights Act (USERRA) assessed for the academic year during evidence that the student is not (38 U.S.C. 4301–4334), which which the student left the institution. prepared to resume the program with established the process for However, this protection would not the same academic status at the point servicemembers to return to apply to subsequent years, when the where the student left off, or that the employment after serving on active institution could assess the institutional student will not be able to complete the duty. Therefore, in developing these charges that other students in the program.

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Consistent with the Department’s a call or order to active duty of more Non-Title IV Revenue Requirement practice of treating an institution that than 30 consecutive days. This would (90/10) has undergone a change of ownership as exclude shorter periods of Reserve and Institutional Eligibility and Sanctions the same institution, § 668.18(a)(3) National Guard service from being (§§ 668.14(b)(16), 668.28(c), and added together to trigger this provision. provides that the requirements of this 668.13(c)) section would apply to an institution Readmission Procedures even if that institution has undergone a Statute: The HEOA moved the change of ownership since the student Section 668.18(c) would list the requirement that a proprietary ceased attendance. statutory conditions under which an institution derive at least 10 percent of As with USERRA regulations (20 CFR institution must readmit a its revenue from sources other than title 1002.7(b)), § 668.18(a)(4) would make servicemember. An institution would be IV, HEA program funds from the clear that the provisions of this section required to designate one or more institutional eligibility provisions in supersede any State law or other offices for the purpose of receiving section 102(b) of the HEA to the general requirement that reduces, limits, or advance notice from students of their provisions in section 487(d) of the HEA. eliminates any right or benefit provided absence from the institution As a result, a proprietary institution that by this section. This provision would necessitated by service in the uniformed does not satisfy the 90/10 revenue make it possible, for example, to services, and notice from students of an requirement for a fiscal year, no longer readmit a servicemember into a class for intent to return to the institution to ease loses its eligibility to participate in the a semester even if that class was at the administrative burden for institutions title IV, HEA programs. Instead, as maximum enrollment level set by the and to assist students in directing their provided in section 487(d)(2) of the institution’s State. The preemption only notice to the appropriate individuals. HEA, the institution’s participation applies when it is the admission of the Also, consistent with USERRA becomes provisional for two fiscal years. returning servicemember that would be regulations (20 CFR 1002.85), to ease If the institution does not satisfy the prevented by the State law or other administrative burden for institutions, a 90/10 revenue requirement for two requirement. The institution is expected student would have to provide notice consecutive fiscal years, it loses its to take other steps to come into that he or she is leaving as far in eligibility to participate in the title IV, compliance with the State law or other advance as is reasonable under the HEA programs for at least two fiscal requirements for future periods of circumstances. However, also consistent years. enrollment. As with USERRA with USERRA regulations (20 CFR During the two fiscal years the institution is provisionally certified regulations, these regulations would not 1002.85 and 1002.88), to ensure that a because it failed to satisfy the 90/10 supersede, nullify or diminish any student’s advance notice is not subject revenue requirement for a fiscal year, Federal or State law (including any local to unreasonable requirements by an the institution’s provisional certification law or ordinance), contract, agreement, institution: (1) Such notice would not terminates on the expiration date of its policy, plan, practice, or other matter need to follow any particular format; (2) program participation agreement or the that establishes an individual’s right or an institution would have to judge the date it loses its eligibility to participate benefit that is more beneficial than, or timeliness of submission by the facts of because it failed to satisfy the is in addition to, a right or benefit a particular case; and (3) a student requirement for two consecutive fiscal provided under the HEA. would not have to indicate as part of the notice whether the student intends to years. To regain eligibility, the Service in the Uniformed Services return to the institution. For the same institution must demonstrate that it Section 668.18(b) clarifies that service reason, the regulations would also complied with all eligibility and in the uniformed services includes provide that a student’s notice of intent certification requirements under section active duty for training, because it is a to return may be provided orally or in 498 of the HEA for a minimum of two form of active duty in the Armed Forces. writing and would not need to follow fiscal years after the fiscal year it Consistent with USERRA regulations any particular format (consistent with became ineligible. (20 CFR 1002.57), service in the USERRA regulations section 1002.118). Current Regulations: The regulations uniformed services would include full- Consistent with USERRA regulations in 34 CFR 600.5(a)(8), (e), (f), and (g), time National Guard duty under Federal (20 CFR 1002.100), § 668.18(c)(1)(ii) identify the requirements for, and authority, but not National Guard would make clear that the cumulative consequences of failing, the 90/10 service under authority of State law, length of all previous absences by an revenue provision. Proposed Regulations: In general, the which is not considered to be service in affected student from the institution proposed regulations would remove all the uniformed services for purposes of would include only the time the student of the 90/10 revenue provisions from 34 these provisions. As explained in 20 spends actually performing service in CFR 600.5 and relocate those CFR 1002.57 of the USERRA the uniformed services. This means that provisions, as amended by the HEOA, to regulations: the time a servicemember spent away from the institution either before, after, subpart B of part 668. Accordingly, The National Guard has a dual status. It is or in-between periods of service in the proposed § 668.14(b)(16) would amend a Reserve component of the Army, or, in the uniformed services does not count the program participation agreement to case of the Air National Guard, of the Air specify that a proprietary institution Force. Simultaneously, it is a State military toward the maximum amount of time force subject to call-up by the State Governor the servicemember may spend in active must derive at least 10 percent of its for duty not subject to Federal control, such service before losing the protections in revenue for each fiscal year from as emergency duty in cases of floods or riots. this provision. sources other than title IV, HEA National Guard members may perform program funds. If an institution does not service under either Federal or State Documentation satisfy the 90/10 requirement, the authority, but only Federal National Guard The list of specific types of proposed regulations in § 668.28(c) service is covered by USERRA. documentation was included to assist would incorporate the statutory In addition, the regulations would students and institutions in identifying consequences and require the specify that qualifying service must be documents that satisfy the statutory institution to notify the Secretary no for more than 30 consecutive days under documentation requirements. later than 45 days after the end of its

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fiscal year that it failed the 90/10 will be used to pay the student’s tuition, the loan received by the institution requirement. Also, and in keeping with fees, or other institutional charges, exceeds the limit on such loan in effect the provisional certification requirement regardless of whether the institution on the day before the date of enactment in the statute, § 668.13(c) would be credits those funds to the student’s of the Ensuring Continued Access to amended by adding proposed paragraph account or pays those funds directly to Student Loans Act (ECASLA) of 2008; (1)(ii) to provide that a proprietary the student, except to the extent that the and institution’s certification automatically student’s tuition, fees, or other (6) Exclude from revenues— becomes provisional if it fails the 90/10 institutional charges are satisfied by: • The amount of funds the institution requirement for any fiscal year. • Grant funds provided by non- received under part C (Federal Work Reasons: The proposed regulations Federal public agencies or private Study), unless the institution used those reflect the statutory requirements. The sources independent of the institution; funds to pay a student’s institutional provision under which an institution • Funds provided under a contractual charges. would notify the Department that it arrangement with a Federal, State, or • The amount of funds the institution failed the 90/10 requirement no later local government agency for the purpose received under subpart 4 of part A than 45 after its fiscal year, parallels, but of providing job training to low-income (LEAP, SLEAP, or GAP). would shorten, the current 90-day individuals who are in need of that • The amount of funds provided by timeframe in 34 CFR 600.5(f). An training; the institution as matching funds for a institution at risk of failing the 90/10 • Funds used by a student from title IV, HEA program. • requirement is expected to monitor its savings plans for educational expenses The amount of title IV, HEA revenue sources and amounts carefully established by or on behalf of the program funds provided by the throughout the year, and is expected to student and which qualify for special institution that are required to be know if it failed shortly after the end of tax treatment under the Internal refunded or returned. • its fiscal year. Consequently, we believe Revenue Code of 1986; or The amount charged for books, • that 45 days provides ample time for the Institutional scholarships. supplies, and equipment, unless the institution to confirm on-going (4) Include institutional aid as institution includes that amount as revenue to the school only as follows: tuition, fees, or other institutional assessments of its compliance with this • requirement. For loans made by the institution charges. on or after July 1, 2008 and prior to July Current regulations: The regulations Calculating the Revenue Percentage 1, 2012, the net present value (NPV) of in 34 CFR 600.5 address many, but not (§ 668.28(a)) those loans made by the institution all, of the statutory requirements for Statute: Section 487(d) of the HEA during the applicable institutional fiscal calculating the 90/10 revenue prescribes the requirements that year accounted for on an accrual basis percentage. However, as discussed proprietary institutions must follow in and estimated in accordance with previously, the regulations in this calculating their 90/10 revenue generally accepted accounting section would be removed. percentage. Under these requirements, principles and related standards and Section 668.23(d)(4) requires a an institution must— guidance, if the loans are bona fide as proprietary institution to report its (1) Use the cash basis of accounting, evidenced by enforceable promissory 90/10 ratio in a footnote to its audited except for certain loans made by the notes; are issued at intervals related to financial statements. institution; the institution’s enrollment periods; and Proposed regulations: Proposed (2) Consider as revenue only those are subject to regular loan repayments § 668.28(a) incorporates the statutory funds generated by the institution from: and collections. requirements. • Tuition, fees, and other institutional • For loans made by the institution We propose to implement the charges for students enrolled in eligible on or after July 1, 2012, only the amount statutory provision relating to counting programs. of loan repayments received during the revenue from non-title IV eligible • Activities conducted by the applicable institutional fiscal year, programs by providing that these institution that are necessary for the excluding repayments on loans made programs may prepare students to take education and training of the and accounted for which the NPV was an examination for an industry- institution’s students, if those activities used. recognized credential or certificate are conducted on campus or at a facility • For scholarships provided by the issued by an independent third-party, under the control of the institution, are institution, only those scholarships provide training needed for students to performed under the supervision of a provided by the institution in the form maintain State licensing requirements, member of the institution’s faculty, and of monetary aid or tuition discounts or provide additional training for are required to be performed by all based upon the academic achievements practitioners. students in a specific educational or financial need of students, disbursed An institution would continue to program at the institution. during each fiscal year from an report the revenue percentages in a • Funds paid by a student, or on established restricted account, and only footnote to its audited financial behalf of a student by a party other than to the extent that funds in that account statements, but the revisions in the institution, for an education or represent designated funds from an proposed § 668.23(d)(4) would require training program that is not eligible for outside source or from income earned the institution to identify in that title IV, HEA program funds, if the on those funds. footnote the non-Federal and Federal program is approved or licensed by the (5) For each student who receives a revenues by category. appropriate State agency, is accredited loan on or after July 1, 2008, and prior With regard to institutional loans for by an accrediting agency recognized by to July 1, 2011, that is authorized under which an NPV would be calculated, the the Department, or provides an section 428H of the HEA or that is a proposed regulations establish that industry-recognized credential or Federal Direct Unsubsidized Stafford institutional loans would have to be certification; Loan, treat as revenue received by the credited in-full to the student’s account, (3) Presume that any title IV, HEA institution from sources other than be evidenced by standalone repayment program funds are disbursed or funds received under this title, the agreements between students and the delivered to or on behalf of a student amount by which the disbursement of institution, and be separate from

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enrollment contracts signed by students. Federal and non-Federal funds that are repayment period for each group to set Loans made to students by third parties included in its 90/10 calculation. The the range of values for variable ‘‘t’’. For but subsequently acquired by the certified public accountant that prepares each group of loans, as applicable, the institution would not meet this the institution’s audited financial institution would multiply the total definition of institutional loans, and statements will be required to review annual payments due on the loans by could not be included in either of the that information and test the the institution’s collection rate (the total NPV calculations. Moreover, all institution’s calculation. On a case by amount of payments collected divided payments from the institution to acquire case basis, Department staff will by the total amount of payments due). the loans would be counted against any continue to review the accountant’s The resulting amount is the cash flow non-Federal revenues from the loan work papers when more information is used for variable ‘‘R’’ in each period ‘‘t’’ proceeds the institution received. needed to determine if the calculation is for each group of loans for which an For the purpose of counting revenue correct. NPV is calculated. Proposed appendix C from loan funds in excess of the loan Some of the non-Federal negotiators to subpart B of part 668 illustrates this limits in effect prior to ECASLA, we suggested that the regulations permit NPV calculation. propose that institutions count the tuition discounts given to students be As a simpler alternative to performing excess amount on a payment-period counted for 90/10 purposes, since the NPV calculation, the proposed basis. tuition discounts are mentioned in the regulations allow an institution the Finally, in proposed appendix C to HEA, along with monetary aid provided option to use 50 percent of the total subpart B of part 668 we illustrate how to students, as types of scholarships amount of loans it made during the an institution calculates its 90/10 provided by a proprietary institution. fiscal year as the NPV. However, if the revenue percentage. The HEA also requires that these institution chooses to use this Reasons: To a large extent, the scholarships be disbursed to a student’s alternative, it may not sell any of the proposed regulations adopt the statutory account from an established restricted associated loans until they have been in provisions which, also to a large extent, account at the institution holding funds repayment for at least two years. reflect current regulations and practice. from an outside source, or income Reasons: The Department would However, we are incorporating earned on those funds. The proposed implement the statutory requirement to suggestions from some of the non- regulations implement the statutory establish the net present value of an Federal negotiators in implementing provision that institutions may pay institution’s loans by adopting the three of the new provisions for non- scholarships with tuition discounts that formula—NPV = sum of the discounted Federal sources of revenue that may be are credited from such restricted cash flows Rt/(1+i)t. However, this included in the 90/10 calculation. First, accounts. we would identify the types of non-title formula is generally intended for, and IV eligible programs from which an Net Present Value (NPV) (§ 668.28(c)) used primarily, in making investment institution could count, as revenue, the Statute: For loans an institution decisions. Nevertheless, the discount funds paid for students taking those makes to students on or after July 1, rate ‘‘i’’ is the rate of return that could programs. We believe this eliminates 2008 and prior to July 1, 2012, section be earned on an investment in the much of the ambiguity regarding 497(d)(1)(D)(i) of the HEA requires an financial markets with similar risk, or whether the revenue from a non-title IV institution to count as revenue the NPV more generally, the rate of return sought eligible program offered by an of the loans it makes during a fiscal or expected by the investor. Translating institution could be counted for 90/10 year. this for 90/10 purposes, the formula purposes. Second, for purposes of the Current regulations: There are no determines the NPV of institutional 90/10 calculation, we are identifying the current regulations regarding NPV, loans by taking into consideration the elements that will distinguish an however 34 CFR 600.5(d)(3)(i) allows an discounted value caused by inflation. institutional loan from other types of institution to count as revenue the The proposed regulations define the student account receivables. Third, the amount of loan repayments it receives expected cash flows represented by regulations would allocate the excess on institutional loans during its fiscal variable ‘‘R’’ to be the annual payments loan funds that are treated as non- year. due on the loans (i.e., the scheduled Federal revenue to each payment period Proposed regulations: In proposed payments) multiplied by the to simplify the 90/10 calculation. This § 668.28(b), the Department defines the institution’s loan collection rate (the will minimize some complexities that NPV as the sum of the discounted cash total amount of payments collected on may result if the excess funds were only flows Rt/(1+i)t. The variable ‘‘i’’ is the loans for a fiscal year divided by the counted after all of the pre-ECASLA discount rate, which would, for 90/10 total amount of payments due on those loan funds were provided to a student, purposes, be the most recent annual loans for that year). In this way, the particularly if the disbursements for a inflation rate. The variable ‘‘t’’ is the expected cash flows are adjusted to take loan are received by an institution in time or period of the cash flow, in years, into account loans that are not collected two different fiscal years. starting from the time the loan entered or loan payments that are not collected An institution would continue to repayment. The variable ‘‘Rt’’ is the net timely. The institution’s loan collection report its 90/10 ratio in a footnote cash flow at time or period t. rate should be based on the institution’s included with the institution’s annual If the institution’s loans made during own loan collection history, and may be audited financial statements. Given the the fiscal year have substantially the a prior annual rate or historical rate additional revenues that may be same repayment period, the proposed covering several years. We seek public counted as non-Federal funds in this regulations provide that an institution comment on other ways that an calculation, and that Federal funds may may use that repayment period for those institution may establish a loan be treated as non-Federal funds (i.e., loans to set the range of values of collections rate. In any case, the loan amounts in excess of the pre- variable ‘‘t’’ in the NPV formula. institution would need to document that ECASLA limits), we believe it is However, if an institution’s loans have rate and the institution’s auditor would necessary for the institution to report in different repayment periods, the examine that information as a part of the that footnote the amounts of the institution would group the loans by institution’s annual financial statement revenues, by category, derived from repayment period and use the audit.

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With regard to the alternative any plans by the institution for campus mail or electronic mail. Posting provision that allows an institution to improving the academic program of the on Internet or Intranet Web sites does use 50 percent of the total amount of institution. An institution would be not constitute notice. If the institution loans it made during the fiscal year as allowed to determine what a ‘‘plan’’ is, discloses the consumer information the NPV, we propose this option as an including when a plan becomes a plan. listed in § 668.41(c) by posting the administrative convenience for Reasons: The regulations are amended information on a Web site, it must institutions that either prefer a simpler to reflect the changes made by the include in the notice the exact method to establish the NPV or who do HEOA. electronic address at which the not need the additional non-Federal Peer-to-Peer File Sharing and information is posted, and a statement revenues that might be counted if the Copyrighted Material (§§ 668.14(b) and that the institution will provide a paper formula were used. This option 668.43(a)) copy of the information on request. provides a conservative, simple Section 668.41(a) defines a calculation for the NPV that is intended Statute: The HEOA added a new prospective student as an individual to be a fair compromise in exchange for requirement to section 487 of the HEA who has contacted an eligible choosing not to perform the NPV (Program Participation Agreement) institution requesting information calculations. However, if the institution under which an institution must certify concerning admission to that chooses this option, it may not sell the that it has developed plans to effectively institution. loans associated with the 50 percent combat the unauthorized distribution of Proposed Regulations: calculation until those loans have been copyrighted material (including through Program Participation Agreement (PPA) in repayment for two years. As provided the use of a variety of technology-based in section 487(d)(1)(D)(i)(III) of the HEA, deterrents) and will, to the extent Section 668.14(b)(30)(i) would institutional loans are subject to regular practicable, offer alternatives to illegal implement section 487(a)(29)(A) of the loan repayment and collections. The downloading or peer-to-peer HEA to require an institution, as a regular NPV formula would use the distribution of intellectual property, as condition of participation in a title IV, institution’s own collection rate, but the determined by the institution in HEA program, to agree that it has alternative formula would not. To make consultation with the chief technology developed and implemented written sure that alternative formula officer or other designated officer of the plans to effectively combat the institutional loans are legitimate, the institution. unauthorized distribution of institution may not sell them until they In addition, as part of the required copyrighted material by users of the have been in repayment for two years. information an institution must make institution’s network without unduly This will permit the Department, or available to prospective and enrolled interfering with the educational and another oversight entity, to determine students, the HEOA added new research use of the network. whether these loans were subject to subparagraph (P) to section 485(a)(1) of An institution would have to include regular loan repayment and collection the HEA to require a description of in its plan: as required by the statute. Moreover, we institutional policies and sanctions • The use of one or more technology- wish to avoid an outcome where an related to the unauthorized distribution based deterrents; institution would sell the loans in the of copyrighted material. This • Mechanisms for educating and short term for less than the 50 percent description includes (1) an annual informing its community about amount it claimed for 90/10 purposes. disclosure that explicitly informs appropriate versus inappropriate use of students that unauthorized distribution copyrighted material. The written plan Institutional Plans for Improving the of copyrighted material, including peer- would include the information Academic Program (§ 668.43(a)) to-peer file sharing, may subject the contained in proposed § 668.43(a)(10). Statute: As part of the required students to civil and criminal liabilities; These mechanisms could include any information on its academic program (2) a summary of the penalties for additional information and approaches that an institution must make available violation of Federal copyright laws; and determined by the institution to to prospective and enrolled students (3) the institution’s policies with respect contribute to the effectiveness of the under section 485(a) of the HEA, the to unauthorized peer-to-peer file plan, such as including pertinent HEOA adds the requirement that an sharing, including disciplinary actions information in student handbooks, institution make available any plans the that are taken against students who honor codes, and codes of conduct in institution has for improving that engage in unauthorized distribution of addition to e-mail and/or paper academic program. copyrighted materials using the disclosures. Current Regulations: Section institution’s information technology • Procedures for handling 668.43(a)(5) requires an institution to system. unauthorized distribution of make readily available to enrolled and Current Regulations: Section copyrighted material, including prospective students information on the 668.41(c) requires an institution to disciplinary procedures; and academic program of the institution, provide to enrolled students an annual • Procedures for periodically including (1) the current degree notice containing a list and brief reviewing the effectiveness of the plans programs and other educational and description of the consumer information to combat the unauthorized distribution training programs; (2) the instructional, it must disclose and the procedures for of copyrighted materials by users of the laboratory, and other physical facilities obtaining this consumer information. institution’s network using relevant that relate to the academic program; and The term notice is defined in § 668.41(a) assessment criteria. It would be left to (3) the institution’s faculty and other as a means of notification of the each institution to determine what instructional personnel. availability of information an institution relevant assessment criteria are. Proposed Regulations: Section is required to disclose on a one-to-one The regulations would make clear that 668.43(a)(5) would be amended to add basis through a direct individual notice no particular technology measures are to the information on the academic to each enrolled student. This notice favored or required for inclusion in an program of the institution that an must be made through an appropriate institution’s plans, and each institution institution must make readily available mailing or publication, including direct retains the authority to determine what to enrolled and prospective students mailing through the U.S. Postal Service, its particular plans for compliance will

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be, including those that prohibit content § 668.41(a), an institution would be so, but has also implemented that plan. monitoring. required to provide this annual notice In recognition that there must be a Proposed § 668.14(b)(30)(ii) would on a one-to-one basis through a direct balance between network security and implement section 487(a)(29)(B) of the individual notice to each enrolled the functioning of a network for its HEA by requiring that an institution, in student. This notice must be made intended use, § 668.14(b)(30)(i) would consultation with the chief technology through an appropriate mailing or also make clear that an institution is not officer or other designated officer of the publication, including direct mailing required to take measures to effectively institution, to the extent practicable, through the U.S. Postal Service, campus combat the unauthorized distribution of offer legal alternatives to illegal mail or electronic mail. Posting on copyrighted material that would unduly downloading or otherwise acquiring Internet or Intranet Web sites does not interfere with the educational and copyrighted material, as determined by constitute notice. If the institution research use of the network. The the institution. The proposed discloses the consumer information by Department believes that all institutions regulations would also require that posting the information on a Web site, can achieve this balance, given the institutions (1) be required to it must include in the notice the exact flexibility provided by the proposed periodically review the legal electronic address at which the regulations allowing individual alternatives for downloading or information is posted, and a statement institutions to determine how to best otherwise acquiring copyrighted that the institution will provide a paper effectively combat such unauthorized material and (2) make the results of the copy of the information on request. distribution. Institutions should not review available to their students The current definition of prospective view this provision as a justification for through a Web site or other means. student in § 668.41(a) would be used— not effectively combating the i.e., an individual who has contacted an Consumer Information unauthorized distribution of eligible institution requesting copyrighted material. Although there Proposed § 668.43(a)(10) would information concerning admission to was some discussion of requiring an implement section 485(a)(1)(P) of the that institution. institution to effectively combat the HEA. Information regarding Reasons: The regulations are amended unauthorized distribution of institutional policies and sanctions to reflect the changes made by the copyrighted material by only student related to the unauthorized distribution HEOA. users of the institution’s network, the of copyrighted material would be These proposed regulations reflect the regulatory language on which tentative included in the list of institutional work of a subcommittee of agreement was reached would apply the information provided upon request to representatives of institutions, digital requirement more broadly to ‘‘users.’’ prospective and enrolled students. This content owners, and Department staff This approach ensures that institutions information would be required to (1) that was formed by the larger committee will be more likely to deter and prevent explicitly inform its students that to address copyright issues. The downloads of copyrighted material by unauthorized distribution of members of the subcommittee were able employees and members of the public copyrighted material, including peer-to- to successfully reconcile vastly peer file sharing, may subject a student disparate viewpoints on several that may use computers at a school to civil and criminal liabilities; (2) contentious parts of the statute to library, for example, and also allow include a summary of the penalties for develop proposed regulatory language them to identify illegal downloads being violation of Federal copyright laws; and that was then presented to, and made by students who are not accessing (3) describe the institution’s policies tentatively agreed upon by, the full the computer systems using their with respect to unauthorized peer-to- committee. The Department has chosen student accounts. The Department peer file sharing, including disciplinary to preserve the compromises made by believes that this approach meets the actions that are taken against students all sides on this issue by including the intent of the statute that institutions who engage in illegal downloading or proposed regulatory language on which secure their networks from misuse by unauthorized distribution of tentative agreement was reached. The individuals who are given access to the copyrighted materials using the Department believes that the proposed networks. institution’s information technology regulations provide enough specificity In recognition of the diversity among system. The Department will work with to emphasize that institutions must take institutions and how technology is representatives of copyright holders and seriously their role in combating continuously evolving, institutions to develop a summary of the unauthorized distribution of § 668.14(b)(30)(i)(A) would leave it up civil and criminal penalties for violation copyrighted materials by users of their to an institution’s discretion to of Federal copyright laws to include as network, while providing enough determine how many and what type of part of the Federal Student Aid flexibility to institutions in how they technology-based deterrents it uses as a Handbook that an institution may use to combat any unauthorized distribution to part of its plan—although every meet this requirement. acknowledge the differences among institution must employ at least one. As current § 668.41(c) requires an institutions and their networks, as well The Statement of Managers in the institution to provide to enrolled as variances in the scope of the problem Conference Report for the HEOA students an annual notice containing a of unauthorized distribution of discusses this issue on pages 547–549 list and brief description of the copyrighted material. (H. R. Conf. Rep. No. 110–803, at 547– consumer information it must disclose 549 (2008)), and provides context and and the procedures for obtaining this Program Participation Agreement clarification to this requirement as consumer information, an institution The Department believes the intent of follows: would be required to add to this list the the statute was to require institutions to Experience shows that a technology-based fact that it must make readily available actively combat the unauthorized deterrent can be an effective element of an information regarding institutional distribution of copyrighted material. overall solution to combat copyright policies and sanctions related to the Accordingly, § 668.14(b)(30)(i) would infringement, when used in combination unauthorized distribution of require an institution to agree as part of with other internal and external solutions to copyrighted material. Consistent with its program participation agreement that educate users and enforce institutional the current definition of notice in it not only has developed a plan to do policies.

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Effective technology-based deterrents are review its plan to evaluate whether it is change over time. Based on the currently available to institutions of higher working. One of the most controversial discussions of the subcommittee, the education through a number of vendors. aspects of the proposed regulations was Department anticipates that individual These approaches may provide an institution the evaluation of whether a plan was institutions, national associations, and with the ability to choose which one best meets its needs, depending on that effectively combating the unauthorized commercial entities will develop and institution’s own unique characteristics, such distribution of copyrighted material. maintain up-to-date lists that may be as cost and scale. These include bandwidth There was extensive discussion over referenced for compliance with this shaping, traffic monitoring to identify the how a plan should be reviewed to provision. largest bandwidth users, a vigorous program determine its effectiveness, and how Consumer Information of accepting and responding to Digital much discretion institutions should be Millennium Copyright Act (DMCA) notices, given in this area. Ultimately, tentative For consistency, § 668.43(a)(10) and a variety of commercial products agreement was reached on a provision would implement the consumer designed to reduce or block illegal file information portion of the statute within sharing. requiring an institution to periodically review its plan using relevant the existing framework and using the Rapid advances in information technology definitions found in current regulations. mean that new products and techniques are assessment criteria, permitting an continually emerging. Technologies that are institution discretion to determine the The committee discussed whether the promising today may be obsolete a year from most appropriate criteria. As the statutorily required annual disclosure now and new products that are not even on specifics of a plan will be determined by should be a one-to-one notice provided the drawing board may, at some point in the an institution, the Department believes directly to each student by the not too distant future, prove highly effective. that the institution is in the best institution. However, as the statute The Conferees intend that this Section be position to determine the appropriate requires that most institutional interpreted to be technology neutral and not information in this section of the HEA imply that any particular technology criteria to assess its plan. In some cases, appropriate assessment criteria might be instead be made readily available to measures are favored or required for prospective and enrolled students, the inclusion in an institution’s plans. The process-based, so long as the Conferees intend for each institution to retain institution’s information system information regarding institutional the authority to determine what its particular information does not contradict such a policies and sanctions related to the plans for compliance with this Section will determination. Such process-based unauthorized distribution of be, including those that prohibit content criteria might look at whether the copyrighted material would be handled monitoring. The Conferees recognize that in the same manner (i.e., included in the institution is following best practices, as there is a broad range of possibilities that list of institutional information that an laid out in guidance worked out exist for institutions to consider in institution must make available between copyright owners and developing plans for purposes of complying pursuant to § 668.43). The Department institutions or as developed by similarly with this Section. believes that the required disclosure of situated institutions that have devised The Department believes that some institutional policies and sanctions effective methods to combat the institutions may be able to effectively related to the unauthorized distribution unauthorized distribution of combat the unauthorized distribution of of copyrighted materials can be met copyrighted material. In other cases, copyrighted material using only one of without imposing the burden of a one- assessment criteria might be outcome- the four types of technology-based to-one notification on institutions. deterrents (bandwidth shaping, traffic based. The criteria might look at There was some discussion by the monitoring, accepting and responding to whether there are reliable indications committee of extending the statutory DMCA notices, or a commercial product that a particular institution’s plans are provision to require an institution to designed to reduce or block illegal file effective in combating the unauthorized disclose the required information to sharing) while others may need to distribution of copyrighted material. employees of the institution in addition employ a combination of such Among such indications may be ‘‘before to students. As the statute does not deterrents. and after’’ comparisons of bandwidth require disclosure of this information to The additional proposed components used for peer-to-peer applications, low employees, this would not be mandated of an effective plan in recidivism rates, and reductions (either in the regulations. The Department § 668.14(b)(30)(i)(B) and (C) reflect in absolute or in relative numbers) in believes that employees of an institution general agreement by the committee that the number of legitimate electronic are more likely to be aware that a plan to effectively combat the infringement notices received from unauthorized distribution of unauthorized distribution of rights holders. The institution is copyrighted material is illegal and does copyrighted material by users of the expected to use the assessment criteria not believe that the benefit of such institution’s network should include an it determines are relevant to evaluate disclosure would justify the potential educational component and a how effective its plans are in combating added burden to the institution. description of the institution’s the unauthorized distribution of However, we encourage institutions to procedures for handling the copyrighted materials by users of the make such information available to unauthorized distribution of institution’s networks. employees and the general public if they copyrighted material to provide a In addition to reflecting the statute believe it will be beneficial. deterrent by ensuring that users are requiring that institutions, to the extent made aware that the unauthorized practicable, offer legal alternatives to Consumer Information (§§ 668.41 and distribution of copyrighted material is illegal downloading or otherwise 668.45) illegal, what actions constitute illegal acquiring copyrighted material, Statute: Section 485(a) of the HEA distribution of copyrighted material, proposed § 668.14(b)(30)(ii) reflects lists the types of information that and the potential penalties for the general agreement that institutions institutions are required to make unauthorized distribution of should periodically review the legal available to prospective and enrolled copyrighted materials. alternatives, and make available the students. Section 488 of the HEOA The final component of the plan, in results of the review to its students expands the list of consumer proposed § 668.14(b)(30)(i)(D), would through a Web site or other means, as information requirements in section require an institution to periodically such legal alternatives are likely to 485(a)(1) of the HEA, and from that

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expanded list, Team V discussed a Section 668.45 specifies how an rate information must be disaggregated number of the requirements, including institution must prepare the annual by gender, by each major racial and the following: completion or graduation rate for its ethnic subgroup, and by whether or not • The placement and types of certificate- or degree-seeking, full-time, the institution’s students received employment obtained by graduates of undergraduate students. It also certain types of Federal student aid. The the institution’s degree or certificate addresses how an institution must disaggregation by receipt of aid is programs; prepare a transfer-out rate if the categorized by whether students were— • The types of graduate and institution’s mission includes providing • Recipients of a Federal Pell Grant; professional education in which substantial preparation for students to • Recipients of a Federal Family graduates of the institution’s four-year enroll in another institution. An Education Loan or a Federal Direct Loan degree programs enrolled; and institution must make its completion or (other than an Unsubsidized Stafford • The retention rates of the certificate graduation rate, and if applicable, its Loan); and or degree seeking, first-time, full-time, transfer-out rate available by July 1 • Recipients of neither a Federal Pell undergraduate students entering the following the 12-month period ending Grant nor a Federal Family Education institution. August 31 during which 150 percent of Loan or a Federal Direct Loan (other Note that the information required by the normal time for completion or than an Unsubsidized Stafford loan). section 485(a)(1) of the HEA addressing graduation has elapsed for the students The institution would report its ‘‘institutional policies and sanctions on which the institution bases its completion and graduation rate that relate to copyright infringements’’ calculations. information in a disaggregated manner and ‘‘the fire safety report’’ (that is Proposed Regulations: In proposed only if the number of students in each prepared by the institution pursuant to § 668.41(d), we would add retention rate category is sufficient to yield section 485(i) of the HEA) is discussed information, placement rate statistically reliable information, and elsewhere in this preamble. information, and information on the doing so would not reveal personally Section 488 of the HEOA also amends types of graduate and professional identifiable information about an the calculation procedures for education in which graduates of the individual student. Otherwise, the completion and graduation rates in institution’s four-year degree programs institution would note that it enrolled section 485(a)(4) of the HEA that enroll, to the types of information that too few students in the affected category address situations in which students an institution must provide to its to disclose the information with leave school to serve in the Armed enrolled and prospective students. confidence and confidentiality. Forces, on official church missions, or When reporting its retention rate, In calculating its completion and with a recognized foreign aid service of proposed § 668.41(d) would require an graduation rate, an institution normally the Federal Government. Section 488 of institution to disclose the institution’s counts students as completing or the HEOA also adds section 485(a)(7) to retention rate as reported to the graduating if they have completed or the HEA, which directs an institution to Integrated Postsecondary Education graduated by the end of the 12-month disaggregate its completion and Data System (IPEDS). We have adopted period ending August 31 during which graduation rate information by gender, IPEDS’ definition of ‘‘retention rate’’ in 150 percent of the normal time for by each major racial and ethnic proposed § 668.41(a) for this purpose. completion or graduation from the subgroup, and by recipients of several For its placement information, the program has elapsed. However, as types of Federal title IV aid—if the institution may use various sources of proposed, if 20 percent or more of the number of students in each such information (such as State data systems, certificate- or degree-seeking, full-time, subgroup or with each such status is surveys, or other relevant sources). undergraduate students at the sufficient to yield statistically reliable However, if it calculates an actual institution left school to serve in the information and reporting this placement rate, it must disclose that Armed Forces, to serve on official information will not reveal personally rate. For the types of graduate and church missions, or to serve with a identifiable information about an professional education in which foreign aid service of the Federal individual student. graduates of the institution’s four-year Government (such as the Peace Corps), Current Regulations: Section 668.41 degree programs enroll, the institution then the institution may recalculate the lists the types of information that an also may use various sources of completion or graduation rate of those institution must make available to information (such as State data systems, students by adding to the 150 percent enrolled and prospective students (and surveys, or other relevant sources). For time frame they normally have to in some cases, employees, prospective both placement information and the complete or graduate, the time period employees, prospective student-athletes, types of graduate and professional the students were not enrolled due to the public, and others). This education in which graduates of the their service in one of these specified information includes: institution’s four-year degree programs categories. • Financial assistance available to enroll, the institution would have to Reasons: The proposed changes in students; identify the source of the information it §§ 668.41 and 668.45 would implement • The institution’s completion and discloses, as well as the time frames and statutory changes to section 485 of the graduation rate; methodology associated with that HEA made by section 488 of the HEOA. • An annual security report information. As specified in § 668.41(d), institutions (including institutional security policies In addressing the requirement for an are allowed to use various sources to and crime statistics that are described in institution to make certain information compile information on placements and § 668.46); available to students or prospective on the types of graduate and • The completion and graduation students (and sometimes the public), we professional education in which rates for student-athletes; have removed the words ‘‘on request’’ in graduates of the institution’s four-year • Athletic program participation rates proposed § 668.41(d) and (g)(1)(i). degree programs enroll. A number of the and financial support data; and Similar words have been deleted from non-Federal negotiators noted that this • Institutional information (including proposed § 668.43(a) and (b). latitude to compile information from the cost to attend the institution, its Under proposed § 668.45, an various sources should not be academic programs and faculty, etc.). institution’s completion and graduation compromised or otherwise qualified by

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requiring institutions to disclose this purpose, but several of them raised destruction, damage, or vandalism of methodologies used in compiling the the issue of how institutions should property. data. However, because the information disaggregate the information by receipt Current Regulations: Section can come from any number of sources or nonreceipt of student aid. For 668.46(c)(3) of the Department’s and may not be comparable to similar- example, should a student be regulations currently requires looking information at another considered to have received aid if the institutions to report as hate crimes the institution, the Department believes it is student received it at any time during occurrence of criminal homicide, sex important that the institution disclose his enrollment, or only during the offenses, robbery, aggravated assault, the source of the information, as well as student’s first year, or for some other burglary, motor vehicle theft, arson, and the time frames and methodology period of time? The Department and the any other crime involving bodily injury associated with it, when the institution non-Federal negotiators ultimately reported to local police agencies or a discloses that information to its enrolled agreed that the question of receipt of aid campus security authority if there is and prospective students. This will for this determination should be based manifest evidence that the victim was allow the student and prospective on whether the student received the aid intentionally selected on the basis of student recipients of the information to during the time period when the student certain characteristics. make more informed decisions entered the institution that is associated Proposed Regulations: We propose to regarding their educational choices. with the cohort of students the student revise § 668.46(c)(3) to add the crimes of Since the statute is silent about is a part of for purposes of the ‘‘larceny-theft,’’ ‘‘simple assault,’’ requiring an institution to calculate an institution’s calculation of completion ‘‘intimidation,’’ and ‘‘destruction/ actual placement rate, or to disseminate or graduation, retention, and transfer damage/vandalism of property’’ to the that rate if it calculates one, a number out rates. For institutions with a crimes that must be reported in hate of non-Federal negotiators argued that predominate number of programs based crime statistics. Additionally, we would the regulations should remain silent in on semesters, trimesters, or quarters, update the definitions of the terms that regard. However, the Department this would be the fall term of the year ‘‘Weapons: carrying, possessing, etc.,’’ believes that disclosing placement rate the student’s cohort of certificate- or ‘‘Drug abuse violations,’’ and ‘‘Liquor information would be beneficial to degree-seeking, first-time, full-time law violations’’ in appendix A to students and prospective students. If the undergraduate students first entered the subpart D of 34 CFR part 668, which are institution makes available placement institution. For other institutions, this excerpted from the Federal Bureau of rates that it has, students and especially would be the period between September Investigation’s Uniform Crime Reporting prospective students will be able to 1 of one year and August 31 of the Program, to reflect changes made by the make more informed decisions about following year when the student’s FBI. enrollment in various programs at the cohort of certificate- or degree-seeking, Reasons: The proposed regulations institution. Therefore, when a first-time, full-time undergraduate would implement the statutory changes placement rate is voluntarily calculated students first entered the institution. made by the HEOA by using the FBI’s by the institution, proposed § 668.41(d) It is possible that an institution could Hate Crime Data Collection Guidelines would require the institution to disclose have a significant number of its students in the Uniform Crime Reporting that rate along with other placement interrupt their education to serve in the Handbook (available at http:// information. Armed Forces, on church missions, or www.fbi.gov/ucr/hatecrime.pdf) to The words ‘‘on request’’ (or ‘‘upon with a foreign aid service of the Federal define the hate crimes to be reported. request’’) were removed from Government (e.g., the Peace Corps). §§ 668.41(d), 668.41(g)(1)(i), and Definition of Test (§ 668.46(a)) Were that to occur, the normal 668.43(a) and (b) because the Statute: Section 488(e)(1)(D) of the calculation of the institution’s Department believes that they do not HEOA amended section 485(f) of the completion or graduation rate would reflect how institutions currently HEA to require institutions to include a result in a misleadingly smaller rate. operate in terms of making various types statement of policy regarding their Thus, consistent with section 485 of the of information available to their emergency response and evacuation HEA, when 20 percent or more of the students, prospective students, and procedures in the annual security certificate- or degree-seeking, full-time, sometimes the public. While it is true report. As part of this policy statement undergraduate students at the that an individual may not receive an institution must describe how it will institution leave school to serve in one information unless he or she asks about test its emergency response and it, institutions, in essence, are of the ways listed in § 668.45(d)(1)(i) evacuation procedures on an annual considered to ‘‘make their information through (iii), the institution may basis. Current Regulations: Section available’’ by having it on a Web site or recalculate its completion or graduation 668.46(a) contains definitions that apply in printed material without regard to rate to take that fact into consideration. to the requirements for institutional whether any one individual requests it That is, when the institution calculates security policies and the reporting of or not. When an individual inquires its completion or graduation rate, it may crime statistics. about the information in question, the add the time period the students were Proposed Regulation: Under proposed institution would direct him or her to not enrolled due to their service time to § 668.46(a), we would define test for the appropriate source. the 150 percent time frame that students purposes of the emergency response and The requirement in proposed § 668.45 normally have to complete or graduate. evacuation procedures as ‘‘regularly for an institution to disaggregate its Campus Safety Provisions scheduled drills, exercises, and completion and graduation rate appropriate follow-through activities, information by gender, by each major Hate Crime Reporting (§ 668.46(c)(3)) designed for assessment and evaluation racial and ethnic subgroup, and by Statute: Section 488(e)(1)(c) of the of emergency plans and capabilities.’’ receipt or nonreceipt of certain types of HEOA amended section 485(f) of the Reasons: This definition would clarify Federal student aid is from section 485 HEA to expand the list of hate crimes the meaning of test for the purposes of of the HEA. All of the negotiators agreed that institutions must report to the complying with the statutory that the Department should use the Department to include larceny-theft, requirement that an institution test its IPEDS racial and ethnic categories for simple assault, intimidation, and emergency response and evacuation

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procedures. Following a the HEOA added section 485(f)(1)(J) to needed’’ was used to address the wide recommendation from some of the non- the HEA to require institutions to have variety of threats that might occur. Federal negotiators, the definition of the a policy for emergency notification of Annual Security Report—Emergency term was drawn from the Emergency the campus community upon the Response and Evacuation Procedures Management Accreditation Program confirmation of a significant emergency (§ 668.46(g)) (EMAP) Standard, which was designed or dangerous situation involving an to serve as a set of standards defining a immediate threat to the health or safety Statute: Section 485(f)(1)(J) of the quality emergency management program of students or staff occurring on the HEA, added by the HEOA, requires and was collaboratively developed by campus, unless the notification will institutions to include a statement of numerous organizations involved in compromise efforts to contain the policy regarding emergency response emergency management and response. emergency. and evacuation procedures in the Current Regulations: Section annual security report. This policy Annual Security Report—Emergency 668.46(e) describes the situations in statement must describe how the Response and Evacuation Procedures which an institution must send a timely institution will immediately notify the (§ 668.46(b)) warning to the campus community to campus community upon the Statute: Section 485(f) of the HEA report on crimes that are considered by confirmation of a significant emergency outlines the elements that must be the institution to represent a threat to or dangerous situation involving an included in an institution’s annual students and employees. immediate threat to the health or safety security report. Section 488(e)(1)(D) of Proposed Regulations: Proposed of students or staff occurring on the the HEOA added to section 485(f) of the § 668.46(e)(3) would clarify the campus, unless the notification will HEA a requirement that an institution difference between the existing timely compromise efforts to contain the must include a statement of policy warning requirement and the new emergency. regarding emergency response and requirement for an emergency Current Regulations: None. evacuation procedures in its annual notification policy. While a timely Proposed Regulations: Proposed security report. This statement must warning must be issued in response to § 668.46(g) would set out the following describe how the institution will crimes specified in § 668.46(c)(1) and elements that an institution must immediately notify the campus (3), an emergency notification is include in its statement of policy community upon the confirmation of a required in the case of an immediate describing its emergency response and significant emergency or dangerous threat to the health or safety of students evacuation procedures in its annual situation involving an immediate threat or employees occurring on campus, as security report: to the health or safety of students or described in proposed § 668.46(g). The • Procedures to immediately notify staff occurring on the campus, unless proposed language would clarify that an the campus community upon the the notification will compromise efforts institution that follows its emergency confirmation of a significant emergency to contain the emergency. notification procedures is not required or dangerous situation involving an Current Regulations: Section to issue a timely warning based on the immediate threat to the health or safety 668.46(b) delineates the elements that same circumstances; however, the of students or employees occurring on must be included in an institution’s institution must provide adequate the campus. annual security report. follow-up information to the community • A description of the process that the Proposed Regulations: Proposed as needed. institution will use to (1) confirm that § 668.46(b)(13) would require Reasons: Many of the non-Federal there is a significant emergency or institutions to include a statement of negotiators requested that the dangerous situation, (2) determine the policy regarding their emergency regulations clearly explain the appropriate segment or segments of the response and evacuation procedures in difference between a timely warning campus community to receive a the annual security report. Institutions circumstance and an emergency notification, (3) determine the content of must satisfy this requirement beginning notification circumstance. The the notification, and (4) initiate the with the annual security report emergency notification requirement notification system. distributed by October 1, 2010. applies to a wider range of threats, such • A statement that the institution Reasons: These new provisions as crimes, gas leaks, highly contagious will, without delay, and taking into implement the new statutory viruses, or hurricanes. Many non- account the safety of the community, requirement. We would require this Federal negotiators also asked that the determine the content of the notification statement of policy for the October 1, Department make it clear that and initiate the notification system, 2010 report because it is the first report institutions may satisfy a timely unless issuing the notification will, in due after these regulations would go warning requirement with an emergency the professional judgment of responsible into effect. As institutions are expected notification in appropriate authorities, compromise efforts to assist to make a good faith effort to comply circumstances to avoid inundating a victim or to contain, respond to, or with the statute in the absence of students and employees with messages otherwise mitigate the emergency. regulations, institutions should be that may become ineffective. On the • A list of the titles of the persons or gathering this information in other hand, some non-Federal organizations responsible for carrying preparation for the 2010 report. negotiators also expressed concern that out the actions in proposed providing insufficient information could § 668.46(g)(2). Timely Warning and Emergency jeopardize the safety of the campus • Procedures for disseminating Notification (§ 668.46(e)) community, for instance, in a situation emergency information to the larger Statute: Section 485(f)(3) of the HEA in which the emergency or investigation community. requires institutions to make timely is still developing. • Procedures for testing its emergency warnings to the campus community on To address these concerns, we are response and evacuation procedures on crimes considered to be a threat to proposing to require an institution that at least an annual basis. Such tests students and employees that are uses its emergency notification system could be announced or unannounced, reported to campus security or local to provide follow-up information to the would be publicized in conjunction police agencies. Section 488(e)(1)(D) of community as needed. The phrase ‘‘as with at least one test per calendar year,

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and would be documented, including a should regulate in this area. They campus in § 668.46(a), which is used for description of the exercise, the date, emphasized the need for institutions to crime reporting under § 668.46(c). For time, and whether it was announced or keep parents and families informed in the purposes of the fire safety reporting announced. the case of an emergency. Some non- requirements under proposed § 668.49 Reasons: The proposed regulations Federal negotiators suggested that and the missing student notification are intended to ensure that institutions institutions be encouraged to use Web policies and procedures requirements have sufficiently prepared for an sites, radio, and television stations to under proposed § 668.46, a student emergency situation on campus, that keep the larger community apprised of housing facility that is on property they are testing these procedures to emergency situations. Additionally, in owned by an institution, even if the identify and improve weaknesses, and the case of an institution that uses a building is owned and maintained by a that they have considered how they will texting system to relay emergency student organization or other party, inform the campus community and notification information, several non- would be considered an on-campus other individuals, such as parents. Federal negotiators suggested allowing student housing facility. If neither the While the non-Federal negotiators parents to sign up to receive texts along property nor the building is owned by generally agreed with these goals, some with students and employees. the institution, then the student housing of them expressed concern that Some non-Federal negotiators were facility would not be covered by this institutions need to have flexibility to concerned that an institution could definition. While on-campus student appropriately respond to situations misinterpret these proposed regulations housing facility is used in the statute in while maintaining a level of to mean that, as part of its procedures, reference to the new fire safety and accountability in the system. it should disclose all of the details of missing student notification provisions, To allow appropriate flexibility in the how it would respond to any of a variety the definition of on-campus student system, the Department has not of situations. The negotiators noted that housing facility would also apply to the specified that institutions use a this approach could potentially hamper existing crime reporting requirements in particular mode of communication, but law enforcement efforts to address or § 668.46. The Department believes this notes that institutions may and should investigate an emergency. In response, approach will minimize confusion and have multiple methods of we note that the proposed regulations create less administrative burden for communication with the campus would not require institutions to institutions. community. For example, in the case of publish in great detail how they would a gas leak, an institution may determine respond to specific emergencies. Annual Security Report—Missing that the most effective mode of Finally, many non-Federal negotiators Student Notification Policy (§ 668.46(b) communication is a fire alarm, whereas raised concerns that institutions and (h)) in other situations it might be best to consider the needs of students with Statute: Section 485(f) of the HEA, as use a text message system. The disabilities in developing emergency amended by the section 488(g) of the Department encourages institutions to response and evacuation policies and HEOA, requires institutions that consider overlapping means of procedures. The Department expects an maintain an on-campus student housing communication in case one method fails institution to consider the diverse needs facility to establish, for students who or malfunctions. Additionally, of all members of the campus reside in an on-campus student housing institutions have the flexibility to alert community in developing or revising an facility, both a missing student only the appropriate segment or emergency plan. notification policy that allows students segments of the population that they to confidentially register a contact determine to be at risk; for instance, Definition of On-Campus Student person, and procedures for notifying a only notifying individuals in the Housing Facility (§ 668.41(a)) missing student’s contact person. building where there is a gas leak. This Statute: Section 488(g) of the HEOA Current Regulations: Section provision is intended to guard against added section 485(j) to the HEA to 668.46(b) delineates the elements that the possibility that too many emergency require an institution that maintains an must be included in an institution’s notifications would lead some members on-campus student housing facility to annual security report. of the campus community to begin to establish, for students who reside in on- Proposed Regulations: The proposed ignore the notices, thus dampening its campus student housing, a missing changes in § 668.46(b)(14) would response to a potentially dangerous student notification policy that allows require an institution to include its situation. Institutions also have the students to confidentially register a missing student notification policy and flexibility to list the organizations that contact person, and procedures to notify procedures in its annual security report. may be best equipped to respond to that contact person if the student is This would be required beginning with different situations, for instance, the missing for more than 24 hours. the annual security report distributed by health department may best respond to Current Regulations: Section October 1, 2010. an outbreak of a virus. Further, 668.41(a) contains definitions that apply Reasons: Some non-Federal institutions would have a great deal of to 34 CFR part 668, subpart D. negotiators felt that an institution flexibility in designing tests of the Proposed Regulations: The proposed should have the flexibility to decide emergency notification system, as a test, regulations would add a definition of how and when to distribute its missing as defined in the proposed changes to the term on-campus student housing student policies and procedures. The § 668.46(a), could be done in many facility to § 668.41(a) to mean a Department considered this suggestion ways, such as by a tabletop exercise or dormitory or other residential facility but agrees with other negotiators who a test conducted on a campus-wide for students that is located on an argued that having the information in scale. institution’s campus, as defined in the annual security report would enable Parents and students affected by the § 668.46(a). students and parents to more easily shootings at the Virginia Polytechnic Reasons: The proposed definition compare policies across institutions. We Institute and State University in 2007 would be added to clarify what is meant propose to require that these policies attended part of the negotiations and by on-campus student housing facility and procedures be included in the discussed their experiences and and to link the meaning of ‘‘on-campus’’ institution’s annual security report, but opinions regarding how the Department to the existing regulatory definition of note that institutions may also distribute

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these policies and procedures at other who are under 18 and not emancipated campus student housing facilities to appropriate times, such as during a new that if the student is missing it will publish a fire safety report each year student orientation. This policy notify a custodial parent or guardian in and provide a copy of the report to the statement must be included in the addition to any contact person Secretary. report that must be distributed by designated by the student. All students Current Regulations: None. October 1, 2010 because it is the first must also be advised that, regardless of Proposed Regulations: Proposed report due after these regulations go into whether they name a contact person, the § 668.41(e) would provide that effect. Institutions must make a good institution must notify the local law institutions that maintain an on-campus faith effort to comply with the statute in enforcement agency that the student is student housing facility must distribute the absence of regulations; therefore, missing, unless the local law an annual fire safety report, as described institutions should be gathering this enforcement was the entity that in proposed § 668.49(b). In addition, we information in preparation for the 2010 determined that the student is missing. propose to revise § 668.41(e) to create report. Reasons: These new provisions would publication requirements for the annual implement the statutory requirements. fire safety report that are similar to the Missing Student Notification Policy Like the existing crime reporting long-standing regulations for the annual (§ 668.46(h)) regulations and the proposed fire security report. Statute: Section 485 of the HEA, as reporting regulations, these proposed The proposed regulations would amended by section 488 of the HEOA, regulations require institutions to allow an institution to publish the requires an institution that maintains an include a list of the titles of the persons annual security report and the annual on-campus student housing facility to or organizations to which a student fire safety report together, as long as the establish, for students who reside in on- should be reported missing. title of the document clearly states that campus student housing, a missing These regulations provide that only it contains both the annual security student notification policy that includes authorized campus officials, and law report and the annual fire safety report. notifying students that they can enforcement officers in furtherance of a If an institution chooses to publish the confidentially register an individual to missing person investigation, may have reports separately, it would have to be contacted if the student is access to the confidential contact include information in each of the two determined to be missing. The statute information and that it may not be reports about how to directly access the requires an institution to advise disclosed to others. This limit was other report. students who are under 18 years old and proposed in order to protect the privacy Reasons: We are proposing to require not emancipated that a custodial parent rights and safety of the student. the same distribution method for both or guardian must be notified if the the annual fire safety report and the student is determined to be missing. Missing Student Notification Procedures annual security report to reduce Further, all students residing in an on- (§ 668.46(h)) administrative burden and to make it campus student housing facility must be Statute: Section 485 of the HEA, as easier for students and parents to access advised that, regardless of whether they amended by section 488(g) of the HEOA, the information. The Department register a contact person, the local law requires an institution that maintains an believes that providing one source for enforcement agency will be notified in on-campus student housing facility to this information best ensures that the event that the student is determined establish procedures that the institution students and parents will find and to be missing. will follow if a student who resides in review the material. Under the proposed Current Regulations: None. on-campus student housing is regulations, institutions would have the Proposed Regulations: Proposed determined to be missing. The statute flexibility to choose whether to combine § 668.46(h)(1) implements the new specifies time frames during which the two reports; however, if the reports statutory requirements, specifying that certain actions must occur. When a are combined, the title of the combined an institution’s statement of policy student is reported missing, the document must make it clear that both regarding missing student notification institution has 24 hours to inform the the annual fire safety report and the for students residing in on-campus local law enforcement agency with annual security report are included to student housing facilities must include: jurisdiction in the area where the give both reports equal emphasis and to • A list of the titles of the persons or student has been reported missing. After clarify that the fire safety provisions are organizations to which students, the law enforcement agency determines separate from the crime provisions. An employees, or other individuals should that the student is missing, the institution that chooses to publish the report that a student has been missing institution has 24 hours to notify the reports separately must provide for 24 hours; student’s contact person, if applicable. information in each report about how to • A requirement that any official Current Regulations: None. directly access the other report to aid missing student report be immediately Proposed Regulations: Proposed students and parents in locating and referred to the institution’s police or § 668.46(h)(2) reflects the statutory comparing information across campus security department or to the requirements. institutions. Reasons: The proposed regulations local law enforcement agency with Annual Fire Safety Report—Definitions reflect the new statutory requirements. jurisdiction in the area; of Terms (§ 668.49(a)) • The option for each student to These regulations do not preclude the identify a contact person to be notified institution from contacting the student’s Statute: Section 485(i)(1) of the HEA, if the student is determined missing by contact person or the parent as amended by section 488(g) of the the institutional police or campus immediately upon determination that HEOA, specifies that the annual fire security department, or the local law the student has been missing for 24 safety report must contain statistics enforcement agency; and hours. concerning the number of fires in the • A disclosure that contact institution’s on-campus housing information will be registered and Annual Fire Safety Report (§ 668.41(e)) facilities; the cause of each fire; the maintained confidentially. Statute: Section 488(g) of the HEOA number of injuries and deaths related to Proposed § 668.46(h)(1) would further amended section 485 of the HEA to each fire; and the value of property require an institution to advise students require institutions that maintain on- damage caused by each fire.

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Additionally, the annual fire safety injury, fire-related death, and value of Current Regulations: None. report must include a description of property damage were drawn largely Proposed Regulations: Proposed each on-campus student housing facility from the National Fire Incident § 668.49(b)(1) would require an fire safety system and the number of Reporting System (NFIRS), a standard institution to report the statistics that it regular mandatory supervised fire drills. national reporting system used by U.S. submits to the Department in its annual Current Regulations: None. fire departments to report fires and fire safety report. The institution would Proposed Regulations: We are other incidents. The non-Federal have to provide data for the three most proposing to add new § 668.49(a) to negotiators recommended, and we recent calendar years for which data are define the following terms relevant to agreed, that we should use the NFIRS available. Proposed § 668.49(c) would the fire safety reporting requirements: definitions to remain consistent with delineate the statutorily required • Cause of fire: The factor or factors definitions already used in the field. statistics. that give rise to a fire. The causal factor The definition of fire drill was Reasons: The proposed regulations may be, but is not limited to, the result developed to capture the HEA would implement the statutory of an intentional or unintentional requirement that institutions report requirements. The majority of the action, mechanical failure, or act of regular, mandatory, supervised fire committee supported the position that nature. drills. Further, the definition of fire • institutions should report statistics for Fire: Any instance of open flame or safety system was developed through the three most recent calendar years to other burning in a place not intended to collaboration with experts in the fire remain consistent with current reporting contain the burning or in an safety field, who advised that the requirements for crime statistics under uncontrolled manner. definition should include the variety of § 668.46(c). Moreover, the three year • Fire drill: A supervised practice of systems and mechanisms used to detect time frame will better enable consumers a mandatory evacuation of a building for and alert someone to the presence of a to compare statistics across institutions a fire. fire, reduce the spread of fire, and • while helping to identify trends in the Fire-related injury: Any instance in control and reduce the amount of smoke which a person is injured as a result of data. This reporting requirement would from a fire. be phased in beginning with the a fire, including an injury sustained The committee discussed the from a natural or accidental cause, collection of statistics for calendar year definition of fire at length. Generally, 2009 in the October 1, 2010 Annual Fire while involved in fire control, the negotiators agreed that the critical attempting rescue, or escaping from the Safety Report. Data would be collected elements of a reportable fire are that it for three subsequent calendar years dangers of a fire. The term ‘‘person’’ occurs in a place not intended to may include students, faculty, staff, until three years are represented. The contain the fire or involves any burning first report to contain the full three years visitors, firefighters, or any other that is not under control. For instance, of data would be the report due on individuals. under these proposed regulations, a fire October 1, 2012. • Fire-related death: Any instance in in a trash can would count as a fire for which a person (1) is killed as a result reporting purposes, even if the fire was Annual Fire Safety Report—Description of a fire, including death resulting from still under control, because a trash can of Policies (§ 668.49(b)) a natural or accidental cause while is not intended to contain a fire. A lit Statute: Section § 485(i)(1) of the involved in fire control, attempting candle, by contrast, while possibly HEA, as amended by section 488(g) of rescue, or escaping from the dangers of against the institution’s policies for the HEOA, requires that, in its annual a fire; or (2) dies within one year of candles in dorms, would not generally fire safety report, an institution must injuries sustained as a result of a fire. be considered a reportable fire, as it is include a description of each on-campus • Fire-safety system: Any mechanism in a place intended to contain the fire student housing facility fire safety or system related to the detection of a and is under control. However, if the system, including fire sprinkler systems; fire, the warning resulting from a fire, or flame from a lit candle were to spread the number of regular mandatory the control of a fire. This may include and become uncontrolled, it would be supervised fire drills; the institution’s sprinkler systems or other fire considered a reportable fire. The policies on portable electrical extinguishing systems; fire detection definition of fire is also intended to devices; stand-alone smoke alarms; capture situations in which there is appliances, smoking, and open flames; devices that alert one to the presence of burning (not necessarily an open flame) procedures for evacuation; fire safety a fire, such as horns, bells, or strobe that might easily become a fire, such as education and training program lights; smoke-control and reduction a smoldering couch. Burning or other policies; and plans for future mechanisms; and fire doors and walls flames can easily become a fire, at great improvements in fire safety, if that reduce the spread of a fire. risk to students and other individuals. applicable. • Value of property damage: The Current Regulations: None. estimated value of the loss of the Annual Fire Safety Report—Statistics Proposed Regulations: Proposed structure and contents, in terms of the (§ 668.49(b) and (c)) § 668.49(b) would outline the elements cost of replacement in like kind and Statute: Section 485(i)(1), as amended that an institution must disclose in its quantity. This estimate should include by section 488(g) of the HEOA, requires annual fire safety report, including: contents damaged by fire, and related an institution to include in its annual • The fire statistics required by damages caused by smoke, water, and fire safety report statistics on the paragraph 485(i)(1)(A) of the HEA; overhaul; however, it does not include number of fires and the cause of each • A description of each on-campus indirect loss, such as business fire; the number of injuries related to a student housing facility fire safety interruption. fire that resulted in treatment at a system; Reasons: We have added these medical facility; the number of deaths • The number of fire drills held definitions to enable comparability related to a fire; and the value of during the previous calendar year; across institutions of the statistics that property damage caused by a fire. • Policies or rules on portable institutions are required to report under Section 485(i)(2) of the HEA requires electrical appliances, smoking, and section 485(i)(1) of the HEA. The that an institution report these statistics open flames in student housing definitions for cause of fire, fire-related to the Secretary. facilities;

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• Procedures for evacuation of portion of the log older than 60 days postsecondary vocational institution student housing facilities in the case of must be made available within two (§ 600.6(a)(2)), the institution is required a fire; business days of a request for to admit as regular students, as defined • Policies on fire safety education and inspection. Finally, the proposed in § 600.2, only those persons who have training programs provided to students, regulations would also implement the a high school diploma or its equivalent. faculty, and staff, including a statutory requirement that an institution In addition, in §§ 600.4(a)(4), description of the procedures that make an annual report to the campus 600.5(a)(5), 600.6(a)(4), and the students and employees should follow community on the fires recorded in the definition of an eligible program under in the case of a fire; fire log; however, the proposed § 668.8(c)(1) and (d)(1)(iii), the • For purposes of including a fire in regulations specify that this requirement institution must provide an educational the statistics in the annual fire safety may be satisfied by the annual fire program for which it awards a degree, report, a list of the titles of each person safety report described in proposed certificate, or other recognized or organization to which students and § 668.49(b). credential or that prepares students for employees should report that a fire has Reasons: The proposed regulations gainful employment in a recognized occurred; and would implement the statutory occupation. • Plans for future improvements in requirement that an institution record Proposed Regulations: Proposed fire safety, if determined necessary by all reportable fires in a fire log. Many of §§ 600.2 (paragraph (1)(i) of the the institution. the negotiators recommended that definition of educational program), Reasons: These proposed regulations institutions have flexibility in 600.4(a)(4), 600.5(a)(5), and 600.6(a)(4) would implement the statutory maintaining this log. Therefore, we have would provide that an institution may requirements for the annual fire safety not specified a format for the log, and provide a comprehensive transition and report, and specify that an institution we would allow institutions to postsecondary program for students must include: (1) A description of the determine whether to combine the with intellectual disabilities. In procedures that students and employees annual report to the campus community addition, proposed § 668.8(n) would should follow in the case of a fire, and on the fires in the fire log with the define a comprehensive transition and (2) procedures for reporting fires that do annual fire safety report. Many postsecondary program as an eligible not require a call to the fire department, negotiators also recommended, and we program if it is approved by the for instance, those that are discovered agreed, that the fire log follow the Secretary. after the fact and are no longer a threat requirements for the crime log. As a Reasons: The proposed regulations to safety. In response to concerns result, we have specified requirements would implement the statutory expressed by some negotiators that all for how information in the fire log requirements by making it clear that an fires, even those that have already been should be updated, in accordance with institution does not jeopardize its put out, should be included in reported the long-standing requirements for the participation in the title IV, HEA statistics, the proposed regulations crime log described in § 668.46(f). programs by admitting students with would require institutions to provide a intellectual disabilities who do not have list of the titles of each person or Financial Assistance for Students With a high school diploma or its equivalent, organization to which such fires should Intellectual Disabilities or admitting students with intellectual be reported. Intellectual Disabilities disabilities into non-degree or non- certificate programs. In addition, the Fire Log (§ 668.49(d)) Institutional Eligibility and Eligible proposed regulations would specify that Program (§§ 600.2, 600.4, 600.5, 600.6, Statute: Section 485(i)(3) of the HEA, a comprehensive transition and and 668.8) as amended by section 488(g) of the postsecondary program approved by the HEOA, requires an institution that Statute: Section 485(a)(8) of the Secretary qualifies as an eligible maintains an on-campus student HEOA added section 484(s) to the HEA program. housing facility to maintain a log of all to provide that a student with fires that occur in on-campus student intellectual disabilities who enrolls in a Scope and Purpose (§ 668.230) housing facilities, including the nature, comprehensive transition and Statute: Section 485(a) of the HEOA date, time, and general location of each postsecondary program is eligible to added section 484(s) to the HEA fire. An institution must make annual receive title IV, HEA program funds authorizing the Secretary to develop reports to the campus community on under the Federal Pell Grant, FSEOG, regulations allowing students with such fires. and FWS programs. Under the newly intellectual disabilities to be eligible for Current Regulations: None. added provision, the student does not funds under the Federal Pell Grant, Proposed Regulations: Proposed have to be a high school graduate (or FSEOG, and FWS programs. New § 668.49(d) would specify that an have obtained a GED, or have passed an section 484(s)(3) of the HEA authorizes institution that maintains an on-campus ability-to-benefit test) and does not have the Secretary to waive any statutory student housing facility must maintain to be enrolled in a program that leads provision applicable to these programs, a written and easily understood fire log to a degree or certificate. except needs analysis provisions, or that records, by the date that the fire Current Regulations: Section 600.2 waive any institutional eligibility was reported, any fire that occurred in defines an educational program as a provisions, to ensure that students with an on-campus student housing facility. legally authorized postsecondary intellectual disabilities who enroll in The log would have to include the program of organized instruction or comprehensive transition and nature, date, time, and general location study that, in part, leads to an academic, postsecondary programs remain eligible of each fire. Further, the proposed professional, or vocational degree, or for this assistance. regulations would specify that additions certificate, or other recognized Current Regulations: None. or changes to the log must be made educational credential. Proposed Regulations: The proposed within two business days of the receipt Under the definitions of an institution regulations would specify that students of the information, and require that the of higher education (§ 600.4(a)(2)), with intellectual disabilities who enroll log be available for public inspection for proprietary institution of higher in comprehensive transition and the most recent 60-day period. Any education (§ 600.5(a)(3)), and postsecondary programs are eligible for

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assistance under the Federal Pell Grant, activities with students without Definition of a Student With an FSEOG, and FWS programs, and would disabilities. Intellectual Disability (§ 668.231) restate the Secretary’s waiver authority Reasons: Proposed § 668.231 would Statute: Section 709 of the HEOA by providing that, except for provisions incorporate the statutory requirements added section 760 of the HEA to define related to needs analysis, the Secretary from section 760 of the HEA except for student with an intellectual disability as may waive any title IV, HEA program the proposed addition and clarification a student: requirement related to these programs or described in the preceding Proposed • With mental retardation or a institutional eligibility. Regulations section. Some of the non- cognitive impairment characterized by Reasons: The proposed regulations Federal negotiators initially opposed the significant limitation in intellectual and would implement the statutory proposed requirement that a cognitive functioning and adaptive provisions, and clarify that the behavior as expressed in conceptual, Secretary’s waiver authority may be comprehensive transition and postsecondary program must be social, and practical adaptive skills; and used to ensure that students with • Who is currently, or was formerly, intellectual disabilities remain eligible delivered to students physically attending the institution. The eligible for a free appropriate public for Federal Pell Grant, FSEOG, and FWS education (FAPE) (i.e., special program funds. negotiators argued that students should have the option of taking distance education and related services) under Definition of a Comprehensive courses because they might be unable to the Individuals with Disabilities Transition and Postsecondary Program commute to a campus or because some Education Act (IDEA). (§ 668.231) courses might only be offered online. Current Regulations: None. Proposed Regulations: Proposed Statute: Section 709 of the HEOA Other negotiators and experts in the § 668.231 would define student with an added section 760 to the HEA to define field argued that Congress intended for intellectual disability as set forth in the a comprehensive transition and students with intellectual disabilities to statute, but clarify that a student who postsecondary program as a degree, be integrated into campus life as much was determined eligible for services certificate, or non-degree program that— as possible and did not want to allow under the IDEA but was home-schooled • Is offered by an institution of higher distance education to be the sole or or attended private school would also education; main delivery method. The Department • Is designed to support students meet this part of this definition. does not wish to regulate to preclude all Reasons: Proposed § 668.231 would with intellectual disabilities who are distance courses for students with seeking to continue academic, career incorporate the statutory requirements intellectual disabilities and may permit from section 760 of the HEA except for and technical, and independent living a limited number of courses to be instruction at an institution to prepare the proposed clarification regarding delivered via distance, as long as the students who are home-schooled or for gainful employment; institution explains why it believes the • attended private school. Includes an advising and course is applicable to, and benefits, curriculum structure; and While some non-Federal negotiators • students with intellectual disabilities. felt that the statute could be read to Requires students with intellectual Similarly, we wish to clarify that a disabilities to participate on not less include students with intellectual comprehensive transition and than a half-time basis, as determined by disabilities who are home-schooled or postsecondary program may include an the institution, with that participation attended a private school but were not internship for students or other focusing on academic components and determined eligible for special activities that are located off-campus— occurring through one or more of the education and related services under the the physically-attending requirement following activities: IDEA, the Department does not believe • Regular enrollment in credit- does not exclude these activities. that the HEA provides this flexibility. bearing courses with students without With regard to students participating Under §§ 612(a)(3), 612(a)(10)(A)(ii)(I) disabilities. in one or more of the identified and 613(a)(1) of the Individuals with • Auditing or participating in courses activities with students without Disabilities Education Act (IDEA) (20 with students without disabilities for disabilities, an institution has the U.S.C. 1221e–3, 1406, 1411–1419; 23 which the student does not receive flexibility to determine the activity or CFR part 304), State educational regular academic credit. combination of activities that is best agencies (SEAs) and local educational • Enrollment in non-credit-bearing, aligned with student needs and agencies (LEAs) are required to locate, nondegree courses with students interests, as long as students with identify and evaluate all students with without disabilities. intellectual disabilities participate in disabilities within the jurisdiction of the • Participation in internships or these activities for at least half the time State and LEA. In addition, under work-based training in settings with that they are enrolled in the program. § 614(a)(1)(B) of the IDEA, LEAs and students without disabilities. SEAs must assess students for eligibility Current Regulations: None. Some non-Federal negotiators for special education and related Proposed Regulations: Proposed suggested that comprehensive transition services under the IDEA if requested by § 668.231 would define a and postsecondary programs might offer the parent. These are ongoing comprehensive transition and multiple ways for students with responsibilities that extend to all postsecondary program by intellectual disabilities to participate in children residing in the State, or in the incorporating the statutory provisions, campus life beyond those that are jurisdiction of the LEA, including but would add a provision that the delineated in the statute. In response, children attending private schools. To program would have to be delivered to we propose that a program provide qualify for title IV aid pursuant to students physically attending the students with opportunities to § 484(s) of the HEA, a student should institution. The proposed regulations participate in coursework and other obtain an IDEA eligibility determination would also clarify that the program activities with students without while the student is still age-eligible for must provide opportunities for students disabilities, such as student IDEA services from, (1) for students with intellectual disabilities to government, clubs, social events, and attending private elementary and participate in coursework and other sports. secondary schools, including home

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schools if home schools are considered ensure that the accrediting agency is • Have a high school diploma, a private schools under State law, the informed that the institution offers or recognized equivalent of a high school LEA in which the private school is will offer a comprehensive transition diploma, or have passed an ability to located, or (2) for students not attending and postsecondary program. The benefit test; and private elementary and secondary accrediting agency would then decide • Be making satisfactory progress schools, the LEA that is responsible for whether to take any actions. according to the institution’s published making available a FAPE to the student One of the non-Federal negotiators standards for satisfactory progress that (generally, the LEA in which the student felt that an institution should not have satisfy the provisions of § 668.16(e) and, resides). to set up a separate advising and if applicable, those under § 668.34. curriculum structure for students with Proposed Regulations: Proposed Program Eligibility (§ 668.232) intellectual disabilities. The Department §§ 668.32(n) and 668.233 would provide Statute: Section 485(a)(8) of the will consider, on a case-by-case basis, that a student with intellectual HEOA adds section 484(s) to the HEA to allowing an institution to use an disabilities enrolled in a comprehensive establish the eligibility of students with existing structure based on the transition and postsecondary program intellectual disabilities who enroll in institution’s explanation of how that may be eligible for title IV, HEA comprehensive transition and structure is applicable to, and benefits, program assistance under the Federal postsecondary programs to receive aid students with intellectual disabilities. Pell Grant, FSEOG, and FWS programs under the Federal Pell Grant, FSEOG, Other negotiators asked whether the if— and FWS programs. Department would approve a • The student is making satisfactory Current Regulations: None. comprehensive transition and academic progress in accordance with Proposed Regulations: Consistent postsecondary program developed to the institution’s published standards for with current procedures under which an serve the needs of a single student, as students enrolled in the comprehensive institution adds an additional program, this is already the practice in the field. transition and postsecondary program; an institution that wishes to offer a The Department will consider, on a and • comprehensive transition and case-by-case basis, whether to approve a The institution obtains a record postsecondary program would have to comprehensive transition and from a local or State educational agency apply and receive approval from the postsecondary program developed to that the student is or was eligible for Secretary under proposed § 668.232. serve the needs of a single student. special education and related services The proposed regulations outline the However, an institution would have to under IDEA. If the student’s record does elements that an institution must submit a separate application for each not indicate that the student has an include in its application, including: comprehensive transition and intellectual disability, as discussed in • A detailed description of the postsecondary program for which it paragraph (1) of the definition of a comprehensive transition and seeks approval, even if the program is student with an intellectual disability in postsecondary program, addressing all developed for only one student, as each proposed § 668.231, the institution of the components of the program as would be considered a separate would have to also obtain defined in proposed § 668.231; program. documentation from another source that • The policy for determining whether identifies the intellectual disability. a student enrolled in the program is Student Eligibility (§§ 668.32 and Reasons: The proposed regulations making satisfactory academic progress; 668.233) would implement the statutory • A statement of the number of weeks Statute: Section 484(s) of the HEA requirements by clarifying that a student of instructional time and the number of specifies that a student with an with an intellectual disability is exempt semester or quarter credit hours or clock intellectual disability must: from the requirements that he or she hours in the program, including the • Be enrolled or accepted for have a high school diploma or its equivalent credit or clock hours enrollment in a comprehensive equivalent, and is making satisfactory associated with noncredit or reduced transition and postsecondary program academic progress under § 668.16(e) and credit courses or activities; for students with intellectual disabilities § 668.34, if applicable. Also, because a • A description of the educational at an institution of higher education; student with an intellectual disability credential offered or identified outcome • Be maintaining satisfactory progress does not have to be enrolled in a degree or outcomes established by the in the program as determined by the or certificate program, the student institution for all students enrolled in institution, in accordance with would be eligible for a second Pell Grant the program; standards established by the institution; in the same award year if the student • A copy of the letter or notice sent and otherwise qualifies for that grant under to the institution’s accrediting agency • Meet the student eligibility proposed § 690.67. informing the agency of its requirements in sections 484(a)(3), (4), With respect to documentation comprehensive transition and (5), and (6) of the HEA, under which a establishing an intellectual disability, postsecondary program; and student must not be in default on any there was some concern among the • Any other information the Secretary Federal student loans, must have filed a negotiators that institutions would may require. FAFSA, must be a United States citizen require updated evaluations that could Reasons: Proposed § 668.232 would or national, and, if the student was be costly or cost prohibitive. Proposed incorporate the statutory provisions convicted of fraud in obtaining funds § 668.233 would allow institutions to from section 484(s) of the HEA. The under this title, must have repaid those accept the most recent documentation, Department would use the requested funds. even if it is more than a few years old. information to determine whether to Current Regulations: Section 668.32 Also, if available in the student’s record approve the institution’s program for describes the requirements for student and to better understand a student’s funding under the Federal Pell Grant, eligibility for title IV, HEA program abilities and limitations, we encourage FSEOG, and FWS programs. assistance. In part, under this section a institutions to consider using a student’s The requirement that an institution student must: summary of academic achievements and provide a copy of the notice sent to its • Be enrolled for the purpose of functional performance, as described in accrediting agency is intended only to obtaining a degree or certificate; 34 CFR 300.305(e)(3), which includes

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recommendations on how to assist the preparedness and response to reflect the charges. For example, if an institution student in meeting the student’s statutory definition. uses FWS funds in combination with postsecondary goals. Reasons: This proposed regulatory other title IV, HEA program funds to change is needed to conform the credit a student’s account to satisfy Institutional Information (§ 668.43) regulatory definition of community prior award year charges, the total Statute: Section 485(a)(I) of the HEA services with section 441(c)(1) of the amount of the funds used must be $200 specifies that institutions must HEA. or less. We note that an institution is disseminate information about special still required to obtain the student’s Conforming FWS Payment facilities and services available to written authorization to credit FWS to Requirements to the Cash Management students with disabilities. the student’s account. Current Regulations: Section 668.43 Regulations (§ 675.16) Reasons: The proposed changes are requires an institution to provide a Handling Minor Prior-Year Charges needed to conform the FWS payment description of any special facilities and regulations to the cash management Statute: Under Part E—Need Analysis services available to disabled students. requirements in § 668.164(d) regarding of the HEA (particularly sections 471 Proposed Regulations: Proposed the prior award year limit. When the through 473), a student’s need for most § 668.43(a)(7) would change the phrase Department amended the regulations for Title IV, HEA program funds for a ‘‘any special facilities and services’’ to minor prior award year charges under period of enrollment during an award ‘‘the services and facilities,’’ and replace § 668.164(d) in November 1, 2007, for the phrase ‘‘disabled students’’ with year is determined by subtracting the the other title IV, HEA programs, we ‘‘students with disabilities.’’ The expected family contribution (EFC) and failed to make the conforming change proposed changes would also clarify other estimated financial assistance for for the FWS Program in § 675.16. that a description of services and that same enrollment period during the Electronic Disbursements facilities for students with disabilities award year from the student’s cost of must also contain the services and attendance for the same period. The cost Statute: The HEA does not address facilities available for students with of attendance is based on current award the issue of electronic disbursement of intellectual disabilities. year educational expenses. The EFC is FWS or other Title IV, HEA program Reasons: The proposed changes the amount that can reasonably be funds. reflect changes in terminology in the contributed toward meeting the Current Regulations: The current FWS special education and disability fields. student’s educational expenses for the regulations in § 675.16(a) provide that Further, we wanted to clarify that a period of enrollment during the award an institution may pay a student by description of the services and facilities year for which a need determination is check or similar instrument that the available to students with intellectual made. The Title IV, HEA funds are student can cash on his or her own disabilities must be included in the awarded to defray the educational costs endorsement, by initiating an electronic description of the services and facilities for the award year. funds transfer (EFT) to the student’s available to all students with Current Regulations: Under bank account, or by crediting the disabilities. § 675.16(a)(3)(iv), an institution may use student’s account at the institution. If an a student’s current year FWS institution wishes to make an EFT or Part 675 Federal Work-Study compensation to pay for minor prior- credit the student’s account at the Programs award year charges if the charges are institution, it must obtain the student’s Definition of Community Services less than $100, or the charges are $100 written authorization. The current FWS (§ 675.2) or more and the payment of those regulations do not allow an institution charges does not prevent the student to require a student to have a bank Adding the Field of Emergency from paying his or her current account in order to be paid FWS Preparedness and Response educational costs. In either case, the compensation. Also, the current FWS Statute: Section 441 of the HEOA institution must first obtain the regulations do not address payments amended the definition of community student’s written authorization. The made via a stored-value card. services in section 441(c)(1) of the HEA cash management requirements in Proposed Regulations: The proposed to include the field of emergency § 668.164(d) for the other title IV, HEA FWS regulations in § 675.16(a)(1) would preparedness and response. programs allow an institution to use a adopt the regulations in § 668.164(c) for Current Regulations: Section 675.2(b) student’s current year title IV, HEA the direct payment of FWS provides the definitions of terms for the program funds to pay for minor prior- compensation. The provisions for FWS Program, including the term year charges if the charges are not more issuing a check and expanding the use community services. The definition of than $200. of EFTs to bank accounts that underlie community services includes a list of Proposed Regulations: Under the stored-value cards and other transaction possible services in fields such as provisions in proposed § 675.16(b)(1)(ii) devices that already exist for the other literacy training and education tutoring and (b)(2), the FWS regulations are title IV, HEA programs would also apply that may be considered community amended in three ways regarding the to the FWS Program. The proposed services under the FWS Program. The use of current award year FWS funds to regulations would remove the FWS definition does not provide a complete pay prior award year charges. First, the requirement that an institution obtain a list of acceptable services, but highlights amount of prior award year charges that student’s written authorization to make certain services that may improve the could be paid with current award year an EFT payment and add a provision quality of life for outside community FWS funds would increase to not more allowing an institution to issue a stored- residents, particularly low-income than $200. Second, the FWS provision value card or similar device. The individuals, or solve particular that allows an institution to pay for proposed regulations continue the problems related to their needs. prior award year charges of $100 or current requirement that an institution Proposed Regulations: We propose to more would be removed. Finally, we must obtain a student’s written revise the definition of the term clarify that the $200 limit applies to all authorization to credit FWS community services in § 675.2(b) to title IV, HEA program funds that an compensation to a student’s account at include the field of emergency institution uses to pay prior-year the institution for any purpose because

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the funds are earnings and holding institution or the written authorization public agency, or at a private nonprofit those funds without the student’s required to hold a credit balance for the organization. permission would be a garnishment of student will no longer be required to be Additional Standards for the Definition wages. Finally, the proposed FWS separated from other authorizations. of the Term Work College regulations would allow an institution Reasons: The proposed FWS change to establish a policy requiring students would allow the administrative Statute: The amendments made by the to provide bank account information or collection of the student authorizations HEOA to section 448 of the HEA open an account at a bank of the required under the FWS Program for amended the definition of work college. student’s choosing, as long as this crediting student accounts and holding The term work college was amended by policy does not delay the disbursement credit balances at the institution to be adding additional standards that a of FWS earnings to the student. Thus, if combined with the student public or private nonprofit institution the student does not comply with the authorizations required in § 668.165 for must meet to be eligible for this policy, the institution must still the other title IV, HEA programs. This program. The institution must be a four- disburse the funds to the student in a combination of student authorizations year, degree-granting institution and timely manner in another way. Further, will make the collection process easier must require at least one-half of all of its an institution is not allowed to refuse to for both the student and the institution. full-time students to participate in a hire a student who does not comply comprehensive student work-learning- Terms for the Work Colleges Program service program. The institution must with the policy to provide bank account (Subpart C of Part 675) information or open a bank account, nor continue to have all of its resident to fire him or her for that same reason. Statute: The amendments made by the students participate in a comprehensive This policy is based on section 445(c) of HEOA to section 448 of the HEA replace student work-learning-service program. the HEA, which states that an the term work-learning each place it In addition, the institution must require institution may, upon the request of a appears in the statute for the Work the students to participate in a student, make a direct deposit to the Colleges Program with the term work- comprehensive student work-learning- student’s account. learning-service. In addition, the name service program for at least five hours Reasons: The proposed regulations of the comprehensive student work- each week or at least 80 hours during eliminate inconsistencies and otherwise learning program that a work college each period of enrollment, except for harmonize the requirements in the FWS must have, was changed to the summer school, an approved study and cash management regulations. comprehensive student work-learning- abroad program, or an externship Providing consistency among the title service program. program. A period of enrollment means IV, HEA programs for making direct Current Regulations: Throughout a semester, quarter, trimester, or a payments to students would make the subpart C of part 674, the current Work similar period. FWS Program easier for institutions to Colleges Program regulations refer to the Current Regulations: Section administer and make the process easier term work-learning or the term 675.41(a) defines the term work college. for students to understand. comprehensive work-learning programs Proposed Regulations: Under and the term comprehensive student proposed § 675.41(a), the definition of Eliminating Separate Student work-learning program is defined in work college would now include the Authorizations § 675.41(b). requirement that an institution must be Statute: The HEA does not address Proposed Regulations: Under the a four-year, degree-granting institution. the issue of student written proposed changes to the regulations in The proposed definition would also authorizations for crediting FWS funds subpart C of part 674, the term work- provide that the institution must have at directly to the student’s account at the learning is replaced with the term work- least one-half of all of its full-time institution or holding FWS credit learning-service each place that it students participate in the required balances on behalf of a student. appears. Further, the name of the comprehensive work-learning-service Current Regulations: Under defined term comprehensive student program. In addition, all of the students § 675.16(a), an institution must obtain work-learning program in § 675.41(b) in that program must participate for a written authorization from the student would be changed to comprehensive minimum of five hours each week or a to credit the student’s account at the student work-learning-service program. minimum of 80 hours during each institution with FWS funds and to hold Reasons: This change is needed to period of enrollment, except for summer a title IV credit balance. The conform the wording in the Work school, an approved study abroad authorization to credit FWS funds to a Colleges Program regulations to the program, or an externship program. student’s account at the institution must wording used in the HEA. The addition Reasons: The proposed additional be separate from any other of the word service is important because requirements are needed to conform the authorization. The FWS written it recognizes the value of service as an definition of a work college to the authorization may not be included as intrinsic element and educational statutory definition. part of a list or in combination with outcome of work that is provided as part other types of authorizations signed by of the overall education program at a Expanding FWS Community Service the student, including authorizations for Work College that benefits the college, Jobs (§§ 675.18(g) and 675.26(d)) all the other title IV, HEA programs as the community, and the student. The Promoting Civic Education and provided in § 668.165. This requirement word service that was added as part of Participation Activities for a separate student authorization to the term work-learning-service in the Statute: The amendments made by the credit FWS funds to a student’s account HEA and now in the proposed HEOA to section 443 of the HEA permit also applies to the written authorization regulations, refers to uncompensated institutions to meet the FWS seven required to hold an FWS credit balance volunteer service or compensated percent community service expenditure for the student. service for work performed for the good requirement by using FWS funds to pay Proposed Regulations: Under the of the college community or the external students employed in projects that teach provisions in proposed § 675.16(d), the community beyond the campus. It civics in schools, raise awareness of FWS written authorization required to includes work performed in the public government functions or resources, or credit a student’s account at the interest at a Federal, State, or local increase civic participation.

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If an institution decides to place FWS community service projects performing job after the major disaster. The students in a community service project civic education and participation amended HEA also provides that the performing civic education and activities. Allowing institutions to pay term ‘‘major disaster’’ has the meaning participation activities, it must to the FWS students with a Federal share of up as defined in section 102(2) of the extent practicable: to 100 percent encourages institutions to Robert T. Stafford Disaster Relief and • Give priority to the employment of place students in community service Emergency Assistance Act (42 U.S.C. FWS students in projects that educate or projects performing civic education and 5122(2)). train the public about evacuation, participation activities. Current Regulations: The current FWS emergency response, and injury We note that the conference language regulations do not provide for the prevention strategies relating to natural in the HEOA urges FWS participating flexibility to pay FWS funds to disaster- disasters, acts of terrorism, and other institutions to improve the availability affected students unable to work due to emergency situations; and and quality of community service job a major disaster. Under the current • Ensure that the FWS students information to students and to improve regulations, there is no exception to the performing these projects receive the their outreach to community service FWS Program requirement that an FWS appropriate training to carry out the agencies. The addition of this new use student may never be paid FWS funds required educational services. of FWS funds to have students perform until the student has performed the The FWS students employed in civic education and participation work and earned those funds. community service projects performing activities in community service projects Proposed Regulations: Section 675.18 these civic education and participation provides an opportunity for an would be amended by adding a new activities may be paid for the time spent institution to make the above requested paragraph (i) that allows an institution in training and travel. Further, the FWS improvements and to meet the seven located in any area affected by a major students employed in community percent community service expenditure disaster to make FWS payments to service projects performing civic requirement. disaster-affected students. However, this education and participation activities one special exception to the basic may be paid FWS compensation with a Flexible Use of FWS Funds (§ 675.18(i)) requirement that an FWS student may Federal share that exceeds the regular Paying Students Under Certain not be paid FWS funds until the student 75 percent limit. Conditions in the Event of a Major has performed the FWS work has very Current Regulations: The current FWS Disaster specific conditions that must be met. regulations do not address and promote To apply this limited flexible use of civic education and participation Statute: The amendments made by the FWS funds to pay disaster-affected activities as a community service HEOA added a new subsection (d) to students an institution must be located project. section 445 of the HEA. This new in an area affected by a major disaster. Proposed Regulations: Section provision allows an eligible institution A major disaster must be declared by 675.18(g) would be amended to located in any area affected by a major the President. The counties or parishes implement section 443 of the HEA that disaster to make FWS payments to covered by the declaration are provided promotes the use of FWS funds to disaster-affected students under certain by the Federal Emergency Management employ FWS students in community limited conditions. The FWS payments Agency (FEMA). service projects performing civic may only be made for the period of The FWS payments may only be made education and participation activities. time, not to exceed one academic year, for the period of time in which the The proposed regulations would in which the disaster-affected students disaster-affected students were provide that when a school decides to were prevented from fulfilling their prevented from completing their FWS have FWS students perform these FWS work obligations due to the major work obligations due to the major activities, to the extent practicable, it disaster. disaster. The period of time cannot must give priority to the employment of Payments may be made to the exceed one academic year for this students participating in projects that disaster-affected students in an amount purpose. The FWS payments made to educate or train the public about equal to or less than the amount of FWS disaster-affected students cannot exceed evacuation, emergency response, and wages the students would have been the amount of FWS wages the students injury prevention strategies relating to paid had the students been able to would have been paid had these natural disasters, acts of terrorism, and complete the work obligation necessary students been able to complete the FWS other emergency situations. The to receive the FWS funds. Payments work obligation necessary to receive the institution, to the extent practicable, may not be made to any student who FWS funds. The institution in paying would also have to ensure that the was not eligible for FWS or was not the FWS funds to the disaster-affected students receive the appropriate training completing the work obligation students must make the appropriate to carry out the educational services necessary to receive the FWS funds match for the FWS Federal funds, required. prior to the occurrence of the major unless the Secretary has waived the Section 675.26(d) would be amended disaster. Any payments made to matching requirements. to implement the requirement in section disaster-affected students must meet the The disaster-affected students must 443 of the HEA to allow the Federal applicable FWS matching requirements, have been eligible for FWS and awarded share of the compensation paid to FWS unless the Secretary has waived the FWS prior to the occurrence of the students performing the civic education matching requirements. major disaster. The disaster-affected and participation activities in Section 445(d) of the HEA defines the students must have earned FWS funds community service projects to exceed term ‘‘disaster-affected student’’ as a and be completing the FWS work the regular 75 percent limit. These FWS student enrolled at the institution who obligation prior to the occurrence of the students may be paid with a Federal has received the FWS award and earned major disaster. The disaster-affected share of up to 100 percent. FWS wages prior to the occurrence of students could not have been separated Reasons: The proposed changes to the the major disaster, was prevented from from their FWS employment prior to the FWS regulations are needed to add this working for all or part of the academic occurrence of the major disaster. The new use of FWS funds and to promote year due to the major disaster, and was major disaster must prevent the FWS the employment of FWS students in unable to be reassigned to another FWS students from working for a portion or

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all of the academic year. In addition, the Discharge of Agreement To Serve cases when the grant recipient cannot disaster-affected students must be (§ 686.42) comply with his or her agreement to unable to be reassigned to other FWS Statute: Section 420N(d)(2) of the teach because of a call or order to active jobs by the institution after the HEA, as amended by the HEOA, military duty for an extended period of occurrence of the major disaster. requires the Secretary to establish time. TEACH Grant recipients who are Reasons: The proposed changes to the categories of extenuating circumstances called to active military duty for an FWS regulations are needed to add this under which a TEACH Grant recipient extended period of time may return new flexibility to pay disaster-affected who is unable to fulfill all or a portion from their military service with teaching students who are unable to work of his or her teaching service obligation credentials that are no longer valid, may because of a major disaster. The change may be excused from fulfilling that require retraining to meet the standards would allow the eligible FWS students portion of the teaching service established by the State before they can unable to work due to a major disaster obligation. be placed in a teaching position, or may to still receive the FWS funds that they Current Regulations: None. otherwise encounter difficulties in obtaining a teaching position that could need to help pay for educational costs. Proposed Regulations: As provided in proposed § 686.42(c)(2), the recipient be used to fulfill their teaching service Part 686 Teacher Education may qualify for a proportional discharge obligation. Assistance for College and Higher of his or her service obligation based on Several non-Federal negotiators Education (TEACH) Grant Program the number of years the recipient has believed that additional extenuating circumstances should also be TEACH Grant Program been called or ordered to active military duty. The recipient would qualify for a considered. Some of them suggested Periods of Suspension (§ 686.41) one-year discharge if the call or order to that we expand the categories of active military duty is for more than extenuating circumstances to include Statute: None. three years. Similarly, the recipient economic hardship. Noting that teachers Current Regulations: Section would qualify for a two-year, three-year, were being laid off in a number of areas, 686.41(a) provides that a TEACH Grant or total discharge if the call or order to they argued that TEACH Grant recipient may be granted a suspension active military duty is for more than recipients might not be able to find full- of the eight-year period required for four, five, or six years, respectively. time employment in their high-need completing his or her teaching service To obtain the discharge, the recipient fields due to the current economic obligation, in a low-income school as a (or his or her representative) would be conditions, which they felt might highly-qualified teacher in a high-need required under § 686.42(c)(3) to provide continue for some time. While we are field, based on a call or order to active the Secretary: sympathetic to these concerns, the military duty. The suspension ends • A written statement from his or her Department believes that, because a upon the completion of that military commanding or personnel officer TEACH Grant recipient has eight years service. certifying that the recipient is on active to complete a four-year teaching service obligation, he or she should still be able Proposed Regulations: A TEACH duty in the Armed Forces, the date on which that service began, and the date to fulfill that obligation notwithstanding Grant recipient who is called or ordered the fact that he or she may encounter a to active military duty (or his or her the service is expected to end; and • A copy of his or her official military temporary hardship in locating a representative) may request a suitable position. suspension of the eight-year period in orders and military identification. increments not to exceed three years. The term Armed Forces would be Part 690 Federal Pell Grant Program Under proposed § 686.41(a)(2), a request defined in § 686.42(c)(4) to mean the Army, Navy, Air Force, Marine Corps, Two Federal Pell Grants in an Award for a suspension of the eight-year period Year (§§ 690.63(h), 690.64, and 690.67) may be granted in one-year increments. and Coast Guard. Proposed § 686.41(a)(2)(ii) would allow Finally, under proposed Statute: Section 401(b)(5) of the HEA, a suspension of the eight-year period for § 686.42(c)(5), the Department would as amended by the HEOA, provides that no more than three years. Once the notify a TEACH Grant recipient or his a student may receive up to two or her representative of the decision recipient has exceeded the three-year consecutive Federal Pell Grant reached on his or her request for a suspension period, the recipient (or his Scheduled Awards during a single partial or full discharge of the teaching or her representative) may request a award year if the student is enrolled at service obligation. The grant recipient discharge of all or a portion of his or her least half-time for more than one would be responsible for fulfilling any teaching service obligation. academic year, more than two teaching service obligation that is not semesters, or the equivalent time during Reasons: The proposed regulations discharged. a single award year. The student must would no longer provide an indefinite Reasons: The proposed regulations in also be enrolled in a certificate, delay of the eight-year, service § 686.41 implement the statutory associate degree, or baccalaureate degree obligation period to a TEACH Grant requirement in section 420N(d)(2)of the program. Section 484(s)(3) of the HEA recipient who is called or ordered to HEA by providing for a discharge of a provides the authority to waive this active duty. Instead a TEACH Grant teaching service obligation based on a provision for students with intellectual recipient that exceeds the three-year call or order to active military duty. disabilities who enroll in a suspension period could qualify for a Under current § 686.42(a) and (b), a comprehensive transition and discharge of all or part of his or her TEACH Grant recipient may have his or postsecondary program. teaching service obligation as provided her teaching service obligation in proposed § 686.42. The proposed discharged upon the recipient’s death or Student Eligibility for a Second discharge provides a greater benefit than if he or she becomes totally and Scheduled Award (§ 690.67(a)) a suspension of the service obligation to permanently disabled. The Department Current Regulations: The current a TEACH Grant recipient who is called believes it would be appropriate to also regulations provide that the Secretary or ordered to active military duty for provide a discharge of a TEACH Grant announces in the Federal Register extended periods. recipient’s teaching service obligation in whether an institution may award up to

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a second Federal Pell Grant Scheduled of a payment from a second Scheduled complete his or her eligible program in Award to a student in a particular award Award. less than the regularly scheduled period year. An institution may award up to a We did not propose any similar for completion. The non-Federal second Scheduled Award if a student is recalculation requirement for clock-hour negotiators believed that acceleration enrolled as a full-time student in an and nonterm-credit-hour programs. A meant that a student was earning eligible program that leads to an recalculation requirement would not be additional credit or clock hours beyond associate or baccalaureate degree and relevant to these programs. A student the first academic year in the award year the student has completed the credit enrolled in one of these programs must without respect to whether the hours and weeks of instructional time in successfully complete the credit or additional hours were sufficient for the an academic year leading to his or her clock hours of a payment period to student to advance significantly toward associate or baccalaureate degree progress to the next payment period. the completion of his or her eligible program. If an institution awards a Thus, a student is required to earn the program. Some of these non-Federal student a second Scheduled Federal Pell credit or clock hours of the first negotiators believed that the statute Grant award, the institution must make academic year to advance to a payment intended acceleration to apply only on that award to all students who qualify. from a second Scheduled Award. a student-by-student basis. For example, Proposed Regulations: The proposed Some of the non-Federal negotiators a student would be accelerating by regulations would amend § 690.67 to objected to the recalculation completing his or her eligible program provide that a student would be eligible requirements for term-based programs. in a shorter period of time than the for a second Scheduled Award if the These non-Federal negotiators were student would otherwise have student has earned in an award year at concerned that the requirements would completed the program without least the credit or clock hours of the first be administratively burdensome. They reference to any objective standard. We academic year of the student’s eligible also objected to the difference in do not agree. We do not believe the program, and is enrolled as at least a treatment compared to the requirements statute limits the implementation of half-time student in a program leading for recalculations for payments from a these requirements in this manner, nor student’s first Scheduled Award in the to a bachelor’s or associate degree or do we believe that adopting the non- award year. In addition, some of these other recognized educational credential Federal negotiators’ position would non-Federal negotiators believed that (such as a postsecondary certificate or provide the necessary encouragement the satisfactory academic progress diploma), except as provided in for a student to accelerate the standards in 34 CFR 668.16(e), as well proposed 34 CFR part 668, subpart O for completion of his or her educational as the new limitation under section students with intellectual disabilities. program. 401(c)(5) of the amended HEA that a As an alternative to our proposal, the Reasons: We are proposing these student’s lifetime eligibility is limited to non-Federal negotiators again advanced requirements to encourage a student to nine Scheduled Awards, provided their belief that the satisfactory progress accelerate the completion of his or her sufficient minimum standards for standards and the nine-Scheduled- program of study within a shorter time ensuring a student’s advancement in his Award limit were sufficient. However, period than the regularly scheduled or her eligible program. We are not they did not provide any further completion time, i.e., the published convinced that the satisfactory progress information on how these requirements length of the program. Providing up to standards at most institutions are robust would serve to advance a student’s two Federal Pell Grants to students for enough for this purpose or that the acceleration in his or her eligible attendance in all payment periods in an lifetime limitation on eligibility is short program. award year supports this acceleration. enough to provide a sufficient basis for Consensus was not reached and the We believe that, by encouraging the encouraging students to complete their Department decided to move forward student to complete the credit or clock eligible programs in less than the with the proposal to require a student to hours in the academic year regularly scheduled completion time. earn the credit or clock hours in the expeditiously, the benefit of most As a result of the non-Federal (first) academic year before the student students’ second Scheduled Awards negotiators objections to the would be eligible for any payment from would be maximized. requirements for recalculations for a second Scheduled Award in the award We initially proposed that a student changes in enrollment status, we year. would be required to complete the proposed an alternative approach. credit or clock hours of the first Instead of recalculation, we proposed Transfer Students (§ 690.67(b)) academic year before receiving a second that a student in a term-based program Current Regulations: None. Scheduled Award or to complete the must earn the credit or clock hours in Proposed Regulations: The proposed credit or clock hours of the first an academic year before the student regulations would provide that an academic year in the payment period for would be eligible for any payment from institution must determine the credit or which he or she is receiving a payment a second Scheduled Award. This clock hours that a transfer student has from the second Scheduled Award in proposal would be similar to the current earned at a prior institution during the the award year. We further proposed to treatment of students in clock-hour and award year based on the Federal Pell amend § 690.80 to provide that if the nonterm-credit-hour programs. Grant disbursements that the student projected enrollment status of a student Some of the non-Federal negotiators received at the prior institution during enrolled in a term-based program objected to the proposed alternative the award year in relation to the changed at any time during a payment approach. They did not believe it was student’s Scheduled Award at that prior period in which the student is receiving appropriate to require a student in a institution. The credit or clock hours a payment from a second Scheduled term-based program to earn the credit or that the student would be considered to Award in an award year, the institution clock hours of the first academic year have earned would be in the same would be required to recalculate the for the student to be eligible for a proportion to credit or clock hours in student’s payment for the payment second Scheduled Award. In addition, the current institution’s academic year period. This recalculation requirement the non-Federal negotiators disagreed as the disbursements that the student would ensure that a student who is not with our understanding that has received at the prior institution in accelerating does not receive the benefit acceleration means that a student would the award year are in proportion to the

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student’s Scheduled Award at the prior payments of the student’s Scheduled For example, a transfer student received institution. Award disbursed at a prior institution $2,000 of his or her first Scheduled If the student’s first Scheduled Award during the award year by the number of Award of $4,000 while enrolled at a has been disbursed at institutions credit or clock hours in the current prior institution. The student’s current previously attended, the student would institution’s academic year and dividing institution defines its academic year, in be considered to have completed the the product of the multiplication by the part, as 24 semester hours. To determine credit or clock hours of the first amount of the Scheduled Award at the the number of credit hours the student academic year in the award year. If less prior institution. If the student is considered to have earned in the than the first Scheduled Award has previously attended more than one award year at the prior institution, the been disbursed at prior institutions, the institution in the award year, the current institution performs the student’s credit or clock hours earned institution would add the results of the following calculation: would be determined by multiplying the calculation for each prior institution.

$2,000 disbursement × 24 semester hours $4,000 Scheduled Awaard = 12 semester hours

In this case the student would be the requirement that a student complete credits or clock hours earned in the considered to have earned 12 semester the credit or clock hours in the student’s award year are considered in hours of the first academic year in the first academic year in the award year if determining the student’s eligibility. award year. the administrator determines that the Payment Period in Two Award Years Reasons: We are proposing these student was unable to complete the (§ 690.64) changes because we believe that they clock or credit hours in the student’s limit the administrative burden for first academic year in the award year Current Regulations: Under current institutions in implementing the due to circumstances beyond the § 690.64, if a payment period is requirements for determining the student’s control. The financial aid scheduled to occur in two award years, eligibility of transfer students. administrator would be required to an institution must consider this During negotiated rulemaking, the make and document the determination ‘‘crossover’’ payment period to occur non-Federal negotiators noted that our on an individual basis. The proposed entirely in one award year. In general, initial proposal did not address the regulations also provide examples of an institution may assign a crossover eligibility status of transfer students. As circumstances that may be considered payment to either award year. The a result, we proposed that, unless the beyond the student’s control, such as assignment, for example, may be on a institution had information to the withdrawing from classes due to illness, student-by-student basis, or the contrary such as a transcript from the and those that would not be considered institution may establish a policy of other institution, an institution could beyond the student’s control, such as assigning the crossover payment period determine the credit or clock hours that failing to register for a necessary class to of all students to the same award year. a transfer student earned at another avoid a particular instructor. If more than six months of a crossover institution during the award year based Reasons: During negotiated payment period are scheduled to occur on the Federal Pell Grant disbursements rulemaking, the non-Federal negotiators within one award year, the institution that the student received at the other noted that our initial proposal did not must assign the payment period to that institution during the award year in provide any authority for a financial aid award year. relation to the student’s Scheduled administrator to consider whether there Proposed Regulations: Under Award at that institution. Many of the were special circumstances affecting a proposed § 690.64, if a student is non-Federal negotiators were concerned student’s ability to complete the credits enrolled in a crossover payment period about the difficulties for institutions or clock hours to be eligible for a as a half-time or less-than-half-time administering the Federal Pell Grant payment from a second Scheduled student, the current requirements Program. Specifically, the non-Federal Award. We agree. generally would apply. negotiators were concerned that If a student is enrolled as a three- Nonapplicable Credit or Clock Hours transcripts that might be in the quarter-time or full-time student, an (§ 690.67(d)) registrar’s office might not always be institution must consider the payment readily available to the financial aid Current Regulations: None. period to be in the award year in which office in a form or process conducive to Proposed Regulations: We are the student would receive the greater implementing these provisions. proposing that, in determining a payment for the payment period based Based on the non-Federal negotiators’ student’s eligibility for a second on the information available at the time concerns, we have revised our proposal Scheduled Award in an award year, an that the student’s Federal Pell Grant is to provide that an institution would rely institution may not use credit or clock initially calculated. If the institution solely on assuming the credit or clock hours that the student received based on subsequently receives information that hours earned in an award year based on Advanced Placement (AP) programs, the student would receive a greater the Federal Pell Grant disbursements International Baccalaureate (IB) payment for the payment period by received from the student’s Scheduled programs, testing out, life experience, or reassigning the payment to the other Award at another institution. similar competency measures. award year, the institution would be Reasons: A student’s eligibility for a required to reassign the payment to the Special Circumstances (§ 690.67(c)) second Scheduled Award is based, in award year providing the greater Current Regulations: None. part, on the student’s progress in payment. Proposed Regulations: The proposed earning the credits or clock hours of the A student may request that the regulations would provide that a first academic year in the award year. institution place the payment period in financial aid administrator may waive This provision ensures that only those the award year that can be expected to

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result in the student receiving a greater make up for the generally smaller Award in the subsequent spring term. amount of Federal Pell Grants over the amount that the student would receive As in the case of a student enrolled half- two award years in which the payment for the summer term if it were assigned time or less, the student may request period is scheduled to occur. If the to the first award year. that the institution assign the crossover student makes that request, the In addition, the non-Federal payment period to the award year that institution must assign the payment negotiators believed that determining would be expected to provide the period to that award year. the higher payment for the crossover student the greater amount of Federal Reasons: To the extent practicable, we payment period at the time of Pell Grants over the two award years, believe that a crossover payment period disbursement created significant and the institution must comply with should be assigned in a way that administrative difficulties, since the the student’s request. maximizes a student’s eligibility over higher disbursement amount might be the two award years in which the determined not only by a change in the Some of the non-Federal negotiators payment period is scheduled to occur. Scheduled Award for the award year, were concerned that the time for a Initially, we proposed that a crossover but also by a change in a student’s determination of the award year to payment period should be assigned to expected family contribution (EFC). As which a crossover payment period must the award year in which the student an alternative, they suggested that the be assigned may prevent institutions receives the greater payment for the determination of the higher amount be from closing out the earlier of the two payment period based on the set based solely on the higher Payment award years in which the crossover information available to the institution or Disbursement Schedule. They payment period is scheduled to occur. at the time of disbursement. If, believed that this approach would not They suggested that the proposed subsequent to that date, the institution require a financial aid administrator to regulations include a provision for a determines that the student would track changes in a student’s EFC. deadline for such determinations. We receive a greater payment for the As a result of the non-Federal agree that an institution must be able to payment period by reassigning the negotiators’ concerns regarding the close out the earlier award year in a payment to the other award year, the assignment of crossover payment timely manner, but we do not believe a institution may reassign the payment periods for term-based programs, we specific reference is necessary in these period to the other award year. provided an alternative proposal that is proposed regulations. Sections 690.12, The non-Federal negotiators objected the basis for these proposed regulations. 690.61(b), and 690.83 and 34 CFR part to the mandatory assignment of a In the case of a half-time student or less- 668.60 already provide the necessary crossover payment period to the award than-half-time student, we do not authorities to establish deadlines for year with the higher payment. They believe the difference in the payments closing out application processing and objected because, based on the student’s from each award year for a crossover Federal Pell Grant financial reporting enrollment status in a term-based payment period will usually be a for an award year. If a student’s higher program, there may be a decrease in the significant amount. In these situations, payment for a crossover payment period overall amount the student would we do not believe it would be necessary is from the earlier award year, the receive for the two award years of the to mandate assignment based on the application and financial reporting crossover payment period. For example, higher payment. In addition, in those deadlines would still be applicable. If a student is enrolled in a traditional circumstances where the assignment by the determination occurred subsequent semester-based program with an the institution may not be to the to those deadlines, no further action academic year that is defined, in part, as student’s advantage, the student may would be required of the institution. If 24 semester hours. The student attends request a determination by the a student’s higher payment for a half-time, 6 semester hours, for a institution of the assignment that would crossover payment period is from the summer term that must be assigned to provide the student the greater amount later award year, the applicable the second award year due to the higher of Federal Pell Grants over the two deadlines would be those for the later payment and enrolls for 12 semester award years. The institution must award year. hours in the fall semester. The student comply with the student’s request and would not have earned the semester must reassign the crossover payment The Department specifically invites hours of the first academic year at the period if the reassignment would be public comment on the proposal to end of the fall semester. When the expected to provide the student the require institutions to initially place the student enrolls full-time in the spring greater amount of Federal Pell Grants crossover payment period in the award semester, the student is not yet eligible over the two award years. year that results in the payment of the for a payment from the second With regard to a student enrolled at higher amount to a student enrolled at Scheduled Award. Thus, the student least three-quarter-time, we believe that, least three-quarter-time (and to allow would receive only the remaining one- generally, a student would significantly the student to request that the payment fourth of his or her first Scheduled benefit from a crossover payment period period be placed in the other award year Award, instead of a full payment of one- being assigned to the award year in if that placement would be expected to half of a Scheduled Award. However, if which the student would receive the result in the student receiving a greater the student’s summer crossover greater payment for the payment period. amount of Federal Pell Grant aid over payment period were assigned to the If a student is enrolled at least three- the two award years in which the first award year of the crossover quarter-time in a crossover payment payment period is scheduled to occur). payment period, the student would be period that is assigned to the second Further, the Department is interested in eligible for a full payment of one-half of award year, the student would generally data from past practices and experiences a Scheduled Award for that following be able to complete the credit hours of of institutions in the placement of spring semester. The difference for the an academic year in the next semester crossover payment periods and in spring semester between a payment of or next two quarters by taking slightly whether, and to what degree, this one-fourth of a Scheduled Award under more than the minimum course load proposal will burden or otherwise the first approach, and one-half of a required for a full-time student and adversely affect institutions’ Scheduled Award under the second would be able to qualify for a full administration of the Federal Pell Grant approach, would usually more than payment from the second Scheduled Program.

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Payment From Two Scheduled Awards September 11, 2001, would must be from State funds for the (§ 690.63(h)) automatically receive a zero EFC for program and no longer requires that the Current Regulations: None. purposes of the Federal Pell Grant non-Federal share must be from a direct Proposed Regulations: Under Program if he or she was under 24 years appropriation of State funds. § 690.63(h) of the proposed regulations, old or enrolled in an institution of Current Regulations: Section if a student is eligible for the remaining higher education at the time of the 692.10(b) references ‘‘State-appropriated portion of a first Scheduled Award in an parent’s or guardian’s death. funds’’ in the provisions concerning award year and for a payment from the Reasons: These proposed regulations how the Secretary determines the second Scheduled Award, the student’s would implement the statutory number of students deemed eligible for payment would be calculated using the provisions. Some of the negotiators purposes of calculating State allotments annual award for his or her enrollment objected to our initial proposal that a under § 692.10(a). status for the payment period. The student must have an EFC in the numerical range that would make a Proposed Regulations: Proposed student’s payment would be the § 692.10(b) would remove references to remaining amount of the first Scheduled student eligible for a Federal Pell Grant to qualify for a maximum Federal Pell State funds being appropriated funds Award being completed plus an amount and would make technical corrections from the second Scheduled Award in Grant. The negotiators believed that the Secretary would be adding an additional in § 692.10(a) to reflect that multiple the award year up to the total amount programs are funded under part 692. of the payment for the payment period. student eligibility requirement that the Reasons: In certain circumstances, a statute did not provide. Based on the Reasons: This proposal is necessary to student may, within the same payment non-Federal negotiators objections and implement section 415C(b)(10) of the period, be completing his or her our belief that any student should HEA, as amended by the HEOA. receive a zero EFC if the student’s eligibility for the remaining balance of Several members of the LEAP/GAP parent or guardian died as a result of the first Scheduled Award in the award subcommittee raised concerns regarding performing military service in Iraq or year while also having eligibility to whether we should define the term Afghanistan after September 11, 2001, receive a payment from the second ‘‘State funds’’ to clarify this change to we removed the proposal that a student Scheduled Award. We have identified the nature of the program’s matching must have an initial Federal Pell Grant two circumstances in which a student funds. We did not agree that a definition EFC that makes him or her eligible in may be paid from two Scheduled was necessary. During the subcommittee order to qualify for a zero EFC under Awards in a payment period. One discussions, we noted that the term circumstance would be if the institution this provision. The non-Federal negotiators also ‘‘State funds’’ only refers to cash funds, determined, under proposed § 690.67(c), and this cash may be from State- that a student was unable to earn the objected to the Secretary’s position that an eligible student would be considered appropriated funds or may be from credits in the first academic year due to dedicated State revenues such as special circumstances beyond the to have a zero EFC rather than the maximum Federal Pell Grant Scheduled revenues from a State lottery or tuition control of the student. The other revenues at a State’s public institutions circumstance would be that a student Award. We do not agree. The statute explicitly states that an eligible student of higher education used to provide completed the hours of the first grant aid. The term ‘‘State funds’’ would academic year but had not received all is deemed to have an EFC of zero. We are not proposing any regulations not include in-kind support to a student of his or her first Scheduled Award. in relation to the Secretary of Veterans such as a tuition waiver at a public This provision would provide guidance Affairs and the Secretary of Defense institution of higher education. ‘‘In- to institutions in calculating a student’s providing the necessary information to kind’’ support is not cash. If a State payment for the payment period in the Secretary of Education to carry out were to choose to use tuition revenues these circumstances and would ensure this provision, nor will this provision at public institutions, or some other that eligible students receive their require any additional questions on the sources of State cash, to meet its non- awards. Free Application for Federal Student Federal share, use of this cash may Maximum Federal Pell Grant for Aid (FAFSA). Once a student completes affect information that the State must Children of Soldiers (§ 690.75(e)) the FAFSA, the Secretary of Education provide in its application to participate in the LEAP and GAP programs in Statute: Section 401(f)(4) of the HEA will perform a data match with the addition to being included in the provides that a student whose parent or Department of Defense and the amount of funds reported for the non- guardian died as a result of performing Department of Veterans Affairs to Federal share. military service in Iraq or Afghanistan confirm that the student had a parent or after September 11, 2001, is deemed to guardian who died as a result of In addition, discussions of the LEAP/ have a zero expected family performing military service in Iraq or GAP subcommittee noted that, in contribution (EFC) for purposes of the Afghanistan after September 11, 2001. accordance with 34 CFR 80.24 of the Federal Pell Grant Program. The HEA A tentative consensus was reached on Education Department General further directs the Secretary of Veterans these proposed regulations during the Administrative Regulations (EDGAR), Affairs and the Secretary of Defense to negotiations. other Federal funds generally may not provide necessary information to the Part 692 Leveraging Educational be used to meet a State’s non-Federal Secretary of Education to carry out this Assistance Partnership Program share nor may a State use the same non- provision. Federal funds to meet the non-Federal Current Regulations: None. LEAP Program—Non-Federal Share share of more than one Federal program. Proposed Regulations: Under (§ 692.10) For example, tuition revenues at a proposed § 690.75(e), a student whose Statute: Section 415C(b)(10) of the public institution used to meet the non- parent or guardian was a member of the HEA, as amended by the HEOA, Federal share of the LEAP Program may Armed Forces of the United States and provides that the non-Federal share of not be used by the institution to meet died as a result of performing military the amount of student grants or work- the matching requirement of the FSEOG service in Iraq or Afghanistan after study jobs under the LEAP Program Program.

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Notification to Students of LEAP Grant necessary. The language in the required State that receives a GAP allotment; (See Funding Sources (§ 692.21(k)) notice would accurately describe, for § 692.101) • Statute: Section 415C(b)(11) of the example, a grant that consisted solely of Describe how the Secretary would HEA requires that a State notify eligible State funds or solely of Federal funds. allot funds to the States (See § 692.110); • Provide that the State must use at students that grants under the LEAP In some cases, a State may not least 98 percent of the Federal funds Program are (1) LEAP Grants and (2) are determine actual LEAP recipients at the received under the GAP Program to funded by the Federal Government, the time State grants are made, for example, fund LEAP Grants under GAP and may State, and, where applicable, other if a State selects students considered to use up to two percent of the Federal contributing partners. have received a LEAP Grant after the funds received for administrative Current Regulations: None. award year has ended. In this Proposed Regulations: Proposed circumstance, the State would be expenses such as the establishment of a § 692.21(k) would require that the State expected to provide notices at least to partnership, early notification to program notify eligible students that all State grant recipients. potentially eligible students and their grants under the LEAP Grant Program In general, these same considerations families of their potential eligibility for are (1) LEAP Grants and (2) are funded apply to notifications for LEAP Grants student assistance including LEAP by the Federal Government, the State, made under the GAP Program in Grants under GAP, and issuing to and, where applicable, other accordance with proposed students preliminary award contributing partners. § 692.100(a)(8). notifications (See § 692.112); • Describe the requirements for funds Reasons: The proposed regulations Grants for Access and Persistence matching the Federal allotment under generally reflect the statutory language. Program (Subpart C of Part 692 the GAP Program (See § 692.113); Some LEAP/GAP subcommittee Consisting of §§ 692.90 Through • Describe the requirements for members questioned whether the 692.130) student eligibility under the GAP regulations should reflect the extent to Program including that the student which States had flexibility in Statute: Section 415E of the HEA, as meets the relevant eligibility implementing this provision. While we amended by the HEOA, authorizes the requirements in 34 CFR 668.32; has noted in the discussions with the Grants for Access and Persistence (GAP) graduated from secondary school or, for subcommittee that our intent is to Program to assist States in establishing a home-schooled student, has provide maximum flexibility to the partnerships to provide eligible students completed a secondary education; has States in implementing this provision, with LEAP Grants under GAP to attend financial need for a grant; and meets any we believe the statutory language as institutions of higher education. The additional requirements that the State used in the proposed regulations GAP Program replaces the SLEAP may require for receipt of a LEAP Grant inherently sets certain minimum Program previously authorized by section 415E of the HEA. under GAP (See § 692.120); standards. • Provide that a State may impose As was discussed by the Current Regulations: None. Proposed Regulations: Under reasonable time limits for a student to subcommittee members, the State would complete his or her degree (See need to ensure that students who proposed part 692, subpart C, §§ 692.90 through 692.130, we are proposing the § 692.120(c)(2)); and receive a LEAP Grant are aware of the • Describe how a participating regulations necessary to implement the source of those funds. A State would institution may request a waiver of GAP Program. The proposed regulations need to establish a policy that would statutory or regulatory requirements that would— define the term ‘‘eligible student,’’ the would inhibit the ability of the • Describe the definitions and other State would use the policy to identify institution to successfully and regulations that would apply to the GAP the students that the State would notify efficiently participate in the activities of in accordance with the proposed Program (See § 692.92); • the partnership (See § 692.130). regulations. A State may consider an Provide the requirements for Reasons: These proposed regulations ‘‘eligible student’’ to be all students participation in the GAP Program by are necessary to implement the submitting an application, thus students, States, degree-granting provisions of section 415E of the HEA, including potentially eligible students; institutions of higher education, early as amended by the HEOA. we believe that this approach would information and intervention, minimize the State’s administrative mentoring, or outreach programs (early Early Intervention Programs burden. A State may consider an intervention programs), and (§§ 692.94(a)(2)(ii), and 692.101(c)) ‘‘eligible student’’ to be students philanthropic organizations or private Statute: Section 415E(c)(3) provides awarded LEAP Grants, or, at a corporations (See § 692.93); that a State agency apply for a GAP minimum, recipients of LEAP Grants. • Describe the requirements a State allotment with, among others, early Also, under the proposed regulations, must satisfy, as the administrator of a intervention programs located in the notifications must be to individual partnership with institutions of higher State. Section 415E(c)(4)(C) requires that students rather than general education, early intervention programs, an early intervention program in a notifications; a State may use electronic and philanthropic organizations or partnership must provide direct media; and a State may rely on private corporations, to receive GAP services, support, and information institutions as the agent of the State to Program funds (See § 692.94); (direct services) to participating provide the notifications. • Describe the requirements that a students. Some subcommittee members were State must meet to receive an allotment Current Regulations: None. concerned with whether it would be under this program, including Proposed Regulations: Proposed appropriate to revise the notification to submitting an application on behalf of a § 692.94(a)(2)(ii) provides that a State say that the LEAP Grant ‘‘may be partnership and serving as the primary applying for a GAP allotment must funded’’ by Federal, State, or, for administrative unit of the partnership establish a partnership that includes purposes of the GAP Program, other (See § 692.100); new or existing early intervention contributing partners. We do not believe • Describe the responsibilities of the programs. Under proposed § 692.101(c), such an alteration is appropriate or members of a State partnership in a an early intervention program

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administered by a State or private Current Regulations: None. Recruiting Eligible Students organization is eligible to establish a Proposed Regulations: Under (§ 692.101(b)(2)) partnership under the GAP Program, if proposed § 692.100(a)(6), a State must Statute: Section 415E(c)(4)(B)(i)(I) of the program provides direct services, include in its application the steps it the HEA provides that an institution of support, and information to plans to take to ensure, to the extent higher education in a GAP partnership participating students. practicable, that students who receive a must recruit and admit participating Reasons: These proposed regulations qualified students and provide are necessary to implement section LEAP Grant under GAP would persist to additional grant aid as agreed to with 415E(c)(3) of the HEA and to clarify degree completion. the State agency. what is considered an eligible early Reasons: Proposed § 692.100(a)(6) is Current Regulations: None. intervention program. necessary to implement section Proposed Regulations: Under Members of the LEAP/GAP 415E(c)(1)(B)(vi) of the HEA. proposed § 692.101(b)(2), a degree- subcommittee were concerned that the Some members of the LEAP/GAP proposed regulations did not define the granting institution of higher education subcommittee believed that the that is in a partnership under the GAP direct services that would be expected. proposed regulations should directly We did not believe such an expansion Program must recruit, admit, and address eligible students attending of the regulations is necessary but provide institutional grant aid to nonparticipating institutions of higher agreed to provide further clarification. participating eligible students as agreed education. We do not agree. For a State Under these proposed regulations, early to with the State agency. that provides a LEAP Grant under GAP intervention services would include, but Reasons: The proposed regulations would not be limited to, direct services to an eligible student attending a generally reflect the language in section such as after-school and summer-school nonparticipating institution of higher 415E(c)(4)(B)(i)(I) of the HEA. Some tutoring, test preparation, assistance in education, we would expect the State to LEAP/GAP subcommittee members obtaining summer jobs, career obtain a signed assurance from the were concerned that the regulations may mentoring, a summer-bridge nonparticipating institution. The adversely affect the admissions component, i.e., a precollege campus nonparticipating institution would standards of participating institutions. experience, and academic, personal and assure the State that it would follow the We believe that under these proposed career counseling. These services may State’s plan established in the State’s regulations institutions and States be provided through electronic media if GAP application. would have broad discretion regarding the electronic media would be what may be included in an agreement, Notification to Students of LEAP Grant e.g., there is no requirement that an appropriate to the direct service Funding Sources (§ 692.100(a)(8)) provided and would interactively and institution must waive its admissions directly engage individual students. Statute: Section 415E(c)(1)(B)(viii) of standards. Disseminating literature, or providing the HEA requires that a State notify GAP and SLEAP Allotments (§§ 692.70 informational Web sites, would not eligible students that grants are (1) and 692.110) qualify as direct services. LEAP Grants and (2) are funded by the Members of the LEAP/GAP Federal Government; the State; and, Statute: Section 415E(b) of the HEA, as amended by the HEOA, provides that subcommittee also questioned the where applicable, other contributing the Secretary makes an allotment under minimum number of early intervention partners. programs that must be in a State the GAP Program to each State that partnership. Under these proposed Current Regulations: None. submits an application to meet the costs regulations, a State partnership would Proposed Regulations: Under of the Federal share of the State’s GAP be required to have more than one proposed § 692.100(a)(8) a State GAP Program. The statute requires that, in program that offers an early intervention Program is required to notify eligible making a continuation award for a State, component. Section 415E(c)(3) of the students that the grants they receive the Secretary would make an allotment HEA, which the regulations mirror, under GAP are LEAP Grants and that to the State that is not less than the refers to early information and the grants are funded by the Federal allotment made to the State in the intervention, mentoring, or outreach Government; the State; and where previous fiscal year and further provides programs, suggesting that more than one applicable, other contributing partners. that the Secretary give priority to a State that applies for an allotment in of these types of programs must be Reasons: Section 415E(c)(1)(B)(viii) of partnerships with degree-granting included in the GAP Partnership. We the HEA for the GAP Program, which institutions whose combined full-time believe the proposed regulations are these proposed regulations implement, enrollment represents a majority of all consistent with the statute. A State or is basically the same as section students attending institutions of higher private organization that has a single 415C(b)(11) of the HEA for the LEAP early intervention program that includes education in the State. Program. The reasons for these proposed Section 415E(g) of the HEA, as several components or programs within regulations are the same as those its structure would satisfy the amended by the HEOA, provides that reasons described for the LEAP Program the LEAP Program provisions that are requirement of having more than one proposed regulations as discussed under early intervention program. not inconsistent with GAP requirements proposed § 692.21(k). apply to GAP. Persistence to Degree Completion For a LEAP Grant under GAP, a State For the programs authorized under (§ 692.100(a)(6)) may include this notification in the part A, subpart 4 of title IV of the HEA, Statute: Section 415E(c)(1)(B)(vi) of award notification required under including the GAP Program, section the HEA provides that a State’s proposed § 692.111(e). The notifications 415B of the HEA provides that application for a GAP allotment must would apply to LEAP Grants under GAP allotments are based on the ratio that include a description of the steps the that are funded by in-kind contributions the number of eligible students in a State would take to ensure that students as well as those funded by the Federal State bears to the number of eligible who receive LEAP Grants under GAP allotment or cash contributions to the students in all the States except that no would persist to degree completion. non-Federal share. State may receive less than the State

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received for fiscal year 1979 (1979–1980 used to allot the State’s Federal LEAP opportunity to qualify for funding under award year). Section 415B of the HEA funds under § 692.10(a). the allotment formula. further provides that any allotted funds Insufficient funds may be available to For continuing awards, there may be not required by a State may be realloted allot a continuation award that is at a year in which there are sufficient to other States in proportion to the least the amount of Federal GAP funds funds available to allot to each State that original allotments to these other States. that were allotted to each State in the participated in the prior fiscal year the Section 415A(b) of the HEA, as prior fiscal year. In this circumstance, same amount of Federal GAP funds that amended by the HEOA, provides that proposed § 692.110(a)(3)(ii) would were allotted in the prior fiscal year, but the amount of the annual appropriation provide that each State would receive insufficient funds are available both to for the LEAP and GAP programs that is an allotment that bears the same ratio to allot the same amount of Federal GAP in excess of $30,000,000 must be made the amount of Federal GAP funds funds to these continuing States as in available to carry out the GAP Program. available as the amount of Federal GAP the prior year and to allot additional Section 415E(j) of the HEA, as funds allotted to each State in the prior funds to additional States in accordance amended by the HEOA, provides that fiscal year bears to the amount of with the ratio used to allot the States’ for the two-year period that begins on Federal GAP funds allotted to all States Federal LEAP funds. For these August 14, 2008, the date of enactment in the prior fiscal year. circumstances, we believe it is in of the HEOA, a State may continue to Proposed § 692.110(b) provides that accordance with the statute to provide make grants under the SLEAP Program, we would reallot funds available for continuing States with the same i.e., through the 2010–2011 award year. reallotment in a fiscal year in allotment as received in the prior fiscal Current Regulations: There are no accordance with the provisions of year as proposed in § 692.110(a)(3)(i). current regulations for the GAP proposed § 692.110(a) that were used to Additional applicants would receive an Program. Section 692.70 provides that calculate initial allotments for the fiscal allotment based on applying to the funds are allotted to States applying year. remaining available funds the allotment under the SLEAP Program in Proposed § 692.110(c) provides that formula used to allot the States’ Federal accordance with § 692.10. any funds made available for GAP but LEAP funds. Proposed Regulations: Proposed not expended in a fiscal year may be § 692.110(a)(1) would apply to the GAP allotted or reallotted under the LEAP Another circumstance affecting Program the allotment formula Program. continuing awards would be a year for authorized under section 415B of the Proposed § 692.70 would clarify that, which there are insufficient funds HEA and used to allot a State’s Federal for fiscal year 2010 (2010–2011 award available to allot a continuation award LEAP funds under § 692.10(a) for a year), we would allot funds to States that is at least the amount of Federal fiscal year. applying under the SLEAP Program in GAP funds allotted to each State in the Proposed § 692.110(a)(2) would accordance with § 692.10 prior to prior year. Proposed § 692.110(a)(3)(ii) provide priority to qualifying States by calculating allotments to States applying would provide that we ratably reduce increasing the number of eligible for GAP funds under proposed subpart the allotment of each State in proportion students in a State to 125 percent in C of part 692. to its prior year funding. Under this determining the ratio for allotting funds Reasons: Except to carry out proposal we would allot to each State an for a fiscal year. This provision would provisions specific to GAP, we are amount that would bear the same ratio apply to a State that meets the proposing to apply the allotment to the amount of Federal GAP funds requirements under proposed formulas applicable to the LEAP available as the amount of Federal GAP § 692.113(b) for reduced State matching Program. This proposal is in accordance funds allotted to each State in the prior because the State is applying for an with section 415E(g) of the HEA, as fiscal year bears to the amount of allotment in partnership with degree- amended by the HEOA, that provides Federal GAP funds allotted to all States granting institutions whose combined that the LEAP Program provisions that in the prior fiscal year. This proposal full-time enrollment represents a are not inconsistent with GAP would ensure that, to the extent majority of all students attending requirements apply to GAP. practicable, a State with an allotment in institutions of higher education in the Two specific provisions of GAP the prior fiscal year would receive, at State. would modify the allotment formulas least proportionately, the same In some years, sufficient funds may be used for the LEAP Program. One allotment as in the prior year. available to allot to each State that provision gives priority to States that Proposed § 692.110(b) provides that participated in the prior fiscal year a apply for an allotment in partnerships we would reallot available funds in a continuation award that is the same with degree-granting institutions whose fiscal year in accordance with the amount of Federal GAP funds as were combined full-time enrollment provisions of proposed § 692.110(a) that allotted in the prior fiscal year, but are represents a majority of all students were used to calculate initial allotments not sufficient both to allot at least the attending institutions of higher for the fiscal year, and under proposed same amount of Federal GAP funds education in the State. The other § 692.110(c) any funds made available to allotted in the prior year to these States provision provides that a State’s GAP GAP but not expended would be and also to allot funds to additional allotment may not be less than the allotted or reallotted under the LEAP States in accordance with the ratio used allotment made to the State in the Program. We believe that applying the to allot the States’ Federal LEAP funds previous year. provisions for realloting funds as under § 692.10(a). For these We propose to implement the funding authorized under section 415B of the circumstances we are proposing priority in proposed § 692.110(a)(2) by HEA is not inconsistent with the § 692.110(a)(3)(i) that would provide to providing that the State’s enrollment of provisions of GAP and, therefore, must each State that participated in the prior eligible students would be 125 percent be applied to GAP allotments in fiscal year a continuation award in the of its eligible students in applying the accordance with section 415E(g) of the amount the State received in the prior allotment formula to all States. We HEA. In addition we believe that it fiscal year. From the remaining Federal believe that the proposed 125 percent would be consistent with the provisions GAP funds, new applicants would be fulfills the statutory provision while of section 415A(b) of the HEA to allot allotted an amount based on the ratio providing that all eligible States have an or reallot funds under the LEAP

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Program that were previously made An in-kind contribution is a noncash maintenance of effort requirements available to GAP but not expended. contribution that has monetary value, under proposed § 692.100(f) and (g). We are proposing to amend § 692.70 such as a tuition waiver, the provision Enrollment and the Amount of State of the SLEAP Program to implement the of room and board, transportation Match (§ 692.113(b)) provisions of section 415E(j) of the HEA passes, or other provisions that help a for fiscal year 2010 (2010–2011 award student meet the cost of attending an Statute: Section 415E(b)(2) of the HEA year). As a practical matter, no State was institution of higher education. The provides that the amount of the non- able to participate in the GAP Program proposed regulations would further Federal matching funds for a State’s in fiscal year 2009 (2009–2010 award clarify that an in-kind contribution must GAP Program is based on the full-time year), and these procedures are be considered to be estimated financial equivalent enrollment of the institutions necessary only for fiscal year 2010. assistance under 34 CFR 673.5(c). As in of higher education participating in the In proposed appendix A to subpart C the case of matching cash, matching in- State’s partnership. of part 692, we are providing a case kind contributions may be provided by Current Regulations: None. study that would illustrate the proposed the State, institutions of higher Proposed Regulations: Under requirements for allotting funds under education, or philanthropic proposed § 692.113(b), the non-Federal the GAP Program, including the organizations or private corporations. match of the Federal allotment must be provisions implementing the funding Regardless of whether the funds are forty-three percent of the expenditures priority, continuation awards, and cash or are an in-kind contribution, under this subpart if a State applies for SLEAP Program funding during the funds would qualify as matching funds a GAP allotment in partnership with transition period of fiscal year 2010 (the only if awarded in accordance with the degree-granting institutions of higher 2010–2011 award year) when a State GAP Program requirements, and the education in the State whose combined may continue to participate in the matching funds would be considered full-time enrollment represents less than SLEAP Program in lieu of GAP Program title IV, HEA program assistance. For a majority of all students attending participation. Apart from State example, if a student receiving a tuition institutions of higher education in the enrollments for fiscal year 1979 used in waiver did not graduate from secondary State, or thirty-three and thirty-four one- the allotment formula, nothing in the school, as required under § 692.120(a)(2) hundredths percent of the expenditures case study should be considered to to qualify as an eligible student for a under this subpart if a State applies for reflect any State’s actual circumstances LEAP Grant under GAP, the amount of a GAP allotment in partnership with or the expected results for any State. the tuition waiver could not qualify as degree-granting institutions of higher matching funds for the non-Federal education in the State whose combined Non-Federal Matching Funds full-time enrollment represents a (§ 692.113(a)(2)) share of a State’s GAP Program nor would it qualify as title IV, HEA majority of all students attending Statute: Section 415E(b)(2) of the HEA program assistance. If another student institutions of higher education in the provides that the non-Federal matching receiving a tuition waiver graduated State. funds for a State’s GAP Program may be Reasons: These proposed regulations from secondary school and was cash or a noncash, in-kind contribution would implement the provisions of otherwise eligible for a LEAP Grant that has monetary value and helps a section 415E(b)(2) of the HEA. Members under GAP, the amount of this other student meet the cost of attendance at of the LEAP/GAP subcommittee student’s tuition waiver would qualify an institution of higher education. believed that the number of students as matching funds for the non-Federal Current Regulations: None. used in determining these percentages share of a State’s GAP Program and as Proposed Regulations: Under should include both in-State and out-of- title IV, HEA program assistance. proposed § 692.113(a)(2), a State may State students. We agree. include cash or in-kind contributions as Nothing in these proposed regulations non-Federal matching funds of a State would require a State to provide LEAP Base-year Requirement (§ 692.100(f)) partnership under the GAP Program. An Grants under GAP to meet all costs of Statute: Section 415E(i) of the HEA in-kind contribution must be fairly attendance. As with LEAP Grants under provides that in determining a State’s evaluated; have monetary value, such as subpart A of this part, a State may, for share of the costs of the State’s GAP a tuition waiver; and be considered example, restrict a LEAP Grant under Program, the State may consider only estimated financial assistance under 34 GAP to meeting a student’s tuition and those expenditures from non-Federal CFR 673.5(c). fees. The restriction could apply to sources that exceed the State’s total Reasons: These proposed regulations funds from both the Federal allotment expenditures for need-based grants, would implement the provisions of and both cash and in-kind contributions scholarships, and work-study assistance section 415E(b)(2) of the HEA. toward the non-Federal share. for fiscal year 1999. Members of the LEAP/GAP In accordance with 34 CFR 80.24 of Current Regulations: None. subcommittee noted the need to clarify EDGAR, generally other Federal funds Proposed Regulations: Under the qualifying matching funds, may not be used to meet a State’s non- proposed § 692.100(f), the State must including the in-kind contributions that Federal share nor may a State use the provide an assurance that the non- may qualify as matching funds to make same non-Federal funds to meet the Federal funds used as matching dollars LEAP Grants under GAP to eligible non-Federal share of more than one under the State’s GAP Program is in students. Federal program. For instance, non- excess of what the State spent in fiscal Cash that qualifies as matching funds Federal funds used to match the Gaining year 1999 on need-based grants, may include, but is not limited to, State- Early Awareness and Readiness for scholarships, and work-study appropriated funds or other State funds Undergraduate (GEAR UP) Program may assistance. such as funds from a State lottery or not be used as matching funds for the Reasons: Section 415E(i) of the HEA tuition revenue at public institutions of GAP Program because those non-Federal and proposed § 692.100(f) are identical higher education. Matching cash may funds were already used to match to the base-year provisions for the also be grants to students provided by another Federal program. However, previously authorized SLEAP Program. private institutions or philanthropic those non-Federal funds would be Proposed § 692.100(f) would consider organizations or private corporations. included in the State’s base-year and the same fiscal year 1999 expenditures

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from the same need-based grant, a fiscal year, States receive LEAP, Program in a State that may have more scholarship, and work-study programs a SLEAP, and GAP funds operationally on than one maximum award amount State operated in fiscal year 1999. Thus, an award year (July 1 through June 30) without qualifying for the highest of the the amount of a State’s expenditures in basis. Therefore, a State’s MOE and maximum awards, e.g., a State may have fiscal year 1999 as determined for the matching requirements are also different maximum awards for SLEAP Program would be the same measured on an award year basis. attendance at public and private amount applicable for the State under institutions. In these cases, a student’s Student Eligibility—Secondary School these proposed regulations for the GAP maximum award is based on the Graduate (§ 692.120(a)(2)) Program. maximum award amount established for Statute: Section the applicable category or program Maintenance-of-Effort Requirement 415E(d)(2)(B)(i)(V)(bb) of the HEA (§ 692.100(g)) under which the student qualifies. We provides that a student must graduate agree that a student would meet this Statute: Section 415E(h) of the HEA from secondary school to be eligible for requirement if the student qualifies for provides that the aggregate amount a LEAP Grant under GAP. the State’s maximum undergraduate expended by a State per student, or the Current Regulations: None. award but does not actually receive the aggregate expenditures by the State, for Proposed Regulations: Under full amount of the maximum award. funds derived from non-Federal sources, proposed § 692.120(a)(2), to be eligible for the authorized activities under for a LEAP Grant under GAP, a student Executive Order 12866 section 415E(d) of the HEA for the must graduate from secondary school or, Regulatory Impact Analysis preceding fiscal year were not less than for a home-schooled student, must the amount expended per student or the complete a secondary education. Under Executive Order 12866, the aggregate expenditure by the State for Reasons: Proposed § 692.120(a)(2) is Secretary must determine whether the these authorized activities for the necessary to implement section regulatory action is ‘‘significant’’ and second preceding fiscal year. The 415E(d)(2)(B)(i)(V)(bb) of the HEA. We therefore subject to the requirements of authorized activities under section believe that a home-schooled student the Executive Order and subject to 415E(d) of the HEA include making who completes a secondary education review by the OMB. Section 3(f) of LEAP Grants under GAP and certain would satisfy the statutory requirement Executive Order 12866 defines a administrative expenses. that a student graduate from secondary ‘‘significant regulatory action’’ as an Current Regulations: None. school. However, a student who passed action likely to result in a rule that may Proposed Regulations: Under an approved ability-to-benefit test or (1) have an annual effect on the proposed § 692.100(g), the State must obtained a General Educational economy of $100 million or more, or provide an assurance that it meets the Development (GED) certificate would adversely affect a sector of the economy, GAP maintenance-of-effort (MOE) not satisfy the statutory provision and productivity, competition, jobs, the requirement. Under the GAP MOE would not qualify as an eligible student environment, public health or safety, or requirement, for the fiscal year prior to for a LEAP Grant under GAP. State, local or tribal governments or the fiscal year for which the State is communities in a material way (also requesting Federal funds, the amount Student Eligibility—State’s Maximum referred to as an ‘‘economically the State expended from non-Federal LEAP Program Award significant’’ rule); (2) create serious sources per student, or the aggregate (§ 692.120(a)(3)(ii)(B)) inconsistency or otherwise interfere amount the State expended, for all the Statute: Section 415E(d)(3)(A)(ii) of with an action taken or planned by authorized activities in § 692.111, i.e., the HEA provides that a student is another agency; (3) materially alter the making LEAP Grants under GAP and eligible for a LEAP Grant under GAP if budgetary impacts of entitlement grants, certain administrative expenses for the the student qualifies for the State’s user fees, or loan programs or the rights GAP Program, will be no less than the maximum undergraduate LEAP Grant and obligations of recipients thereof; or amount the State expended from non- under the LEAP Program as authorized (4) raise novel legal or policy issues Federal sources per student, or in the under section 415(C)(b) of the HEA. arising out of legal mandates, the aggregate, for those activities for the Current Regulations: None. President’s priorities, or the principles second fiscal year prior to the fiscal year Proposed Regulations: Proposed set forth in the Executive order. for which the State is requesting Federal § 692.120(a)(3)(ii)(B) would provide Pursuant to the terms of the Executive funds. that, in an award year in which a order, it has been determined this Reasons: Section 415E(h) of the HEA student is receiving an additional LEAP proposed regulatory action will have an and proposed § 692.100(g) are Grant under GAP, a student’s eligibility annual effect on the economy of more essentially the same as the MOE may be based, in part, on qualifying for than $100 million. Therefore, this action provisions for the previously authorized a State’s maximum undergraduate is ‘‘economically significant’’ and SLEAP Program except that the GAP award for LEAP Grants under the LEAP subject to OMB review under section MOE provision is concerned only with Program in accordance with subpart A 3(f)(1) of Executive Order 12866. expenditures for GAP program of part 692. Virtually all of the economic impact activities. Because States can only Reasons: Proposed associated with these proposed participate in the GAP Program starting § 692.120(a)(3)(ii)(B) is necessary to regulations flows from proposed in the 2010–2011 award year, the total implement section 415E(d)(3)(A)(ii) of § 690.67 (implementing the statutory State expenditures for authorized GAP the HEA. Members of the LEAP/GAP provision in section 401(a)of the HEOA) activities for the 2008–2009 and 2009– subcommittee were concerned that a allowing the award of two Pell Grants in 2010 award years would be zero. A State’s LEAP Program may not have a one year for students who wish to State’s MOE would not be relevant to single maximum award amount. They accelerate their program of study. qualifying for a GAP allotment until were also concerned that a student may Outside of this provision, the cost of fiscal year 2012 (the 2012–2013 award qualify for a maximum award but not which is driven almost entirely by year). receive the maximum amount. We agree explicit statutory requirements, these Note that although the statute and that a student may qualify for the State’s proposed regulations would not be regulations refer to funding in terms of maximum LEAP Grant under the LEAP considered ‘‘economically significant.’’

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The Secretary has assessed the potential set criteria to allocate excess loan funds the institution may recalculate the costs and benefits of this regulatory treated as non-Federal revenue to each completion or graduation rate of those action and has determined that the payment period. students by adding the time period of benefits justify the costs. Net present value: As discussed more service to the 150 percent time frame fully in the net present value discussion they normally have to complete or Need for Federal Regulatory Action in this preamble, the Secretary graduate. These proposed regulations are established a formula for institutions to Campus Safety Provisions—Hate needed to implement provisions of the use in calculating the net present value Crime Reporting: The Secretary HEA, as amended by the HEOA, related of institutional loans made during a determined that the current FBI’s Hate to changes to the Federal grant and fiscal year for the purpose of counting Crime Data Collection Guidelines in the work-study programs, campus safety, those loans as non-Federal revenue. As Uniform Crime Reporting Handbook educational programs for students with an alternative, the proposed regulations should be used to define the hate crimes intellectual disabilities, copyright would also allow an institution to use to be reported. infringement, teach-outs, readmission of 50 percent of the total amount of loans Campus Safety Provisions—Definition servicemembers, and non-Title IV it made during the fiscal year as the of Test: The Secretary defines test for revenue. NPV, provided that none of these loans purposes of emergency response and In general, these regulations simply are sold until they have been in evacuation procedures as regularly restate specific HEOA requirements, in repayment for at least two years. scheduled drills, exercises, and many cases using language drawn Institutional plans for improving the appropriate follow-through activities, directly from the statute, or make academic program: While requiring designed for assessment and evaluation technical changes to conform with institutions to provide prospective and of emergency plans and capabilities. statutory requirements or other enrolled students information about Campus Safety Provisions—Annual regulations. In the following areas, the plans for improving the institution’s Security Report/Emergency Response Secretary has exercised limited academic program, the Secretary and Evacuation Procedures: The discretion in implementing the HEOA determined that institutions themselves Secretary determined that institutions provisions in these proposed are in the best position to determine must include a statement of policy regulations: what defines a plan, including when a regarding their emergency response and Definition of baccalaureate liberal plan becomes a plan subject to evacuation procedures in the annual arts programs offered by proprietary dissemination under this provision. security report beginning with the institutions: The Secretary determined Peer-to-peer file sharing/copyrighted annual security report distributed by that, to meet the statutory requirement material: The Secretary determined that October 1, 2010. The Secretary that an institution offer a program, a in implementing statutory requirements established these emergency response liberal arts program must be an intended to reduce the unauthorized procedures to ensure institutions are organized program of study that is distribution of copyrighted material, prepared for an emergency situation on essentially the same for all students, institutions must incorporate at least campus. These procedures include except that it could include some one technological deterrent; must testing procedures to identify and elective courses. inform users that the unauthorized improve weaknesses and procedures to Readmission requirements for distribution of copyrighted material is providing emergency information to the servicemembers: The Secretary illegal, what actions constitute illegal campus and larger community, such as determined that the statute applies both distribution of copyrighted material, parents. to a student who began attendance at an and the potential penalties for doing so; Campus Safety Provisions—Timely institution and left because of service in and must use relevant assessment Warning and Emergency Notification: the uniformed services and to a student criteria to evaluate how effective its The Secretary determined that a timely admitted to an institution who did not plans are in combating the unauthorized warning must be issued in response to begin attendance because of service in distribution of copyrighted materials by crimes specified in the regulations and the uniformed services. The Secretary users of the institution’s networks. that an emergency notification is defined ‘‘promptly readmit’’ as Consumer Information: The Secretary required in the case of an immediate readmitting a student into the next class determined that institutions must threat to the health or safety of students or classes in the student’s program identify the source of the information or employees occurring on campus, unless the student requests a later date disclosed, as well as the time frames covering a broader scope of situations of admission, or unusual circumstances and methodology associated with that than those covered by the timely require the institution to admit the information; that institutions must warning requirement. student at a later date. disclose the retention rate as reported to Campus Safety Provisions—Annual Non-title IV revenue requirement (90/ the Integrated Postsecondary Education Security Report/Emergency Response 10)—institutional eligibility and Data System (IPEDS); that, with limited and Evacuation Procedures/Definition sanctions: The Secretary determined exceptions, institutions must of On-Campus Student Housing Facility: that an institution has 45 days after the disaggregate completion and graduation The Secretary defines the term on- end of its fiscal year to notify the rate data by gender, by major racial and campus student housing facility to mean Department if it failed the 90/10 ethnic subgroup, and by whether or not a dormitory or other residential facility requirement. the institution’s students received for students that is located on an Non-title IV revenue requirement (90/ certain types of Federal student aid; and institution’s campus, as defined in 10)—calculating revenue percentage: that, in cases where 20 percent or more § 668.46(a). The Secretary identified types of non- of the certificate- or degree-seeking, full- Campus Safety Provisions—Annual title IV eligible programs from which an time, undergraduate students at an Security Report/Missing Student institution could count, as revenue, institution left school to serve in the Notification Policy: The Secretary funds paid for students taking those Armed Forces, to serve on official determined that the annual security programs; identified elements to church missions, or to serve with a report must include information about distinguish an institutional loan from foreign aid service of the Federal missing student policies and other student account receivables; and Government (such as the Peace Corps), procedures.

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Campus Safety Provisions—Missing earned in an award year at least the Regulatory Alternatives Considered Student Notification Policy: The credit or clock hours of the first This section addresses the alternatives Secretary determined that institutional academic year of the student’s eligible that the Secretary considered in missing student notification policies program, and is enrolled as at least a implementing the discretionary portions must include a list of the titles of the half-time student in a program leading of the HEOA provisions. Except where persons or organizations to which a to a bachelor’s or associate degree or noted, alternatives considered did not student should be reported missing, other recognized educational credential, have a measurable effect on Federal must allow students to register in a except as provided for students with costs. These alternatives are discussed confidential manner a contact person to intellectual disabilities. The Secretary in more detail in the Reasons sections be notified within 24 hours if they are determined that a financial aid of this preamble related to the specific reported missing, must inform students administrator may, on an individual regulatory provisions. that their parent or guardian will be basis, waive the requirement that a Campus-Safety Provisions: In general, notified if they are under eighteen and student complete the credit or clock the Secretary adopted alternatives that not an emancipated minor, and must hours in the student’s first academic maximized the availability of inform students that law enforcement year in the award year due to special information provided to students and will be notified within 24 hours if the circumstances beyond the student’s parents while avoiding unnecessary student has been determined to be control. The Secretary determined that burden on institutions. Specific missing for 24 hours. in calculating a transfer student’s examples of this process are discussed Campus Safety Provisions—Annual eligibility to receive a second Scheduled in the Reasons sections accompanying Fire Safety Report: The Secretary Award, an institution determines the included definitions for cause of fire, individual regulatory provisions. credit or clock hours the student has Two Federal Pell Grants in an Award fire, fire drill, fire-related injury, fire- earned at a prior institution during the Year: The Department proposed that a related death, fire-safety system, and award year based on the Federal Pell student would be eligible to receive value of property damage to enable Grant disbursements that the student comparability across institutions of the payment from a second Scheduled statistics that institutions are required to received at the prior institution during Award if the student was also report. Additionally, institutions must the award year in relation to the completing the hours of the first submit statistics to the Department in student’s Scheduled Award at that prior academic year in that payment period. their annual fire safety report and must institution. In conjunction with this provision, the provide data for the three most recent The Secretary determined that if a Department proposed to require calendar years for which data are student is enrolled as a three-quarter- recalculation of a student’s payment for available, with reporting requirements time or full-time student, an institution any payment period in which the phased in beginning with the collection must consider a crossover payment student is receiving a second Scheduled of calendar year 2009 statistics for period, i.e., a payment period that Award if the projected enrollment status inclusion in the October 1, 2010 Annual occurs in two award years, to be in the of a student enrolled in a term-based Fire Safety Report. award year in which the student would program changed. This recalculation Financial Assistance for Students receive the greater payment for the requirement would ensure that a with Intellectual Disabilities: The payment period based on the student who is not accelerating does not Secretary determined that a information available at the time that receive the benefit of a payment from a comprehensive transition and the student’s Federal Pell Grant is second Scheduled Award. Non-Federal postsecondary program for students initially calculated. If the institution negotiators objected to the recalculation with intellectual disabilities must be subsequently receives information that requirements, citing concern that they delivered to students who physically the student would receive a greater would be administratively burdensome attend the institution and that such a payment for the payment period by and create a different treatment program must provide opportunities for reassigning the payment to the other compared to recalculations for first students with intellectual disabilities to award year, the institution would be Scheduled Awards. As discussed participate in coursework and other required to reassign the crossover extensively above in the Reasons activities with students without payment to the award year providing section related to this provision, the disabilities. the greater payment. Department rejected a number of Work-Study: The Secretary alternatives proposed by non-Federal A student may request that the determined that written authorizations negotiators, because they failed to institution place the payment period in from students will no longer be required encourage a student to accelerate the the award year that can be expected to before an institution can credit a completion of his or her program of result in the student receiving a greater student’s account or hold a credit study within a shorter time period than amount of Federal Pell Grants over the balance for the student. the regularly scheduled completion TEACH Grant Program Periods of two award years in which the payment time, i.e., the published length of the Suspension and Discharge of Agreement period is scheduled to occur. If the program. Consensus was not reached on to Serve: The Secretary determined that student makes that request, the this issue. a TEACH Grant recipient’s teaching institution must assign the payment Maximum Federal Pell Grant for service obligation should be discharged period to that award year. Children of Soldiers: During the in cases when the recipient cannot Maximum Federal Pell Grant for negotiation of these proposed comply with his or her agreement to Children of Soldiers: The Secretary regulations, the Department proposed teach because of a call or order to active determined that a student whose parent that a student must have an EFC in the military duty for an extended period of or guardian died as a result of numerical range that would make a time. performing military service in Iraq or student eligible for a Federal Pell Grant Two Federal Pell Grants in an Award Afghanistan after September 11, 2001 is to qualify for a zero EFC under this Year: The Secretary determined that a deemed to have a zero expected family provision. Non-Federal negotiators student would be eligible for a second contribution (EFC) for the Federal Pell objected that this added an additional Scheduled Award if the student has Grant Program. student eligibility requirement not

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provided for in the statute. Based on percent of revenue derived from sources potential impact of these proposed this objection and the Department’s other than title IV, HEA program funds; regulations, the Department recognizes belief that any student with a parent or providing that an institution that that certain provisions—such as the guardian who died in Iraq or conducts a teach-out at a site of a closed requirement for additional disclosures— Afghanistan after September 11, 2001 institution may, under certain are likely to increase workload for some should receive a zero EFC, the conditions, establish that site as an program participants. This additional Department agreed with the non-Federal additional location; amending the workload is discussed in more detail negotiators’ proposed language although definition of ‘‘proprietary institution of under the Paperwork Reduction Act of the Department’s alternative would have higher education’’ to include 1995 section of this preamble. cost approximately $450,000 less over institutions that provide a program Additional workload would normally be five years than the proposed regulations leading to a baccalaureate degree in expected to result in estimated costs that drew consensus. liberal arts, if the institution provided associated with either the hiring of Non-Federal negotiators also that program since January 1, 2009, and additional employees or opportunity suggested that recipients should receive has been accredited by a regional costs related to the reassignment of a Maximum Pell Award instead of a accrediting agency since October 1, existing staff from other activities. Given zero EFC. The Department declined on 2007, or earlier; providing that the non- the limited data available, the the basis that it conflicted with the Federal share of LEAP Grants no longer Department is particularly interested in explicit language of the statute. has to come from a direct appropriation comments and supporting information TEACH Grant Program Periods of of State funds; increased information to related to possible burden stemming Suspension and Discharge of Agreement LEAP Grant recipients and recipients of from the proposed regulations. to Serve: Several non-Federal the new GAP program; and the Estimates included in this notice will be negotiators suggested that the establishment of the activities, awards, reevaluated based on any information Department should expand the allotments to States, matching funds received during the public comment categories of extenuating circumstances requirements, consumer information period. under which a TEACH Grant recipient requirements, application requirements, Federal Pell Grant Program: who is unable to fulfill all or a portion and other requirements needed to begin Statutory changes implemented by of his or her teaching service obligation and continue participating in the GAP these proposed regulations are may be excused from fulfilling that Program. In most cases, the Department estimated to increase grant awards portion of the teaching service lacks data to accurately assess the under the Federal Pell Grant Program by obligation to include economic impact of these benefits. The $297 million over award year 2009– hardship, noting that teachers were Department is interested in receiving 2010 and a total of $1,643 million over being laid off in a number of areas and comments or data that would support a five years. This will increase Federal TEACH Grant recipients might not be more rigorous analysis of the impact of costs by the same amount. able to find full-time employment in these provisions. Statutory changes implemented by their high-need fields due to the current These benefits all flow directly from these proposed regulations to grant economic conditions. The Department statutory changes included in the children of deceased soldiers a zero EFC rejected this alternative, believing that HEOA; they are not materially affected are estimated to increase grant awards the eight-year timeframe to complete the by discretionary choices exercised by under the Federal Pell Grant Program by four-year service requirement is the Department in developing these approximately $280,000 over award sufficient to overcome temporary regulations. As discussed in greater year 2009–2010 and a total of $500,000 hardship in locating a suitable position. detail under Net Budget Impacts, these over five years. This will increase Federal costs by the same amount. Benefits proposed provisions result in net costs to the government of $1,644 million Because institutions of higher Benefits provided in these proposed over 2010–2014. education affected by these regulations regulations include greater transparency already participate in the Federal Pell for prospective and enrolled students at Costs Grant Program, these schools have institutions participating in the Federal Many of the statutory provisions already established systems and Student Financial Assistance programs; implemented though this NPRM will procedures to meet program eligibility increased eligibility for certain require regulated entities to develop requirements. Accordingly, entities recipients of Federal Student Financial new disclosures and other materials, as wishing to continue to participate in the Assistance program funds; established well as accompanying dissemination program have already absorbed most of requirements under which processes. Other proposed regulations the administrative costs related to servicemembers are readmitted to generally would require discrete implementing these regulations. participating institutions; established changes in specific parameters Marginal costs over this baseline are extenuating circumstances under which associated with existing guidance—such primarily related to one-time system a TEACH Grant recipient may be as changes to FWS cash management changes that, while possibly significant excused from fulfilling all or part of his practices and TEACH Grant service in some cases, are an unavoidable cost or her service obligation; expanded use suspension and discharge benefits. of continued program participation. of FWS funds to permit institutions to Entities wishing to continue to compensate students employed in participate in the student aid programs Net Budget Impacts projects that teach civics in school, raise have already absorbed most of the HEOA provisions implemented by awareness of government functions or administrative costs related to these proposed regulations are resources, or increase civic implementing these proposed estimated to have a net budget impact participation; allowing institutions regulations. Marginal costs over this of $297.4 million in 2010 and $1.6 located in major disaster areas to make baseline are primarily related to one- billion over FY 2011–2013. Absent FWS payments to disaster-affected time system changes that, while evidence on the impact of these students; new requirements for possibly significant in some cases, are regulations on student behavior, budget determining how proprietary an unavoidable cost of continued cost estimates were based on behavior institutions calculate the amount and program participation. In assessing the as reflected in various Department data

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sets and longitudinal surveys listed www.Whitehouse.gov/omb/Circulars/ Regulatory Flexibility Act Certification under Assumptions, Limitations, and a004/a-4.pdf), in Table 1, we have The Secretary certifies that these Data Sources in this preamble. The prepared an accounting statement proposed regulations would not have a budgetary impact of the proposed showing the classification of the significant economic impact on a regulations is almost entirely driven by expenditures associated with the substantial number of small entities. statutory changes involving the provisions of these proposed These proposed regulations would affect provision of two Pell Grants in one year. regulations. This table provides our best institutions of higher education that Assumptions, Limitations, and Data estimate of the changes in Federal participate in Title IV, HEA programs Sources student aid payments as a result of these and individual students and parents. proposed regulations. Expenditures are Because these proposed regulations The U.S. Small Business Administration classified as transfers from the Federal Size Standards define institutions and would largely restate statutory government to student loan borrowers requirements that would be self- lenders as ‘‘small entities’’ if they are (for expanded loan discharges, teacher for-profit or nonprofit institutions with implementing in the absence of loan forgiveness payments). regulatory action, impact estimates total annual revenue below $5,000,000 provided in the preceding section reflect or if they are institutions controlled by TABLE 1—ACCOUNTING STATEMENT: governmental entities with populations a pre-statutory baseline in which the CLASSIFICATION OF ESTIMATED EX- HEOA changes implemented in these below 50,000. A significant percentage PENDITURES (IN MILLIONS) proposed regulations do not exist. Costs of the institutions participating in the Federal student loan programs meet the have been quantified for five years. In Category Transfers general, these estimates should be definition of ‘‘small entities.’’ For these considered preliminary; they will be Annualized Monetized $297.4 million in institutions, the new requirements reevaluated in light of any comments or Transfers. 2010. imposed under the proposed regulations information received by the Department From Whom To Federal Government are not expected to impose significant prior to the publication of the final Whom? To Student Loan new costs. The impact of the proposed regulations. The final regulations will Borrowers. regulations on individuals is not subject incorporate this information in a revised to the Regulatory Flexibility Act. analysis. Clarity of the Regulations The Secretary invites comments from In developing these estimates, a wide small institutions and lenders as to Executive Order 12866 and the range of data sources were used, whether they believe the proposed Presidential memorandum ‘‘Plain including data from the National changes would have a significant Language in Government Writing’’ Student Loan Data System; operational economic impact on them and, if so, requires each agency to write and financial data from Department of requests evidence to support that belief. regulations that are easy to understand. Education systems; and data from a Paperwork Reduction Act of 1995 range of surveys conducted by the The Secretary invites comments on National Center for Education Statistics how to make these proposed regulations Proposed §§ 668.14, 668.18, 668.23, such as the 2004 National easier to understand, including answers 668.28, 668.41, 668.43, 668.45, 668.46, Postsecondary Student Aid Survey, the to questions such as the following: 668.49, 668.232, 668.233, 686.41, 1994 National Education Longitudinal • Are the requirements in the 686.42, 690.63, 690.64, 690.67, 690.75, Study, and the 1996 Beginning proposed regulations clearly stated? 692.21, and 692.100, 692.101, 692.111 Postsecondary Student Survey. For the • Do the proposed regulations contain contain information collection regulations related to the Federal Pell technical terms or other wording that requirements. Under the Paperwork Grant Program, the sample file used for interferes with their clarity? Reduction Act of 1995 (44 U.S.C. the Pell Grant estimation model is • Does the format of the proposed 3507(d)), the Department of Education created from a representative portion of regulations (grouping and order of has submitted a copy of these sections FAFSA applicants merged to Pell sections, use of headings, paragraphing, to the Office of Management and Budget recipient data from the most current etc.) aid or reduce their clarity? (OMB) for its review. completed academic year (currently AY • Would the proposed regulations be Section 600.5(a)(5)—Definition of 2007–08). The sample data is ‘‘aged’’ easier to understand if we divided them Baccalaureate Liberal Arts Programs using OMB economic assumptions and into more (but shorter) sections? (A Offered by Proprietary Institutions applicant growth assumptions to project ‘‘section’’ is preceded by the symbol The proposed change to § 600.5(a)(5) future awards. Data from other sources, ‘‘§ ’’ and a numbered heading; for would add to the definition of such as the Census Bureau, were also example, § 682.209 Repayment of a proprietary institution of higher used. Data on administrative burden at loan.) education, an institution that provides a participating schools and third-party • Could the description of the servicers are extremely limited; program leading to a baccalaureate proposed regulations in the degree in liberal arts that the institution accordingly, as noted above, the ‘‘Supplementary Information’’ section of Department is particularly interested in has provided since January 1, 2009, so this preamble be more helpful in long as the institution has been comments in this area. making the proposed regulations easier Elsewhere in this SUPPLEMENTARY accredited by a recognized regional to understand? If so, how? accreditation agency or organization INFORMATION section we identify and • explain burdens specifically associated What else could we do to make the since October 1, 2007, or earlier. This with information collection proposed regulations easier to proposed change in the definition of a requirements. See the heading understand? proprietary institution does not impact Paperwork Reduction Act of 1995. To send any comments that concern burden. how the Department could make these While the current regulations point to Accounting Statement proposed regulations easier to OMB 1840–0098, we estimate that there As required by OMB Circular A–4 understand, see the instructions in the is no change in burden associated with (available at http:// ADDRESSES section of this preamble. this section of the regulations as

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reported under the redesignated OMB The proposed regulation requires an institutions; however, these proposed Control Number 1845–0012. institution to designate one or more regulations only define non-title IV offices for the purpose of receiving revenue. The burden increase is found Section 668.14(b)(31)—Institutional advance notice from students of their in § 668.28(b) and (c) under OMB 1845– Requirements for Teach-Outs/Eligibility absence from the institution NEW2. and Certification Procedures necessitated by service in the uniformed Section 668.28(b)—Net Present Value The proposed regulations in services, and notice from students of § 668.14(b)(31) are amended to require intent to return to the institution. The proposed regulation 668.28(b) an institution to submit a teach-out plan However, such notice would not need to defines the NPV as the sum of the to its accrediting agency whenever (1) follow any particular format, nor would discounted cash flows. Proposed the Department or their accrediting a student have to indicate if the student Appendix C illustrates how an agency initiates an LS&T, or an intends to return to the institution. Also, institution calculates its 90/10 revenue emergency action against the institution, any such notice may be provided by an percentage. as required by statute; (2) the appropriate officer of the Armed Forces. The proposed regulations allow a institution’s State licensing or The notice of intent to return may be simpler alternative to performing the authorizing agency revokes the provided orally or in writing and would NPV calculation, by allowing an institution’s license or legal not need to follow any particular format. institution to use 50 percent of the total authorization to provide an educational A period of absence from the institution amount of loans it made during the program; (3) the institution intends to before or after performing service in the fiscal year as the NPV. However, as a close a location that provides 100 uniformed services would not count condition of using the 50 percent percent of at least one program; or (4) against the period of uniformed service alternative calculation, if the institution the institution otherwise intends to which is limited to the five years. chooses to use this alternative, it may cease operations. The proposed regulations list the not sell any of the associated loans until While the current regulations in documentation that support the they have been in repayment for at least § 668.14 point to OMB 1840–0537, we institution’s determination for two years. estimate that the proposed changes in readmission that a student must submit We estimate that the proposed § 668.14 will increase burden by 160 with an application for readmission. regulations will increase burden for hours for institutions under the The proposed regulations make clear institutions by 3,087 hours in the new redesignated OMB Control Number that the types of documentation OMB Control Number 1845–NEW2. 1845–0022. available or necessary will vary from Section 668.28(c)—Non-title IV Revenue Section 668.18—Readmission case to case. (90/10) Requirements for Servicemembers The proposed regulations list the The proposed regulations in circumstances that a student’s eligibility The proposed § 668.18 of the § 668.28(c) would remove all of the 90/ for readmission to an institution would regulations include the general 10 provisions from 34 CFR 600.5 and be terminated. requirements that an institution may not relocate the amended provisions to We estimate that the proposed deny readmission to a servicemember, subpart B of part 668. The proposed changes will increase burden for but must readmit the servicemember regulations amend the program students by 384 hours and for with the same academic status as when participation agreement to specify that a institutions by 1,129 hours for a total the student was last admitted to the proprietary institution must derive at increase in burden of 1,513 hours in institution. The proposed regulations least 10 percent of its revenue from OMB Control Number 1845–NEW1. clarify that the requirements also apply sources other than title IV, HEA to a student who was admitted to an Non-Title IV Revenue Requirement (90/ program funds. If an institution does not institution, but did not begin attendance 10) satisfy the 90/10 requirement, the because of service in the uniformed proposed regulations require the Section 668.28(a)—Calculating the services. The proposed regulations institution to notify the Department no Revenue Percentage specify that the institution must later than 45 days after the end of its promptly readmit a student, and would The proposed regulations in fiscal year that it failed the 90/10 define ‘‘promptly readmit’’ as § 668.28(a) implement the statutory requirement. In keeping with readmitting a student into the next class provisions relating to counting revenue provisional certification requirements or classes in the student’s program from non-title IV eligible programs. the current regulations are amended by unless the student requests a later date Regarding institutional loans for adding proposed language to provide of admission, or unusual circumstances which a net present value (NPV) would that a proprietary institution’s require the institution to admit the be calculated, the proposed regulations certification automatically becomes student at a later date. The proposed establish that institutional loans would provisional if it fails the 90/10 regulations require the institution to have to be credited in-full to the requirement for any fiscal year. make reasonable efforts to help the students’ accounts, be evidenced by We estimate that the proposed student become prepared or to enable standalone repayment agreements regulations in § 668.28(c) will increase the student to complete the program between students and the institution, burden for institutions by 1 hour in the including, but not limited to, providing and be separate from enrollment new OMB Control Number 1845–NEW2. refresher courses at no extra cost and contracts signed by students. allowing the student to retake a pretest To count revenue from loan funds in Section 668.23(d)(4)—Audited Financial at no extra cost. The institution would excess of the loan limits in effect prior Statements not be required to readmit the student to ECASLA in the allowable revenue The proposed regulations in if, after reasonable efforts by the category, the proposed regulations allow § 668.23(d)(4) require that a proprietary institution, the student is still not institutions to count the excess amount institution must disclose in a footnote to prepared to resume the program at the on a payment-period basis. its financial statement audit the point where he or she left off, or is still We estimate that the proposed percentage of its revenues derived from unable to complete the program. regulations will increase burden for the title IV, HEA program funds that the

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institution received during the fiscal chief technology officer or other Postsecondary Education Data System year covered by that audit. The designated officer of the institution, to (IPEDS). The institution may use institution must also report in the the extent practicable, offer legal various sources of retention rate footnote the non-Federal and Federal alternatives to illegal downloading or information and information on types of revenue by source that was included in otherwise acquiring copyrighted graduate and professional education in the 90/10 calculation. material, as determined by the which graduates of the institution’s While the current regulations point to institution. The proposed regulations four-year degree programs enroll (such OMB Control Number 1840–0697, we would also require that institutions (1) as State data systems, surveys, or other estimate that the proposed regulations periodically review the legal relevant sources). If an actual placement in § 668.23(d)(4) will increase burden alternatives for downloading or rate is calculated by the institution, it for institutions by 165 hours for the otherwise acquiring copyrighted must be disclosed. The institution redesignated OMB Control Number material and (2) make the results of the would have to identify the source of the 1845–0038. review available to their students information it discloses, as well as the through a Web site and/or other means. Section 668.43(a)(5)(iv)—Institutional time frames and methodology associated While the current regulations in with that information. Plans for Improving the Academic § 668.14 point to OMB 1840–0537, we Program While the current regulations point to estimate that the proposed changes in both OMB 1845–0004 and OMB 1845– The proposed regulation in § 668.14(b)(30) will increase burden by 0010, OMB 1845–0010 has been § 668.43(a) amends the information 91,120 hours for institutions under the recently discontinued, therefore, we about the academic program that the redesignated OMB Control Number estimate that the proposed regulations institution must make readily available 1845–0022. will increase burden for institutions to enrolled and prospective students Section 668.43(a)(10)—Consumer 8,541 hours in OMB Control Number about any plans by the institution for Information 1845–0004. improving any academic program at the institution. An institution would be The proposed regulations requires Section 668.45—Information on allowed to determine what a ‘‘plan’’ is, information regarding institutional Completion or Graduation Rates including when a plan becomes a plan. policies and sanctions related to the Under the proposed regulations in We estimate that the proposed unauthorized distribution of § 668.45, an institution’s completion regulations will increase burden for copyrighted material be included in the and graduation rate information must be institutions by 968 hours in OMB list of institutional information disaggregated by gender, by each major Control Number 1845–0022. provided upon request to prospective racial and ethnic subgroup, and by and enrolled students. This information Sections 668.14(b) and 668.43(a)—Peer- whether or not the institution’s students must (1) explicitly inform enrolled and received certain types of Federal student to-Peer File Sharing/Copyrighted prospective students that unauthorized Material aid. The disaggregation by receipt of aid distribution of copyrighted material, is categorized by: Section 668.14(b)(30)—Program including peer-to-peer file sharing, may Recipients of a Federal Pell Grant; Participation Agreement (PPA) subject a student to civil and criminal Recipients of a Federal Family The proposed regulations require an liabilities; (2) include a summary of the Education Loan or a Federal Direct Loan institution, as a condition of penalties for violation of Federal (other than an Unsubsidized Stafford participation in a title IV, HEA program, copyright laws; and (3) delineate the Loan); and to agree that it has developed and institution’s policies with respect to Recipients of neither a Federal Pell implemented plans to effectively unauthorized peer-to-peer file sharing, Grant nor a Federal Family Education combat the unauthorized distribution of including disciplinary actions that are Loan or a Federal Direct Loan (other copyrighted material by users of the taken against students who engage in than an Unsubsidized Stafford loan). institution’s network without unduly illegal downloading or unauthorized The institution would report its interfering with the educational and distribution of copyrighted materials completion and graduation rate research use of the network. using the institution’s information information in a disaggregated fashion An institution’s plan must include: technology system. only if the number of students in each The use of one or more technology- We estimate that the proposed category is sufficient to yield based deterrents; regulations in § 668.43(a)(10) will statistically reliable information, and Mechanisms for educating and increase burden for institutions by 1,424 doing so would not reveal personally informing its community about hours in OMB Control Number 1845– identifiable information about an appropriate versus inappropriate use of 0022. individual student. copyrighted material; Section 668.41—Reporting and We estimate that the proposed Procedures for handling unauthorized Disclosure of Information regulations will increase burden for distribution of copyrighted material, The proposed regulations in § 668.41 institutions 7,488 hours in OMB Control including disciplinary procedures; and Number 1845–0004. Procedures for periodically reviewing add retention rate information, the effectiveness of the plans. placement rate information, and Campus Safety Provisions The proposed regulations make clear information on the types of graduate Section 668.46(c)(3)—Hate Crime that no particular technology measures and professional education in which Reporting are favored or required for inclusion in graduates of the institution’s four-year an institution’s plans, and each degree programs enroll, to the types of The proposed regulations add the institution retains the authority to information that an institution must crimes of ‘‘larceny-theft,’’ ‘‘simple determine what its particular plans for provide to its enrolled and prospective assault,’’ ‘‘intimidation,’’ and compliance will be, including those that students. When reporting its retention ‘‘destruction/damage/vandalism of prohibit content monitoring. rate, an institution must disclose the property’’ to the crimes that must be The proposed regulation requires an institution’s retention rate as defined by reported in hate crime statistics. institution, in consultation with the and reported to the Integrated Additionally, the proposed regulations

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update the definitions of the terms professional judgment of responsible statutory requirements, specifying that a ‘‘Weapons: carrying, possessing, etc.,’’ authorities, compromise efforts to assist statement of policy regarding missing ‘‘Drug abuse violations,’’ and ‘‘Liquor a victim or to contain, respond to, or student notification for students law violations’’ which are excerpted otherwise mitigate the emergency. residing in on-campus student housing from the Federal Bureau of A list of the titles of the persons or facilities must include: Investigation’s Uniform Crime Reporting organizations responsible for carrying A list of the titles of the persons or Program, to reflect changes made by the out the actions proposed. organizations to which students, FBI to these definitions in 2004. Procedures for disseminating employees, or other individuals should We estimate that the proposed emergency information to the larger report that a student has been missing regulations will increase burden for community. for 24 hours; institutions by 5,695 hours in OMB Procedures for testing its emergency A requirement that any official Control Number 1845–0022. response and evacuation procedures on missing student report be immediately at least an annual basis with at least one referred to the institution’s police or Reporting Emergency Response and test per calendar year, and be campus security department or, if not Evacuation Procedures documented, including a description of applicable, to the local law enforcement Section 668.46(e)—Timely Warning and the exercise, the date, time, and if it was agency with jurisdiction in the area; Emergency Notification announced or unannounced. The option for each student to The proposed regulations clarify the We estimate that the proposed identify a contact person to be notified difference between the existing timely regulations will increase burden for if the student is determined missing by warning requirement and the new institutions by 11,390 hours in OMB the institutional police or campus requirement for an emergency Control Number 1845–0022. security department, or the local law notification policy. While a timely enforcement agency; and Missing Student Procedure A disclosure that contact information warning must be issued in response to will be registered and maintained specific crimes, an emergency Section 668.41(a)—Definition of On- confidentially. notification is required in the case of an Campus Student Housing Facility The proposed regulation further immediate threat to the health or safety The proposed regulations in requires an institution to advise of students or employees occurring on § 668.41(a) would add a definition of the students who are under 18 and not campus. The proposed language would term on-campus student housing facility emancipated that if the student is clarify that an institution that follows its to mean a dormitory or other residential missing it will notify a custodial parent emergency notification procedures is facility for students that is located on an or guardian in addition to any contact not required to issue a timely warning institution’s campus. person designated by the student. All based on the same circumstances; The proposed definition would be students must also be advised that, however, the institution must provide added to clarify what is meant by on- regardless of whether they name a adequate follow-up information to the campus student housing facility and to contact person, the institution must community as needed. link the meaning of ‘‘on-campus’’ to the notify the local law enforcement agency We estimate that the proposed existing regulatory definition of campus that the student is missing, unless the regulations will increase burden for in § 668.46(a), which is used for crime local law enforcement was the entity institutions by 1,424 hours in OMB reporting under § 668.46(c). The that determined that the student is Control Number 1845–0022. proposed change is to a definition and missing. does not impact burden. Section 668.46(g)—Emergency Response The proposed regulations reflect the While the current regulations point to and Evacuation Procedures new statutory requirements. These both OMB 1845–0004 and OMB 1845– regulations do not preclude the The proposed regulations outline the 0010, OMB 1845–0010 has recently institution from contacting the student’s elements that an institution must been discontinued. We estimate that contact person or the parent include in its statement of policy there is no change in burden associated immediately upon determination that describing its emergency response and with this section of the regulations as the student has been missing for 24 evacuating procedures in its annual reported under OMB Control Number hours. security report to include the following: 1845–0004. Procedures to immediately notify the We estimate that the proposed campus community upon the Section 668.46(b)—Annual Security regulations will increase burden for confirmation of a significant emergency Report institutions by 2,423 hours for an increase in burden in OMB Control or dangerous situation involving an The proposed regulations in Number 1845–0022. immediate threat occurring on the § 668.46(b) require an institution to campus. include its missing student notification Fire Safety Standards A description of the process that (1) policy and procedures in its annual Section 668.41(e)—Annual Fire Safety confirms that there is a significant security report. This would be required Report emergency or dangerous situation, (2) beginning with the annual security determines the appropriate segment or report distributed by October 1, 2010. The proposed regulations provide that segments of the campus community to We estimate that the proposed institutions that maintain an on-campus receive a notification, (3) determines the regulations will increase burden for student housing facility must distribute content of the notification, and (4) institutions by 456 hours for an increase an annual fire safety report and to create initiates the notification system. in burden in OMB Control Number publication requirements for the annual A statement that the institution will, 1845–0022. fire safety report that are similar to the without delay, and taking into account long-standing rules for the annual the safety of the community, determine Section 668.46(h)—Missing Student security report. the content of the notification and Notification Policy The proposed regulations allow an initiate the notification system, unless The proposed regulation in institution to publish the annual issuing the notification will, in the § 668.46(h) implements the new security report and the annual fire safety

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report together, as long as the title of the for public. These proposed regulations program; A description of the document clearly states that it contains also implement the statutory educational credential offered or both the annual security report and the requirement that an institution make an identified outcome or outcomes annual fire safety report. If an annual report to the campus community established by the institution for all institution chooses to publish the on the fires recorded in the fire log; students enrolled in the program; A reports separately, it would have to however, this requirement may be copy of the letter or notice sent to the include information in each of the two satisfied by the annual fire safety report institution’s accrediting agency reports about how to directly access the described in proposed § 668.49(b). informing the agency of its other report. We estimate that the proposed comprehensive transition and While the current regulations point to regulations will increase burden for postsecondary program; and Any other both OMB 1845–0004 and OMB 1845– institutions by 7,283 hours in OMB information the Department may 0010, OMB 1845–0010 has recently Control Number 1845–NEW3. require. We estimate that the proposed been discontinued. The burden regulations will increase burden for Financial Assistance for Students With associated with the data collection and institutions by 66 hours in OMB Control Intellectual Disabilities reporting for the annual fire safety Number 1845–NEW4. report is reflected in § 668.49 as Section 600.5—Proprietary Institution of Section 668.233—Student Eligibility reported under OMB Control Number Higher Education 1845–NEW3. The proposed regulations in § 668.233 The proposed regulation in provide that a student with intellectual Section 668.49—Annual Fire Safety § 600.5(a)(5)(i)(B)(2)(ii) defines a disabilities enrolled in a comprehensive Report proprietary institution of higher transition and postsecondary program education as one that may have a The proposed regulations define the may be eligible for title IV, HEA comprehensive transition and following terms relevant to the fire program assistance under the Federal postsecondary program as an eligible safety reporting requirements: Cause of Pell grant, FSEOG, and FWS programs program when it is approved by the fire; Fire; Fire drill; Fire-related injury; if: The student is making satisfactory Secretary. The proposed change in the Fire-related death; Fire-safety system; academic program in accordance with definition of an eligible program does and Value of property damage. the institution’s published standards for The proposed regulation requires an not impact burden. students enrolled in the comprehensive institution to report to the public, the While the current regulations in transition and postsecondary program; statistics that it submits to the § 600.5 point to OMB 1840–0098, this and The institution obtains a record Department in its annual fire safety information collection has been from a local educational agency that the report. The institution would have to discontinued and redesignated to 1845– student is or was eligible for FAPE provide data for the three most recent 0012. We estimate that there is no under IDEA. If the FAPE record does not calendar years for which data are change in burden associated with this indicate that the student has an available. The first full report to contain proposed change in the regulations. intellectual disability, the institution the full three years of data would be the Section 668.8—Eligible Program would have to obtain documentation report due on October 1, 2012. The proposed regulations outline the The proposed regulation in § 668.8(n) from another source that identifies the elements that an institution must defines a comprehensive transition and intellectual disability. disclose in its annual fire safety report, postsecondary program as an eligible We estimate that the proposed including: Fire statistics; A description program when it is approved by the regulations will increase burden for of each on-campus student housing Secretary. The proposed change in the institutions by 768 hours in OMB facility fire safety system; The number definition of an eligible program does Control Number 1845–NEW4. of regular, mandatory, supervised fire not impact burden. Section 668.43(a)(7)—Institutional drills held during the previous calendar While the current regulations in Information year; Policies or rules on portable § 668.8 point to OMB 1845–0537, this The proposed regulation changes the electrical appliances, smoking, and collection package has been phrase ‘‘any special facilities and open flames in student housing discontinued; we estimate that there is services’’ to ‘‘the services and facilities,’’ facilities; Procedures for student no change in burden associated with and replaces the phrase ‘‘disabled housing evacuation in the case of a fire; this proposed change in the regulations. students’’ with ‘‘students with Policies on fire safety education and Section 668.232—Program Eligibility disabilities.’’ The proposed changes training programs provided to students, would also clarify that a description of faculty, and staff; A list of the titles of The proposed regulations require an services and facilities for students with each person or organization to which institution that wishes to provide a disabilities must also contain the students and employees should report comprehensive transition and services and facilities available for that a fire has occurred; and Plans for postsecondary program to apply and students with intellectual disabilities. future improvements in fire safety. receive approval from the Secretary. The The proposed regulations specify that proposed regulations outline the We estimate that the proposed an institution that maintains an on- elements that an institution must regulations will increase burden for campus student housing facility must include in its application, including: A institutions by 44 hours in OMB Control maintain a written and easily detailed description of the Number 1845–0022. understood fire log that records, by the comprehensive transition and Federal Work Study Programs date that the fire was reported (as postsecondary program; The policy for opposed to by the date that the fire determining whether a student enrolled Section 675.16—Conforming FWS occurred), any fire that occurred in an in the program is making satisfactory Payment Requirements to the Cash on-campus student housing facility. The academic progress; A statement of the Management Regulations log would have to include the nature, number of weeks of instructional time The proposed regulations in date, time, and general location of each and the number of semester or quarter § 675.16(b)(1)(ii) and (b)(2), amend the fire, and require that the log be available credit hours or clock hours in the FWS regulations in three ways regarding

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the use of current award year FWS We estimate that the proposed institutions by 14,400 hours in OMB funds to pay prior award year charges. regulations will increase burden for Control Number 1845–NEW5. First, the amount of prior award year institutions in OMB Control Number Section 690.67(c)—Special charges that could be paid with current 1845–0083. The Department will submit Circumstances award year FWS funds would increase an 83–C incorporating the changes after to not more than $200. Second, the FWS the final regulations have published. The proposed regulations in provision that allows an institution to § 690.67(c) would provide that a Federal Pell Grant Program pay for prior award year charges of $100 financial aid administrator may waive or more would be removed. Finally, we Two Federal Pell Grants in an Award the requirement that a student complete clarify that the $200 limit applies to all Year the credit or clock hours in the student’s first academic year in the award year title IV, HEA program funds that an Section 690.67(a)—Student Eligibility due to circumstances beyond the institution uses to pay prior-year for a Second Scheduled Award charges. These changes to conform the student’s control. The financial aid FWS payment requirements to the The proposed regulations would administrator would be required to current cash management regulations do amend § 690.67 to provide that a make and document the determination not impact burden. student would be eligible for a second on an individual basis. We estimate that there is no change in Scheduled Award if the student has To the extent that the institution will burden associated with this section of earned in an award year at least the be documenting these special the regulations under OMB Control credit or clock hours of the first circumstances and subsequently Number 1845–0019. academic year of the student’s eligible awarding second Pell grants, the program, and is enrolled as at least a institutions will be reporting the second TEACH Grant Program half-time student in a program leading Pell disbursements via the Common Section 686.41—Period of Suspension to a bachelor’s or associate degree or Origination and Delivery (COD) system, The proposed regulations in § 686.41 other recognized educational credential there will be some additional burden for provide that a TEACH Grant recipient (such as a postsecondary certificate or institutions. who is called or ordered to active diploma), except as provided for We estimate that the proposed military duty (or his or her students with intellectual disabilities. regulations will increase burden for representative) may request a To the extent that the institution will be institutions by 3,429 hours in OMB suspension of the eight-year period in reporting these second scheduled award Control Number 1845–NEW5. increments not to exceed three years. Pell disbursements via the Common Origination and Delivery (COD) system, Section 690.67(d)—Nonapplicable Once the recipient has exceeded the 3- credit or clock hours year suspension period, the recipient (or there will be some additional burden for his or her representative) may request a institutions. The proposed regulation in discharge of all or a portion of his or her We estimate that the proposed § 690.67(d) states that, in determining a teaching service obligation. regulations will increase burden for student’s eligibility for a second We estimate that the proposed institutions by 47,432 hours in OMB Scheduled Award in an award year, an regulations will increase burden for Control Number 1845–NEW5. institution may not use credit or clock hours that the student received based on institutions in OMB Control Number Section 690.67(b)—Transfer Students 1845–0083. The Department will submit Advanced Placement (AP) programs, an 83–C incorporating the changes after The proposed regulations in International Baccalaureate (IB) the final regulations have published. § 690.67(b) would provide that an programs, testing out, life experience, or institution determine the credit or clock similar competency measures. Section 686.42—Discharge of hours that a transfer student has earned To the extent that the institution will Agreement To Serve at a prior institution during the award be making determinations about the The proposed regulations in § 686.42 year based on the Federal Pell Grant applicability of AP, IB, or other non- provide that the recipient may qualify disbursements that the student received applicable courses, institution will for a proportional discharge of his or her at the prior institution during the award subsequently award second Pell grants service obligation based on the number year in relation to the student’s and thereafter report Pell disbursements of years the recipient has been called or Scheduled Award at that prior via the Common Origination and ordered to active military duty. institution. The credit or clock hours Delivery (COD) system, thus there will To obtain the discharge, the recipient that the student would be considered to be some additional reporting burden for (or his or her representative) would be have earned would be in the same institutions. required to provide the Department: proportion to credit or clock hours in We estimate that the proposed A written statement from his or her the current institution’s academic year regulations will increase burden for commanding or personnel officer as the disbursements that the student institutions by 2,032 hours in OMB certifying that the recipient is on active has received at the prior institution in Control Number 1845–NEW5. duty status in the Armed Forces, the the award year are in proportion to the date on which that service began, and student’s Scheduled Award at the prior Section 690.64—Payment Period in Two the date the service is expected to end; institution. Award Years and a copy of his or her official military To the extent that the institution will In this proposed regulation in orders and military identification. be reviewing the transfer records of § 690.64, if a student is enrolled in a The Department would notify a these students and subsequently crossover payment period as a half-time TEACH Grant recipient of the decision reporting second scheduled award Pell or less-than-half-time student, the reached on his or her request for a disbursements via the Common current requirements generally would partial or full discharge of the teaching Origination and Delivery (COD) system, apply. service obligation. The grant recipient there will be some additional burden for If a student is enrolled as a three- would be responsible for fulfilling any institutions. quarter-time or full-time student, an teaching service obligation that is not We estimate that the proposed institution must consider the payment discharged. regulations will increase burden for period to be in the award year in which

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the student would receive the greater zero EFC for purposes of the Federal regulations are published to insure that payment for the payment period based Pell Grant Program if he or she was the forms comport with the finalized on the information available at the time under 24 years old or enrolled in an requirements. The new forms will be that the student’s Federal Pell Grant is institution of higher education at the submitted to OMB for approval under initially calculated. If the institution time of the parent’s or guardian’s death. OMB Control Number 1845–NEW7. subsequently receives information that We estimate that the proposed Section 692.101—Requirements That the student would receive a greater regulations will increase burden for Must Be Met by a State Partnership payment for the payment period by institutions by 48 hours in OMB Control reassigning the payment to the other Number 1845–NEW6. The proposed regulations in award year, the institution would be § 692.101(b)(2) provide that a degree- required to reassign the payment to the Part 692 Leveraging Educational granting institution of higher education award year providing the greater Assistance Partnership Program that is in a partnership under the GAP payment. Section 692.21(k)—Notification to Program must recruit, admit, and A student may request that the Students of LEAP Grant Funding provide institutional grant aid to institution place the payment period in Sources participating eligible students as agreed the award year that can be expected to to with the State agency. The proposed regulations require that result in the student receiving a greater The implementation of the proposed the State program notify eligible amount of Federal Pell Grants over the regulations for the changes to LEAP and students that grants under the LEAP two award years in which the payment the introduction of the GAP program Grant Program are (1) LEAP Grants and period is scheduled to occur. If the will increase burden to States. We (2) are funded by the Federal student makes that request, the estimate that the burden in these Government, the State, and, where institution must assign the payment proposed regulations will be associated applicable, other contributing partners. period to that award year. with the application and performance To the extent that the institution will The implementation of the proposed report forms under development. These be reviewing enrollment status in each regulations for the changes to LEAP and forms will be developed after the final of the two award years and making the introduction of the GAP program regulations are published to insure that determinations about which award year will increase burden to States. We the forms comport with the finalized must be used and subsequently estimate that the burden in these requirements. The new forms will be reporting these second scheduled award proposed regulations will be associated submitted to OMB for approval under Pell disbursements via the Common with the application and performance OMB Control Number 1845–NEW7. Origination and Delivery (COD) system, report forms under development. These forms will be developed after the final Section 692.111—Purposes for Which a there will be some additional burden for State May Use Its GAP Grant institutions. regulations are published to insure that We estimate that the proposed the forms comport with the finalized The proposed regulations in § 692.111 regulations will increase burden for requirements. The new forms will be provide that each State receiving an institutions by 33,881 hours in OMB submitted to OMB for approval under allotment shall annually notify Control Number 1845–NEW5. OMB Control Number 1845–NEW7. potentially eligible students in grades 7 through 12 in the State, and their Section 692.100—Requirements a State Section 690.63(h)—Payment From Two families, of their potential eligibility for Must Meet To Receive GAP Funds Scheduled Awards student financial assistance, including a Under the proposed regulations in The proposed regulations in § 692.100 LEAP Grant under GAP, to attend a § 690.63(h), if a student is eligible for describe the requirements that a State LEAP-participating institution of higher the remaining portion of a first must meet to receive an allotment under education. Scheduled Award in an award year and this program including submitting an The notice shall include information for a payment from the second application on behalf of a partnership about early information and Scheduled Award, the student’s and serving as the primary intervention, mentoring, or outreach payment would be calculated using the administrative unit of the partnership. programs available to the student. The annual award for his or her enrollment Under proposed § 692.100(a)(6), a State notice shall provide a nonbinding status for the payment period. The must include in its application the steps estimate of the total amount of financial student’s payment would be the it plans to take to ensure, to the extent aid that an eligible student with a remaining amount of the first Scheduled practicable, that students who receive a similar income level may expect to Award being completed plus an amount LEAP Grant under GAP would persist to receive, including an estimate of the from the second Scheduled Award in degree completion. amount of a LEAP Grant under GAP and the award year up to the total amount Under proposed § 692.100(a)(8) a an estimate of the amount of grants, of the payment for the payment period. State GAP Program is required to notify loans, and all other available types of We estimate that the proposed eligible students that the grants they aid from the major Federal and State regulations will increase burden for receive under GAP are LEAP Grants and financial aid programs. The proposed institutions by 8,471 hours in OMB that the grants are funded by the Federal notice will also include any additional Control Number 1845–NEW5. Government, the State and where requirements that the State may require applicable, other contributing partners. for receipt of a LEAP Grant under GAP. Section 690.75(e)—Maximum Pell Grant The implementation of the proposed The implementation of the proposed for Children of Soldiers regulations for the changes to LEAP and regulations for the changes to LEAP and Under the proposed regulation in the introduction of the GAP program the introduction of the GAP program § 690.75(e), a student whose parent or will increase burden to States. We will increase burden to States. We guardian was a member of the Armed estimate that the burden in these estimate that the burden in these Forces of the United States and died as proposed regulations will be associated proposed regulations will be associated a result of performing military service in with the application and performance with the application and performance Iraq or Afghanistan after September 11, report forms under development. These report forms under development. These 2001, would automatically receive a forms will be developed after the final forms will be developed after the final

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regulations are published to insure that Consistent with the discussion above, collections that the Department will the forms comport with the finalized the following chart describes the submit to the Office of Management and requirements. The new forms will be sections of the proposed regulations Budget for approval and public submitted to OMB for approval under involving information collections, the comment under the Paperwork and OMB Control Number 1845–NEW7. information being collected, and the Reduction Act.

Regulatory section Information section Collection

668.14(b)(31) ...... Providing that an institution that conducts a teach- OMB 1845–0022. There will be an increase in bur- out at a site of a closed institution may, under den of 160 hours. certain conditions, establish that site as an addi- tional location (see sections 487(f) and 498 of the HEA). 668.18 ...... Establishing requirements under which an institu- OMB 1845–NEW1. There will be a new collection. tion must readmit servicemembers to the same A separate 60-day Federal Register notice will academic status they had when they last at- be published to solicit comments. There will be tended the institution (see section 484C of the an increase in burden of 1,513 hours. HEA). 668.23(d)(4) ...... Adds new requirements to include in the audited OMB 1845–0038. There will be an increase in bur- financial statement footnote the non-Federal and den of 165 hours. Federal revenue that was included in the 90/10 calculation. 668.28 ...... Establishing new requirements for determining OMB 1845–NEW2. how proprietary institutions calculate the amount There will be a new collection. A separate 60-day and percent of revenue derived from sources Federal Register notice will be published to so- other than title IV, HEA program funds (see sec- licit comments. There will be an increase in bur- tion 487(d) of the HEA). den of 3,088 hours. 668.43(a)(5)(iv) ...... Expanding the information that an institution must OMB 1845–0022. There will be an increase in bur- make available to prospective and enrolled stu- den of 968 hours. dents to include a description of any plans the institution has to improve its academic program (see section 485(a) of the HEA). 668.14(b)(30), 668.43(a)(10) ...... Providing that an institution must certify that it has OMB 1845–0022. There will be an increase in bur- plans to effectively combat unauthorized dis- den of 92,544 hours. tribution of copyrighted material and will offer al- ternatives to illegal downloading or peer-to-peer distribution of intellectual property (see sections 485(a)(1) and 487(a) of the HEA). 668.41 ...... Expanding the information that institutions must OMB 1845–0004. There will be an increase in bur- make available to prospective and enrolled stu- den of 8,541 hours. dents to include information on: the employment and placement of students, and the retention rates of first-time, full-time undergraduate stu- dents. 668.45 ...... Expanding the information that institutions must OMB 1845–0004. There will be an increase in bur- make available to prospective students to in- den of 7,488 hours. clude completion and graduation rate data that is disaggregated by gender, race, and grant or loan assistance (see section 485(a) of the HEA). 668.46(c)(3), (e), (g) ...... Expanding the list of crimes that institutions must OMB 1845–0022. There will be an increase in bur- include in the hate crimes statistics reported to den of 18,509 hours. the Department. Requiring institutions to include in the annual security report a statement of emergency response and evacuation proce- dures (see section 485(f) of the HEA). 668.41(a) ...... Requiring institutions that provide on-campus OMB 1845–0004. There is no change in burden housing facilities to develop and make available associated with this section of the proposed reg- a missing student notification policy and allow ulations. students who reside on campus to confidentially register contact information (see section 485(j) of the HEA). 668.46(b), (h)...... Requiring institutions that provide on-campus OMB 1845–0022. There will be an increase in bur- housing facilities to develop and make available den of 2,879 hours. a missing student notification policy and allow students who reside on campus to confidentially register contact information (see section 485(j) of the HEA). 668.41(e) ...... Establishing requirements for institutions that OMB 1845–0004. There is no change in burden maintain on-campus housing facilities to publish associated with this section of the proposed reg- annually a fire safety report, maintain a fire log, ulations. and report fire statistics to the Department (see section 485(i) of the HEA).

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Regulatory section Information section Collection

668.49 ...... Establishing requirements for institutions that OMB 1845–NEW3. There will be a new collection. maintain on-campus housing facilities to publish A separate 60-day Federal Register notice will annually a fire safety report, maintain a fire log, be published to solicit comments. There will be and report fire statistics to the Department (see an increase in burden of 7,283 hours. section 485(i) of the HEA). 668.232 ...... Expanding the eligibility for Federal Pell Grant, OMB 1845–NEW4. There will be a new collection. FWS, and FSEOG Program funds to students A separate 60-day Federal Register notice will with intellectual disabilities (see sections 484(s) be published to solicit comments. There will be and 760 of the HEA). an increase in burden of 66 hours. 668.233 ...... Expanding the eligibility for Federal Pell Grant, OMB 1845–NEW4. There will be a new collection. FWS, and FSEOG Program funds to students A separate 60-day Federal Register notice will with intellectual disabilities (see sections 484(s) be published to solicit comments. There will be and 760 of the HEA). an increase in burden of 768 hours. 688.43(a)(7) ...... Requires that institutions report a description of OMB 1845–0022. There will be an increase in bur- services and facilities for students with intellec- den of 44 hours. tual disabilities. 686.41, 686.42...... Establishing extenuating circumstances under OMB 1845–0083. Changes will be incorporated which a TEACH Grant recipient may be ex- into the Agreement to Serve form. cused from fulfilling all or part of his or her serv- ice obligation (see section 420N(d)(2) of the HEA). 690.67, 690.64, 690.63(h) ...... Establishing requirements under which students OMB 1845–NEW5. There will be a new collection. may receive up to two Federal Pell Grant A separate 60-day Federal Register notice will Scheduled Awards during a single award year be published to solicit comments. There will be (see section 401(b)(5)(A) of the HEA). an increase in burden of 109,645 hours. 690.75(e) ...... Providing the maximum Federal Pell Grant eligi- OMB 1845–NEW6. There will be a new collection. bility to a student whose parent was in the A separate 60-day Federal Register notice will armed forces and died in Iraq or Afghanistan if be published to solicit comments. There will be the student was under 24 years old or enrolled an increase in burden of 48 hours. in an institution of higher education at the time the parent died (see section 401(F)(4) of the HEA). 692.21, 692.100, 692.101, 692.111 ..... Requiring the State program to notify students that OMB 1845–NEW7. There will be a new collection. grants are LEAP Grants that are funded by the A separate 60-day Federal Register notice will Federal Government, the State, and for LEAP be published to solicit comments. Grants to students under the new Grants for Ac- cess and Persistence (GAP) Program, other contributing partners (see section 415C(b) of the HEA). Establishing the activities, awards, allot- ments to States, matching funds requirements, consumer information requirements, application requirements, and other requirements needed to begin and continue participating in the GAP Pro- gram (see sections 415B and 415E of the HEA).

If you want to comment on the • Enhancing the quality, usefulness, Intergovernmental Review proposed information collection and clarity of the information we These programs are not subject to requirements, please send your collect; and Executive Order 12372 and the comments to the Office of Information • Minimizing the burden on those regulations in 34 CFR part 79. and Regulatory Affairs, OMB, Attention: who must respond. This includes Assessment of Educational Impact Desk Officer for U.S. Department of exploring the use of appropriate Education. Send these comments by In accordance with section 411 of the _ automated, electronic, mechanical, or e-mail to OIRA [email protected] other technological collection General Education Provisions Act, 20 or by fax to (202) 395–6974. You may techniques or other forms of information U.S.C. 1221e–4, the Secretary also send a copy of these comments to technology; e.g., permitting electronic particularly requests comments on the Department contact named in the submission of responses. whether these proposed regulations ADDRESSES section of this preamble. would require transmission of OMB is required to make a decision information that any other agency or We consider your comments on these concerning the collections of proposed collections of information in— authority of the United States gathers or information contained in these makes available. • Deciding whether the proposed proposed regulations between 30 and 60 collections are necessary for the proper days after publication of this document Electronic Access to This Document performance of our functions, including in the Federal Register. Therefore, to You may view this document, as well whether the information will have ensure that OMB gives your comments as all other Department of Education practical use; full consideration, it is important that documents published in the Federal • Evaluating the accuracy of our OMB receives the comments within 30 Register, in text or Adobe Portable estimate of the burden of the proposed days of publication. This does not affect Document Format (PDF) on the Internet collections, including the validity of our the deadline for your comments to us on at the following site: http://www.ed.gov/ methodology and assumptions; the proposed regulations. news/fedregister.

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To use PDF you must have Adobe and 692 of title 34 of the Code of students for gainful employment in a Acrobat Reader, which is available free Federal Regulations as follows: recognized occupation; and at this site. If you have questions about (ii) May provide a comprehensive using PDF, call the U.S. Government PART 600—INSTITUTIONAL transition and postsecondary program, Printing Office (GPO), toll free, at 1– ELIGIBILITY UNDER THE HIGHER as described in 34 CFR part 668, subpart 888–293–6498; or in the Washington, EDUCATION ACT OF 1965, AS O; and DC, area at (202) 512–1530. AMENDED * * * * * Note: The official version of this document 1. The authority citation for part 600 (Authority: 20 U.S.C. 1091, 1094, 1099b, is the document published in the Federal continues to read as follows: 1141(a)) Register. Free Internet access to the official edition of the Federal Register and the Code Authority: 20 U.S.C. 1001, 1002, 1003, 4. Section 600.5 is amended by: of Federal Regulations is available on GPO 1088, 1091, 1094, 1099b, and 1099c, unless A. Revising paragraph (a)(5). Access at: http://www.gpoaccess.gov/nara/ otherwise noted. B. In paragraph (a)(6), adding the index.html. 2. Section 600.2 is amended by: word ‘‘and’’ after the punctuation ‘‘;’’. A. Revising paragraph (1)(i) of the C. In paragraph (a)(7), removing the (Catalog of Federal Domestic Assistance word ‘‘; and’’ and adding, in its place, Numbers: 84.063 Federal Pell Grant Program; definition of educational program. 84.033 Federal Work-Study Program; 84.379 B. Adding, in alphabetical order, a the punctuation ‘‘.’’. TEACH Grant Program; 84.069 LEAP) definition for teach-out plan. D. Removing paragraph (a)(8). C. Revising the authority citation at E. Removing paragraphs (d) through List of Subjects the end of the section. (g). 34 CFR Part 600 The revisions and addition read as F. Redesignating paragraph (h) as follows: paragraph (d). Colleges and universities, Foreign G. Adding a new paragraph (e). relations, Grant programs-education, § 600.2 Definitions. H. Revising the OMB control number Loan programs-education, Reporting * * * * * and authority citation at the end of the and recordkeeping requirements, Educational program: (1) * * * section. Student aid, Vocational education. (i) Leads to an academic, professional, The revisions and addition read as 34 CFR Part 668 or vocational degree, or certificate, or follows: other recognized educational credential, Administrative practice and § 600.5 Proprietary institution of higher or is a comprehensive transition and procedure, Aliens, Colleges and education. postsecondary program, as described in universities, Consumer protection, (a) * * * 34 CFR part 668, subpart O; and Grant programs-education, Loan (5)(i)(A) Provides an eligible program programs-education, Reporting and * * * * * of training, as defined in 34 CFR 668.8, recordkeeping requirements, Selective Teach-out plan: A written plan to prepare students for gainful Service System, Student aid, Vocational developed by an institution that employment in a recognized education. provides for the equitable treatment of occupation; or students if an institution, or an (B)(1) Provides a program leading to a 34 CFR Part 675 institutional location that provides 100 baccalaureate degree in liberal arts, as Colleges and universities, percent of at least one program, ceases defined in paragraph (e) of this section, Employment, Grant programs- to operate before all students have and has provided that program since education, Reporting and recordkeeping completed their program of study, and January 1, 2009; and requirements, Student aid. may include, if required by the (2) Is accredited by a recognized institution’s accrediting agency, a teach- 34 CFR Part 686 regional accrediting agency or out agreement between institutions. association, and has continuously held Administrative practice and * * * * * such accreditation since October 1, procedure, Colleges and universities, 2007, or earlier; and Education, Elementary and secondary (Authority: 20 U.S.C. 1071 et seq., 1078–2, 1088, 1091, 1094, 1099b, 1099c, 1141; 26 (ii) May provide a comprehensive education, Grant programs-education, U.S.C. 501(c)) transition and postsecondary program Reporting and recordkeeping for students with intellectual 3. Section 600.4 is amended by: requirements, Student aid. disabilities, as provided in 34 CFR part A. Revising paragraph (a)(4). 34 CFR Part 690 B. Revising the authority citation at 668, subpart O; Colleges and universities, Education the end of the section. * * * * * of disadvantaged, Grant programs- The revisions read as follows: (e) For purposes of this section, a ‘‘program leading to a baccalaureate education, Reporting and recordkeeping § 600.4 Institution of higher education. requirements, Student aid. degree in liberal arts’’ is a program that (a) * * * the institution’s recognized regional 34 CFR Part 692 (4)(i) Provides an educational accreditation agency or organization Colleges and universities, Grant program— determines, is a general instructional programs-education, Reporting and (A) For which it awards an associate, program in the liberal arts subjects, the recordkeeping requirements, Student baccalaureate, graduate, or professional humanities disciplines, or the general aid. degree; curriculum, falling within one or more (B) That is at least a two-academic- of the following generally-accepted Dated: July 30, 2009. year program acceptable for full credit instructional categories comprising such Arne Duncan, toward a baccalaureate degree; or programs, but including only Secretary of Education. (C) That is at least a one-academic- instruction in regular programs, and For the reasons discussed in the year training program that leads to a excluding independently-designed preamble, the Secretary proposes to certificate, degree, or other recognized programs, individualized programs, and amend parts 600, 668, 675, 686, 690, educational credential and prepares unstructured studies:

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(1) A program that is a structured taken by the Secretary under 34 CFR 9. Section 668.13(c) is revised to read combination of the arts, biological and 668.83; and as follows: physical sciences, social sciences, and (ii) The teach-out plan required under humanities, emphasizing breadth of 34 CFR 668.14(b)(31) is approved by the § 668.13 Certification procedures. study. closed institution’s accrediting agency. * * * * * (2) An undifferentiated program that (2)(i) An institution that conducts a (c) Provisional certification. (1)(i) The includes instruction in the general arts teach-out and is approved to add an Secretary may provisionally certify an or general science. additional location described in institution if— (3) A program that focuses on paragraph (d)(1) of this section— (A) The institution seeks initial combined studies and research in the (A) Does not have to meet the two- participation in a Title IV, HEA humanities subjects as distinguished year requirement of § 600.5(a)(7) or program; from the social and physical sciences, § 600.6(a)(6) for the additional location (B) The institution is an eligible emphasizing languages, literatures, art, described in paragraph (d)(1) of this institution that has undergone a change music, philosophy, and religion. section; in ownership that results in a change in (4) Any single instructional program (B) Is not responsible for any control according to the provisions of 34 in liberal arts and sciences, general liabilities of the closed institution as CFR part 600; studies, and humanities not listed in provided under paragraphs (c)(1) and (C) The institution is a participating paragraph (e)(1) through (e)(3) of this (c)(2) of this section if the institutions institution— section. are not related parties and there is no (1) That is applying for a certification commonality of ownership or that the institution meets the standards (Approved by the Office of Management and management between the institutions, of this subpart; Budget under control number 1845–0012) as described in 34 CFR 668.188(b) and (2) That the Secretary determines has (Authority: 20 U.S.C. 1088, 1091) 34 CFR 668.207(b); and jeopardized its ability to perform its 5. Section 600.6 is amended by: (C) Will not have the default rate of financial responsibilities by not meeting A. Revising paragraph (a)(4). the closed institution included in the the factors of financial responsibility B. Revising the authority citation at calculation of its default rate, as would under § 668.15 or the standards of the end of the section. otherwise be required under 34 CFR administrative capability under The revisions read as follows: 668.184 and 34 CFR 668.203, if the § 668.16; and institutions are not related parties and (3) Whose participation has been § 600.6 Postsecondary vocational there is no commonality of ownership limited or suspended under subpart G of institution. or management between the this part, or voluntarily enters into (a) * * * institutions, as described in 34 CFR provisional certification; (4)(i) Provides an eligible program of 668.188(b) and 34 CFR 668.207(b). (D) The institution seeks a renewal of training, as defined in 34 CFR 668.8, to (ii) As a condition for approving an participation in a title IV, HEA program prepare students for gainful additional location under paragraph after the expiration of a prior period of employment in a recognized (d)(1) of this section, the Secretary may participation in that program; or occupation; and require that payments from the (E) The institution is a participating (ii) May provide a comprehensive institution conducting the teach-out to institution that was accredited or transition and postsecondary program the owners or related parties of the preaccredited by a nationally recognized for students with intellectual closed institution, are used to satisfy accrediting agency on the day before the disabilities, as provided in 34 CFR part any liabilities owed by the closed Secretary withdrew the Secretary’s 668, subpart O; institution. recognition of that agency according to * * * * * * * * * * the provisions contained in 34 CFR part (Authority: 20 U.S.C. 1088, 1099c, 1141) 603. (Authority: 20 U.S.C. 1088, 1091, 1094(c)(3)) (ii) A proprietary institution’s 6. Section 600.32 is amended by: PART 668—STUDENT ASSISTANCE certification automatically becomes A. In paragraph (a), removing the GENERAL PROVISIONS provisional if it does not derive at least words ‘‘(b) and (c)’’ and adding, in their 10 percent of its revenue for any fiscal place, the words ‘‘(b), (c), and (d)’’. 7. The authority citation for part 668 year from sources other than title IV, B. Redesignating paragraph (d) as continues to read as follows: HEA program funds, as required under paragraph (e). Authority: 20 U.S.C. 1001, 1002, 1003, § 668.14(b)(16). C. Adding a new paragraph (d). 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, * * * * * D. Revising the authority citation at and 1099c-1, unless otherwise noted. 10. Section 668.14 is amended by: the end of the section. 8. Section 668.8 is amended by: A. Adding paragraph (b)(16). The addition and revision read as A. Revising paragraph (n). B. In paragraph (b)(25)(ii), removing follows: B. Removing the OMB control number the word ‘‘and’’ that appears after the at the end of the section. § 600.32 Eligibility of additional locations. punctuation ‘‘;’’. The revision reads as follows: C. Adding paragraph (b)(30). * * * * * § 668.8 Eligible program. D. Adding paragraph (b)(31). (d)(1) An institution that conducts a E. Revising the OMB control number teach-out at a site of a closed institution * * * * * at the end of the section. may apply to have that site approved as (n) For title IV, HEA program The additions and revision read as an additional location if— purposes, eligible program includes a follows: (i) The closed institution ceased direct assessment program approved by operations as result of an action taken the Secretary under § 668.10 and a § 668.14 Program participation agreement. by the Secretary to limit, suspend, or comprehensive transition and * * * * * terminate the institution’s participation postsecondary program approved by the (b) * * * under § 600.41 or subpart G of this part, Secretary under § 668.232. (16) For a proprietary institution, the or as a result of an emergency action * * * * * institution will derive at least 10

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percent of its revenues for each fiscal (ii) The institution’s accrediting admission at a different enrollment year from sources other than title IV, agency acts to withdraw, terminate, or status; HEA program funds, as provided in suspend the accreditation or (C) With the same number of credit § 668.28(a) and (b), or be subject to preaccreditation of the institution. hours or clock hours completed sanctions described in § 668.28(c); (iii) The institution’s State licensing previously by the student, unless the * * * * * or authorizing agency revokes the student is readmitted to a different (30) The institution— institution’s license or legal program to which the completed credit (i) Has developed and implemented authorization to provide an educational hours or clock hours are not written plans to effectively combat the program. transferable; unauthorized distribution of (iv) The institution intends to close a (D) With the same academic standing copyrighted material by users of the location that provides 100 percent of at (e.g., with the same satisfactory institution’s network, without unduly least one program. academic progress status) the student interfering with educational and (v) The institution otherwise intends previously had; research use of the network, that to cease operations. (E)(1) If the student is readmitted to the same program, for the first academic include— * * * * * (A) The use of one or more (Approved by the Office of Management and year in which the student returns, technology-based deterrents; Budget under control number 1845–0022) assessing the same institutional charges (B) Mechanisms for educating and that the student was or would have been * * * * * informing its community about assessed for the academic year during 11. Section 668.18 is added to subpart appropriate versus inappropriate use of which the student left the institution; or B of part 668 to read as follows: copyrighted material, including that (2) If the student is admitted to a described in § 668.43(a)(10); § 668.18 Readmission requirements for different program, and for subsequent (C) Procedures for handling servicemembers. academic years for a student admitted to unauthorized distribution of (a) General. (1) An institution may not the same program, assessing no more copyrighted material, including deny readmission to a person who is a than the institutional charges that other disciplinary procedures; and member of, applies to be a member of, students in the program are assessed for (D) Procedures for periodically performs, has performed, applies to that academic year; and reviewing the effectiveness of the plans perform, or has an obligation to perform, (F) Waiving charges for equipment to combat the unauthorized distribution service in the uniformed services on the required in lieu of equipment the of copyrighted materials by users of the basis of that membership, application student paid for when the student was institution’s network using relevant for membership, performance of service, previously enrolled. (iv)(A) If the institution determines assessment criteria. No particular application for service, or obligation to that the student is not prepared to technology measures are favored or perform service. resume the program with the same required for inclusion in an institution’s (2)(i) An institution must promptly academic status at the point where the plans, and each institution retains the readmit to the institution a person student left off, or will not be able to authority to determine what its described in paragraph (a)(1) of this complete the program, the institution particular plans for compliance with section with the same academic status must make reasonable efforts to help the paragraph (b)(30) of this section will be, as the student had when the student last student become prepared or to enable including those that prohibit content attended the institution or was last the student to complete the program monitoring; and admitted to the institution, but did not (ii) Will, in consultation with the including, but not limited to, providing begin attendance because of that chief technology officer or other refresher courses at no extra cost and membership, application for designated officer of the institution— allowing the student to retake a pretest membership, performance of service, (A) Periodically review the legal at no extra cost. alternatives for downloading or application for service, or obligation to (B) The institution is not required to otherwise acquiring copyrighted perform service. readmit the student on his or her return material; (ii) ‘‘Promptly readmit’’ means that if— (B) Make available the results of the the institution must readmit the student (1) After reasonable efforts by the review in paragraph (b)(30)(ii)(A) of this into the next class or classes in the institution, the institution determines section to its students through a Web student’s program beginning after the that the student is not prepared to site or other means; and student provides notice of his or her resume the program at the point where (C) To the extent practicable, offer intent to reenroll, unless the student he or she left off; legal alternatives for downloading or requests a later date of readmission or (2) After reasonable efforts by the otherwise acquiring copyrighted unusual circumstances require the institution, the institution determines material, as determined by the institution to admit the student at a later that the student is unable to complete institution; and date. the program; or (31) The institution will submit a (iii) To readmit a person with the (3) The institution determines that teach-out plan to its accrediting agency ‘‘same academic status’’ means that the there are no reasonable efforts the in compliance with 34 CFR 602.24(c), institution admits the student— institution can take to prepare the and the standards of the institution’s (A) To the same program to which he student to resume the program at the accrediting agency upon the occurrence or she was last admitted by the point where he or she left off or to of any of the following events: institution or, if that exact program is no enable the student to complete the (i) The Secretary initiates the longer offered, the program that is most program; limitation, suspension, or termination of similar to that program, unless the (C)(1) ‘‘Reasonable efforts’’ means the participation of an institution in any student requests or agrees to admission actions that do not place an undue title IV, HEA program under 34 CFR to a different program; hardship on the institution. 600.41 or subpart G of this part or (B) At the same enrollment status that (2) ‘‘Undue hardship’’ means an initiates an emergency action under the student last held at the institution, action requiring significant difficulty or § 668.83. unless the student requests or agrees to expense.

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(D) The institution carries the burden (B) For a student who is hospitalized (2) During which the student was to prove by a preponderance of the for or convalescing from an illness or unable to obtain orders releasing the evidence that the student is not injury incurred in or aggravated during student from a period of service in the prepared to resume the program with the performance of service in the uniformed services before the expiration the same academic status at the point uniformed services, two years after the of the five-year period and such where the student left off, or that the end of the period that is necessary for inability was through no fault of the student will not be able to complete the recovery from such illness or injury. student; or program. (2)(i) An institution must designate (3) Performed by a member of the (3) This section applies to an one or more offices at the institution Armed Forces (including the National institution that has continued in that a student may contact to provide Guard and Reserves) who is— operation since the student ceased notification of service required by (i) Ordered to or retained on active attending or was last admitted to the paragraph (c)(1)(i) of this section and duty under— institution but did not begin attendance, notification of intent to return required (A) 10 U.S.C. 688 (involuntary active notwithstanding any changes of by paragraph (c)(1)(iii) of this section. duty by a military retiree); ownership of the institution since the (ii) An institution may not require (B) 10 U.S.C. 12301(a) (involuntary student ceased attendance. that the notice provided by the student active duty in wartime); (4) The requirements of this section under paragraph (c)(1)(i) or (c)(1)(iii) of (C) 10 U.S.C. 12301(g) (retention on supersede any State law (including any this section follow any particular active duty while in captive status); local law or ordinance), contract, format. (D) 10 U.S.C. 12302 (involuntary agreement, policy, plan, practice, or (iii) The notice provided by the active duty during a national emergency other matter that reduces, limits, or student under paragraph (c)(1)(i) of this for up to 24 months); eliminates in any manner any right or section— (E) 10 U.S.C. 12304 (involuntary benefit provided by this section. (A) May not be subject to any rule for active duty for an operational mission (b) Service in the uniformed services. timeliness; timeliness must be for up to 270 days); (F) 10 U.S.C. 12305 (involuntary For purposes of this section, service in determined by the facts in any retention on active duty of a critical the uniformed services means service, particular case; and person during time of crisis or other whether voluntary or involuntary, in the (B) Does not need to indicate whether specific conditions); Armed Forces, including service by a the student intends to return to the (G) 14 U.S.C. 331 (involuntary active member of the National Guard or institution. duty by retired Coast Guard officer); Reserve, on active duty, active duty for (iv) For purposes of paragraph (c)(1)(i) (H) 14 U.S.C. 332 (voluntary active training, or full-time National Guard of this section, an ‘‘appropriate officer’’ duty by retired Coast Guard officer); duty under Federal authority, for a is a commissioned, warrant, or (I) 14 U.S.C. 359 (involuntary active period of more than 30 consecutive days noncommissioned officer authorized to duty by retired Coast Guard enlisted under a call or order to active duty of give such notice by the military service member); more than 30 consecutive days. concerned. (J) 14 U.S.C. 360 (voluntary active (c) Readmission procedures. (1) Any (d) Exceptions to advance notice. (1) duty by retired Coast Guard enlisted student whose absence from an No notice is required under paragraph member); institution is necessitated by reason of (c)(1)(i) of this section if the giving of (K) 14 U.S.C. 367 (involuntary service in the uniformed services shall such notice is precluded by military retention of Coast Guard enlisted be entitled to readmission to the necessity, such as— member on active duty); or institution if— (i) A mission, operation, exercise, or (L) 14 U.S.C. 712 (involuntary active (i) Except as provided in paragraph requirement that is classified; or duty by Coast Guard Reserve member (d) of this section, the student (or an (ii) A pending or ongoing mission, for natural or man-made disasters); appropriate officer of the Armed Forces operation, exercise, or requirement that (ii) Ordered to or retained on active or official of the Department of Defense) may be compromised or otherwise duty (other than for training) under any gives advance oral or written notice of adversely affected by public knowledge. provision of law because of a war or such service to an office designated by (2) Any student (or an appropriate national emergency declared by the the institution, and provides such notice officer of the Armed Forces or official of President or the Congress, as as far in advance as is reasonable under the Department of Defense) who did not determined by the Secretary concerned; the circumstances; give advance written or oral notice of (iii) Ordered to active duty (other than (ii) The cumulative length of the service to the appropriate official at the for training) in support, as determined absence and of all previous absences institution in accordance with by the Secretary concerned, of an from that institution by reason of service paragraph (c)(1) of this section may operational mission for which personnel in the uniformed services, including meet the notice requirement by have been ordered to active duty under only the time the student spends submitting, at the time the student seeks section 12304 of title 10, United States actually performing service in the readmission, an attestation to the Code; uniformed services, does not exceed five institution that the student performed (iv) Ordered to active duty in support, years; and service in the uniformed services that as determined by the Secretary (iii) Except as provided in paragraph necessitated the student’s absence from concerned, of a critical mission or (f) of this section, the student gives oral the institution. requirement of the Armed Forces or written notice of his or her intent to (e) Cumulative length of absence. For (including the National Guard or return to an office designated by the purposes of paragraph (c)(1)(ii) of this Reserve); or institution— section, a student’s cumulative length of (v) Called into Federal service as a (A) For a student who completes a absence from an institution does not member of the National Guard under period of service in the uniformed include any service— chapter 15 of title 10, United States services, not later than three years after (1) That is required, beyond five Code, or section 12406 of title 10, the completion of the period of service; years, to complete an initial period of United States Code (i.e., called to or obligated service; respond to an invasion, danger of

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invasion, rebellion, danger of rebellion, terminates upon the occurrence of any (3) Revenue generated from programs insurrection, or the inability of the of the following events: and activities. The institution must President with regular forces to execute (1) A separation of such person from consider as revenue only those funds it the laws of the United States). the Armed Forces (including the generates from— (f) Notification of intent to reenroll. A National Guard and Reserves) with a (i) Tuition, fees, and other student who fails to apply for dishonorable or bad conduct discharge. institutional charges for students readmission within the periods (2) A dismissal of a commissioned enrolled in eligible programs as defined described in paragraph (c)(1)(iii) of this officer permitted under section 1161(a) in § 668.8; section does not automatically forfeit of title 10, United States Code by (ii) Activities conducted by the eligibility for readmission to the sentence of a general court-martial; in institution that are necessary for the institution, but is subject to the commutation of a sentence of a general education and training of its students institution’s established leave of court-martial; or, in time of war, by provided those activities are— absence policy and general practices. order of the President. (A) Conducted on campus or at a (g) Documentation. (1) A student who (3) A dropping of a commissioned facility under the institution’s control; submits an application for readmission officer from the rolls pursuant to section (B) Performed under the supervision to an institution under paragraph 1161(b) of title 10, United States Code of a member of the institution’s faculty; (c)(1)(iii) of this section shall provide to due to absence without authority for at and the institution documentation to least three months; separation by reason (C) Required to be performed by all establish that— of a sentence to confinement adjudged students in a specific educational (i) The student has not exceeded the by a court-martial; or, a sentence to program at the institution; and service limitation in paragraph (c)(1)(ii) confinement in a Federal or State (iii) Funds paid by a student, or on of this section; and penitentiary or correctional institution. behalf of a student by a party other than (ii) The student’s eligibility for (Approved by the Office of Management and the institution, for an education or readmission has not been terminated Budget under control number 1845–NEW1) training program that is not eligible due to an exception in paragraph (h) of Authority: under § 668.8 if the program— this section. 20 U.S.C. 1088 et seq.) (A) Is approved or licensed by the (2)(i) Documents that satisfy the appropriate State agency; requirements of paragraph (g)(1) of this 12. In 668.23, revise paragraph (d)(4) (B) Is accredited by an accrediting section include, but are not limited to, to read as follows: agency recognized by the Secretary the following: § 668.23 Compliance audits and audited under 34 CFR part 602; (A) DD (Department of Defense) 214 financial statements. (C) Provides an industry-recognized Certificate of Release or Discharge from * * * * * credential or certification, or prepares Active Duty. (d) * * * students to take an examination for an (B) Copy of duty orders prepared by (4) Disclosure of title IV, HEA industry-recognized credential or the facility where the orders were program revenue. A proprietary certification issued by an independent fulfilled carrying an endorsement institution must disclose in a footnote to third party; indicating completion of the described its financial statement audit the (D) Provides training needed for service. percentage of its revenues derived from students to maintain State licensing (C) Letter from the commanding the title IV, HEA program funds that the requirements; or officer of a Personnel Support Activity institution received during the fiscal (E) Provides training needed for or someone of comparable authority. year covered by that audit. The revenue students to meet additional licensing (D) Certificate of completion from percentage must be calculated in requirements for specialized training for military training school. accordance with § 668.28. The practitioners that already meet the (E) Discharge certificate showing institution must also report in the general licensing requirements in that character of service. footnote the non-Federal and Federal field. (F) Copy of extracts from payroll revenue by source that was included in (4) Application of funds. The documents showing periods of service. the 90/10 calculation. institution must presume that any title (G) Letter from National Disaster * * * * * IV, HEA program funds it disburses, or Medical System (NDMS) Team Leader 13. Section 668.28 is added to subpart delivers, to or on behalf of a student will or Administrative Officer verifying dates B of part 668 to read as follows: be used to pay the student’s tuition, and times of NDMS training or Federal fees, or institutional charges, regardless activation. § 668.28 Non-title IV revenue (90/10). of whether the institution credits the (ii) The types of documents that are (a) General. (1) Calculating the funds to the student’s account or pays necessary to establish eligibility for revenue percentage. A proprietary the funds directly to the student, except readmission will vary from case to case. institution determines whether it to the extent that the student’s tuition, Not all of these documents are available satisfies the requirement in fees, or other charges are satisfied by— or necessary in every instance to § 668.14(b)(16) that at least 10 percent of (i) Grant funds provided by non- establish readmission eligibility. its revenue is derived from sources Federal public agencies or private (3) An institution may not delay or other than title IV, HEA program funds sources independent of the institution; attempt to avoid a readmission of a by using the formula in appendix C of (ii) Funds provided under a student under this section by this subpart to calculate its revenue contractual arrangement with a Federal, demanding documentation that does not percentage for its latest complete fiscal State, or local government agency for exist, or is not readily available, at the year. the purpose of providing job training to time of readmission. (2) Cash basis accounting. Except for low-income individuals who need that (h) Termination of readmission institutional loans made to students training; eligibility. A student’s eligibility for under paragraph (a)(5)(i) of this section, (iii) Funds used by a student from a readmission to an institution under this the institution must use the cash basis savings plan for educational expenses section by reason of such student’s of accounting in calculating its revenue established by or on behalf of the service in the uniformed services percentage. student if the saving plan qualifies for

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special tax treatment under the Internal payment period under the loan limit in (C) For each group of loans, as Revenue Code of 1986; or effect on the day prior to enactment of applicable, multiplying the total annual (iv) Institutional scholarships as the ECASLA is included as revenue payments due on the loans by the provided under paragraph (a)(5)(iv) of from a source other than title IV, HEA institution’s loan collection rate (e.g., this section. program funds but only to the extent the total amount of payments collected (5) Revenue generated from that the excess amount pays for tuition, divided by the total amount of payments institutional aid. The institution must fees, or institutional charges remaining due). The resulting amount is used for include the following institutional aid on the student’s account after title IV, variable ‘‘R’’ in each period ‘‘t’’, for each as revenue: HEA program funds are applied. group of loans that a NPV is calculated. (i) For loans made to students, (7) Funds excluded from revenues. (2) Instead of performing the including funds advanced to students For the fiscal year, the institution does calculations in paragraph (b)(1) of this under installment sales contracts, on or not include— section, using 50 percent of the total after July 1, 2008 and prior to July 1, (i) The amount of Federal Work Study amount of loans that the institution 2012, include as revenue the net present (FWS) wages paid directly to the made during the fiscal year as the NPV. value of the loans made to students student. However, if the institution However, if the institution chooses to during the fiscal year, as calculated credits the student’s account with FWS use this 50 percent calculation, the under paragraph (b) of this section, if funds, those funds are included as institution may not sell any of these the loans— revenue; loans until they have been in repayment (A) Are bona fide as evidenced by (ii) The amount of funds received by for at least two years. standalone repayment agreements the institution from a State under the (c) Sanctions. If an institution does between the students and the institution LEAP, SLEAP, or GAP programs; not derive at least 10 percent of its that are enforceable promissory notes; (iii) The amount of institutional funds revenue from sources other than title IV, (B) Are issued at intervals related to used to match title IV, HEA program HEA program funds— the institution’s enrollment periods; funds; (1) For two consecutive fiscal years, it (C) Are subject to regular loan (iv) The amount of title IV, HEA loses its eligibility to participate in the repayments and collections by the program funds refunded or returned title IV, HEA programs for at least two institution; and under § 668.22, including funds fiscal years. To regain eligibility, the (D) Are separate from the enrollment refunded or returned under paragraph contracts signed by the students. institution must demonstrate that it (a)(6) of this section; or complied with the State licensure and (ii) For loans made to students before (v) The amount the student is charged accreditation requirements under 34 July 1, 2008, include as revenue only for books, supplies, and equipment CFR 600.5(a)(4) and (a)(6), and the the amount of payments made on those unless the institution includes that financial responsibility requirements loans that the institution received amount as tuition, fees, or other under subpart L of this part, for a during the fiscal year. institutional charges. minimum of two fiscal years after the (iii) For loans made to students on or (b) Net present value (NPV). (1) As fiscal year it became ineligible; or after July 1, 2012, include as revenue illustrated in appendix C of this subpart, only the amount of payments made on an institution calculates the NPV of the (2) For any fiscal year, it becomes those loans that the institution received loans it made under paragraph (a)(5)(i) provisionally certified under during the fiscal year. of this section by— § 668.13(c)(1)(ii) for the two fiscal years (iv) For scholarships provided by the (i) Using the formula, NPV = sum of after the fiscal year it failed to satisfy the institution in the form of monetary aid the discounted cash flows Rt/(1+i)t, revenue requirement. However, the or tuition discount and based on the where— institution’s provisional certification academic achievement or financial need (A) The variable ‘‘i’’ is the discount terminates on— of its students, include as revenue the rate. For purposes of this section, an (i) The expiration date of the amount disbursed to students during the institution must use the most recent institution’s program participation fiscal year. The scholarships must be annual inflation rate as the discount agreement that was in effect on the date disbursed from an established restricted rate; the Secretary determined the institution account and only to the extent that the (B) The variable ‘‘t’’ is time or period failed this requirement; or funds in that account represent of the cash flow, in years, from the time (ii) The date the institution loses its designated funds from an outside source the loan entered repayment; and eligibility to participate under or income earned on those funds. (C) The variable ‘‘Rt’’ is the net cash paragraph (c)(1) of this section; and (6) Revenue generated from loan flow at time or period t; and (3) It must notify the Secretary no funds in excess of loan limits prior to (ii) Applying the NPV formula to the later than 45 days after the end of its the Ensuring Continued Access to loans made during the fiscal year by— fiscal year that it failed to meet this Student Loans Act of 2008 (ECASLA). (A) If the loans have substantially the requirement. For each student who receives an same repayment period, using that (Approved by Office of Management and unsubsidized loan under the FFEL or repayment period for the range of values Budget under control number 1845–NEW2) Direct Loan programs on or after July 1, of variable ‘‘t’’; or 2008 and prior to July 1, 2011, the (B) Grouping the loans by repayment (Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099a-3, 1099c, 1141) amount of the loan disbursement for a period and using the repayment period payment period that exceeds the for each group for the range of values of 14. Appendix C is added to subpart B disbursement for which the student variable ‘‘t’’; and of part 668 to read as follows: would have been eligible for that BILLING CODE 4000–01–P

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BILLING CODE 4000–01–C J. In paragraph (h), removing the (n) Is enrolled in a comprehensive 15. Section 668.32 is amended by: punctuation ‘‘;’’ and adding, in its place, transition and postsecondary program A. Revising the introductory text. the punctuation ‘‘.’’. under subpart O of this part and meets B. In paragraph (a)(1)(iii), adding the K. In paragraph (i), removing the the student eligibility criteria in that word ‘‘and’’ after the punctuation ‘‘;’’. punctuation ‘‘;’’ and adding, in its place, subpart. C. In paragraph (a)(2), removing the the punctuation ‘‘.’’. punctuation ‘‘;’’ and adding, in its place, * * * * * L. In paragraph (j), removing the 16. Section 668.41 is amended by: the punctuation ‘‘.’’. punctuation ‘‘;’’ and adding, in its place, A. In paragraph (a), adding, in D. In paragraph (b), removing the the punctuation ‘‘.’’. alphabetical order, definitions of on- punctuation ‘‘;’’ and adding, in its place, M. In paragraph (k)(9), removing the campus student housing facility and the punctuation ‘‘.’’. word ‘‘; and’’ and adding, in its place, retention rate. E. In paragraph (c)(4)(ii), removing the the punctuation ‘‘.’’. B. Revising paragraph (d). punctuation ‘‘;’’ and adding, in its place, N. In paragraph (l), removing the C. Revising paragraph (e). the punctuation ‘‘.’’. word ‘‘; and’’ and adding, in its place, D. In paragraph (g)(1)(i), removing the F. In paragraph (d), removing the the punctuation ‘‘.’’. words ‘‘on request’’. punctuation ‘‘;’’ and adding, in its place, O. Adding paragraph (n). E. In the OMB control number the punctuation ‘‘.’’. The revision and addition read as parenthetical at the end of the section, G. In paragraph (e)(4)(ii), removing follows: removing the words, ‘‘and 1845–0010’’. the punctuation ‘‘;’’ and adding, in its § 668.32 Student eligibility—general. The additions and revisions read as place, the punctuation ‘‘.’’. follows: H. In paragraph (f), removing the A student is eligible to receive title IV, punctuation ‘‘;’’ and adding, in its place, HEA program assistance if the student § 668.41 Reporting and disclosure of the punctuation ‘‘.’’. either meets all of the requirements in information. I. In paragraph (g)(4), removing the paragraphs (a) through (m) of this (a) * * * punctuation ‘‘;’’ at the end of the section or meets the requirement in On-campus student housing facility: paragraph and adding, in its place, the paragraph (n) of this section as follows: A dormitory or other residential facility punctuation ‘‘.’’. * * * * * for students that is located on an

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institution’s campus, as defined in (6) The types of graduate and provide a notice to prospective students § 668.46(a). professional education in which and prospective employees that * * * * * graduates of the institution’s four-year includes a statement of the report’s Retention rate means a measure of the degree programs enroll. availability, a description of its rate at which students persist in their (i) The information provided in contents, and an opportunity to request educational program at an institution compliance with this paragraph may be a copy. An institution must provide its expressed as a percentage. For four-year gathered from— annual security report and annual fire institutions, this is the percentage of (A) State data systems; safety report, upon request, to a first-time bachelors (or equivalent) (B) Alumni or student satisfaction prospective student or prospective degree-seeking undergraduates from the surveys; or employee. If the institution chooses to (C) Other relevant sources. previous fall who are again enrolled in provide either its annual security report (ii) The institution must identify the the current fall. For all other or annual fire safety report to source of the information provided in institutions, this is the percentage of prospective students and prospective compliance with this paragraph, as well first-time degree- or certificate-seeking employees by posting the disclosure on as any time frames and methodology students from the previous fall who an Internet Web site, the notice associated with it. described in this paragraph must either re-enrolled or successfully (e) Annual security report and annual completed their program by the current include the exact electronic address at fire safety report—(1) Enrolled students which the report is posted, a brief fall. and current employees—annual security * * * * * description of the report, and a report and annual fire safety report. By statement that the institution will (d) General disclosures for enrolled or October 1 of each year, an institution prospective students. An institution provide a paper copy of the report upon must distribute to all enrolled students request. must make available to any enrolled and current employees its annual student or prospective student through (5) Submission to the Secretary— security report described in § 668.46(b), annual security report and annual fire appropriate publications, mailings or and, if the institution maintains an on- electronic media, information safety report. Each year, by the date and campus student housing facility, its in a form specified by the Secretary, an concerning— annual fire safety report described in (1) Financial assistance available to institution must submit the statistics § 668.49(b), through appropriate required by §§ 668.46(c) and 668.49(c) students enrolled in the institution publications and mailings, including— (pursuant to § 668.42). to the Secretary. (i) Direct mailing to each individual (6) Publication of the annual fire (2) The institution (pursuant to through the U.S. Postal Service, campus § 668.43). safety report. An institution may mail, or electronic mail; publish its annual fire safety report (3) The institution’s retention rate as (ii) A publication or publications reported to the Integrated Postsecondary concurrently with its annual security provided directly to each individual; or report only if the title of the report Education Data System (IPEDS). In the (iii) Posting on an Internet Web site or clearly states that the report contains case of a request from a prospective an Intranet Web site, subject to both the annual security report and the student, the information must be made paragraph (e)(2) and (3) of this section. available prior to the student’s enrolling (2) Enrolled students—annual annual fire safety report. If an or entering into any financial obligation security report and annual fire safety institution chooses to publish the with the institution. report. If an institution chooses to annual fire safety report separately from (4) The institution’s completion or distribute either its annual security the annual security report, it must graduation rate and, if applicable, its report or annual fire safety report to include information in each of the two transfer-out rate (pursuant to § 668.45). enrolled students by posting the reports about how to directly access the In the case of a request from a disclosure or disclosures on an Internet other report. prospective student, the information Web site or an Intranet Web site, the * * * * * must be made available prior to the institution must comply with the 17. Section 668.43 is amended by: student’s enrolling or entering into any requirements of paragraph (c)(2) of this A. In the introductory text of financial obligation with the institution. section. paragraph (a), removing the words (5) The placement of, and types of (3) Current employees—annual ‘‘upon request’’. employment obtained by, graduates of security report and annual fire safety B. In paragraph (a)(5)(ii), removing the the institution’s degree or certificate report. If an institution chooses to word ‘‘and’’ that appears after the programs. distribute either its annual security punctuation ‘‘;’’. (i) The information provided in report or annual fire safety report to C. In paragraph (a)(5)(iii), adding the compliance with this paragraph may be current employees by posting the word ‘‘and’’ after the punctuation ‘‘;’’. D. Adding paragraph (a)(5)(iv). gathered from— disclosure or disclosures on an Internet E. Revising paragraph (a)(7). (A) The institution’s placement rate Web site or an Intranet Web site, the F. In paragraph (a)(8), removing the for any program, if it calculates such a institution must, by October 1 of each word ‘‘and’’ that appears after the rate; year, distribute to all current employees punctuation ‘‘;’’. (B) State data systems; a notice that includes a statement of the G. In paragraph (a)(9), removing the (C) Alumni or student satisfaction report’s availability, the exact electronic punctuation ‘‘.’’ And adding, in its surveys; or address at which the report is posted, a place, the word ‘‘; and’’. (D) Other relevant sources. brief description of the report’s H. Adding paragraph (a)(10). (ii) The institution must identify the contents, and a statement that the I. In paragraph (b), removing the source of the information provided in institution will provide a paper copy of words ‘‘, upon request,’’. compliance with this paragraph, as well the report upon request. The additions and revision read as as any time frames and methodology (4) Prospective students and follows: associated with it. prospective employees—annual security (iii) The institution must disclose any report and annual fire safety report. For § 668.43 Institutional information. placement rates it calculates. each of the reports, the institution must (a) * * *

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(5) * * * calculations, on the cohort of certificate- graduation rate information by the (iv) Any plans by the institution for or degree-seeking, first-time, full-time receipt or nonreceipt of Federal student improving the academic program of the undergraduate students who enter the aid, students shall be considered to have institution; institution between September 1 of one received the aid in question only if they * * * * * year and August 31 of the following received such aid in the period (7) A description of the services and year. specified in paragraph (a)(3) of this facilities available to students with (4)(i) An institution covered by the section. disabilities, including students with provisions of paragraph (a)(3)(i) of this (iii) The requirement in paragraph intellectual disabilities as defined in section must count as an entering (a)(6)(i) of this section shall not apply to subpart O of this part; student a first-time undergraduate two-year, degree-granting institutions of student who is enrolled as of October higher education until academic year * * * * * 15, the end of the institution’s drop-add (10) Institutional policies and 2011–2012. period, or another official reporting date (b) In calculating the completion or sanctions related to copyright as defined in § 668.41(a). graduation rate under paragraph (a)(1) of infringement, including— (ii) An institution covered by this section, an institution must count (i) A statement that explicitly informs paragraph (a)(3)(ii) of this section must as completed or graduated— its students that unauthorized count as an entering student a first-time (1) Students who have completed or distribution of copyrighted material, undergraduate student who is enrolled graduated by the end of the 12-month including unauthorized peer-to-peer file for at least— period ending August 31 during which sharing, may subject the students to (A) 15 days, in a program of up to, 150 percent of the normal time for civil and criminal liabilities; and including, one year in length; or completion or graduation from their (ii) A summary of the penalties for (B) 30 days, in a program of greater program has lapsed; and violation of Federal copyright laws; and than one year in length. (2) Students who have completed a (iii) A description of the institution’s (5) An institution must make available program described in § 668.8(b)(1)(ii), or policies with respect to unauthorized its completion or graduation rate and, if an equivalent program, by the end of the peer-to-peer file sharing, including applicable, transfer-out rate, no later 12-month period ending August 31 disciplinary actions that are taken than the July 1 immediately following during which 150 percent of normal against students who engage in illegal the 12-month period ending August 31 time for completion from that program downloading or unauthorized during which 150 percent of the normal has lapsed. distribution of copyrighted materials time for completion or graduation has (c) In calculating the transfer-out rate using the institution’s information elapsed for all of the students in the under paragraph (a)(2) of this section, an technology system. group on which the institution bases its institution must count as transfers-out * * * * * completion or graduation rate and, if students who by the end of the 12- 18. Section 668.45 is revised to read applicable, transfer-out rate month period ending August 31 during as follows: calculations. which 150 percent of the normal time (6)(i) Completion or graduation rate for completion or graduation from the § 668.45 Information on completion or information must be disaggregated by graduation rates. program in which they were enrolled gender, by each major racial and ethnic has lapsed, have not completed or (a)(1) An institution annually must subgroup (as defined in IPEDS), by graduated but have subsequently prepare the completion or graduation recipients of a Federal Pell Grant, by enrolled in any program of an eligible rate of its certificate- or degree-seeking, recipients of a Federal Family Education institution for which its program first-time, full-time undergraduate Loan or a Federal Direct Loan (other provided substantial preparation. students, as provided in paragraph (b) of than an Unsubsidized Stafford Loan (d) For the purpose of calculating a this section. made under the Federal Family completion or graduation rate and a (2) An institution that determines that Education Loan Program or a Federal transfer-out rate, an institution may— its mission includes providing Direct Unsubsidized Stafford Loan) who (1) Exclude students who— substantial preparation for students to did not receive a Federal Pell Grant, and (i) Have left school to serve in the enroll in another eligible institution by recipients of neither a Federal Pell Armed Forces; must prepare the transfer-out rate of its Grant nor a Federal Family Education (ii) Have left school to serve on certificate- or degree-seeking, first-time, Loan or a Federal Direct Loan (other official church missions; full-time undergraduate students, as than an Unsubsidized Stafford Loan (iii) Have left school to serve with a provided in paragraph (c) of this made under the Federal Family foreign aid service of the Federal section. Education Loan Program or a Federal Government, such as the Peace Corps; (3)(i) An institution that offers a Direct Unsubsidized Loan) if the (iv) Are totally and permanently predominant number of its programs number of students in such group or disabled; or based on semesters, trimesters, or with such status is sufficient to yield (v) Are deceased. quarters must base its completion or statistically reliable information and (2) In cases where the students graduation rate, retention rate, and, if reporting will not reveal personally described in paragraphs (d)(1)(i) through applicable, transfer-out rate identifiable information about an (iii) of this section represent 20 percent calculations, on the cohort of certificate- individual student. If such number is or more of the certificate- or degree- or degree-seeking, first-time, full-time not sufficient for such purpose, i.e., is seeking, full-time, undergraduate undergraduate students who enter the too small to be meaningful, then the students at the institution, recalculate institution during the fall term of each institution shall note that the institution the completion or graduation rates of year. enrolled too few of such students to so those students by adding to the 150 (ii) An institution not covered by the disclose or report with confidence and percent time-frame they normally have provisions of paragraph (a)(3)(i) of this confidentiality. to complete or graduate, as described in section must base its completion or (ii) With respect to the requirement in paragraph (b) of this section, the time graduation rate, retention rate, and, if paragraph (a)(6)(i) of this section to period the students were not enrolled applicable, transfer-out rate disaggregate the completion or due to their service in the Armed

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Forces, on official church missions, or through activities, designed for (i) Confirm that there is a significant with a recognized foreign aid service of assessment and evaluation of emergency emergency or dangerous situation as the Federal Government. plans and capabilities. described in paragraph (g)(1) of this (e)(1) The Secretary grants a waiver of * * * * * section; the requirements of this section dealing (b) * * * (ii) Determine the appropriate with completion and graduation rate (13) Beginning with the annual segment or segments of the campus data to any institution that is a member security report distributed by October 1, community to receive a notification; of an athletic association or conference 2010, a statement of policy regarding (iii) Determine the content of the that has voluntarily published emergency response and evacuation notification; and completion or graduation rate data, or procedures, as described in paragraph (iv) Initiate the notification system; has agreed to publish data, that the (g) of this section. (3) A statement that the institution Secretary determines are substantially (14) Beginning with the annual will, without delay, and taking into comparable to the data required by this security report distributed by October 1, account the safety of the community, section. 2010, a statement of policy regarding determine the content of the notification (2) An institution that receives a missing student notification procedures, and initiate the notification system, waiver of the requirements of this as described in paragraph (h) of this unless issuing a notification will, in the section must still comply with the section. professional judgment of responsible requirements of § 668.41(d)(3) and (f). (c) * * * authorities, compromise efforts to assist (3) An institution, or athletic (3) Reported crimes if a hate crime. a victim or to contain, respond to, or association or conference applying on An institution must report, by category otherwise mitigate the emergency; behalf of an institution, that seeks a of prejudice, the following crimes (4) A list of the titles of the person or waiver under paragraph (e)(1) of this reported to local police agencies or to a persons or organization or organizations section must submit a written campus security authority that manifest responsible for carrying out the actions application to the Secretary that evidence that the victim was described in paragraph (g)(2) of this explains why it believes the data the intentionally selected because of the section; athletic association or conference victim’s actual or perceived race, (5) The institution’s procedures for publishes are accurate and substantially gender, religion, sexual orientation, disseminating emergency information to comparable to the information required ethnicity, or disability: the larger community; and by this section. (i) Any crime it reports pursuant to (6) The institution’s procedures to test (f) In addition to calculating the paragraph (c)(1)(i) through (vii) of this the emergency response and evacuation completion or graduation rate required section. procedures on at least an annual basis, by paragraph (a)(1) of this section, an (ii) The crimes of larceny-theft, simple including— institution may, but is not required to— assault, intimidation, and destruction/ (i) Tests that may be announced or (1) Calculate a completion or damage/vandalism of property. unannounced; graduation rate for students who (iii) Any other crime involving bodily (ii) Publicizing its emergency transfer into the institution; injury. response and evacuation procedures in (2) Calculate a completion or * * * * * conjunction with at least one test per graduation rate for students described in (e) Timely warning and emergency calendar year; and paragraphs (d)(1)(i) through (iv) of this notification. *** (iii) Documenting, for each test, a section; and (3) If there is an immediate threat to description of the exercise, the date, (3) Calculate a transfer-out rate as the health or safety of students or time, and whether it was announced or specified in paragraph (c) of this employees occurring on campus, as unannounced. section, if the institution determines described in paragraph (g)(1) of this (h) Missing student notification that its mission does not include section, an institution must follow its policies and procedures. (1) An providing substantial preparation for its emergency notification procedures. An institution that provides any on-campus students to enroll in another eligible institution that follows its emergency student housing facility must include a institution. notification procedures is not required statement of policy regarding missing to issue a timely warning based on the (Approved by the Office of Management and student notification procedures for Budget under control number 1845–0004) same circumstances; however, the students who reside in on-campus institution must provide adequate student housing facilities in its annual (Authority: 20 U.S.C. 1092) follow-up information to the community security report. This statement must— 19. Section 668.46 is amended by: as needed. (i) Indicate a list of titles of the A. In paragraph (a), adding, in * * * * * persons or organizations to which alphabetical order, a definition of test. (g) Emergency response and students, employees, or other B. In paragraph (b), adding paragraphs evacuation procedures. An institution individuals should report that a student (13) and (14). must include a statement of policy has been missing for 24 hours; C. Revising paragraph (c)(3). regarding its emergency response and (ii) Require that any missing student D. In paragraph (e), revising the evacuation procedures in the annual report must be referred immediately to paragraph heading and adding security report. This statement must the institution’s police or campus paragraph (e)(3). include— security department, or, in the absence E. Adding paragraph (g). (1) The procedures the institution will of an institutional police or campus F. Adding paragraph (h). The additions and revisions read as use to immediately notify the campus security department, to the local law follows: community upon the confirmation of a enforcement agency that has jurisdiction significant emergency or dangerous in the area; § 668.46 Institutional security policies and situation involving an immediate threat (iii) Contain an option for each crime statistics. to the health or safety of students or student living in an on-campus student (a) * * * employees occurring on the campus; housing facility to identify a contact Test: Regularly scheduled drills, (2) A description of the process the person or persons whom the institution exercises, and appropriate follow- institution will use to— shall notify if the student is determined

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missing by the institutional police or Fire drill: A supervised practice of a must describe the procedures that campus security department, or the mandatory evacuation of a building for students and employees should follow local law enforcement agency; a fire. in the case of a fire. (iv) Advise students that their contact Fire-related injury: Any instance in (7) For purposes of including a fire in information will be registered which a person is injured as a result of the statistics in the annual fire safety confidentially, that this information will a fire, including an injury sustained report, a list of the titles of each person be accessible only to authorized campus from a natural or accidental cause, or organization to which students and officials, and that it may not be while involved in fire control, employees should report that a fire disclosed, except to law enforcement attempting rescue, or escaping from the occurred. personnel in furtherance of a missing dangers of the fire. The term ‘‘person’’ (8) Plans for future improvements in person investigation; may include students, faculty, staff, fire safety, if determined necessary by (v) Advise students that if they are visitors, firefighters, or any other the institution. under 18 years of age and not individuals. (c) Fire statistics. (1) An institution emancipated, the institution must notify Fire-related death: Any instance in must report statistics for each on- a custodial parent or guardian when the which a person— campus student housing facility, for the student is missing, in addition to any (1) Is killed as a result of a fire, three most recent calendar years for additional contact person designated by including death resulting from a natural which data are available, concerning— the student; and or accidental cause while involved in (i) The number of fires and the cause (vi) Advise students that, regardless of fire control, attempting rescue, or of each fire; whether they name a contact person, escaping from the dangers of a fire; or (ii) The number of injuries related to unless the local law enforcement agency (2) Dies within one year of injuries a fire that resulted in treatment at a was the entity that made the sustained as a result of the fire. medical facility, including at an on- determination that a student is missing, Fire safety system: Any mechanism or campus health center; the institution will notify the local law system related to the detection of a fire, (iii) The number of deaths related to enforcement agency that the student is the warning resulting from a fire, or the a fire; and missing. control of a fire. This may include (iv) The value of property damage (2) The procedures that the institution sprinkler systems or other fire caused by a fire. must follow when a student who resides extinguishing systems, fire detection (2) An institution is required to in an on-campus student housing devices, stand-alone smoke alarms, submit a copy of the fire statistics in facility is determined to have been devices that alert one to the presence of paragraph (c)(1) of this section to the missing for 24 hours include— a fire, such as horns, bells, or strobe Secretary on an annual basis. (i) If the student has designated a lights; smoke-control and reduction (d) Fire log. (1) An institution that contact person, notifying that contact mechanisms; and fire doors and walls maintains on-campus student housing person within 24 hours; that reduce the spread of a fire. facilities must maintain a written, easily (ii) If the student is under 18 years of Value of property damage: The understood fire log that records, by the age and is not emancipated, notifying estimated value of the loss of the date that the fire was reported, any fire the student’s custodial parent or structure and contents, in terms of the that occurred in an on-campus student guardian and any other designated cost of replacement in like kind and housing facility. This log must include contact person within 24 hours; and quantity. This estimate should include the nature, date, time, and general (iii) Regardless of whether the student contents damaged by fire, and related location of each fire. has identified a contact person, is above damages caused by smoke, water, and (2) An institution must make an entry the age of 18, or is an emancipated overhaul; however, it does not include or an addition to an entry to the log minor, informing the local law indirect loss, such as business within two business days, as defined enforcement agency that has jurisdiction interruption. under § 668.46(a), of the receipt of the in the area that the student has been (b) Annual fire safety report. information. reported to be missing within 24 hours. Beginning by October 1, 2010, an (3) An institution must make the fire * * * * * institution that maintains any on- log for the most recent 60-day period campus student housing facility must open to public inspection during normal § 668.48 [Amended] prepare an annual fire safety report that business hours. The institution must 20. Section 668.48(b) is amended by contains, at a minimum, the following make any portion of the log older than removing the parenthetical ‘‘(d)’’ and information: 60 days available within two business adding, in its place, the parenthetical (1) The fire statistics described in days of a request for public inspection. ‘‘(e)’’. paragraph (c) of this section. (4) An institution must make an 21. Section 668.49 is added to subpart (2) A description of each on-campus annual report to the campus community D of part 668 to read as follows: student housing facility fire safety on the fires recorded in the fire log. This system. requirement may be satisfied by the § 668.49 Institutional fire safety policies (3) The number of fire drills held and fire statistics. annual fire safety report described in during the previous calendar year. paragraph (b) of this section. (a) Additional definitions that apply (4) The institution’s policies or rules to this section. on portable electrical appliances, (Approved by the Office of Management and Cause of fire: The factor or factors that smoking, and open flames in a student Budget under control number 1845–NEW3) give rise to a fire. The causal factor may housing facility. (Authority: 20 U.S.C. 1092) be, but is not limited to, the result of an (5) The institution’s procedures for intentional or unintentional action, student housing evacuation in the case 22. Appendix A to subpart D of part mechanical failure, or act of nature. of a fire. 668 is amended by: Fire: Any instance of open flame or (6) The policies regarding fire safety A. Revising the introductory text. other burning in a place not intended to education and training programs B. Under the heading, ‘‘Crime contain the burning or in an provided to the students, faculty, and Definitions From the Uniform Crime uncontrolled manner. staff. In these policies, the institution Reporting Handbook,’’ revising and

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renaming the definition of Weapon Law of alcoholic beverages, not including driving Subpart O—Financial Assistance for Violations, as Weapons: Carrying, under the influence and drunkenness. Students With Intellectual Disabilities Possessing, Etc. and revising the * * * * * § 668.230 Scope and purpose. definitions of Drug Abuse Violations Definitions From the Hate Crime Data and Liquor Law Violations. Collection Guidelines of the Uniform Crime This subpart establishes regulations C. Adding a heading at the end of the Reporting Handbook that apply to an institution that offers appendix, ‘‘Definitions From the Hate Larceny-Theft (except motor vehicle theft) comprehensive transition and Crime Data Collection Guidelines of the postsecondary programs to students The unlawful taking, carrying, leading, or with intellectual disabilities. Students Uniform Crime Reporting Handbook’’ riding away of property from the possession followed by definitions for larceny-theft or constructive possession of another. enrolled in these programs are eligible (except motor vehicle theft), simple Attempted larcenies are included. for Federal financial assistance under assault, intimidation, and destruction/ Embezzlement, confidence games, forgery, the Federal Pell Grant, FSEOG, and damage/vandalism of property. worthless checks, etc., are excluded. FWS programs. Except for provisions related to needs analysis, the Secretary The revisions and additions read as Simple Assault follows: may waive any title IV, HEA program An unlawful physical attack by one person requirement related to the Federal Pell Appendix A to Subpart D of Part 668— upon another where neither the offender Grant, FSEOG, and FWS programs or Crime Definitions in Accordance With displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury institutional eligibility, to ensure that the Federal Bureau of Investigation’s involving apparent broken bones, loss of students with intellectual disabilities Uniform Crime Reporting Program teeth, possible internal injury, severe remain eligible for funds under these laceration, or loss of consciousness. assistance programs. However, unless The following definitions are to be used for provided in this subpart or subsequently Intimidation reporting the crimes listed in § 668.46, in waived by the Secretary, students with accordance with the Federal Bureau of To unlawfully place another person in Investigation’s Uniform Crime Reporting intellectual disabilities and institutions reasonable fear of bodily harm through the that offer comprehensive transition and Program. The definitions for murder; robbery; use of threatening words and/or other aggravated assault; burglary; motor vehicle conduct, but without displaying a weapon or postsecondary programs are subject to theft; weapons: carrying, possessing, etc.; law subjecting the victim to actual physical the same regulations and procedures violations; drug abuse violations; and liquor attack. that otherwise apply to title IV, HEA law violations are excerpted from the program participants. Uniform Crime Reporting Handbook. The Destruction/Damage/Vandalism of Property (Authority: 20 U.S.C. 1091) definitions of forcible rape and nonforcible To willfully or maliciously destroy, sex offenses are excerpted from the National damage, deface, or otherwise injure real or § 668.231 Definitions. Incident-Based Reporting System Edition of personal property without the consent of the the Uniform Crime Reporting Handbook. The owner or the person having custody or The following definitions apply to definitions of larceny-theft (except motor control of it. this subpart: vehicle theft), simple assault, intimidation, Comprehensive transition and and destruction/damage/vandalism of 23. Section 668.161 is amended by: postsecondary program means a degree, property are excerpted from the Hate Crime A. Revising the section heading. certificate, nondegree, or noncertificate Data Collection Guidelines of the Uniform B. Revising paragraph (a)(4). program that— Crime Reporting Handbook. The revisions read as follows: (1) Is offered by a participating * * * * * § 668.161 Scope and purpose (cash institution; Crime Definitions From the Uniform Crime management rules). (2) Is delivered to students physically Reporting Handbook attending the institution; * * * * * (a) * * * (4) An institution must follow the (3) Is designed to support students Weapons: Carrying, Possessing, Etc. disbursement procedures in 34 CFR with intellectual disabilities who are The violation of laws or ordinances 675.16 for paying a student his or her seeking to continue academic, career prohibiting the manufacture, sale, purchase, wages under the FWS Program instead and technical, and independent living transportation, possession, concealment, or of the disbursement procedures in instruction at an institution of higher use of firearms, cutting instruments, §§ 668.164(a), (b), and (d) through (g), education in order to prepare for gainful explosives, incendiary devices, or other and 668.165. employment; deadly weapons. (4) Includes an advising and * * * * * Drug Abuse Violations curriculum structure; The violation of laws prohibiting the § 668.184 [Amended] (5) Requires students with intellectual production, distribution, and/or use of 24. Section 668.184(a)(1) is amended disabilities to have at least one-half of certain controlled substances and the by removing the word ‘‘If’’ and adding, their participation in the program, as equipment or devices utilized in their in its place, the words ‘‘Except as determined by the institution, focus on preparation and/or use. The unlawful provided under 34 CFR 600.32(d), if’’. academic components through one or cultivation, manufacture, distribution, sale, more of the following activities: purchase, use, possession, transportation, or 25. Subpart O, consisting of importation of any controlled drug or §§ 668.230 through 668.233, is added to (i) Taking credit-bearing courses with narcotic substance. Arrests for violations of part 668 to read as follows: students without disabilities. State and local laws, specifically those (ii) Auditing or otherwise relating to the unlawful possession, sale, use, Subpart O—Financial Assistance for participating in courses with students growing, manufacturing, and making of Students With Intellectual Disabilities without disabilities for which the narcotic drugs. student does not receive regular Sec. Liquor Law Violations 668.230 Scope and purpose. academic credit. The violation of State or local laws or 668.231 Definitions. (iii) Taking non-credit-bearing, ordinances prohibiting the manufacture, sale, 668.232 Program eligibility. nondegree courses with students purchase, transportation, possession, or use 668.233 Student eligibility. without disabilities.

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(iv) Participating in internships or (Approved by the Office of Management and § 675.2 [Amended] work-based training in settings with Budget under control number 1845–NEW4) 27. In § 675.2(b), paragraph (1) of the individuals without disabilities; and (Authority: 20 U.S.C. 1091) definition of community services is (6) Provides students with intellectual amended by adding the words disabilities opportunities to participate § 668.233 Student eligibility. ‘‘emergency preparedness and in coursework and other activities with A student with an intellectual response,’’ after the words ‘‘public students without disabilities. disability is eligible to receive Federal safety,’’. Student with an intellectual disability Pell, FSEOG, and FWS program 28. Section 675.16 is revised to read means a student— assistance under this subpart if— as follow: (1) With mental retardation or a cognitive impairment characterized by (a) The student satisfies the general § 675.16 Payments to students. significant limitations in— student eligibility requirements under (a) General. (1) An institution must (i) Intellectual and cognitive § 668.32, except for the requirements in follow the disbursement procedures in functioning; and paragraphs (a), (e), and (f) of that this section for paying a student his or (ii) Adaptive behavior as expressed in section. With regard to these exceptions, her wages under the FWS Program conceptual, social, and practical a student— instead of the disbursement procedures adaptive skills; and (1) Does not have to be enrolled for in 34 CFR 668.164(a), (b), and (d) (2) Who is currently, or was formerly, the purpose of obtaining a degree or through (g), and 34 CFR 668.165. The eligible for special education and certificate; institution must follow 34 CFR related services under the Individuals (2) Is not required to have a high 668.164(c) on making direct FWS with Disabilities Education Act (IDEA) school diploma, a recognized equivalent payments to students and 34 CFR (20 U.S.C. 1401), including a student of a high school diploma, or have 668.164(h) on handling the return of who was determined eligible for special passed an ability to benefit test; and FWS funds that are not received or education or related services under the (3) Is making satisfactory progress negotiated by a student. IDEA but was home-schooled or according to the institution’s published (2) An institution must pay a student attended private school. standards for students enrolled in its FWS compensation at least once a (Authority: 20 U.S.C. 1091, 1140) comprehensive transition and month. postsecondary programs; (3) Before an institution makes an § 668.232 Program eligibility. initial disbursement of FWS An institution that offers a (b) The student is enrolled in a compensation to a student for an award comprehensive transition and comprehensive transition and period, the institution must notify the postsecondary program must apply to postsecondary program approved by the student of the amount of funds the the Secretary to have the program Secretary; and student is authorized to earn, and how determined to be an eligible program. (c) The institution obtains a record and when the FWS compensation will The institution applies under the from a local educational agency that the be paid. provisions in 34 CFR 600.20 for adding student is or was eligible for special (4) Regardless of who employs the an educational program, and must education and related services under the student, the institution is responsible include in its application— IDEA. If that record does not identify for ensuring that the student is paid for (a) A detailed description of the the student as having an intellectual work performed. comprehensive transition and disability, as described in paragraph (1) (5) A student’s FWS compensation is postsecondary program that addresses of the definition of a student with an earned when the student performs the all of the components of the program, as intellectual disability in § 668.231, the work. defined in § 668.231; institution must also obtain (6) An institution may pay a student (b) The institution’s policy for documentation establishing that the after the student’s last day of attendance determining whether a student enrolled student has an intellectual disability, for FWS compensation earned while he in the program is making satisfactory such as— or she was in attendance at the academic progress; (1) A documented comprehensive and institution. (c) The number of weeks of individualized psycho-educational (7) A correspondence student must instructional time and the number of evaluation and diagnosis of an submit his or her first completed lesson semester or quarter credit hours or clock intellectual disability by a psychologist before receiving a payment. hours in the program, including the or other qualified professional; or (8) The institution may not obtain a equivalent credit or clock hours student’s power of attorney to authorize (2) A record of the disability from a associated with noncredit or reduced any disbursement of funds without prior local or State educational agency, or credit courses or activities; approval from the Secretary. government agency, such as the Social (d) A description of the educational (9) An institution makes a Security Administration or a vocational credential offered (e.g., degree or disbursement of FWS program funds on rehabilitation agency, that identifies the certificate) or identified outcome or the date that the institution credits a intellectual disability. outcomes established by the institution student’s account at the institution or for all students enrolled in the program; (Approved by the Office of Management and pays a student directly with— (e) A copy of the letter or notice sent Budget under control number 1845–NEW4) (i) Funds received from the Secretary; to the institution’s accrediting agency (Authority: 20 U.S.C. 1091) or informing the agency of its (ii) Institutional funds used in comprehensive transition and PART 675—FEDERAL WORK-STUDY advance of receiving FWS program postsecondary program. The letter or PROGRAMS funds. notice must include a description of the (b) Crediting a student’s account at items in paragraphs (a) through (d) of 26. The authority citation for part 675 the institution. (1) If the institution this section; and is revised to read as follows: obtains the student’s authorization (f) Any other information the Authority: 3 20 U.S.C. 1070g, 1094; 42 described in paragraph (d) of this Secretary may require. U.S.C. 2751–2756b; unless otherwise noted. section, the institution may use the FWS

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funds to credit a student’s account at the (4)(i) If a student modifies an § 675.18 Use of funds. institution to satisfy— authorization, the modification takes * * * * * (i) Current year charges for— effect on the date the institution (g) * * * (A) Tuition and fees; receives the modification notice. (4)(i) In meeting the seven percent (B) Board, if the student contracts (ii) If a student cancels an community service expenditure with the institution for board; authorization to use his or her FWS requirement in paragraph (g)(1) of this (C) Room, if the student contracts compensation to pay for authorized section, students may be employed to with the institution for room; and charges under paragraph (b) of this perform civic education and (D) Other educationally related section, the institution may use those participation activities in projects that— charges incurred by the student at the funds to pay only those authorized (A) Teach civics in schools; institution; and charges incurred by the student before (B) Raise awareness of government (ii) Prior award year charges with the the institution received the notice. functions or resources; or restriction provided in paragraph (b)(2) (iii) If a student cancels an (C) Increase civic participation. of this section for a total of not more authorization to hold his or her FWS (ii) To the extent practicable, in than $200 for— compensation under paragraph (d)(1)(ii) providing civic education and (A) Tuition and fees, room, or board; participation activities under paragraph and of this section, the institution must pay those funds directly to the student as (g)(4)(i) of this section, an institution (B) Other institutionally related must— charges incurred by the student at the soon as possible, but no later than 14 days after the institution receives that (A) Give priority to the employment institution. of students in projects that educate or (2) If the institution is using FWS notice. (5) If an institution holds excess FWS train the public about evacuation, funds in combination with other title IV, emergency response, and injury HEA program funds to credit a student’s compensation under paragraph (d)(1)(ii) prevention strategies relating to natural account at the institution to satisfy prior of this section, the institution must— disasters, acts of terrorism, and other award year charges, a single $200 total (i) Identify the amount of funds the institution holds for each student in a emergency situations; and prior award year charge limit applies to (B) Ensure that the students receive the use of all the title IV, HEA program subsidiary ledger account designed for that purpose; appropriate training to carry out the funds for that purpose. educational services required. (c) Credit balances. Whenever an (ii) Maintain, at all times, cash in its institution disburses FWS funds by bank account in an amount at least * * * * * crediting a student’s account and the equal to the amount of FWS (i) Flexibility in the event of a major result is a credit balance, the institution compensation the institution holds for disaster. (1) An institution located in must pay the credit balance directly to the student; and any area affected by a major disaster the student as soon as possible, but no (iii) Notwithstanding any may make FWS payments to disaster- later than 14 days after the credit authorization obtained by the institution affected students for the period of time balance occurs on the account. under this paragraph, pay any (not to exceed the award period) in (d) Student authorizations. (1) Except remaining balances by the end of the which the students were prevented from for the noncash contributions allowed institution’s final FWS payroll period fulfilling their FWS obligations. The under paragraphs (e)(2) and (3) of this for an award year. FWS payments— section, if an institution obtains written (e)(1) Timing of institutional share (i) May be made to disaster-affected authorization from a student, the and noncash contributions. Except for students for an amount equal to or less institution may— the noncash contributions allowed than the amount of FWS wages the (i) Use the student’s FWS under paragraph (e)(2) or (3) of this students would have been paid had the compensation to pay for charges section, an institution must pay the students been able to complete the work described in paragraph (b) of this student its share of his or her FWS obligation necessary to receive the section that are included in that compensation at the same time it pays funds; authorization; and the Federal share. (ii) May not be made to any student (ii) Except if prohibited by the (2) If an institution pays a student its who was not eligible for FWS or was not Secretary under the reimbursement or FWS share for an award period in the completing the work obligation cash monitoring payment method, hold form of tuition, fees, services, or necessary to receive the funds, or had on behalf of the student any FWS equipment, it must pay that share before already separated from their compensation that would otherwise be the student’s final payroll period. employment prior to the occurrence of paid directly to the student under (3) If an institution pays its FWS share the major disaster; and paragraph (c) of this section. in the form of prepaid tuition, fees, (iii) Must meet the matching (2) In obtaining the student’s services, or equipment for a forthcoming requirements of § 675.26, unless those authorization to perform an activity academic period, it must give the requirements are waived by the described in paragraph (d)(1) of this student a statement before the close of Secretary. section, an institution— his or her final payroll period listing the (2) The following definitions apply to (i) May not require or coerce the amount of tuition, fees, services, or this section: student to provide that authorization; equipment earned. (i) Disaster-affected student means a (ii) Must allow the student to cancel student enrolled at an institution who— or modify that authorization at any time; (Authority: 20 U.S.C. 1091, 1094; 42 U.S.C. (A) Received an FWS award for the and 2753) award period during which a major (iii) Must clearly explain how it will 29. Section 675.18 is amended by: disaster occurred; carry out that activity. A. Adding paragraph (g)(4). (B) Earned FWS wages from an (3) A student may authorize an B. Adding paragraph (i). institution for that award period; institution to carry out the activities C. Revise the authority citation at the (C) Was prevented from fulfilling his described in paragraph (d)(1) of this end of the section. or her FWS obligation for all or part of section for the period during which the The additions and revisions read as the FWS award period because of the student is enrolled at the institution. follows: major disaster; and

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(D) Was unable to be reassigned to service program with the opportunity to recipient who qualifies under paragraph another FWS job. contribute to their education and to the (a)(1)(iii) of this section, must apply for (ii) Major disaster is defined in welfare of the community as a whole. a suspension in writing on a form section 102(2) of the Robert T. Stafford (b) Comprehensive student work- approved by the Secretary prior to being Disaster Relief and Emergency learning-service program: A student subject to any of the conditions under Assistance Act (42 U.S.C. 5122(2)). work-learning-service program that— § 686.43(a)(1) through (a)(5) that would (Authority: 20 U.S.C. 1095, 1096; 42 U.S.C. * * * * * cause the TEACH Grant to convert to a 2753, 2755, 2756(b)) Federal Direct Unsubsidized Loan. § 675.43 [Amended] (c) A grant recipient, or his or her 30. Section 675.26 is amended by: 32. Section 675.43 is amended by representative in the case of a grant A. In paragraph (d)(2)(iii), removing removing the words ‘‘work-learning’’ recipient who qualifies under paragraph the word ‘‘or’’ that appears after the and adding, in their place, the words (a)(1)(iii) of this section, must provide punctuation ‘‘;’’. ‘‘work-learning-service’’. the Secretary with documentation B. In paragraph (d)(2)(iv), removing supporting the suspension request as the punctuation ‘‘.’’ and adding, in its § 675.44 [Amended] well as current contact information place, the word ‘‘; or’’. 33. Section 675.44(b) is amended by including home address and telephone C. Adding paragraph (d)(2)(v). removing the words ‘‘work-learning’’ number. The addition reads as follows: and adding, in their place, the words ‘‘work-learning-service’’. (Approved by the Office of Management and § 675.26 FWS Federal share limitations. Budget under control number 1845–0083) * * * * * § 675.45 [Amended] * * * * * (d) * * * 34. Section 675.45 is amended by: 38. Section 686.42 is amended by: (2) * * * A. In paragraph (a)(1), in the A. Adding paragraph (c). (v) The student is employed in introductory text of paragraph (a)(4), B. Adding an OMB control number at community service activities and is and in paragraph (a)(4)(i) removing the the end of the section. performing civic education and words ‘‘work-learning’’ and adding, in The additions read as follows: participation activities in a project as their place, the words ‘‘work-learning- defined in § 675.18(g)(4). service’’. § 686.42 Discharge of agreement to serve. * * * * * B. In paragraph (a)(5), removing the * * * * * 31. Section 675.41 is amended by: words ‘‘work service learning’’ and (c) Military discharge. (1) A grant A. Revising paragraph (a). adding, in their place, the words ‘‘work- recipient who has completed or who has B. Revising the paragraph heading learning-service’’. otherwise ceased enrollment in a and introductory text in paragraph (b). TEACH Grant-eligible program for C. In paragraph (b)(2), removing the PART 686—TEACHER EDUCATION ASSISTANCE FOR COLLEGE AND which he or she received TEACH Grant word ‘‘, participation,’’. funds and has exceeded the period of D. In paragraph (b)(5), removing the HIGHER EDUCATION (TEACH) GRANT PROGRAM time allowed under § 686.41(a)(2)(ii), words ‘‘work-learning’’ and adding, in may qualify for a proportional discharge their place, the words ‘‘work-learning- 35. The authority citation for part 686 of his or her service obligation due to an service’’. continues to read as follows: extended call or order to active duty E. In paragraph (b)(6), removing the status. To apply for a military discharge, words ‘‘work-learning’’ and adding, in Authority: 20 U.S.C. 1070g, et seq., unless otherwise noted. a grant recipient or his or her their place, the words ‘‘work-learning- representative must submit a written service’’. § 686.12 [Amended] request to the Secretary. The revisions read as follows: 36. Section 686.12(c)(1) is amended (2) A grant recipient described in § 675.41 Special definitions. by adding the words ‘‘, a suspension paragraph (c)(1) of this section may approved under § 686.41(a)(2), or a receive a— * * * * * military discharge granted under (a) Work-college: An eligible (i) One-year discharge of his or her § 686.42(c)(2)’’ after the words ‘‘teaching service obligation if a call or order to institution that— service’’. (1) Is a public or private nonprofit, active duty status is for more than three 37. Section 686.41 is amended by: years; four-year, degree-granting institution A. In the introductory text of with a commitment to community (ii) Two-year discharge of his or her paragraph (a)(2), removing the words service obligation if a call or order to service; ‘‘and (ii)’’ and adding, in their place, the (2) Has operated a comprehensive active duty status is for more than four words ‘‘, (ii), and (iii)’’. years; work-learning-service program for at B. Revising paragraphs (a)(2)(ii), (b), least two years; (iii) Three-year discharge of his or her and (c). service obligation if a call or order to (3) Requires resident students, C. Adding an OMB control number at including at least one-half of all active duty status is for more than five the end of the section. years; or students who are enrolled on a full-time The revisions and addition read as (iv) Full discharge of his or her basis, to participate in a comprehensive follows: work-learning-service program for at service obligation if a call or order to least five hours each week, or at least 80 § 686.41 Periods of suspension. active duty status is for more than six hours during each period of enrollment, (a) * * * years. except summer school, unless the (2) * * * (3) A grant recipient or his or her student is engaged in an institutionally (ii) Does not exceed a total of three representative must provide the organized or approved study abroad or years under paragraph (a)(1)(iii) of this Secretary with— externship program; and section. (i) A written statement from the grant (4) Provides students participating in (b) A grant recipient, or his or her recipient’s commanding or personnel the comprehensive work-learning- representative in the case of a grant officer certifying—

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(A) That the grant recipient is on (Approved by the Office of Management and § 690.67 Receiving up to two Scheduled active duty in the Armed Forces of the Budget under control number 1845–NEW5) Awards during a single award year. United States; (Authority: 20 U.S.C. 1070a) (a) Eligibility. An institution shall (B) The date on which the grant award up to the full amount of a second 41. Section 690.64 is revised to read recipient’s service began; and Scheduled Award to a student in an as follows: (C) The date on which the grant award year if the student— recipient’s service is expected to end; or § 690.64 Calculation of a Federal Pell (1) Has successfully completed the (ii)(A) A copy of the grant recipient’s Grant for a payment period which occurs in credit or clock hours of the first official military orders; and two award years. academic year in the award year; (B) A copy of the grant recipient’s If a student enrolls in a payment (2) Is enrolled in an eligible program military identification. period that is scheduled to occur in two leading to a bachelor’s or associate (4) For the purpose of this section, the award years— degree or other recognized educational Armed Forces means the Army, Navy, (a) The entire payment period must be credential except as provided in 34 CFR Air Force, Marine Corps, and the Coast considered to occur within one award part 668, subpart O for students with Guard. year; intellectual disabilities; and (5) Based on a request for a military (b)(1) Except as provided in paragraph (3) Is enrolled at least as a half-time discharge from the grant recipient or his (b)(2) of this section— student. or her representative, the Secretary will (i) For a full-time or a three-quarter- (b) Transfer student. If a student notify the grant recipient or his or her time student— transfers to an institution during an representative of the outcome of the (A) An institution must assign the award year, the institution must— discharge request. For the portion on the payment period to the award year in (1) Assume that a student has service obligation that remains, the which the student receives the greater completed the credit or clock hours in grant recipient remains responsible for payment for the payment period based the first academic year of the award year fulfilling his or her service obligation in on the information available at the time if the first Scheduled Award was accordance with § 686.12. that the student’s Federal Pell Grant is disbursed at other institutions during (Approved by the Office of Management and initially calculated; and the award year; or Budget under control number 1845–0083) (B) If, subsequent to the initial (2) If less than the first Scheduled * * * * * calculation of the student’s payment for Award has been disbursed at a prior the payment period, the institution institution that the student attended PART 690—FEDERAL PELL GRANT receives information that the student during the award year, the institution PROGRAM would receive a greater payment for the must determine the credit or clock 39. The authority citation for part 690 payment period by reassigning the hours the student is considered to have continues to read as follows: payment to the other award year, the previously earned in the award year institution must reassign the payment to by— Authority: 20 U.S.C. 1070a, 1070g, unless the award year providing the greater (i) Multiplying the amount of the otherwise noted. payment; and student’s Scheduled Award disbursed at 40. Section 690.63 is amended by: (ii) For a half-time or less-than-half- a prior institution during the award year A. Adding paragraph (h). time student, an institution may assign by the number of credit or clock hours B. Adding an OMB control number the payment period to either award year in the institution’s academic year and and authority citation at the end of the if the student is enrolled for the dividing the product of the section. payment period as a half-time or less- multiplication by the amount of the The additions read as follows: than-half-time student; and Scheduled Award at the prior § 690.63 Calculation of a Federal Pell (2) Upon request of a student, an institution; and Grant for a payment period. institution must assign the payment (ii) If the student previously attended * * * * * period to the award year in which the more than one institution in the award (h) Payment from two Scheduled student can be expected to receive a year, adding the results of paragraph Awards. (1) In a payment period, a greater amount of Federal Pell Grants (b)(2)(i) of this section for each prior student may receive a payment from the over the two award years in which the institution. student’s first Scheduled Award in the payment period is scheduled to occur; (c) Special circumstances. (1) The award year and the student’s second (c) Except as provided in paragraph financial aid administrator at a student’s Scheduled Award in the award year if— (b)(1)(i) of this section, the institution institution may waive the requirement (i) The student is an eligible student shall place a payment period with more in paragraph (a)(1) of this section, if the who meets the provisions of § 690.67; than six months scheduled to occur financial aid administrator— and within one award year in that award (i) Determines that, in the period (ii) The student’s payment for the year; during which the first Scheduled Award payment period is greater than the (d) If an institution places the was disbursed, the student was unable remaining balance of the first Scheduled payment period in the first award year, to complete the clock or credit hours in Award. it shall pay a student with funds from the student’s first academic year in the (2) The student’s payment for the the first award year; and award year due to circumstances payment period— (e) If an institution places the beyond the student’s control; and (i) Is calculated based on the total payment period in the second award (ii) The determination is made and credit or clock hours and weeks of year, it shall pay a student with funds documented on an individual basis. instructional time in the payment from the second award year. (2) For purposes of paragraph (c)(1) of period; and (Approved by the Office of Management and this section, circumstances beyond a (ii) Is the remaining amount of the Budget under control number 1845–NEW5) student’s control— first Scheduled Award plus an amount (i) May include, but are not limited to, from the second Scheduled Award for (Authority: 20 U.S.C. 1070a) the student withdrawing from classes the balance of the payment for the 42. Section 690.67 is revised to read due to illness or being unable to register payment period. as follows: for classes necessary to complete his or

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her eligible program because those D. In paragraph (b), removing the How Does a State Apply To Participate in classes were not offered during that word ‘‘-appropriated’’ after the word GAP? period; and State, both times it appears. 692.100 What requirements must a State (ii) Do not include, for example, E. In the authority citation at the end meet to receive an allotment under this withdrawing to avoid a particular grade of the section, adding ‘‘, 1070c–2’’ after program? or failing to register for a necessary class the number ‘‘1070c’’ 692.101 What requirements must be met by that was offered during the period to 46. Section 692.21 is amended by: a State partnership? avoid a particular instructor. A. In paragraph (c), removing the What Is the Amount of Assistance and How (d) Nonapplicable credit or clock figure ‘‘$5,000’’ and adding, in its place, May It Be Used? hours. To determine the student’s the words ‘‘the lesser of $12,500 or the 692.110 How does the Secretary allot funds eligibility for a second Scheduled student’s cost of attendance under to the States? Award in an award year, an institution section 472 of the HEA’’. 692.111 For what purposes may a State use may not use credit or clock hours that B. In paragraph (j), removing the word its payment under the GAP Program? the student received based on Advanced ‘‘and’’ that appears after the punctuation 692.112 May a State use the funds it receives from the GAP Program to pay Placement (AP) programs, International ‘‘;’’. C. Redesignating paragraph (k) as administrative costs? Baccalaureate (IB) programs, testing out, 692.113 What are the matching life experience, or similar competency paragraph (l). D. Adding a new paragraph (k). requirements for the GAP Program? measures. E. Adding an OMB control number at How Does the Partnership Select Students (Approved by the Office of Management and the end of the section. Under the GAP Program? Budget under control number 1845–NEW5) The additions read as follows: 692.120 What are the requirements for (Authority: 20 U.S.C. 1070a) § 692.21 What requirements must be met student eligibility? 43. Section 690.75 is amended by: by a State program? How Does the Secretary Approve a Waiver A. Adding paragraph (e). * * * * * of Program Requirements? B. Revising the OMB control number (k) Notifies eligible students that the 692.130 How does a participating at the end of the section. grants are— institution request a waiver of program The additions read as follows: (1) Leveraging Educational Assistance requirements? Partnership Grants; and Appendix A to Subpart C of Part 692— § 690.75 Determination of eligibility for (2) Funded by the Federal payment. Grants for Access and Persistence Program Government, the State, and, where (GAP) State Grant Allotment Case Study * * * * * applicable, other contributing partners; (e) A student is considered to have an and Subpart C—Grants for Access and expected family contribution of zero if— * * * * * Persistence Program (1) The student’s parent or guardian (Approved by the Office of Management and General was a member of the Armed Forces of Budget under control number 1845–NEW7) the United States and the parent or * * * * * § 692.90 What is the Grants for Access guardian died as a result of performing 47. Section 692.70 is revised to read and Persistence Program? military service in Iraq or Afghanistan as follows: The Grants for Access and Persistence after September 11, 2001; and (GAP) Program assists States in (2) At the time of the parent or § 692.70 How does the Secretary allot funds to the States? establishing partnerships to provide guardian’s death the student— eligible students with LEAP Grants (i) Was under the age of 24; or For fiscal year 2010–2011, the under GAP to attend institutions of (ii) Was enrolled at an institution of Secretary allots to each eligible State higher education and to encourage higher education. that applies for SLEAP funds an amount increased participation in early in accordance with the provisions in information and intervention, (Approved by the Office of Management and § 692.10 prior to calculating allotments Budget under control number 1845–NEW6) mentoring, or outreach programs. for States applying for GAP funds under * * * * * subpart C of this part. (Authority: 20 U.S.C. 1070c–3a) PART 692—LEVERAGING (Authority: 20 U.S.C. 1070c–3a) § 692.91 What other regulations apply to EDUCATIONAL ASSISTANCE 48. Subpart C, consisting of §§ 692.90 the GAP Program? PARTNERSHIP PROGRAM through 692.130, is added to part 692 to The regulations listed in § 692.3 also read as follows: apply to the GAP Program. 44. The authority citation for part 692 is revised to read as follows: Subpart C—Grants for Access and (Authority: 20 U.S.C. 1070c–3a) Persistence Program Authority: 20 U.S.C. 1070c–1070c–4, § 692.92 What definitions apply to the GAP unless otherwise noted. General Program? The definitions listed in § 692.4 also § 692.10 [Amended] Sec. 692.90 What is the Grants for Access and apply to the GAP Program. 45. Section 692.10 is amended by: Persistence Program? (Authority: 20 U.S.C. 1070c–3a) A. In paragraph (a)(1), adding the 692.91 What other regulations apply to the words ‘‘for the programs under this GAP Program? § 692.93 Who is eligible to participate in part’’ after the number ‘‘1979’’. 692.92 What definitions apply to the GAP the GAP Program? B. In paragraph (a)(2), removing the Program? (a) States. States that meet the word ‘‘If’’ and adding, in its place, the 692.93 Who is eligible to participate in the GAP Program? requirements in §§ 692.94 and 692.100 words ‘‘For the programs under this 692.94 What requirements must a State are eligible to receive payments under part, if’’. satisfy, as the administrator of a the GAP Program. C. In paragraph (a)(2), removing the partnership, to receive GAP Program (b) Degree-granting institutions of word ‘‘LEAP’’ each time it appears. funds? higher education. Degree-granting

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institutions of higher education that How Does a State Apply To Participate participates in the State’s LEAP Program meet the requirements in § 692.101 are in GAP? under subpart A of this part to eligible to participate in a partnership participate in the partnership; § 692.100 What requirements must a State under the GAP Program. meet to receive an allotment under this (e) Make determinations and early (c) Early information and program? notifications of assistance; (f) Ensure that the non-Federal funds intervention, mentoring, or outreach For a State to receive an allotment used as matching funds represent programs. Early information and under the GAP Program, the State dollars that are in excess of the total intervention, mentoring, or outreach agency that administers the State’s dollars that a State spent for need-based programs that meet the requirements in LEAP Program under subpart A of this part must— grants, scholarships, and work-study § 692.101 are eligible to participate in a assistance for fiscal year 1999, including partnership under the GAP Program. (a) Submit an application on behalf of a partnership in accordance with the the State funds reported for the (d) Philanthropic organizations or provisions in § 692.20 at such time, in programs under this part; private corporations. Philanthropic such manner, and containing such (g) Provide an assurance that, for the organizations or private corporations information as the Secretary may fiscal year prior to the fiscal year for that meet the requirements in § 692.101 require including— which the State is requesting Federal are eligible to participate in a (1) A description of— funds, the amount the State expended partnership under the GAP Program. (i) The State’s plan for using the from non-Federal sources per student, (e) Students. Students who meet the Federal funds allotted under this or the aggregate amount the State requirements of § 692.120 are eligible to subpart and the non-Federal matching expended, for all the authorized receive assistance or services from a funds; and activities in § 692.111 will be no less than the amount the State expended partnership under the GAP Program. (ii) The methods by which matching funds will be paid; from non-Federal sources per student, (Authority: 20 U.S.C. 1070c–3a) (2) An assurance that the State will or in the aggregate, for those activities provide matching funds in accordance for the second fiscal year prior to the § 692.94 What requirements must a State with § 692.113; fiscal year for which the State is satisfy, as the administrator of a (3) An assurance that the State will partnership, to receive GAP Program requesting Federal funds; and use Federal GAP funds to supplement, funds? (h) Provide for reports to the Secretary and not supplant, Federal and State that are necessary to carry out the To receive GAP Program funds for any funds available for carrying out the Secretary’s functions under the GAP fiscal year— activities under Title IV of the HEA; Program. (a) A State must— (4) An assurance that early information and intervention, (Approved by the Office of Management and Budget under control number 1845–NEW7) (1) Participate in the LEAP Program; mentoring, or outreach programs exist (2) Establish a State partnership within the State or that there is a plan (Authority: 20 U.S.C. 1070c–3a) with— to make these programs widely § 692.101 What requirements must be met (i) At least— available; by a State partnership? (5) A description of the organizational (a) State. A State that is receiving an (A) One public degree-granting structure that the State has in place to allotment under this subpart must meet institution of higher education that is administer the program, including a the requirements under §§ 692.94 and located in the State; and description of how the State will 692.100. compile information on degree (B) One private degree-granting (b) Degree-granting institution of completion of students receiving grants institution of higher education, if at higher education. A degree-granting under this subpart; least one exists in the State that may be institution of higher education that is in eligible to participate in the State’s (6) A description of the steps the State will take to ensure, to the extent a partnership under this subpart— LEAP Program under subpart A of this (1) Must participate in the State’s part; practicable, that students who receive a LEAP Grant under GAP persist to degree LEAP Program under subpart A of this (ii) New or existing early information completion; part; and intervention, mentoring, or (7) An assurance that the State has a (2) Must recruit and admit outreach programs located in the State; method in place, such as acceptance of participating eligible students and and the automatic zero expected family provide additional institutional grant aid to participating students as agreed to (iii) At least one philanthropic contribution under section 479(c) of the with the State agency; organization located in, or that provides HEA, to identify eligible students and (3) Must provide support services to funding in, the State, or private award LEAP Grants under GAP to such students who receive LEAP Grants corporation located in, or that does students; under GAP and are enrolled at the business in, the State; (8) An assurance that the State will provide notification to eligible students institution; (3) Meet the requirements in that grants under this subpart are LEAP (4) Must assist the State in the § 692.100; and Grants and are funded by the Federal identification of eligible students and (4) Have a program under this subpart Government and the State, and, where the dissemination of early notifications that satisfies the requirements in applicable, other contributing partners. of assistance as agreed to with the State § 692.21(a), (e), (f), (g), and (j). (b) Serve as the primary agency; and (5) May provide funding or services (b) A State may provide an early administrative unit for the partnership; (c) Provide or coordinate non-Federal for early information and intervention, information and intervention, share funds, and coordinate activities mentoring, or outreach programs. mentoring, or outreach program under among partners; (c) Early information and paragraph (a)(2)(ii) of this section. (d) Encourage each institution of intervention, mentoring, or outreach (Authority: 20 U.S.C. 1070c–3a) higher education in the State that program. An early information and

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intervention, mentoring, or outreach allotted to each State in the prior fiscal subpart shall annually notify potentially program that is in a partnership under year bears to the amount of Federal GAP eligible students in grades 7 through 12 this subpart shall provide direct funds allotted to all States in the prior in the State, and their families, of their services, support, and information to fiscal year. potential eligibility for student financial participating students. (b) The Secretary allots funds assistance, including a LEAP Grant (d) Philanthropic organization or available for reallotment in a fiscal year under GAP, to attend a LEAP- private corporation. A philanthropic in accordance with the provisions of participating institution of higher organization or private corporation in a paragraph (a) of this section used to education. partnership under this subpart shall calculate initial allotments for the fiscal (2) The notice shall include— provide non-Federal funds for LEAP year. (i) Information about early Grants under GAP for participating (c) Any funds made available for the information and intervention, students or provide funds or support for program under this subpart but not mentoring, or outreach programs early information and intervention, expended may be allotted or reallotted available to the student; mentoring, or outreach programs. for the program under subpart A of this (ii) Information that a student’s eligibility for a LEAP Grant under GAP (Approved by the Office of Management and part. Budget under control number 1845–NEW7) (Authority: 20 U.S.C. 1070c–3a) is enhanced through participation in an early information and intervention, (Authority: 20 U.S.C. 1070c–3a) § 692.111 For what purposes may a State mentoring, or outreach program; What Is the Amount of Assistance and use its payment under the GAP Program? (iii) An explanation that student and How May It Be Used? (a) Establishment of a partnership. family eligibility for, and participation Each State receiving an allotment under in, other Federal means-tested programs § 692.110 How does the Secretary allot this subpart shall use the funds to may indicate eligibility for a LEAP funds to the States? establish a partnership to award grants Grant under GAP and other student aid (a)(1) The Secretary allots to each to eligible students in order to increase programs; State participating in the GAP Program the amount of financial assistance (iv) A nonbinding estimate of the total an amount of the funds available for the students receive under this subpart for amount of financial aid that an eligible GAP Program based on the ratio used to undergraduate education expenses. student with a similar income level may allot the State’s Federal LEAP funds (b) Amount of LEAP Grants under expect to receive, including an estimate under § 692.10(a). GAP. (1) The amount of a LEAP Grant of the amount of a LEAP Grant under (2) If a State meets the requirements under GAP by a State to an eligible GAP and an estimate of the amount of of § 692.113(b) for a fiscal year, the student shall be not less than— grants, loans, and all other available number of students under § 692.10(a) for (i) The average undergraduate in-State types of aid from the major Federal and the State is increased to 125 percent in tuition and mandatory fees for full-time State financial aid programs; determining the ratio in paragraph (a) of students at the public institutions of (v) An explanation that in order to be this section for that fiscal year. higher education in the State where the eligible for a LEAP Grant under GAP, at (3) Notwithstanding paragraph (a)(1) student resides that are the same type of a minimum, a student shall— and (2) of this section— institution that the student attends (A) Meet the eligibility requirements (i) If the Federal GAP funds available (four-year degree-granting, two-year under § 692.120; and from the appropriation for a fiscal year degree-granting, or non-degree- (B) Enroll at a LEAP-participating are sufficient to allot to each State that granting); minus institution of higher education in the participated in the prior year the same (ii) Other Federal and State aid the State of the student’s residence or an amount of Federal GAP funds allotted in student receives. out-of-State institution if the State elects the prior fiscal year, but are not (2) The Secretary determines the to make LEAP Grants under GAP for sufficient both to allot the same amount average undergraduate in-State tuition attendance at out-of-State institutions in of Federal GAP funds allotted in the and mandatory fees for full-time accordance with paragraph (c)(2) of this prior fiscal year to these States and also students at public institutions in a State section; to allot additional funds to additional weighted by enrollment using the most (vi) Any additional requirements that States in accordance with the ratio used recent data reported by institutions in the State may require for receipt of a to allot the States’ Federal LEAP funds the State to the Integrated Postsecondary LEAP Grant under GAP in accordance under § 692.10(a), the Secretary allots— Education Data System (IPEDS) with § 692.120(a)(4); and (A) To each State that participated in administered by the National Center for (vii) An explanation that a student is the prior year, the amount the State Educational Statistics. required to file a Free Application for received in the prior year; and (c) Institutional participation. (1) A Federal Student Aid to determine his or (B) To each State that did not State receiving an allotment under this her eligibility for Federal and State participate in the prior year, an amount subpart may restrict the use of LEAP financial assistance and may include a of Federal GAP funds available to States Grants under GAP only to students provision that eligibility for an award is based on the ratio used to allot the attending institutions of higher subject to change based on— State’s Federal LEAP funds under education that are participating in the (A) A determination of the student’s § 692.10(a); and partnership. financial eligibility at the time of the (ii) If the Federal GAP funds available (2) If a State provides LEAP Grants student’s enrollment at a LEAP- from the appropriation for a fiscal year under subpart A of this part to students participating institution of higher are not sufficient to allot to each State attending institutions of higher education or an out-of-State institution that participated in the prior year at education located in another State, in accordance with paragraph (c)(2) of least the amount of Federal GAP funds LEAP Grants under GAP may be used at this section; allotted in the prior fiscal year, the institutions of higher education located (B) Annual Federal and State Secretary allots to each State an amount in another State. spending for higher education; and which bears the same ratio to the (d) Early notification to potentially (C) Other aid received by the student amount of Federal GAP funds available eligible students. (1) Each State at the time of the student’s enrollment as the amount of Federal GAP funds receiving an allotment under this at the institution of higher education.

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(e) Award notification. (1) Once a (D) Is considered to be estimated (2) Has graduated from secondary student, including a student who has financial assistance under 34 CFR part school or, for a home-schooled student, received early notification under 673.5(c); and has completed a secondary education; paragraph (d) of this section, applies for (3) May be funds from the State, (3)(i) Has received, or is receiving, a admission to an institution that is a institutions of higher education, or LEAP Grant under GAP for each year partner in the partnership of the State of philanthropic organizations or private the student remains eligible for the student’s residence, files a Free corporations that are used to make assistance under this subpart; or Application for Federal Student Aid and LEAP Grants under GAP. (ii) Meets at least two of the following any related State form, and is (b) The non-Federal match of the criteria— determined eligible by the State, the Federal allotment shall be— (A) As designated by the State, either State shall— (1) Forty-three percent of the has an EFC equal to zero, as determined (i) Issue the student a preliminary expenditures under this subpart if a under part F of the HEA, or a award certificate for a LEAP Grant State applies for a GAP allotment in comparable alternative based on the under GAP with estimated award partnership with— State’s approved criteria for the LEAP amounts; and (i) Any number of degree-granting Program under subpart A of this part; (ii) Inform the student that the institutions of higher education in the (B) Qualifies for the State’s maximum payment of the grant is subject to State whose combined full-time undergraduate award for LEAP Grants certification of enrollment and enrollment represents less than a under subpart A of this part in the eligibility by the institution. majority of all students attending award year in which the student is (2) If a student enrolls in an institutions of higher education in the receiving an additional LEAP Grant institution that is not a partner in the State as determined by the Secretary under GAP; or partnership of the student’s State of using the most recently available data (C) Is participating in, or has residence but the State has not restricted from IPEDS; and participated in, a Federal, State, eligibility to students enrolling in (ii) One or both of the following— institutional, or community early partner institutions, including, if (A) Philanthropic organizations that information and intervention, applicable, out-of-State institutions, the are located in, or that provide funding mentoring, or outreach program, as State shall, to the extent practicable, in, the State; or determined by the State agency follow the procedures of paragraph (B) Private corporations that are administering the programs under this (e)(1) of this section. located in, or that do business in, the part; and State; and (4) Any additional requirements that (Approved by the Office of Management and (2) Thirty-three and thirty-four one- the State may require for receipt of a Budget under control number 1845–NEW7) hundredths percent of the expenditures LEAP Grant under GAP. (Authority: 20 U.S.C. 1070c–3a) under this subpart if a State applies for (b) Priority. In awarding LEAP Grants a GAP allotment in partnership with— under GAP, a State shall give priority to § 692.112 May a State use the funds it receives from the GAP Program to pay (i) Any number of degree-granting students meeting all the criteria in administrative costs? institutions of higher education in the paragraph (a)(3)(i) of this section. State whose combined full-time (c) Duration of eligibility. (1) A (a) A State that receives an allotment enrollment represents a majority of all student may receive a LEAP Grant under this subpart may reserve not more students attending institutions of higher under GAP if the student continues to than two percent of the funds made education in the State as determined by demonstrate that he or she is financially available annually for State the Secretary using the most recently eligible by meeting the provisions of administrative functions required for available data from IPEDS; and paragraph (a)(3)(ii)(A) or (B) of this administering the partnership and other (ii) One or both of the following— section. program activities. (A) Philanthropic organizations that (2) A State may impose reasonable (b) A State must use not less than are located in, or that provide funding time limits to degree completion. ninety-eight (98) percent of an allotment in, the State; or (Authority: 20 U.S.C. 1070c–3a) under this subpart to make LEAP Grants (B) Private corporations that are under GAP. located in, or that do business in, the How Does the Secretary Approve a (Authority: 20 U.S.C. 1070c–3a) State. Waiver of Program Requirements? (c) Nothing in this part shall be § 692.130 How does a participating § 692.113 What are the matching interpreted as limiting a State or other requirements for the GAP Program? institution request a waiver of program member of a partnership from requirements? (a) The matching funds of a expending funds to support the (a) The Secretary may grant, upon the partnership— activities of a partnership under this request of an institution participating in (1) Shall be funds used for making subpart that are in addition to the funds a partnership that meets the LEAP Grants to eligible students under matching the Federal allotment. requirements of § 692.113(b)(2), a this subpart; (Authority: 20 U.S.C. 1070c–3a) waiver for the institution from statutory (2) May be— or regulatory requirements that inhibit (i) Cash; or How Does the Partnership Select Students under the GAP Program? the ability of the institution to (ii) A noncash, in-kind contribution successfully and efficiently participate that— § 692.120 What are the requirements for in the activities of the partnership. (A) Is fairly evaluated; student eligibility? (b) An institution must submit a (B) Has monetary value, such as a (a) Eligibility. A student is eligible to request for a waiver through the State tuition waiver or provision of room and receive a LEAP Grant under GAP if the agency administering the partnership. board, or transportation; student— (c) The State agency must forward to (C) Helps a student meet the cost of (1) Meets the relevant eligibility the Secretary, in a timely manner, the attendance at an institution of higher requirements contained in 34 CFR request made by the institution and may education; and 668.32; include any additional information or

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recommendations that it deems appropriate for the Secretary’s (Authority: 20 U.S.C. 1070c–3a) consideration. BILLING CODE 4000–01–P

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[FR Doc. E9–18550 Filed 8–20–09; 8:45 am] BILLING CODE 4000–01–C

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Part III

Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use 601–2545; (These are not toll-free URBAN DEVELOPMENT only’’ recipients of the property will be numbers). required to relocate the building to their [Docket No. FR–5280–N–32] Dated: August 13, 2009. own site at their own expense. Mark R. Johnston, Homeless assistance providers Federal Property Suitable as Facilities Deputy Assistant Secretary for Special Needs. To Assist the Homeless interested in any such property should send a written expression of interest to TITLE V, FEDERAL SURPLUS PROPERTY AGENCY: Office of the Assistant HHS, addressed to Theresa Rita, PROGRAM FEDERAL REGISTER REPORT Secretary for Community Planning and Division of Property Management, FOR 08/21/2009 Development, HUD. Program Support Center, HHS, room Suitable/Available Properties ACTION: Notice. 5B–17, 5600 Fishers Lane, Rockville, MD 20857; (301) 443–2265. (This is not Building SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the Alaska unutilized, underutilized, excess, and interested provider an application Bldg. 00001 surplus Federal property reviewed by packet, which will include instructions Kiana Natl Guard Armory HUD for suitability for possible use to for completing the application. In order Kiana AK 99749 assist the homeless. to maximize the opportunity to utilize a Landholding Agency: Army suitable property, providers should Property Number: 21200340075 FOR FURTHER INFORMATION CONTACT: Status: Excess Kathy Ezzell, Department of Housing submit their written expressions of Comments: 1200 sq. ft., butler bldg., needs and Urban Development, 451 Seventh interest as soon as possible. For repair, off-site use only Street, SW., Room 7266, Washington, complete details concerning the Bldg. 00001 DC 20410; telephone (202) 708–1234; processing of applications, the reader is Holy Cross Armory TTY number for the hearing- and encouraged to refer to the interim rule High Cross AK 99602 speech-impaired (202) 708–2565 (these governing this program, 24 CFR part Landholding Agency: Army telephone numbers are not toll-free), or 581. Property Number: 21200710051 call the toll-free Title V information line For properties listed as suitable/to be Status: Excess Comments: 1200 sq. ft. armory, off-site use at 800–927–7588. excess, that property may, if subsequently accepted as excess by only SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the Bldg. 105 accordance with 24 CFR part 581 and homeless in accordance with applicable Ft. Richardson section 501 of the Stewart B. McKinney law, subject to screening for other Ft. Richardson AK 99505 Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Landholding Agency: Army Property Number: 21200820144 11411), as amended, HUD is publishing HUD will publish the property in a this Notice to identify Federal buildings Status: Excess Notice showing it as either suitable/ Comments: 4992 sq. ft., most recent use— and other real property that HUD has available or suitable/unavailable. reviewed for suitability for use to assist housing, off-site use only For properties listed as suitable/ Bldgs. 112, 113, 114, 115 the homeless. The properties were unavailable, the landholding agency has reviewed using information provided to Ft. Richardson decided that the property cannot be Ft. Richardson AK 99505 HUD by Federal landholding agencies declared excess or made available for Landholding Agency: Army regarding unutilized and underutilized use to assist the homeless, and the Property Number: 21200820145 buildings and real property controlled property will not be available. Status: Excess by such agencies or by GSA regarding Properties listed as unsuitable will Comments: 5184 sq. ft., most recent use— its inventory of excess or surplus not be made available for any other housing, off-site use only Federal property. This Notice is also purpose for 20 days from the date of this Bldgs. 120, 129, 139, 148 published in order to comply with the Notice. Homeless assistance providers Ft. Richardson December 12, 1988 Court Order in interested in a review by HUD of the Ft. Richardson AK 99505 National Coalition for the Homeless v. determination of unsuitability should Landholding Agency: Army Veterans Administration, No. 88–2503– call the toll free information line at 1– Property Number: 21200820146 OG (D.D.C.). Status: Excess 800–927–7588 for detailed instructions Comments: 4766 sq. ft., most recent use— Properties reviewed are listed in this or write a letter to Mark Johnston at the housing, off-site use only Notice according to the following address listed at the beginning of this Bldg. 136 categories: Suitable/available, suitable/ Notice. Included in the request for Ft. Richardson unavailable, suitable/to be excess, and review should be the property address Ft. Richardson AK 99505 unsuitable. The properties listed in the (including zip code), the date of Landholding Agency: Army three suitable categories have been publication in the Federal Register, the Property Number: 21200820147 reviewed by the landholding agencies, landholding agency, and the property Status: Excess and each agency has transmitted to number. Comments: 2383 sq. ft., most recent use— HUD: (1) Its intention to make the For more information regarding housing, off-site use only property available for use to assist the particular properties identified in this Bldgs. 366, 367, 371, 373 homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Ft. Richardson property excess to the agency’s needs, or sanitary facilities, exact street address), Ft. Richardson AK 99505 (3) a statement of the reasons that the providers should contact the Landholding Agency: Army Property Number: 21200820148 property cannot be declared excess or appropriate landholding agencies at the Status: Excess made available for use as facilities to following addresses: Army: Ms. Comments: 13,743 sq. ft., most recent use— assist the homeless. Veronica Rines, Department of the housing, off-site use only Properties listed as suitable/available Army, Office of the Assistant Chief of Bldgs. 369, 372 will be available exclusively for Staff for Installation Management, Ft. Richardson homeless use for a period of 60 days DAIM–ZS, Room 8536, 2511 Jefferson Ft. Richardson AK 99505 from the date of this Notice. Where Davis Hwy., Arlington, VA 22202; (703) Landholding Agency: Army

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Property Number: 21200820149 Comments: 2024 sq. ft. sq. ft., concrete, poor Ft. Benning Co: Muscogee GA 31905 Status: Excess condition, off-site use only Landholding Agency: Army Comments: 12,642 sq. ft., most recent use— Bldg. 00052 Property Number: 21199930135 housing, off-site use only Moffett Community Housing Status: Unutilized Bldgs. 392, 394 Vernon Ave. Comments: 400 sq. ft., most recent use— Ft. Richardson Santa Clara CA 94035 storage, off-site use only Ft. Richardson AK 99505 Landholding Agency: Army Bldg. 5993 Landholding Agency: Army Property Number: 21200930002 Fort Benning Property Number: 21200820150 Status: Unutilized Ft. Benning Co: Muscogee GA 31905 Status: Excess Comments: 4530 sq ft., most recent use— Landholding Agency: Army Comments: 18,496 sq. ft., most recent use— mini mart/meeting rooms, off-site use only Property Number: 21199930136 housing, off-site use only Colorado Status: Unutilized Comments: 960 sq. ft., most recent use— 12 Bldgs. Bldgs. 25, 26, 27 storage, off-site use only Ft. Richardson Pueblo Chemical Depot Bldg. T–1003 Ft. Richardson AK 99505 Pueblo CO 81006 Fort Stewart Landholding Agency: Army Landholding Agency: Army Hinesville Co: Liberty GA 31514 Property Number: 21200820151 Property Number: 21200420178 Landholding Agency: Army Status: Excess Status: Unutilized Property Number: 21200030085 Directions: 413, 414, 415, 416, 417, 418, 424, Comments: 1311 sq. ft., presence of asbestos/ 425, 427, 428, 429, 431 Status: Excess lead paint, most recent use—housing, off- Comments: 9267 sq. ft., poor condition, most Comments: 13,056 sq. ft., most recent use— site use only housing, off-site use only recent use—admin., off-site use only Bldg. 00127 Bldg. T0130 5 Bldgs. Pueblo Chemical Depot Fort Richardson Fort Stewart Pueblo CO 81006 Hinesville Co: Liberty GA 31314–5136 Anchorage AK 99505 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200420179 Property Number: 21200230041 Property Number: 21200930001 Status: Unutilized Status: Unutilized Status: Excess Comments: 8067 sq. ft., presence of asbestos, Comments: 10,813 sq. ft., off-site use only Directions: 47434, RANNC, RANOC, RANRC, most recent use—barracks, off-site use only Bldg. T0157 RANZC Bldg. 01516 Comments: 432/256 sq. ft., off-site use only Fort Stewart Fort Carson Hinesville Co: Liberty GA 31314–5136 Arizona El Paso CO 80913 Landholding Agency: Army Bldg. S–306 Landholding Agency: Army Property Number: 21200230042 Yuma Proving Ground Property Number: 21200640116 Status: Excess Yuma Co: Yuma/La Paz AZ 85365–9104 Status: Unutilized Comments: 1440 sq. ft., off-site use only Landholding Agency: Army Comments: 723 sq. ft., needs repair, most recent use—storage, off-site use only Bldgs. T291, T292 Property Number: 21199420346 Fort Stewart Status: Unutilized Georgia Hinesville Co: Liberty GA 31314–5136 Comments: 4103 sq. ft., 2-story, needs major Bldg. 322 Landholding Agency: Army rehab, off-site use only Fort Benning Property Number: 21200230044 Bldg. 503, Yuma Proving Ground Ft. Benning Co: Muscogee GA 31905 Status: Excess Yuma Co: Yuma AZ 85365–9104 Landholding Agency: Army Comments: 5220 sq. ft. each, off-site use only Landholding Agency: Army Property Number: 21199720156 Bldg. T0295 Property Number: 21199520073 Status: Unutilized Fort Stewart Status: Underutilized Comments: 9600 sq. ft., needs rehab, most Hinesville Co: Liberty GA 31314–5136 Comments: 3789 sq. ft., 2-story, major recent use—admin., off-site use only Landholding Agency: Army structural changes required to meet floor Bldg. 2593 Property Number: 21200230045 loading code requirements, presence of Fort Benning Status: Excess asbestos, off-site use only Ft. Benning Co: Muscogee GA 31905 Comments: 5220 sq. ft., off-site use only Bldg. 43002 Landholding Agency: Army Bldg. 4476 Fort Huachuca Property Number: 21199720167 Fort Benning Cochise AZ 85613–7010 Status: Unutilized Ft. Benning Co: Chattachoochee GA 31905 Landholding Agency: Army Comments: 13644 sq. ft., needs rehab, most Landholding Agency: Army Property Number: 21200440066 recent use—parachute shop, off-site use Property Number: 21200420034 Status: Excess only Status: Excess Comments: 23,152 sq. ft., presence of Bldg. 2595 Comments: 3148 sq. ft., most recent use— asbestos/lead paint, most recent use— Fort Benning veh. maint. shop, off-site use only dining, off-site use only Ft. Benning Co: Muscogee GA 31905 Bldg. 9029 Bldg. 90551 Landholding Agency: Army Fort Benning Fort Huachuca Property Number: 21199720168 Ft. Benning Co: Chattachoochee GA 31905 Cochise AZ 85613 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comments: 3356 sq. ft., needs rehab, most Property Number: 21200420050 Property Number: 21200920001 recent use—chapel, off-site use only Status: Excess Status: Excess Bldg. 4232 Comments: 7356 sq. ft., most recent use— Comments: 1270 sq. ft., most recent use— Fort Benning heat plant bldg., off-site use only office, off-site use only Ft. Benning Co: Muscogee GA 31905 Bldg. T924 California Landholding Agency: Army Fort Stewart Bldgs. 18026, 18028 Property Number: 21199830291 Ft. Stewart Co: Liberty GA 31314 Camp Roberts Status: Unutilized Landholding Agency: Army Monterey CA 93451–5000 Comments: 3720 sq. ft., needs rehab, most Property Number: 21200420194 Landholding Agency: Army recent use—maint. bay, off-site use only Status: Excess Property Number: 21200130081 Bldgs. 5974–5978 Comments: 9360 sq. ft., most recent use— Status: Excess Fort Benning warehouse, off-site use only

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Bldg. 00924 Chatham GA 31409 Bldg. 00957 Fort Stewart Landholding Agency: Army Fort Stewart Ft. Stewart Co: Liberty GA 31314 Property Number: 21200740052 Hinesville GA 31314 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200510065 Comments: 10893 sq. ft., most recent use— Property Number: 21200740061 Status: Excess battalion hdqts., off-site use only Status: Excess Comments: 9360 sq. ft., most recent use— Bldg. 00129 Comments: 6072 sq. ft., most recent use— warehouse, off-site use only Hunter Army Airfield recycling facility, off-site use only Bldg. 08585 Chatham GA 31409 Bldg. 00971 Hunter Army Airfield Landholding Agency: Army Fort Stewart Savannah Co: Chatham GA 31409 Property Number: 21200740053 Hinesville GA 31314 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200530078 Comments: 4815 sq. ft., presence of asbestos, Property Number: 21200740062 Status: Excess most recent use—religious education Status: Excess Comments: 165 sq. ft., most recent use— facility, off-site use only Comments: 4000 sq. ft., most recent use— plant, off-site use only Bldg. 00145 vehicle maint., off-site use only Bldg. 01150 Hunter Army Airfield Bldg. 01015 Hunter Army Airfield Chatham GA 31409 Fort Stewart Savannah Co: Chatham GA 31409 Landholding Agency: Army Hinesville GA 31314 Landholding Agency: Army Property Number: 21200740054 Landholding Agency: Army Property Number: 21200610037 Status: Excess Property Number: 21200740063 Status: Excess Comments: 11590 sq. ft., presence of Status: Excess Comments: 137 sq. ft., most recent use—flam asbestos, most recent use—post chapel, off- Comments: 7496 sq. ft., most recent use— mat storage, off-site use only site use only storage, off-site use only Bldg. 01151 Bldg. 00811 Bldg. 01209 Hunter Army Airfield Hunter Army Airfield Fort Stewart Savannah Co: Chatham GA 31409 Chatham GA 31409 Hinesville GA 31314 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200610038 Property Number: 21200740055 Property Number: 21200740064 Status: Excess Status: Excess Status: Excess Comments: 78 sq. ft., most recent use—flam Comments: 42853 sq. ft., most recent use— Comments: 4786 sq. ft., presence of asbestos, mat storage, off-site use only co hq bldg, off-site use only most recent use—vehicle maint., off-site use only Bldg. 01153 Bldg. 00812 Hunter Army Airfield Hunter Army Airfield Bldg. 07335 Savannah Co: Chatham GA 31409 Chatham GA 31409 Fort Stewart Landholding Agency: Army Landholding Agency: Army Hinesville GA 31314 Property Number: 21200610039 Property Number: 21200740056 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21200740065 Comments: 211 sq. ft., most recent use—flam Comments: 1080 sq. ft., most recent use— Status: Excess mat storage, off-site use only power plant, off-site use only Comments: 4400 sq. ft., most recent use— chapel, off-site use only Bldg. 01530 Bldg. 00850 Fort Stewart Hunter Army Airfield Bldg. 245 Liberty GA 31314 Chatham GA 31409 Fort Benning Landholding Agency: Army Landholding Agency: Army Ft. Benning GA 31905 Property Number: 21200610048 Property Number: 21200740057 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21200740178 Comments: 80 sq. ft., most recent use—scale Comments: 108,287 sq. ft., presence of Status: Unutilized house, off-site use only asbestos, most recent use—aircraft hangar, Comments: 1102 sq. ft., most recent use—fld Bldg. 08032 off-site use only ops, off-site use only Fort Stewart Bldg. 00860 Bldg. 2748 Liberty GA 31314 Hunter Army Airfield Fort Benning Landholding Agency: Army Chatham GA 31409 Ft. Benning GA 31905 Property Number: 21200610051 Landholding Agency: Army Landholding Agency: Army Status: Excess Property Number: 21200740058 Property Number: 21200740180 Comments: 2592 sq. ft., needs rehab, most Status: Excess Status: Unutilized recent use—storage/stable, off-site use only Comments: 10679 sq. ft., presence of Comments: 3990 sq. ft., most recent use— Bldg. 07783 asbestos, most recent use—maint. hangar, office, off-site use only Fort Stewart off-site use only Bldg. 3866 Hinesville GA 31314 Bldg. 01028 Fort Benning Landholding Agency: Army Hunter Army Airfield Ft. Benning GA 31905 Property Number: 21200640093 Chatham GA 31409 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200740182 Comments: 8640 sq. ft., most recent use— Property Number: 21200740059 Status: Unutilized maintenance hangar, off-site use only Status: Excess Comments: 944 sq. ft., most recent use— Bldg. 08061 Comments: 870 sq ft., most recent use— office, off-site use only Fort Stewart storage, off-site use only Bldg. 8682 Hinesville GA 31314 Bldg. 00955 Fort Benning Landholding Agency: Army Fort Stewart Ft. Benning GA 31905 Property Number: 21200640094 Hinesville GA 31314 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200740183 Comments: 1296 sq. ft., most recent use— Property Number: 21200740060 Status: Unutilized weather station, off-site use only Status: Excess Comments: 780 sq. ft., most recent use— Bldg. 00100 Comments: 120 sq. ft., most recent use— admin., off-site use only Hunter Army Airfield storage, off-site use only Bldg. 10800

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Fort Benning Landholding Agency: Army Iowa Ft. Benning GA 31905 Property Number: 21200840065 Bldg. 00691 Landholding Agency: Army Status: Excess Iowa Army Ammo Plant Property Number: 21200740184 Directions: 12601, 12602, 12603, 12605, Middletown Co: Des Moines IA 52638 Status: Unutilized 12606, 12607, 12609 Landholding Agency: Army Comments: 16,628 sq. ft., off-site use only Comments: 2953 sq. ft. each, presence of Property Number: 21200510073 Bldgs. 11302, 11303, 11304 asbestos, most recent use—barracks, off- Status: Unutilized Fort Benning site use only Comments: 2581 sq. ft. residence, presence of Ft. Benning GA 31905 9 Bldgs. lead paint, possible asbestos Landholding Agency: Army Fort Stewart Bldg. 00691 Property Number: 21200740185 Hinesville GA 31314 Iowa Army Ammo Plant Status: Unutilized Landholding Agency: Army Middletown Co: Des Moines IA 52638 Comments: various sq. ft., most recent use— Property Number: 21200840066 Landholding Agency: Army ACS center, off-site use only Status: Excess Property Number: 21200520113 Bldg. 0297 Directions: 12610, 12611, 12612, 12613, Status: Unutilized Ft. Benning 12614, 12615, 12616, 12617, 12618 Comments: 2581 sq. ft., presence of asbestos/ Chattahoochie GA 31905 Comments: 2953 sq. ft., presence of asbestos, lead paint, most recent use—residential Landholding Agency: Army most recent use—barracks, off-site use only Kansas Property Number: 21200810045 Bldg. 12619 Bldgs. 7224, 7227, 7612, 7618 Status: Excess Fort Stewart Comments: 4839 sq. ft., most recent use— Fort Riley Hinesville GA 31314 riding stable, off-site use only Geary KS 66442 Landholding Agency: Army Bldg. 3819 Landholding Agency: Army Property Number: 21200840067 Property Number: 21200930010 Ft. Benning Status: Excess Chattahoochie GA 31905 Status: Unutilized Comments: 3099 sq. ft. presence of asbestos, Comments: 52,027/41,892 sq. ft., concrete Landholding Agency: Army most recent use—barracks, off-site use only Property Number: 21200810046 block, most recent use—residential, off-site Bldg. 12682 Status: Excess use only Fort Stewart Comments: 4241 sq. ft., most recent use— Kentucky Hinesville GA 31314 training, off-site use only Landholding Agency: Army Bldgs. 02660, 03706 Bldg. 10802 Property Number: 21200840068 Fort Campbell Ft. Benning Status: Excess Christian KY 42223 Chattahoochie GA 31905 Comments: 120 sq. ft., presence of asbestos, Landholding Agency: Army Landholding Agency: Army most recent use—fuel/POL bldg., off-site Property Number: 21200830003 Property Number: 21200810047 use only Status: Underutilized Status: Excess Comments: 4000 sq. ft. each, off-site use only Comments: 3182 sq. ft., most recent use— Hawaii Louisiana storage, off-site use only P–88 Bldg. 00926 Aliamanu Military Reservation Bldg. 8423, Fort Polk Hunter Army Airfield Honolulu Co: Honolulu HI 96818 Ft. Polk Co: Vernon Parish LA 71459 Savannah GA 31409 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199030324 Property Number: 21199640528 Property Number: 21200840061 Status: Unutilized Status: Underutilized Status: Excess Directions: Approximately 600 feet from Comments: 4172 sq. ft., most recent use— Comments: 1752 sq. ft., most recent use—BN, Main Gate on Aliamanu Drive. barracks HQ bldg., off-site use only Comments: 45,216 sq. ft. underground tunnel Bldg. T7125 Bldg. 01021 complex, pres. of asbestos clean-up Fort Polk Hunter Army Airfield required of contamination, use of respirator Ft. Polk LA 71459 Savannah GA 31409 required by those entering property, use Landholding Agency: Army Landholding Agency: Army limitations Property Number: 21200540088 Property Number: 21200840062 Illinois Status: Unutilized Comments: 1875 sq. ft., off-site use only Status: Excess Bldg. 54 Bldgs. T7163, T8043 Comments: 6855 sq. ft., most recent use— Rock Island Arsenal Fort Polk admin., presence of asbestos, off-site use Rock Island Co: Rock Island IL 61299 Ft. Polk LA 71459 only Landholding Agency: Army Landholding Agency: Army Bldg. 07335 Property Number: 21199620666 Property Number: 21200540089 Fort Stewart Status: Unutilized Status: Unutilized Hinesville GA 31314 Comments: 2000 sq. ft., most recent use—oil Comments: 4073/1923 sq. ft., off-site use only Landholding Agency: Army storage, needs repair, off-site use only Property Number: 21200840063 Bldg. AR112 Maryland Status: Excess Sheridan Reserve Bldg. 0459B Comments: 4400 sq. ft., most recent use— Arlington Heights IL 60052–2475 Aberdeen Proving Ground chapel, off-site use only Landholding Agency: Army Aberdeen Co: Harford MD 21005–5001 Bldg. 07778 Property Number: 21200110081 Landholding Agency: Army Fort Stewart Status: Unutilized Property Number: 21200120106 Hinesville GA 31314 Comments: 1000 sq. ft., off-site use only Status: Unutilized Landholding Agency: Army Bldgs. 634, 639 Comments: 225 sq. ft., poor condition, most Property Number: 21200840064 Fort Sheridan recent use—equipment bldg., off-site use Status: Excess Ft. Sheridan IL 60037 only Comments: 1189 sq. ft., most recent use— Landholding Agency: Army Bldg. 00785 admin., off-site use only Property Number: 21200740186 Aberdeen Proving Ground 7 Bldgs. Status: Unutilized Aberdeen Co: Harford MD 21005–5001 Fort Stewart Comments: 3731/3706 sq. ft., most recent Landholding Agency: Army Hinesville GA 31314 use—classroom/storage, off-site use only Property Number: 21200120107

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Status: Unutilized Aberdeen Proving Ground Comments: 1191 sq. ft., needs rehab, most Comments: 160 sq. ft., poor condition, most Aberdeen Co: Harford MD 21005 recent use—storage, off-site use only recent use—shelter, off-site use only Landholding Agency: Army Bldg. 0449A Bldg. E5239 Property Number: 21200320110 Aberdeen Proving Ground Aberdeen Proving Ground Status: Unutilized Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005–5001 Comments: 944 sq. ft., off-site use only Landholding Agency: Army Landholding Agency: Army Bldg. 00523 Property Number: 21200330112 Property Number: 21200120113 Aberdeen Proving Ground Status: Unutilized Status: Unutilized Aberdeen Co: Harford MD 21005 Comments: 143 sq. ft., needs rehab, most Comments: 230 sq. ft., most recent use— Landholding Agency: Army recent use—substation switch bldg., off-site storage, off-site use only Property Number: 21200320113 use only Bldg. E5317 Status: Unutilized Bldg. 0460 Aberdeen Proving Ground Comments: 3897 sq. ft., most recent use— Aberdeen Proving Ground Aberdeen Co: Harford MD 21005–5001 paint shop, off-site use only Aberdeen Co: Harford MD 21005 Landholding Agency: Army Bldg. 0700B Landholding Agency: Army Property Number: 21200120114 Aberdeen Proving Ground Property Number: 21200330114 Status: Unutilized Aberdeen Co: Harford MD 21005 Status: Unutilized Comments: 3158 sq. ft., presence of asbestos/ Landholding Agency: Army Comments: 1800 sq. ft., needs rehab, most lead paint, most recent use—lab, off-site Property Number: 21200320121 recent use—electrical EQ bldg., off-site use use only Status: Unutilized only Bldg. E5637 Comments: 505 sq. ft., off-site use only Bldg. 00914 Aberdeen Proving Ground Bldg. 01113 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005–5001 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Aberdeen Co: Harford MD 21005 Landholding Agency: Army Property Number: 21200120115 Landholding Agency: Army Property Number: 21200330118 Status: Unutilized Property Number: 21200320128 Status: Unutilized Comments: 312 sq. ft., presence of asbestos/ Status: Unutilized Comments: needs rehab, most recent use— lead paint, most recent use—lab, off-site Comments: 1012 sq. ft., off-site use only safety shelter, off-site use only use only Bldgs. 01124, 01132 Bldg. 00915 Bldg. 219 Aberdeen Proving Ground Aberdeen Proving Ground Ft. George G. Meade Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Ft. Meade Co: Anne Arundel MD 20755 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200320129 Property Number: 21200330119 Property Number: 21200140078 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 740/2448 sq. ft., most recent Comments: 247 sq. ft., needs rehab, most Comments: 8142 sq. ft., presence of asbestos/ use—lab, off-site use only recent use—storage, off-site use only lead paint, most recent use—admin., off- Bldg. 03558 Bldg. 01189 site use only Aberdeen Proving Ground Aberdeen Proving Ground Bldg. 294 Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Ft. George G. Meade Landholding Agency: Army Landholding Agency: Army Ft. Meade Co: Anne Arundel MD 20755 Property Number: 21200320133 Property Number: 21200330126 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200140081 Comments: 18,000 sq. ft., most recent use— Comments: 800 sq. ft., needs rehab, most Status: Unutilized storage, off-site use only recent use—range bldg., off-site use only Comments: 3148 sq. ft., presence of asbestos/ Bldg. 05262 Bldg. E1413 lead paint, most recent use—entomology Aberdeen Proving Ground Aberdeen Proving Ground facility, offsite use only Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Bldg. 1007 Landholding Agency: Army Landholding Agency: Army Ft. George G. Meade Property Number: 21200320136 Property Number: 21200330127 Ft. Meade Co: Anne Arundel MD 20755 Status: Unutilized Status: Unutilized Landholding Agency: Army Comments: 864 sq. ft., most recent use— Comments: needs rehab, most recent use— Property Number: 21200140085 storage, off-site use only observation tower, off-site use only Status: Unutilized Bldg. 05608 Bldg. E3175 Comments: 3108 sq. ft., presence of asbestos/ Aberdeen Proving Ground Aberdeen Proving Ground lead paint, most recent use—storage, off- Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 site use only Landholding Agency: Army Landholding Agency: Army Bldg. 2214 Property Number: 21200320137 Property Number: 21200330134 Fort George G. Meade Status: Unutilized Status: Unutilized Fort Meade Co: Anne Arundel MD 20755 Comments: 1100 sq. ft., most recent use— Comments: 1296 sq. ft., needs rehab, most Landholding Agency: Army maint bldg., off-site use only recent use—hazard bldg., off-site use only Property Number: 21200230054 Bldg. E5645 4 Bldgs. Status: Unutilized Aberdeen Proving Ground Aberdeen Proving Ground Comments: 7740 sq. ft., needs rehab, possible Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 asbestos/lead paint, most recent use— Landholding Agency: Army Landholding Agency: Army storage, offsite use only Property Number: 21200320150 Property Number: 21200330135 Bldg. 00375 Status: Unutilized Status: Unutilized Aberdeen Proving Ground Comments: 548 sq. ft., most recent use— Directions: E3224, E3228, E3230, E3232, Aberdeen Co: Harford MD 21005 storage, off-site use only E3234 Landholding Agency: Army Bldg. 00435 Comments: sq. ft. varies, needs rehab, most Property Number: 21200320107 Aberdeen Proving Ground recent use—lab test bldgs., off-site use only Status: Unutilized Aberdeen Co: Harford MD 21005 Bldg. E3241 Comments: 64 sq. ft., most recent use— Landholding Agency: Army Aberdeen Proving Ground storage, off-site use only Property Number: 21200330111 Aberdeen Co: Harford MD 21005 Bldg. 0385A Status: Unutilized Landholding Agency: Army

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Property Number: 21200330136 Property Number: 21200330162 Property Number: 21200330178 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 592 sq. ft., needs rehab, most Comments: 2730 sq. ft., needs rehab, most Comments: 256/440 sq. ft., needs rehab, most recent use—medical res bldg., off-site use recent use—admin., off-site use only recent use—storage, off-site use only only Bldgs. 05451, 05455 Bldg. E7407, E7408 Bldg. E3300 Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330163 Property Number: 21200330179 Property Number: 21200330139 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 2730/6431 sq. ft., needs rehab, Comments: 1078/762 sq. ft., needs rehab, Comments: 44,352 sq. ft., needs rehab, most most recent use—storage, off-site use only most recent use—decon facility, off-site use recent use—chemistry lab, off-site use only Bldg. 05453 only Bldg. E3335 Aberdeen Proving Ground Bldg. 3070A Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200330164 Landholding Agency: Army Property Number: 21200330144 Status: Unutilized Property Number: 21200420055 Status: Unutilized Comments: 6431 sq. ft., needs rehab, most Status: Unutilized Comments: 400 sq. ft., needs rehab, most recent use—admin., off-site use only Comments: 2299 sq. ft., most recent use— recent use—storage, off-site use only Bldg. E5609 heat plant, off-site use only Bldgs. E3360, E3362, E3464 Aberdeen Proving Ground Bldg. E5026 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200330167 Landholding Agency: Army Property Number: 21200330145 Status: Unutilized Property Number: 21200420056 Status: Unutilized Comments: 2053 sq. ft., needs rehab, most Status: Unutilized Comments: 3588/236 sq. ft., needs rehab, recent use—storage, off-site use only Comments: 20,536 sq. ft., most recent use— most recent use—storage, off-site use only Bldg. E5611 storage, off-site use only Bldg. E3542 Aberdeen Proving Ground Bldg. 05261 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200330168 Landholding Agency: Army Property Number: 21200330148 Status: Unutilized Property Number: 21200420057 Status: Unutilized Comments: 11,242 sq. ft., needs rehab, most Status: Unutilized Comments: 1146 sq. ft., needs rehab, most recent use—hazard bldg., off-site use only Comments: 10,067 sq. ft., most recent use— recent use—lab test bldg., off-site use only Bldg. E5634 maintenance, off-site use only Bldg. E4420 Aberdeen Proving Ground Bldg. E5876 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Aberdeen Co: Harford MD 21005 Landholding Agency: Army Property Number: 21200330169 Landholding Agency: Army Property Number: 21200330151 Status: Unutilized Property Number: 21200440073 Status: Unutilized Comments: 200 sq. ft., needs rehab, most Status: Unutilized Comments: 14,997 sq. ft., needs rehab, most recent use—flammable storage, off-site use Comments: 1192 sq. ft., needs rehab, most recent use—police bldg., off-site use only only recent use—storage, off-site use only 4 Bldgs. Bldg. E5654 Bldg. 00688 Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330154 Property Number: 21200330171 Property Number: 21200530080 Status: Unutilized Status: Unutilized Status: Unutilized Directions: E5005, E5049, E5050, E5051 Comments: 21,532 sq. ft., needs rehab, most Comments: 24,192 sq. ft., most recent use— Comments: sq. ft. varies, needs rehab, most recent use—storage, off-site use only ammo, off-site use only recent use—storage, off-site use only Bldg. E5942 Bldg. 04925 Bldg. E5068 Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330176 Property Number: 21200540091 Property Number: 21200330155 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 2147 sq. ft., needs rehab, most Comments: 1326 sq. ft., off-site use only Comments: 1200 sq. ft., needs rehab, most recent use—igloo storage, off-site use only Bldg. 00255 recent use—fire station, off-site use only Bldgs. E5952, E5953 Aberdeen Proving Ground Bldgs. 05448, 05449 Aberdeen Proving Ground Harford MD 21005 Aberdeen Proving Ground Aberdeen Co: Harford MD 21005 Landholding Agency: Army Aberdeen Co: Harford MD 21005 Landholding Agency: Army Property Number: 21200720052 Landholding Agency: Army Property Number: 21200330177 Status: Unutilized Property Number: 21200330161 Status: Unutilized Comments: 64 sq. ft., most recent use— Status: Unutilized Comments: 100/24 sq. ft., needs rehab, most storage, off-site use only Comments: 6431 sq. ft., needs rehab, most recent use—compressed air bldg., off-site Bldg. 00638 recent use—enlisted UHP, off-site use only use only Aberdeen Proving Ground Bldg. 05450 Bldgs. E7401, E7402 Harford MD 21005 Aberdeen Proving Ground Aberdeen Proving Ground Landholding Agency: Army Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005 Property Number: 21200720053 Landholding Agency: Army Landholding Agency: Army Status: Unutilized

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Comments: 4295 sq. ft., most recent use— Bldgs. E5736, E5846, E5926 Aberdeen Proving Ground storage, off-site use only Aberdeen Proving Ground Harford MD Bldg. 00721 Harford MD 21005 Landholding Agency: Army Aberdeen Proving Ground Landholding Agency: Army Property Number: 21200820084 Harford MD Property Number: 21200720063 Status: Unutilized Landholding Agency: Army Status: Unutilized Comments: 12369 sq. ft., most recent use— Property Number: 21200720054 Comments: 1069/4171/11279 sq. ft., most veh maint, off-site use only recent use—storage, off-site use only Status: Unutilized Bldg. 01091 Comments: 135 sq. ft., most recent use— Bldg. E6890 Aberdeen Proving Ground storage, off-site use only Aberdeen Proving Ground Harford MD Bldgs. 00936, 00937 Harford MD 21005 Landholding Agency: Army Aberdeen Proving Ground Landholding Agency: Army Property Number: 21200820085 Harford MD 21005 Property Number: 21200720064 Status: Unutilized Landholding Agency: Army Status: Unutilized Comments: 2201 sq. ft., most recent use— Property Number: 21200720055 Comments: 1 sq. ft., most recent use—impact storage, off-site use only area, off-site use only Status: Unutilized Bldg. E1386 Comments: 2000 sq. ft., most recent use— Bldg. 00310 Aberdeen Proving Ground storage, off-site use only Aberdeen Proving Ground Harford MD Bldgs. E1410, E1434 Harford MD 21005 Landholding Agency: Army Aberdeen Proving Ground Landholding Agency: Army Property Number: 21200820086 Harford MD 21005 Property Number: 21200820077 Status: Unutilized Landholding Agency: Army Status: Unutilized Comments: 251 sq. ft., most recent use—eng/ Property Number: 21200720056 Comments: 56516 sq. ft., most recent use— mnt, off-site use only Status: Unutilized admin., off-site use only 5 Bldgs. Comments: 2276/3106 sq. ft., most recent Aberdeen Proving Ground use—laboratory, off-site use only Bldg. 00315 Aberdeen Proving Ground Harford MD Bldg. 03240 Harford MD Landholding Agency: Army Aberdeen Proving Ground Landholding Agency: Army Property Number: 21200820087 Harford MD 21005 Property Number: 21200820078 Status: Unutilized Landholding Agency: Army Status: Unutilized Directions: E1440, E1441, E1443, E1445, Property Number: 21200720057 Comments: 74396 sq. ft., most recent use— E1455 Status: Unutilized mach shop, off-site use only Comments: 112 sq. ft., most recent use— Comments: 10,049 sq. ft., most recent use— safety shelter, off-site use only Bldg. 00338 office, off-site use only Bldgs. E1467, E1485 Aberdeen Proving Ground Bldg. E3834 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200820079 Landholding Agency: Army Property Number: 21200820088 Status: Unutilized Property Number: 21200720058 Status: Unutilized Comments: 45443 sq. ft., most recent use— Status: Unutilized Comments: 160/800 sq. ft., most recent use— gnd tran eqp, off-site use only Comments: 72 sq. ft., most recent use—office, storage, off-site use only off-site use only Bldg. 00360 Bldg. E1521 Aberdeen Proving Ground Bldgs. E4465, E4470, E4480 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200820080 Landholding Agency: Army Property Number: 21200820090 Status: Unutilized Property Number: 21200720059 Status: Unutilized Comments: 15287 sq. ft., most recent use— Status: Unutilized Comments: 1200 sq. ft., most recent use— general inst., off-site use only Comments: 17658/16876/17,655 sq. ft., most overhead protection, off-site use only recent use—office, off-site use only Bldg. 00445 Bldg. E1570 Bldgs. E5137, 05219 Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Proving Ground Harford MD Harford MD Harford MD 21005 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200820081 Property Number: 21200820091 Property Number: 21200720060 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 6367 sq. ft., most recent use—lab, Comments: 47027 sq. ft., most recent use— Comments: 3700/8175 sq. ft., most recent off-site use only office, off-site use only use—office, off-site use only Bldg. 00851 Bldg. E1572 Bldg. E5236 Aberdeen Proving Ground Aberdeen Proving Ground Aberdeen Proving Ground Harford MD Harford MD Harford MD 21005 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200820082 Property Number: 21200820092 Property Number: 21200720061 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 694 sq. ft., most recent use— Comments: 1402 sq. ft., most recent use— Comments: 10,325 sq. ft., most recent use— range bldg., off-site use only maint., off-site use only storage, off-site use only E1043 4 Bldgs. Aberdeen Proving Ground Bldg. E5282 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD 21005 Landholding Agency: Army Property Number: 21200820083 Landholding Agency: Army Property Number: 21200820093 Status: Unutilized Property Number: 21200720062 Status: Unutilized Comments: 5200 sq. ft., most recent use—lab, Status: Unutilized Directions: E1645, E1675, E1677, E1930 off-site use only Comments: 4820 sq. ft., most recent use— Comments: various sq. ft., most recent use— hazard bldg., off-site use only Bldg. 01089 office, off-site use only

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Bldgs. E2160, E2184, E2196 Landholding Agency: Army Landholding Agency: Army Aberdeen Proving Ground Property Number: 21200820103 Property Number: 21200820112 Harford MD Status: Unutilized Status: Unutilized Landholding Agency: Army Comments: 10600 sq. ft., most recent use— Comments: 18621/8720 sq. ft., most recent Property Number: 21200820094 admin, off-site use only use—office, off-site use only Status: Unutilized Bldg. E3466 Bldg. E5126 Comments: 12440/13816 sq. ft., most recent Aberdeen Proving Ground Aberdeen Proving Ground use—storage, off-site use only Aberdeen MD Harford MD Bldg. E2174 Landholding Agency: Army Landholding Agency: Army Aberdeen Proving Ground Property Number: 21200820104 Property Number: 21200820113 Harford MD Status: Unutilized Status: Unutilized Landholding Agency: Army Comments: 236 sq. ft., most recent use— Comments: 17664 sq. ft., most recent use— Property Number: 21200820095 protective barrier, off-site use only heat plt, off-site use only Status: Unutilized 4 Bldgs. Bldg. E5128 Comments: 132 sq. ft., off-site use only Aberdeen Proving Ground Aberdeen Proving Ground Bldgs. 02208, 02209 Harford MD Harford MD Aberdeen Proving Ground Landholding Agency: Army Landholding Agency: Army Harford MD Property Number: 21200820105 Property Number: 21200820114 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200820096 Directions: E3510, E3570, E3640, E3832 Comments: 3750 sq. ft., most recent use— Status: Unutilized Comments: various sq. ft., most recent use— substation, off-site use only Comments: 11566/18085 sq. ft., most recent lab, off-site use only Bldg. E5188 use—lodging, off-site use only Bldg. E3544 Aberdeen Proving Ground Bldg. 02353 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820115 Landholding Agency: Army Property Number: 21200820106 Status: Unutilized Property Number: 21200820097 Status: Unutilized Comments: 22790 sq. ft., most recent use— Status: Unutilized Comments: 5400 sq. ft., most recent use—ind lab, off-site use only Comments: 19252 sq. ft., most recent use— waste, off-site use only Bldg. E5179 veh maint, off-site use only Bldgs. E3561, 03751 Aberdeen Proving Ground Bldgs. 02482, 02484 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820116 Landholding Agency: Army Property Number: 21200820107 Status: Unutilized Property Number: 21200820098 Status: Unutilized Comments: 47335 sq. ft., most recent use— Status: Unutilized Comments: 64/189 sq. ft., most recent use— info sys, off-site use only Comments: 8359 sq. ft., most recent use—gen access cnt fac, off-site use only Bldg. E5190 purp, off-site use only Bldg. 03754 Aberdeen Proving Ground Bldg. 02483 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820117 Landholding Agency: Army Property Number: 21200820108 Status: Unutilized Property Number: 21200820099 Status: Unutilized Comments: 874 sq. ft., most recent use— Status: Unutilized Comments: 324 sq. ft., most recent use— storage, off-site use only Comments: 1360 sq. ft., most recent use— classroom, off-site use only Bldg. 05223 heat plt, off-site use only Bldg. 3823A Aberdeen Proving Ground Bldgs. 02504, 02505 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820118 Landholding Agency: Army Property Number: 21200820109 Status: Unutilized Property Number: 21200820100 Status: Unutilized Comments: 6854 sq. ft., most recent use—gen Status: Unutilized Comments: 113 sq. ft., most recent use— rep inst, off-site use only Comments: 11720/17434 sq. ft., most recent shed, off-site use only Bldgs. 05259, 05260 use—lodging, off-site use only Bldg. E3948 Aberdeen Proving Ground Bldgs. 02831, E3488 Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820119 Landholding Agency: Army Property Number: 21200820110 Status: Unutilized Property Number: 21200820101 Status: Unutilized Comments: 10067 sq. ft., most recent use— Status: Unutilized Comments: 3420 sq. ft., most recent use— maint, off-site use only Comments: 576/64 sq. ft., most recent use— emp chg fac, off-site use only Bldgs. 05263, 05264 access cnt fac, off-site use only 4 Bldgs. Aberdeen Proving Ground Bldg. 2831A Aberdeen Proving Ground Harford MD Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21200820120 Landholding Agency: Army Property Number: 21200820111 Status: Unutilized Property Number: 21200820102 Status: Unutilized Comments: 200 sq. ft., most recent use—org Status: Unutilized Directions: E5057, E5058, E5246, 05258 space, off-site use only Comments: 1200 sq. ft., most recent use— Comments: various sq. ft., most recent use— 5 Bldgs. overhead protection, off-site use only storage, off-site use only Aberdeen Proving Ground Bldg. 03320 Bldgs. E5106, 05256 Harford MD Aberdeen Proving Ground Aberdeen Proving Ground Landholding Agency: Army Harford MD Harford MD Property Number: 21200820121

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Status: Unutilized Property Number: 21200820130 Bldg. 2167 Directions: 05267, E5294, E5327, E5441, Status: Unutilized Fort Leonard Wood E5485 Comments: 2147 sq. ft., most recent use— Ft. Leonard Wood Co: Pulaski MO 65473– Comments: various sq. ft., most recent use— igloo str, off-site use only 5000 storage, off-site use only Bldg. E6872 Landholding Agency: Army Bldg. E5292 Aberdeen Proving Ground Property Number: 21199820179 Aberdeen Proving Ground Harford MD Status: Unutilized Harford MD Landholding Agency: Army Comments: 1296 sq. ft., presence of asbestos/ Landholding Agency: Army Property Number: 21200820131 lead paint, most recent use—admin., off- Property Number: 21200820122 Status: Unutilized site use only Status: Unutilized Comments: 1380 sq. ft., most recent use— Bldgs. 2192, 2196, 2198 Comments: 1166 sq. ft., most recent use— dispatch, off-site use only Fort Leonard Wood comp rep inst, off-site use only Bldgs. E7331, E7332, E7333 Ft. Leonard Wood Co: Pulaski MO 65473– Bldg. E5380 Aberdeen Proving Ground 5000 Aberdeen Proving Ground Harford MD Landholding Agency: Army Harford MD Landholding Agency: Army Property Number: 21199820183 Landholding Agency: Army Property Number: 21200820132 Status: Unutilized Property Number: 21200820123 Status: Unutilized Comments: 4720 sq. ft., presence of asbestos/ Status: Unutilized Comments: most recent use—protective lead paint, most recent use—barracks, off- Comments: 9176 sq. ft., most recent use—lab, barrier, off-site use only site use only off-site use only Bldg. E7821 12 Bldgs. Bldg. E5452 Aberdeen Proving Ground Fort Leonard Wood Aberdeen Proving Ground Harford MD Ft. Leonard Wood Co: Pulaski MO 65743– Harford MD Landholding Agency: Army 8944 Landholding Agency: Army Property Number: 21200820133 Landholding Agency: Army Property Number: 21200820124 Status: Unutilized Property Number: 21200410110 Status: Unutilized Comments: 3500 sq. ft., most recent use— Status: Unutilized Comments: 9623 sq. ft., off-site use only xmitter bldg, off-site use only Directions: 07036,07050,07054,07102,07400, 07401,08245,08249 08251,08255,08257, Bldg. 05654 Bldg. 02483 08261. Aberdeen Proving Ground Aberdeen Proving Ground Comments: 7152 sq. ft. 6 plex housing Harford MD Harford MD 21005 Landholding Agency: Army quarters, potential contaminants, off-site Landholding Agency: Army use only. Property Number: 21200820125 Property Number: 21200920025 Status: Unutilized Status: Unutilized 6 Bldgs. Comments: 38 sq. ft. most recent use—shed, Comments: 1360 sq. ft., most recent use— Fort Leonard Wood off-site use only heat plt bldg., off-site use only Ft. Leonard Wood Co: Pulaski MO 65743– 8944 Bldg. 05656 Bldg. 03320 Aberdeen Proving Ground Landholding Agency: Army Aberdeen Proving Ground Property Number: 21200410111 Harford MD Harford MD 21005 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Directions: 07044,07106,07107,08260,08281, Property Number: 21200820126 Property Number: 21200920026 Status: Unutilized 08300 Status: Unutilized Comments: 9520 sq ft., 8 plex housing Comments: 2240 sq. ft., most recent use— Comments: 10,600 sq. ft., most recent use— admin., off-site use only quarters, potential contaminants, off-site overhead protection off-site use only use only. 5 Bldgs. Missouri 15 Bldgs. Aberdeen Proving Ground Bldg. T1497 Fort Leaonard Wood Harford MD Fort Leonard Wood Ft. Leonard Wood Co: Pulaski MO 65743– Landholding Agency: Army Ft. Leonard Wood Co: Pulaski MO 65473– 8944 Property Number: 21200820127 5000 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 21200410112 Directions: E5730, E5738, E5915, E5928, Property Number: 21199420441 Status: Unutilized E6875 Status: Underutilized Directions: 08242,08243,08246–08248, Comments: various sq. ft., most recent use— Comments: 4720 sq. ft., 2-story, presence of 08250,08252–08254,08256, 08258–08259, storage, off-site use only lead base paint, most recent use—admin/ 08262–08263,08265 Bldg. E5770 gen. purpose, off-site use only Comments: 4784 sq ft., 4 plex housing Aberdeen Proving Ground Bldg. T2139 quarters, potential contaminants, off-site Harford MD Fort Leonard Wood use only. Landholding Agency: Army Ft. Leonard Wood Co: Pulaski MO 65473– Bldgs. 08283, 08285 Property Number: 21200820128 5000 Fort Leonard Wood Status: Unutilized Landholding Agency: Army Ft. Leonard Wood Co: Pulaski MO 65743– Comments: 174 sq. ft., most recent use—cent Property Number: 21199420446 8944 wash, off-site use only Status: Underutilized Landholding Agency: Army Bldg. E5840 Comments: 3663 sq. ft., 1-story, presence of Property Number: 21200410113 Aberdeen Proving Ground lead base paint, most recent use—admin/ Status: Unutilized Harford MD gen. purpose, off-site use only Comments: 2240 sq ft, 2 plex housing Landholding Agency: Army Bldg. T2385 quarters, potential contaminants, off-site Property Number: 21200820129 Fort Leonard Wood use only Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473 15 Bldgs. Comments: 14200 sq. ft., most recent use— Landholding Agency: Army Fort Leonard Wood lab, off-site use only Property Number: 21199510115 Ft. Leonard Wood Co: Pulaski MO 65743– Bldg. E5946 Status: Excess 0827 Aberdeen Proving Ground Comments: 3158 sq. ft., 1-story, wood frame, Landholding Agency: Army Harford MD most recent use—admin., to be vacated 8/ Property Number: 21200410114 Landholding Agency: Army 95, off-site use only Status: Unutilized

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Directions: 08267,08269,08271, Property Number: 21199740315 Lawton Co: Comanche OK 73503–5100 08273,08275,08277,08279,08290 Status: Unutilized Landholding Agency: Army 08296,08301 Comments: 9077 sq. ft., needs rehab, most Property Number: 21199240681 Comments: 4784 sq ft., 4 plex housing recent use—storage, off-site use only Status: Unutilized quarters, potential contaminants, off-site Bldg. 816C Comments: 8832 sq. ft., 1 story wood frame, use only Armament R, D, Center needs rehab, off-site use only, most recent Bldg. 09432 Picatinny Arsenal Co: Morris NJ 07806–5000 use—warehouse. Fort Leonard Wood Landholding Agency: Army Bldg. T–4226 Ft. Leonard Wood Co: Pulaski MO 65743– Property Number: 21200130103 Fort Sill 8944 Status: Unutilized Lawton Co: Comanche OK 73503 Landholding Agency: Army Comments: 144 sq. ft., most recent use— Landholding Agency: Army Property Number: 21200410115 storage, off-site use only Property Number: 21199440384 Status: Unutilized New Mexico Status: Unutilized Comments: 8724 sq ft., 6-plex housing Comments: 114 sq. ft., 1-story wood frame, quarters, potential contaminants, off-site Bldg. 34198 possible asbestos and lead paint, most use only. White Sands Missile Range recent use—storage, off-site use only Bldgs. 5006 and 5013 Dona Ana NM 88002 Bldg. P–1015, Fort Sill Fort Leonard Wood Landholding Agency: Army Ft. Leonard Wood Co: Pulaski MO 65743– Property Number: 21200230062 Lawton Co: Comanche OK 73501–5100 8944 Status: Excess Landholding Agency: Army Landholding Agency: Army Comments: 107 sq. ft., most recent use— Property Number: 21199520197 Property Number: 21200430064 security, off-site use only Status: Unutilized Comments: 15402 sq. ft., 1-story, most recent Status: Unutilized New York Comments: 192 sq. ft., needs repair, most use—storage, off-site use only recent use—generator bldg., off-site use Bldg. 1227 Bldg. P–366, Fort Sill only U.S. Military Academy Lawton Co: Comanche OK 73503 Highlands Co: Orange NY 10996–1592 Landholding Agency: Army Property Bldgs. 13210, 13710 Landholding Agency: Army Fort Leonard Wood Number: 21199610740 Property Number: 21200440074 Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65743– Status: Unutilized 8944 Comments: 482 sq. ft., possible asbestos, Comments: 3800 sq. ft., needs repair, possible most recent use—storage, off-site use only Landholding Agency: Army asbestos/lead paint, most recent use— Property Number: 21200430065 maintenance, off-site use only Building P–5042 Status: Unutilized Fort Sill Bldg. 2218 Comments: 144 sq. ft. each, needs repair, Lawton Co: Comanche OK 73503–5100 Stewart Newburg USARC most recent use—communication, off-site Landholding Agency: Army New Windsor Co: Orange NY 12553–9000 use only Property Number: 21199710066 Landholding Agency: Army Status: Unutilized Montana Property Number: 21200510067 Comments: 119 sq. ft., possible asbestos and Status: Unutilized Bldg. 00405 Fort Harrison leadpaint, most recent use—heatplant, off- Comments: 32,000 sq. ft., poor condition, Ft. Harrison Co: Lewis/Clark MT 59636 site use only Landholding Agency: Army requires major repairs, most recent use— 4 Buildings Property Number: 21200130099 storage/services Fort Sill Status: Unutilized 7 Bldgs. Lawton Co: Comanche OK 73503–5100 Comments: 3467 sq. ft., most recent use— Stewart Newburg USARC Landholding Agency: Army storage, security limitations New Windsor Co: Orange NY 12553–9000 Landholding Agency: Army Property Number: 21199710086 Bldg. T0066 Status: Unutilized Fort Harrison Property Number: 21200510068 Status: Unutilized Directions: T–6465, T–6466, T–6467, T–6468 Ft. Harrison Co: Lewis/Clark MT 59636 Comments: various sq. ft., possible asbestos Landholding Agency: Army Directions: 2122, 2124, 2126, 2128, 2106, 2108, 2104 and leadpaint, most recent use—range Property Number: 21200130100 support, off site use only Status: Unutilized Comments: sq. ft. varies, poor condition, Comments: 528 sq. ft., needs rehab, presence needs major repairs, most recent use— Bldg. T–810 of asbestos, security limitations storage/services Fort Sill Lawton Co: Comanche OK 73503–5100 Bldg. 00001 Oklahoma Landholding Agency: Army Sheridan Hall USARC Property Number: 21199730350 Helena MT 59601 Bldg. T–838, Fort Sill Status: Unutilized Landholding Agency: Army 838 Macomb Road Comments: 7205 sq. ft., possible asbestos/ Property Number: 21200540093 Lawton Co: Comanche OK 73503–5100 lead paint, most recent use—hay storage, Status: Unutilized Landholding Agency: Army off-site use only Comments: 19,321 sq. ft., most recent use— Property Number: 21199220609 Reserve Center Status: Unutilized Bldgs. T–837, T–839 Comments: 151 sq. ft., wood frame, 1 story, Fort Sill Bldg. 00003 off-site removal only, most recent use—vet Lawton Co: Comanche OK 73503–5100 Sheridan Hall USARC facility (quarantine stable). Landholding Agency: Army Helena MT 59601 Landholding Agency: Army Bldg. T–954, Fort Sill Property Number: 21199730351 Property Number: 21200540094 954 Quinette Road Status: Unutilized Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comments: approx. 100 sq. ft. each, possible Comments: 1950 sq. ft., most recent use— Landholding Agency: Army asbestos/lead paint, most recent use— maintenance/storage Property Number: 21199240659 storage, offsite use only Status: Unutilized Bldg. P–934 New Jersey Comments: 3571 sq. ft., 1 story wood frame, Fort Sill Bldg. 732 needs rehab, off-site use only, most recent Lawton Co: Comanche OK 73503–5100 Armament R Engineering Center use—motor repair shop. Landholding Agency: Army Picatinny Arsenal Co: Morris NJ 07806–5000 Bldg. T–3325, Fort Sill Property Number: 21199730353 Landholding Agency: Army 3325 Naylor Road Status: Unutilized

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Comments: 402 sq. ft., possible asbestos/lead Bldg. T–3314 Fort Sill paint, most recent use—storage, off-site use Fort Sill Lawton Co: Comanche OK 73503–5100 only Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Bldgs. T–1468, T–1469 Landholding Agency: Army Property Number: 21199910153 Fort Sill Property Number: 21199730385 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comments: 82 sq. ft., possible asbestos/lead Landholding Agency: Army Comments: 229 sq. ft., possible asbestos/lead paint, most recent use—gas station, off-site Property Number: 21199730357 paint, most recent use—office, off-site use use only Status: Unutilized only Bldg. S–6430 Comments: 114 sq. ft., possible asbestos/lead Bldg. T–5041 Fort Sill paint, most recent use—storage, off-site use Fort Sill Lawton Co: Comanche OK 73503–5100 only Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Bldg. T–1470 Landholding Agency: Army Property Number: 21199910156 Fort Sill Property Number: 21199730409 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comments: 2080 sq. ft., possible asbestos/ Landholding Agency: Army Comments: 763 sq. ft., possible asbestos/lead lead paint, most recent use—range support, Property Number: 21199730358 paint, most recent use—storage, off-site use off-site use only Status: Unutilized only Bldg. T–6461 Comments: 3120 sq. ft., possible asbestos/ Bldg. T–5420 Fort Sill lead paint, most recent use—storage, off- Fort Sill Lawton Co: Comanche OK 73503–5100 site use only Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Bldgs. T–1954, T–2022 Landholding Agency: Army Property Number: 21199910157 Fort Sill Property Number: 21199730414 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comments: 200 sq. ft., possible asbestos/lead Landholding Agency: Army Comments: 189 sq. ft., possible asbestos/lead paint, most recent use—range support, off- Property Number: 21199730362 paint, most recent use—fuel storage, off- site use only Status: Unutilized site use only Bldg. T–6462 Comments: approx. 100 sq. ft. each, possible Bldg. T–7775 Fort Sill asbestos/lead paint, most recent use— Fort Sill Lawton Co: Comanche OK 73503–5100 storage, offsite use only Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Bldg. T–2184 Landholding Agency: Army Property Number: 21199910158 Fort Sill Property Number: 21199730419 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comments: 64 sq. ft., possible asbestos/lead Landholding Agency: Army Comments: 1452 sq. ft., possible asbestos/ paint, most recent use—control tower, off- Property Number: 21199730364 lead paint, most recent use—private club, site use only Status: Unutilized off-site use only Bldg. P–7230 Comments: 454 sq. ft., possible asbestos/lead 4 Bldgs. Fort Sill paint, most recent use—storage, off-site use Fort Sill Lawton Co: Comanche OK 73503–5100 only P–617, P–1114, P–1386, P–1608 Landholding Agency: Army Bldgs. T–2186, T–2188, T–2189 Lawton Co: Comanche OK 73503–5100 Property Number: 21199910159 Fort Sill Landholding Agency: Army Status: Unutilized Lawton Co: Comanche OK 73503–5100 Property Number: 21199910133 Comments: 160 sq. ft., possible asbestos/lead Landholding Agency: Army Status: Unutilized paint, most recent use—transmitter bldg., Property Number: 21199730366 Comments: 106 sq. ft., possible asbestos/lead off-site use only Status: Unutilized paint, most recent use—utility plant, off- Bldg. S–4023 Comments: 1656–3583 sq. ft., possible site use only Fort Sill asbestos/lead paint, most recent use— Bldg. P–746 Lawton Co: Comanche OK 73503–5100 vehicle maint. shop, off-site use only Fort Sill Landholding Agency: Army Bldg. T–2187 Lawton Co: Comanche OK 73503–5100 Property Number: 21200010128 Fort Sill Landholding Agency: Army Status: Unutilized Lawton Co: Comanche OK 73503–5100 Property Number: 21199910135 Comments: 1200 sq. ft., possible asbestos/ Landholding Agency: Army Status: Unutilized lead paint, most recent use—storage, off- Property Number: 21199730367 Comments: 6299 sq. ft., possible asbestos/ site use only Status: Unutilized lead paint, most recent use—admin., off- Bldg. P–747 Comments: 1673 sq. ft., possible asbestos/ site use only lead paint, most recent use—storage, off- Fort Sill site use only Bldg. P–2582 Lawton Co: Comanche OK 73503–5100 Bldgs. T–2291 thru T–2296 Fort Sill Landholding Agency: Army Fort Sill Lawton Co: Comanche OK 73503–5100 Property Number: 21200120120 Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 21199910141 Comments: 9232 sq. ft., possible asbestos/ Property Number: 21199730372 Status: Unutilized lead paint, most recent use—lab, off-site Status: Unutilized Comments: 3672 sq. ft., possible asbestos/ use only Comments: 400 sq. ft. each, possible lead paint, most recent use—admin., off- Bldg. P–842 asbestos/lead paint, most recent use— site use only Fort Sill storage, off-site use only Bldg. P–2914 Lawton Co: Comanche OK 73503–5100 Bldgs. T–3001, T–3006 Fort Sill Landholding Agency: Army Fort Sill Lawton Co: Comanche OK 73503–5100 Property Number: 21200120123 Lawton Co: Comanche OK 73503–5100 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 21199910146 Comments: 192 sq. ft., possible asbestos/lead Property Number: 21199730383 Status: Unutilized paint, most recent use—storage, off-site use Status: Unutilized Comments: 1236 sq. ft., possible asbestos/ only Comments: approx. 9300 sq. ft., possible lead paint, most recent use—storage, off- Bldg. T–911 asbestos/lead paint, most recent use— site use only Fort Sill storage, off-site use only Bldg. P–5101 Lawton Co: Comanche OK 73503–5100

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Landholding Agency: Army Fort Sill Comments: 1920 sq. ft., most recent use— Property Number: 21200120124 2591, 2593, 2595, 2604 admin., off-site use only Status: Unutilized Lawton OK 73501 Bldg. 92045 Comments: 3080 sq. ft., possible asbestos/ Landholding Agency: Army Fort Hood lead paint, most recent use—office, off-site Property Number: 21200920061 Ft. Hood Co: Bell TX 76544 use only Status: Unutilized Landholding Agency: Army Bldg. P–1672 Comments: various sq. ft., most recent use— Property Number: 21200020208 Fort Sill classroom/admin, off-site use only Status: Unutilized Lawton Co: Comanche OK 73503–5100 Bldg. 06456 Comments: 2108 sq. ft., most recent use— Landholding Agency: Army Fort Sill maint., off-site use only Property Number: 21200120126 Lawton OK 73501 Bldg. 56305 Status: Unutilized Landholding Agency: Army Fort Hood Comments: 1056 sq. ft., possible asbestos/ Property Number: 21200930003 Ft. Hood Co: Bell TX 76544 lead paint, most recent use—storage, off- Status: Unutilized Landholding Agency: Army site use only Comments: 413 sq. ft. range support facility, Property Number: 21200220143 Bldg. S–2362 off-site use only Status: Unutilized Fort Sill Comments: 2160 sq. ft., most recent use— Lawton Co: Comanche OK 73503–5100 South Dakota admin., off-site use only Landholding Agency: Army Bldg. 03001 Bldgs. 56620, 56621 Property Number: 21200120127 Jonas H. Lien AFRC Fort Hood Status: Unutilized Sioux Falls SD 57104 Ft. Hood Co: Bell TX 76544 Comments: 64 sq. ft., possible asbestos/lead Landholding Agency: Army Landholding Agency: Army paint, most recent use—gatehouse, off-site Property Number: 21200740187 Property Number: 21200220146 use only Status: Unutilized Status: Unutilized Bldg. P–2589 Comments: 33282 sq. ft., most recent use— Comments: 1120 sq. ft., most recent use— Fort Sill training center shower, off-site use only Lawton Co: Comanche OK 73503–5100 Bldg. 03003 Bldgs. 56626, 56627 Landholding Agency: Army Jonas H. Lien AFRC Fort Hood Property Number: 21200120129 Sioux Falls SD 57104 Ft. Hood Co: Bell TX 76544 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comments: 3672 sq. ft., possible asbestos/ Property Number: 21200740188 Property Number: 21200220147 lead paint, most recent use—storage, off- Status: Unutilized Status: Unutilized site use only Comments: 4675 sq. ft., most recent use— Comments: 1120 sq. ft., most recent use— Bldgs. 00937, 00957 vehicle maint. shop shower, off-site use only Fort Sill Tennessee Bldg. 56628 Lawton OK 73501 Bldg. Trail Fort Hood Landholding Agency: Army Fort Campbell Ft. Hood Co: Bell TX 76544 Property Number: 21200710104 Montgomery TN 42223 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 21200220148 Comments: 1558 sq. ft., most recent use— Property Number: 21200920010 Status: Status: Unutilized storage shed, off-site use only Excess Comments: 1133 sq. ft., most recent use— Bldg. 01514 Comments: 2104 sq. ft., double-wide trailer, shower, off-site use only Fort Sill off-site use only Bldgs. 56636, 56637 Fort Hood Lawton OK 73501 Bldg. 00001 Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Fort Campbell Landholding Agency: Army Property Number: 21200710105 Christian TN 42223 Property Number: 21200220150 Status: Unutilized Landholding Agency: Army Status: Unutilized Comments: 1602 sq. ft., most recent use— Property Number: 21200920027 Comments: 1120 sq. ft., most recent use— storage, off-site use only Status: Unutilized shower, off-site use only Bldg. 05685 Comments: double wide trailer, off-site use Bldg. 56638 Fort Sill only Fort Hood Lawton OK 73501 Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Texas Landholding Agency: Army Property Number: 21200820152 Bldg. 7137, Fort Bliss Property Number: 21200220151 Status: Unutilized El Paso Co: El Paso TX 79916 Status: Unutilized Comments: 24,072 sq. ft., concrete block/w Landholding Agency: Army Comments: 1133 sq. ft., most recent use— brick, off-site use only Property Number: 21199640564 shower, off-site use only Bldg. 07480 Status: Unutilized Bldgs. 56703, 56708 Fort Sill Comments: 35,736 sq. ft., 3-story, most recent Fort Hood Lawton OK 73501 use—housing, off-site use only Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Bldg. 92043 Landholding Agency: Army Property Number: 21200920002 Fort Hood Property Number: 21200220152 Status: Unutilized Ft. Hood Co: Bell TX 76544 Status: Unutilized Comments: 1200 sq. ft., most recent use— Landholding Agency: Army Comments: 1306 sq. ft., most recent use— recreation, off-site use only Property Number: 21200020206 shower, off-site use only Bldgs. 01509, 01510 Status: Unutilized Bldg. 56758 Fort Sill Comments: 450 sq. ft., most recent use— Fort Hood Lawton OK 73501 storage, off-site use only Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Bldg. 92044 Landholding Agency: Army Property Number: 21200920060 Fort Hood Property Number: 21200220154 Status: Unutilized Ft. Hood Co: Bell TX 76544 Status: Unutilized Comments: various sq. ft., most recent use— Landholding Agency: Army Comments: 1133 sq. ft., most recent use— vehicle maint. shop, off-site use only Property Number: 21200020207 shower, off-site use only 4 Bldgs. Status: Unutilized Bldgs. P6220, P6222

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Fort Sam Houston Comments: 12,956 sq. ft., presence of Bldg. 00324 Camp Bullis asbestos, most recent use—simulation Fort Hood San Antonio Co: Bexar TX center, off-site use only Bell TX 76544 Landholding Agency: Army Bldgs. 10031, 10032, 10033 Landholding Agency: Army Property Number: 21200330197 Fort Hood Property Number: 21200810049 Status: Unutilized Bell TX 76544 Status: Unutilized Comments: 384 sq. ft., most recent use— Landholding Agency: Army Comments: 13,319 sq. ft., most recent use— carport/storage, off-site use only Property Number: 21200720091 roller skating rink, off-site use only Bldgs. P6224, P6226 Status: Excess Bldgs. 00710, 00739, 00741 Fort Sam Houston Comments: 2578/3383 sq. ft., presence of Fort Hood Camp Bullis asbestos, most recent use—admin., off-site Bell TX 76544 San Antonio Co: Bexar TX use only Landholding Agency: Army Landholding Agency: Army Bldgs. 56524, 56532 Property Number: 21200810050 Property Number: 21200330198 Fort Hood Status: Unutilized Status: Unutilized Bell TX 76544 Comments: various sq. ft., presence of Comments: 384 sq. ft., most recent use— Landholding Agency: Army asbestos, most recent use—repair shop, off- carport/storage, off-site use only Property Number: 21200720092 site use only Bldg. 92039 Status: Excess 5 Bldgs. Fort Hood Comments: 600 sq. ft., presence of asbestos, Fort Hood Ft. Hood Co: Bell TX 76544 most recent use—dining, off-site use only Bell TX 76544 Landholding Agency: Army Bldg. 56435 Landholding Agency: Army Property Number: 21200640101 Fort Hood Property Number: 21200810051 Status: Excess Bell TX 76544 Status: Unutilized Comments: 80 sq. ft., most recent use— Landholding Agency: Army Directions: 00711, 00712, 02219, 02612, storage, off-site use only Property Number: 21200720093 05780 Bldgs. 04281, 04283 Status: Excess Comments: various sq. ft., presence of Fort Hood Comments: 3441 sq. ft., presence of asbestos, asbestos, most recent use—storage, off-site Bell TX 76544 most recent use—barracks, off-site use only use only Landholding Agency: Army Bldg. 05708 Bldg. 00713 Property Number: 21200720085 Fort Hood Fort Hood Status: Excess Bell TX 76544 Bell TX 76544 Comments: 4000/8020 sq. ft., most recent Landholding Agency: Army Landholding Agency: Army use—storage shed, off-site use only Property Number: 21200720094 Property Number: 21200810052 Bldg. 04284 Status: Excess Status: Unutilized Fort Hood Comments: 1344 sq. ft., most recent use— Comments: 3200 sq. ft., presence of asbestos, Bell TX 76544 community center, off-site use only most recent use—hdqts. bldg., off-site use Landholding Agency: Army Bldg. 90001 only Property Number: 21200720086 Fort Hood Bldgs. 1938, 04229 Status: Excess Bell TX 76544 Fort Hood Comments: 800 sq. ft., presence of asbestos, Landholding Agency: Army Bell TX 76544 most recent use—storage shed, off-site use Property Number: 21200720095 Landholding Agency: Army only Status: Excess Property Number: 21200810053 Bldg. 04285 Comments: 3574 sq. ft., presence of asbestos, Status: Unutilized Fort Hood most recent use—transmitter bldg., off-site Comments: 2736/9000 sq. ft., presence of Bell TX 76544 use only asbestos, most recent use—admin., off-site Landholding Agency: Army Bldg. 93013 use only Property Number: 21200720087 Fort Hood Bldgs. 02218, 02220 Status: Excess Bell TX 76544 Fort Hood Comments: 8000 sq. ft., most recent use— Landholding Agency: Army Bell TX 76544 storage shed, off-site use only Property Number: 21200720099 Landholding Agency: Army Bldg. 04286 Status: Excess Property Number: 21200810054 Fort Hood Comments: 800 sq. ft., most recent use—club, Status: Unutilized Bell TX 76544 off-site use only Comments: 7289/1456 sq. ft., presence of Landholding Agency: Army 5 Bldgs. asbestos, most recent use—museum, off- Property Number: 21200720088 Fort Hood site use only Status: Excess Bell TX 76544 Bldg. 0350 Comments: 36,000 sq. ft., presence of Landholding Agency: Army Fort Hood asbestos, most recent use—storage shed, Property Number: 21200740195 Bell TX 76544 off-site use only Status: Excess Landholding Agency: Army Bldg. 04291 Directions: 56541, 56546, 56547, 56548, Property Number: 21200810055 Fort Hood 56638 Status: Unutilized Bell TX 76544 Comments: 1120/1133 sq. ft., presence of Comments: 28,290 sq. ft., presence of Landholding Agency: Army asbestos, most recent use—lavatory, off-site asbestos, most recent use—veh. maint. Property Number: 21200720089 use only shop, off-site use only Status: Excess 4 Bldgs. Bldg. 04449 Comments: 6400 sq. ft., presence of asbestos, Fort Hood Fort Hood most recent use—storage shed, off-site use Bell TX 76544 Bell TX 76544 only Landholding Agency: Army Landholding Agency: Army Bldg. 4410 Property Number: 21200810048 Property Number: 21200810056 Fort Hood Status: Unutilized Status: Unutilized Bell TX 76544 Directions: 00229, 00230, 00231, 00232 Comments: 3822 sq. ft., most recent use— Landholding Agency: Army Comments: various sq. ft., presence of police station, off-site use only Property Number: 21200720090 asbestos, most recent use—training aids Bldg. 91077 Status: Excess center, off-site use only Fort Hood

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Bell TX 76544 Bldg. 57005 Bldg. 01633 Landholding Agency: Army Fort Hood Fort Eustis Property Number: 21200810057 Bell TX 76544 Ft. Eustis VA 23604 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comments: 3200 sq. ft., presence of asbestos, Property Number: 21200840073 Property Number: 21200720076 most recent use—educational facility, off- Status: Excess Status: Unutilized site use only Comments: 500 sq. ft., presence of asbestos, Comments: 240 sq. ft., most recent use— Bldg. 1610 most recent use—water supply/treatment, storage, off-site use only Fort Bliss off-site use only Bldg. 02786 El Paso TX 79916 Utah Fort Eustis Landholding Agency: Army Ft. Eustis VA 23604 Property Number: 21200810059 Bldg. 00001 Landholding Agency: Army Status: Excess Borgstrom Hall USARC Property Number: 21200720084 Ogden UT 84401 Comments: 11056 sq. ft., concrete/stucco, Status: Unutilized Landholding Agency: Army most recent use—gas station/store, off-site Comments: 1596 sq. ft., most recent use— Property Number: 21200740196 use only admin., off-site use only Status: Excess Bldg. 1680 Comments: 16543 sq. ft., most recent use— Bldg. P0838 Fort Bliss training center, off-site use only Fort Eustis El Paso TX 79916 Ft. Eustis VA 23604 Bldg. 00002 Landholding Agency: Army Landholding Agency: Army Borgstrom Hall USARC Property Number: 21200810060 Property Number: 21200830005 Ogden UT 84401 Status: Unutilized Status: Excess Landholding Agency: Army Comments: 576 sq. ft., most recent use—rec Comments: 3690 sq. ft., concrete/stucco, most Property Number: 21200740197 shelter, off-site use only recent use—restaurant, off-site use only Status: Excess 12 Bldgs. Comments: 3842 sq. ft., most recent use— Washington Fort Hood vehicle maint. shop, off-site use only Ft. Hood TX 76544 Bldg. CO909, Fort Lewis Bldg. 00005 Ft. Lewis Co: Pierce WA 98433–9500 Landholding Agency: Army Borgstrom Hall USARC Property Number: 21200820153 Landholding Agency: Army Ogden UT 84401 Property Number: 21199630205 Status: Excess Landholding Agency: Army Directions: 56522, 56523, 56525, 56533, Status: Unutilized Property Number: 21200740198 Comments: 1984 sq. ft., possible asbestos/ 56534, 56535, 56539, 56542, 56543, 56544, Status: Excess 56545, 56549 lead paint, most recent use—admin., off- Comments: 96 sq. ft., most recent use— site use only Comments: 600/607 sq. ft., presence of storage, off-site use only asbestos, most recent use—dining, off-site Bldg. 1164, Fort Lewis use only Virginia Ft. Lewis Co: Pierce WA 98433–9500 10 Bldgs. Bldg. 1559 Landholding Agency: Army Fort Hood Fort Eustis Property Number: 21199630213 Ft. Hood TX 76544 Ft. Eustis VA 23604 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comments: 230 sq. ft., possible asbestos/lead Property Number: 21200820154 Property Number: 21200130156 paint, most recent use—storehouse, off-site Status: Excess Status: Unutilized use only Directions: 56622, 56623, 56624, 56625, Comments: 2892 sq. ft., most recent use— Bldg. 1307, Fort Lewis 56629, 56632, 56633, 56634, 56635, 56639 storage, off-site use only Ft. Lewis Co: Pierce WA 98433–9500 Comments: 500/507 sq. ft., presence of Fort Story Landholding Agency: Army asbestos, most recent use—dining, off-site Ft. Story VA 23459 Property Number: 21199630216 use only Landholding Agency: Army Status: Unutilized 6 Bldgs. Property Number: 21200720065 Comments: 1092 sq. ft., possible asbestos/ Fort Hood Status: Unutilized lead paint, most recent use—storage, off- Bell TX 76544 Comments: 525 sq. ft., most recent use— site use only Landholding Agency: Army power plant, off-site use only Bldg. 1309, Fort Lewis Property Number: 21200840070 Bldg. 00942 Ft. Lewis Co: Pierce WA 98433–9500 Status: Excess Fort Story Landholding Agency: Army Directions: 56412, 57023, 57024, 57025, Ft. Story VA 23459 Property Number: 21199630217 57009, 57010 Landholding Agency: Army Status: Unutilized Comments: presence of asbestos, most recent Property Number: 21200720066 Comments: 1092 sq. ft., possible asbestos/ use—storage, off-site use only Status: Unutilized lead paint, most recent use—storage, off- 9 Bldgs. Comments: 84 sq ft., most recent use— site use only Fort Hood shower, off-site use only Bldg. 2167, Fort Lewis Bell TX 76544 Bldg. 01025 Ft. Lewis Co: Pierce WA 98433–9500 Landholding Agency: Army Fort Story Landholding Agency: Army Property Number: 21200840071 Ft. Story VA 23459 Property Number: 21199630218 Status: Excess Landholding Agency: Army Status: Unutilized Directions: 56529, 56618, 56702, 56710, Property Number: 21200720070 Comments: 288 sq. ft., possible asbestos/lead 56752, 56753, 56754, 56755, 56759 Status: Unutilized paint, most recent use—warehouse, off-site Comments: presence of asbestos, most recent Comments: 4800 sq. ft., most recent use— use only use—dining facility, off-site use only admin., off-site use only Bldg. 4078, Fort Lewis Bldg. 56703 Bldg. 01028 Ft. Lewis Co: Pierce WA 98433–9500 Fort Hood Fort Story Landholding Agency: Army Bell TX 76544 Ft. Story VA 23459 Property Number: 21199630219 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21200840072 Property Number: 21200720071 Comments: 10200 sq. ft., needs rehab, Status: Excess Status: Unutilized possible asbestos/lead paint, most recent Comments: 1306 sq. ft., presence of asbestos, Comments: 2398 sq. ft., most recent use— use—warehouse, off-site use only most recent use—shower, off-site use only admin., off-site use only Bldg. 9599, Fort Lewis

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Ft. Lewis Co: Pierce WA 98433–9500 Comments: 960 sq. ft., needs repair, presence Fort Lewis Landholding Agency: Army of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433 Property Number: 21199630220 supply, offsite use only Landholding Agency: Army Status: Unutilized 10 Bldgs. Property Number: 21199920248 Comments: 12366 sq. ft., possible asbestos/ Fort Lewis Status: Unutilized lead paint, most recent use—warehouse, Ft. Lewis Co: Pierce WA 98433 Comments: 48 sq. ft., needs repair, presence off-site use only Landholding Agency: Army of asbestos/lead paint, off-site use only Bldg. A1404, Fort Lewis Property Number: 21199920239 Bldg. U024D Ft. Lewis Co: Pierce WA 98433 Status: Excess Fort Lewis Landholding Agency: Army Property Directions: U002B, U002C, U005C, U015I, Ft. Lewis Co: Pierce WA 98433 Number: 21199640570 U016E, U019C, U022A, U028B, 0091A, Landholding Agency: Army Status: Unutilized U093C Property Number: 21199920250 Comments: 557 sq. ft., needs rehab, most Comments: 600 sq. ft., needs repair, presence Status: Unutilized recent use—storage, off-site use only of asbestos/lead paint, most recent use— Comments: 120 sq. ft., needs repair, presence range house, off-site use only of asbestos/lead paint, most recent use— Bldg. EO347 ammo bldg., off-site use only Fort Lewis 6 Bldgs. Ft. Lewis Co: Pierce WA 98433 Fort Lewis Bldg. U027A Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Fort Lewis Property Number: 21199710156 Landholding Agency: Army Ft. Lewis Co: Pierce WA Status: Unutilized Property Number: 21199920240 Landholding Agency: Army Comments: 1800 sq. ft., possible asbestos/ Status: Unutilized Property Number: 21199920251 lead paint, most recent use—office, off-site Directions: U003A, U004B, U006C, U015B, Status: Excess use only U016B, U019B Comments: 64 sq. ft., needs repair, presence Comments: 54 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Bldg. B1008, Fort Lewis of asbestos/lead paint, most recent use— tire house, off-site use only Ft. Lewis Co: Pierce WA 98433 control tower, off-site use only Bldg. U031A Landholding Agency: Army Bldg. U004D Fort Lewis Property Number: 21199720216 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Status: Unutilized Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Comments: 7387 sq. ft., 2-story, needs rehab, Landholding Agency: Army Property Number: 21199920253 possible asbestos/lead paint, most recent Property Number: 21199920241 Status: Excess use—medical clinic, off-site use only Status: Unutilized Comments: 3456 sq. ft., needs repair, Bldgs. CO509, CO709, CO720 Comments: 960 sq. ft., needs repair, presence presence of asbestos/lead paint, most Fort Lewis of asbestos/lead paint, most recent use— recent use—line shed, off-site use only Ft. Lewis Co: Pierce WA 98433 supply, offsite use only Bldg. U031C Landholding Agency: Army Bldg. U005A Fort Lewis Property Number: 21199810372 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Status: Unutilized Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Comments: 1984 sq. ft., possible asbestos/ Landholding Agency: Army Property Number: 21199920254 lead paint, needs rehab, most recent use— Property Number: 21199920242 Status: Unutilized storage, offsite use only Status: Unutilized Comments: 32 sq. ft., needs repair, presence Bldg. 5162 Comments: 360 sq. ft., needs repair, presence of asbestos/lead paint, off-site use only Fort Lewis of asbestos/lead paint, most recent use— Bldg. U040D Ft. Lewis Co: Pierce WA 98433 control tower, off-site use only Fort Lewis Landholding Agency: Army 7 Bldgs. Ft. Lewis Co: Pierce WA 98433 Property Number: 21199830419 Fort Lewis Landholding Agency: Army Status: Unutilized Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920255 Comments: 2360 sq. ft., needs repair, Landholding Agency: Army Status: Excess presence of asbestos/lead paint, most Property Number: 21199920245 Comments: 800 sq. ft., needs repair, presence recent use—office, offsite use only Status: Excess of asbestos/lead paint, most recent use— Bldg. 5224 Directions: U014A, U022B, U023A, U043B, range house, off-site use only Fort Lewis U059B, U060A, U101A Bldgs. U052C, U052H Ft. Lewis Co: Pierce WA 98433 Comments: needs repair, presence of Fort Lewis Landholding Agency: Army asbestos/lead paint, most recent use—ofc/ Ft. Lewis Co: Pierce WA 98433 Property Number: 21199830433 tower/support, offsite use only Landholding Agency: Army Status: Unutilized Bldg. U015J Property Number: 21199920256 Comments: 2360 sq. ft., needs repair, Fort Lewis Status: Excess presence of asbestos/lead paint, most Ft. Lewis Co: Pierce WA 98433 Comments: various sq. ft., needs repair, recent use—educ. fac., off-site use only Landholding Agency: Army presence of asbestos/lead paint, most Bldg. U001B Property Number: 21199920246 recent use—range house, off-site use only Fort Lewis Status: Excess Bldgs. U035A, U035B Ft. Lewis Co: Pierce WA 98433 Comments: 144 sq. ft., needs repair, presence Fort Lewis Landholding Agency: Army of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920237 tower, offsite use only Landholding Agency: Army Status: Excess Bldg. U018B Property Number: 21199920257 Comments: 54 sq. ft., needs repair, presence Fort Lewis Status: Excess of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433 Comments: 192 sq. ft., needs repair, presence control tower, off-site use only Landholding Agency: Army of asbestos/lead paint, most recent use— Bldg. U001C Property Number: 21199920247 shelter, offsite use only Fort Lewis Status: Unutilized Bldg. U035C Ft. Lewis Co: Pierce WA 98433 Comments: 121 sq. ft., needs repair, presence Fort Lewis Landholding Agency: Army of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920238 range house, off-site use only Landholding Agency: Army Status: Unutilized Bldg. U018C Property Number: 21199920258

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Status: Excess Directions: U058A, U103A, U018A Property Number: 21199920276 Comments: 242 sq. ft., needs repair, presence Comments: 36 sq. ft., needs repair, presence Status: Excess of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Comments: 400 sq. ft., needs repair, presence range house, off-site use only control tower, off-site use only of asbestos/lead paint, most recent use— Bldg. U039A Bldg. U059A support, off-site use only Fort Lewis Fort Lewis Bldg. C0120 Ft. Lewis Co: Pierce WA 98433 Ft. Lewis Co: Pierce WA 98433 Fort Lewis Landholding Agency: Army Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920259 Property Number: 21199920267 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21199920281 Comments: 36 sq. ft., needs repair, presence Comments: 16 sq. ft., needs repair, presence Status: Excess of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Comments: 384 sq. ft., needs repair, presence control tower, off-site use only tower, offsite use only of asbestos/lead paint, most recent use— Bldg. U039B Bldg. U093B scale house, off-site use only Fort Lewis Fort Lewis Bldg. 01205 Ft. Lewis Co: Pierce WA 98433 Ft. Lewis Co: Pierce WA 98433 Fort Lewis Landholding Agency: Army Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920260 Property Number: 21199920268 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21199920290 Comments: 1600 sq. ft., needs repair, Comments: 680 sq. ft., needs repair, presence Status: Excess presence of asbestos/lead paint, most of asbestos/lead paint, most recent use— Comments: 87 sq. ft., needs repair, presence recent use—grandstand/bleachers, off-site range house, off-site use only of asbestos/lead paint, most recent use— use only 4 Bldgs. storehouse, off-site use only Bldg. U039C Fort Lewis Bldg. 01259 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Property Number: 21199920269 Landholding Agency: Army Property Number: 21199920261 Status: Excess Property Number: 21199920291 Status: Excess Directions: U101B, U101C, U507B, U557A Status: Excess Comments: 600 sq. ft., needs repair, presence Comments: 400 sq. ft., needs repair, presence Comments: 16 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, off-site use only of asbestos/lead paint, most recent use— support, off-site use only Bldg. U110B storage, offsite use only Bldg. U043A Fort Lewis Bldg. 01266 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Property Number: 21199920272 Landholding Agency: Army Property Number: 21199920262 Status: Excess Property Number: 21199920292 Status: Excess Comments: 138 sq. ft., needs repair, presence Status: Excess Comments: 132 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Comments: 45 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— support, off-site use only of asbestos/lead paint, most recent use— range house, off-site use only 6 Bldgs. shelter, offsite use only Bldg. U052A Fort Lewis Bldg. 1445 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Fort Lewis Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Property Number: 21199920273 Landholding Agency: Army Property Number: 21199920263 Status: Excess Property Number: 21199920294 Status: Excess Directions: U111A, U015A, U024E, U052F, Status: Excess Comments: 69 sq. ft., needs repair, presence U109A, U110A Comments: 144 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Comments: 1000 sq. ft., needs repair, of asbestos/lead paint, most recent use— tower, offsite use only presence of asbestos/lead paint, most generator bldg., off-site use only Bldg. U052E recent use—support/shelter/mess, off-site Bldgs. 03091, 03099 Fort Lewis use only Fort Lewis Ft. Lewis Co: Pierce WA 98433 Bldg. U112A Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920264 Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920296 Status: Excess Landholding Agency: Army Status: Excess Comments: 600 sq. ft., needs repair, presence Property Number: 21199920274 Comments: various sq. ft., needs repair, of asbestos/lead paint, most recent use— Status: Excess presence of asbestos/lead paint, most storage, off-site use only Comments: 1600 sq. ft., needs repair, recent use—sentry station, off-site use only Bldg. U052G presence of asbestos/lead paint, most Bldg. 4040 Fort Lewis recent use—shelter, off-site use only Fort Lewis Ft. Lewis Co: Pierce WA 98433 Bldg. U115A Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920265 Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920298 Status: Excess Landholding Agency: Army Status: Excess Comments: 1600 sq. ft., needs repair, Property Number: 21199920275 Comments: 8326 sq. ft., needs repair, presence of asbestos/lead paint, most Status: Excess presence of asbestos/lead paint, most recent use—shelter, off-site use only Comments: 36 sq. ft., needs repair, presence recent use—shed, offsite use only 3 Bldgs. of asbestos/lead paint, most recent use— Bldgs. 4072, 5104 Fort Lewis tower, offsite use only Fort Lewis Ft. Lewis Co: Pierce WA 98433 Bldg. U507A Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920266 Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920299 Status: Excess Landholding Agency: Army Status: Excess

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Comments: 24/36 sq. ft., needs repair, Bldg. 9574 Landholding Agency: Army presence of asbestos/lead paint, off-site use Fort Lewis Property Number: 21200920006 only Ft. Lewis Co: Pierce WA 98433 Status: Excess Bldg. 4295 Landholding Agency: Army Comments: 5.73 acres/wooded Fort Lewis Property Number: 21199920310 Parcel No. 5 Ft. Lewis Co: Pierce WA 98433 Status: Excess Fort Campbell Landholding Agency: Army Comments: 6005 sq. ft., needs repair, Tract No. 10M–20 Property Number: 21199920300 presence of asbestos/lead paint, most Montgomery TN 42223 Status: Excess recent use—veh. shop., off-site use only Landholding Agency: Army Comments: 48 sq. ft., needs repair, presence Bldg. 9596 Property Number: 21200920007 of asbestos/lead paint, most recent use— Fort Lewis Status: Excess storage, offsite use only Ft. Lewis Co: Pierce WA 98433 Comments: 3.86 acres/wooded Bldg. 6191 Fort Lewis Landholding Agency: Army Parcel No. 7 Ft. Lewis Co: Pierce WA 98433 Property Number: 21199920311 Fort Campbell Landholding Agency: Army Status: Excess Tract No. 10M–10 Property Number: 21199920303 Comments: 36 sq. ft., needs repair, presence Montgomery TN 42223 Status: Excess of asbestos/lead paint, most recent use— Landholding Agency: Army Comments: 3663 sq. ft., needs repair, gas station, off-site use only Property Number: 21200920008 presence of asbestos/lead paint, most Status: Excess recent use—exchange branch, off-site use Land Comments: 9.47 acres/wooded only Maryland Parcel No. 8 Bldgs. 08076, 08080 2 acres Fort Campbell Fort Lewis Fort Meade Tract No. 8M–7 Ft. Lewis Co: Pierce WA 98433 Odenton Rd/Rt 175 Montgomery TN 42223 Landholding Agency: Army Ft. Meade MD 20755 Landholding Agency: Army Property Number: 21199920304 Landholding Agency: Army Property Number: 21200920009 Status: Excess Property Number: 21200640095 Status: Excess Comments: 3660/412 sq .ft., needs repair, Status: Unutilized Comments: 15.13 acres/wooded presence of asbestos/lead paint, off-site use Comments: light industrial Texas only 16 acres Bldg. 08093 Fort Meade 1 acre Fort Lewis Rt 198/Airport Road Fort Sam Houston Ft. Lewis Co: Pierce WA 98433 Ft. Meade MD 20755 San Antonio Co: Bexar TX 78234 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920305 Property Number: 21200640096 Property Number: 21200440075 Status: Excess Status: Unutilized Status: Excess Comments: 289 sq. ft., needs repair, presence Comments: light industrial Comments: 1 acre, grassy area of asbestos/lead paint, most recent use— Alabama boat storage, off-site use only Ohio Bldg. 01433 Bldg. 8279 Defense Supply Center Fort Rucker Fort Lewis Columbus Co: Franklin OH 43216–5000 Ft. Rucker Co: Dale AL 36362 Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200340094 Property Number: 21200220098 Property Number: 21199920306 Status: Excess Status: Excess Status: Excess Comments: 11 acres, railroad access Comments: 800 sq. ft., most recent use— Comments: 210 sq. ft., needs repair, presence Tennessee office, off-site use only of asbestos/lead paint, most recent use— fuel disp. fac., off-site use only Parcel No. 1 Bldg. 30105 Fort Campbell Fort Rucker Bldgs. 8280, 8291 Tract No. 13M–3 Ft. Rucker Co: Dale AL 36362 Fort Lewis Montgomery TN 42223 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Property Number: 21200510052 Landholding Agency: Army Property Number: 21200920003 Status: Excess Property Number: 21199920307 Status: Excess Comments: 4100 sq. ft., most recent use— Status: Excess Comments: 800/464 sq. ft., needs repair, Comments: 6.89 acres/thick vegetation admin., off-site use only presence of asbestos/lead paint, most Parcel No. 2 Bldg. 40115 recent use—storage, off-site use only Fort Campbell Fort Rucker Bldg. 8956 Tract Nos.12M–16B & 13M–3 Ft. Rucker Co: Dale AL 36362 Fort Lewis Montgomery TN 42223 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433 Landholding Agency: Army Property Number: 21200510053 Landholding Agency: Army Property Number: 21200920004 Status: Excess Property Number: 21199920308 Status: Excess Comments: 34,520 sq. ft., most recent use— Status: Excess Comments: 3.41 acres/wooded storage, off-site use only Comments: 100 sq. ft., needs repair, presence Parcel No. 3 Bldg. 25303 of asbestos/lead paint, most recent use— Fort Campbell Fort Rucker storage, off-site use only Tract No. 12M–4 Dale AL 36362 Bldg. 9530 Montgomery TN 42223 Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21200520074 Ft. Lewis Co: Pierce WA 98433 Property Number: 21200920005 Status: Excess Landholding Agency: Army Status: Excess Comments: 800 sq. ft., most recent use— Property Number: 21199920309 Comments: 6.56 acre/wooded airfield operations, off-site use only Status: Excess Parcel No. 4 Bldg. 25304 Comments: 64 sq. ft., needs repair, presence Fort Campbell Fort Rucker of asbestos/lead paint, most recent use— Tract Nos10M–22 &10M–23 Dale AL 36362 sentry station, off-site use only Montgomery TN 42223 Landholding Agency: Army

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Property Number: 21200520075 Ft. Carson Co: El Paso CO 80913 Garrison Co: Chatham GA 31409 Status: Excess Landholding Agency: Army Landholding Agency: Army Comments: 1200 sq. ft., poor condition, most Property Number: 21200420177 Property Number: 21200420015 recent use—fire station, off-site use only Status: Unutilized Status: Excess Comments: 10,076 sq. ft., presence of Comments: 27,681 sq. ft., most recent use— Arizona asbestos, most recent use—admin., off-site fitness center, off-site use only Bldg. 22529 use only Bldg. P1277 Fort Huachuca Bldg. 06225 Hunter Army Airfield Cochise AZ 85613–7010 Fort Carson Garrison Co: Chatham GA 31409 Landholding Agency: Army El Paso CO 80913–4001 Landholding Agency: Army Property Number: 21200520077 Landholding Agency: Army Property Number: 21200420024 Status: Excess Property Number: 21200520084 Status: Excess Comments: 2543 sq. ft., most recent use— Status: Unutilized Comments: 13,981 sq. ft., most recent use— storage, off-site use only Comments: 24,263 sq. ft., most recent use— barracks/dining, off-site use only Bldg. 22541 admin., off-site use only Bldg. T1412 Fort Huachuca Georgia Hunter Army Airfield Cochise AZ 85613–7010 Garrison Co: Chatham GA 31409 Landholding Agency: Army Bldg. T201 Landholding Agency: Army Property Number: 21200520078 Hunter Army Airfield Property Number: 21200420025 Status: Excess Garrison Co: Chatham GA 31409 Status: Excess Comments: 1300 sq. ft., most recent use— Landholding Agency: Army Comments: 9186 sq. ft., most recent use— storage, off-site use only Property Number: 21200420002 warehouse, off-site use only Status: Excess Bldg. 30020 Bldg. 8658 Fort Huachuca Comments: 1828 sq. ft., most recent use— credit union, off-site use only Hunter Army Airfield Cochise AZ 85613–7010 Garrison Co: Chatham GA 31409 Bldg. T234 Landholding Agency: Army Landholding Agency: Army Hunter Army Airfield Property Number: 21200520079 Property Number: 21200420029 Garrison Co: Chatham GA 31409 Status: Excess Status: Excess Landholding Agency: Army Comments: 1305 sq. ft., most recent use— Comments: 8470 sq. ft., most recent use— Property Number: 21200420008 storage, off-site use only storage, off-site use only Status: Excess Bldg. 30021 Bldg. 8659 Fort Huachuca Comments: 2624 sq. ft., most recent use— Hunter Army Airfield Cochise AZ 85613–7010 admin., off-site use only Garrison Co: Chatham GA 31409 Landholding Agency: Army Bldg. T702 Landholding Agency: Army Property Number: 21200520080 Hunter Army Airfield Property Number: 21200420030 Status: Excess Garrison Co: Chatham GA 31409 Status: Excess Comments: 144 sq. ft., most recent use— Landholding Agency: Army Comments: 8470 sq. ft., most recent use— storage, off-site use only Property Number: 21200420010 storage, off-site use only Bldg. 22040 Status: Excess Bldgs. 8675, 8676 Fort Huachuca Comments: 9190 sq. ft., most recent use— Hunter Army Airfield Cochise AZ 85613 storage, off-site use only Landholding Agency: Army Bldg. T703 Garrison Co: Chatham GA 31409 Property Number: 21200540076 Hunter Army Airfield Landholding Agency: Army Status: Excess Garrison Co: Chatham GA 31409 Property Number: 21200420031 Comments: 1131 sq. ft., presence of asbestos/ Landholding Agency: Army Status: Excess lead paint, most recent use—storage, off- Property Number: 21200420011 Comments: 4000 sq. ft., most recent use— site use only Status: Excess ship/recv facility, off-site use only Bldg. 22540 Comments: 9190 sq. ft., most recent use— Bldg. 5978 Fort Huachuca storage, off-site use only Fort Benning Cochise AZ 85613–7010 Bldg. T704 Ft. Benning Co: Chattahoochee GA 31905 Landholding Agency: Army Hunter Army Airfield Landholding Agency: Army Property Number: 21200620067 Garrison Co: Chatham GA 31409 Property Number: 21200420038 Status: Excess Landholding Agency: Army Status: Excess Comments: 958 sq. ft., most recent use— Property Number: 21200420012 Comments: 1344 sq. ft., most recent use— storage, off-site use only Status: Excess igloo storage, off-site use only Comments: 9190 sq. ft., most recent use— Bldg. 5993 Colorado storage, off-site use only Fort Benning Bldg. S6264 Bldg. P813 Ft. Benning Co: Chattahoochee GA 31905 Fort Carson Hunter Army Airfield Landholding Agency: Army Ft. Carson Co: El Paso CO 80913 Garrison Co: Chatham GA 31409 Property Number: 21200420041 Landholding Agency: Army Landholding Agency: Army Status: Excess Property Number: 21200340084 Property Number: 21200420013 Comments: 960 sq. ft., most recent use— Status: Unutilized Status: Excess storage, off-site use only Comments: 19,499 sq. ft., most recent use— Comments: 43,055 sq. ft., most recent use— Bldg. 5994 office, off-site use only maint. hanger/Co Hq., off-site use only Fort Benning Bldg. S6285 Bldgs. S843, S844, S845 Ft. Benning Co: Chattahoochee GA 31905 Fort Carson Hunter Army Airfield Landholding Agency: Army Ft. Carson Co: El Paso CO 80913 Garrison Co: Chatham GA 31409 Property Number: 21200420042 Landholding Agency: Army Landholding Agency: Army Status: Excess Property Number: 21200420176 Property Number: 21200420014 Comments: 2016 sq. ft., most recent use— Status: Unutilized Status: Excess ammo storage, off-site use only Comments: 19,478 sq. ft., most recent use— Comments: 9383 sq. ft., most recent use— Bldg. 5995 admin., off-site use only maint hanger, off-site use only Fort Benning Bldg. S6287 Bldg. P925 Ft. Benning Co: Chattahoochee GA 31905 Fort Carson Hunter Army Airfield Landholding Agency: Army

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Property Number: 21200420043 Comments: 1440 sq. ft., most recent use— Bldg. 19204 thru 19207 Status: Excess education center, off-site use only Fort Stewart Comments: 114 sq. ft., most recent use— Bldg. 01002 Ft. Stewart Co: Liberty GA 31314 storage, off-site use only Fort Stewart Landholding Agency: Army Bldg. T01 Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420222 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420197 Comments: 960 sq. ft., most recent use— Landholding Agency: Army Status: Excess admin., off-site use only Property Number: 21200420181 Comments: 9267 sq. ft., most recent use— Bldgs. 19208 thru 19211 Status: Excess maintenance shop, off-site use only Fort Stewart Comments: 11,682 sq. ft., most recent use— Bldg. 01003 Ft. Stewart Co: Liberty GA 31314 admin., off-site use only Fort Stewart Landholding Agency: Army Bldg. T04 Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420223 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420198 Comments: 1540 sq. ft., most recent use— Landholding Agency: Army Status: Excess general installation bldg., off-site use only Property Number: 21200420182 Comments: 9267 sq. ft., most recent use— Bldg. 19212 Status: Excess admin, off-site use only Fort Stewart Comments: 8292 sq. ft., most recent use— Bldg. 19101 Ft. Stewart Co: Liberty GA 31314 admin., off-site use only Fort Stewart Landholding Agency: Army Bldg. T05 Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420224 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420215 Comments: 1248 sq. ft., off-site use only Landholding Agency: Army Status: Excess Bldg. 19213 Property Number: 21200420183 Comments: 6773 sq. ft., most recent use— Fort Stewart Status: Excess simulator bldg., off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 7992 sq. ft., most recent use— Bldg. 19102 Landholding Agency: Army admin., off-site use only Fort Stewart Property Number: 21200420225 Bldg. T06 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 1540 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420216 general installation bldg., off-site use only Landholding Agency: Army Status: Excess Bldg. 19214 Property Number: 21200420184 Comments: 3250 sq. ft., most recent use— Fort Stewart Status: Excess simulator bldg., off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 3305 sq. ft., most recent use— Bldg. T19111 Landholding Agency: Army communication center, off-site use only Fort Stewart Property Number: 21200420226 Bldg. T55 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 1796 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420217 transient UPH, off-site use only Landholding Agency: Army Status: Excess Bldg. 19215 Property Number: 21200420187 Comments: 1440 sq. ft., most recent use— Fort Stewart Status: Excess admin., off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 6490 sq. ft., most recent use— Bldg. 19112 Landholding Agency: Army admin., off-site use only Fort Stewart Property Number: 21200420227 Bldg. T85 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 1948 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420218 transient UPH, off-site use only Landholding Agency: Army Status: Excess Bldg. 19216 Property Number: 21200420188 Comments: 1344 sq. ft., most recent use— Fort Stewart Status: Excess storage, off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 3283 sq. ft., most recent use— Bldg. 19113 Landholding Agency: Army post chapel, off-site use only Fort Stewart Property Number: 21200420228 Bldg. T131 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 1540 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420219 transient UPH, off-site use only Landholding Agency: Army Status: Excess Bldg. 19217 Property Number: 21200420189 Comments: 1440 sq. ft., most recent use— Fort Stewart Status: Excess admin., off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 4720 sq. ft., most recent use— Bldg. T19201 Landholding Agency: Army admin., off-site use only Fort Stewart Property Number: 21200420229 Bldg. T132 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 120 sq. ft., most recent use—nav Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420220 aids bldg., off-site use only Landholding Agency: Army Status: Excess Bldg. 19218 Property Number: 21200420190 Comments: 960 sq. ft., most recent use— Fort Stewart Status: Excess physical fitness center, off-site use only Ft. Stewart Co: Liberty GA 31314 Comments: 4720 sq. ft., most recent use— Bldg. 19202 Landholding Agency: Army admin., off-site use only Fort Stewart Property Number: 21200420230 Bldg. T157 Ft. Stewart Co: Liberty GA 31314 Status: Excess Fort Stewart Landholding Agency: Army Comments: 2925 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Property Number: 21200420221 general installation bldg., off-site use only Landholding Agency: Army Status: Excess Bldgs. 19219, 19220 Property Number: 21200420191 Comments: 1210 sq. ft., most recent use— Fort Stewart Status: Excess community center, off-site use only Ft. Stewart Co: Liberty GA 31314

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Landholding Agency: Army Landholding Agency: Army Comments: 4425 sq. ft., most recent use— Property Number: 21200420231 Property Number: 21200420240 admin., off-site use only Status: Excess Status: Excess Bldg. 01243 Comments: 1200 sq. ft., most recent use— Comments: 738 sq. ft., off-site use only Hunter Army Airfield general installation bldg., off-site use only Bldg. 01674 Savannah Co: Chatham GA 31409 Bldg. 19223 Fort Benning Landholding Agency: Army Fort Stewart Ft. Benning Co: Chattachoochee GA 31905 Property Number: 21200610040 Ft. Stewart Co: Liberty GA 31314 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200510056 Comments: 1258 sq. ft., most recent use—ref/ Property Number: 21200420232 Status: Unutilized ac facility, off-site use only Status: Excess Comments: 5311 sq. ft., needs rehab, most Bldg. 01244 Comments: 6433 sq. ft., most recent use— recent use—gen. inst., off-site use only Hunter Army Airfield transient UPH, off-site use only Bldg. 01675 Savannah Co: Chatham GA 31409 Bldg. 19225 Fort Benning Landholding Agency: Army Fort Stewart Ft. Benning Co: Chattachoochee GA 31905 Property Number: 21200610041 Ft. Stewart Co: Liberty GA 31314 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200510057 Comments: 4096 sq. ft., presence of asbestos, Property Number: 21200420233 Status: Unutilized most recent use—hdqts. facility, off-site Status: Excess Comments: 5475 sq. ft., needs rehab, most use only Comments: 4936 sq. ft., most recent use— recent use—gen. inst., off-site use only Bldg. 01318 dining facility, off-site use only Bldg. 01676 Hunter Army Airfield Bldg. 19226 Fort Benning Savannah Co: Chatham GA 31409 Fort Stewart Ft. Benning Co: Chattachoochee GA 31905 Landholding Agency: Army Ft. Stewart Co: Liberty GA 31314 Landholding Agency: Army Property Number: 21200610042 Landholding Agency: Army Property Number: 21200510058 Status: Excess Property Number: 21200420234 Status: Unutilized Comments: 1500 sq. ft., most recent use— Status: Excess Comments: 7209 sq. ft., needs rehab, most storage, off-site use only Comments: 136 sq. ft., most recent use— recent use—gen. inst., off-site use only Bldg. 00612 general purpose installation bldg., off-site Bldg. 01677 Fort Stewart use only Fort Benning Liberty GA 31314 Landholding Agency: Army Bldg. T19228 Ft. Benning GA 31905 Property Number: 21200610043 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200510059 Comments: 5298 sq. ft., needs rehab, most Landholding Agency: Army Status: Unutilized recent use—health clinic, off-site use only Property Number: 21200420235 Comments: 5311 sq. ft., needs rehab, most Status: Excess recent use—gen. inst., off-site use only Bldg. 00614 Fort Stewart Comments: 400 sq. ft., most recent use— Bldg. 01678 admin., off-site use only Liberty GA 31314 Fort Benning Landholding Agency: Army Bldg. 19229 Ft. Benning Co: Chattachoochee GA 31905 Property Number: 21200610044 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200510060 Comments: 10,157 sq. ft., needs rehab, most Landholding Agency: Army Status: Unutilized recent use—brigade hqtrs, off-site use only Property Number: 21200420236 Comments: 6488 sq. ft., needs rehab, most Status: Excess recent use—gen. inst., off-site use only Bldg. 00618 Fort Stewart Comments: 640 sq. ft., most recent use— Bldg. 00051 Liberty GA 31314 vehicle shed, off-site use only Fort Stewart Landholding Agency: Army Bldg. 19232 Liberty GA 31314 Property Number: 21200610045 Fort Stewart Landholding Agency: Army Status: Excess Ft. Stewart Co: Liberty GA 31314 Property Number: 21200520087 Comments: 6137 sq. ft., needs rehab, most Landholding Agency: Army Status: Excess recent use—brigade hqtrs, off-site use only Property Number: 21200420237 Comments: 3196 sq. ft., most recent use— Bldg. 00628 Status: Excess court room, off-site use only Fort Stewart Comments: 96 sq. ft., most recent use— Bldg. 00052 Liberty GA 31314 general purpose installation, off-site use Fort Stewart Landholding Agency: Army only Liberty GA 31314 Property Number: 21200610046 Bldg. 19233 Landholding Agency: Army Status: Excess Fort Stewart Property Number: 21200520088 Comments: 10,050 sq. ft., needs rehab, most Ft. Stewart Co: Liberty GA 31314 Status: Excess recent use—brigade hqtrs, off-site use only Landholding Agency: Army Comments: 1250 sq. ft., most recent use— Bldg. 01079 Property Number: 21200420238 admin., off-site use only Fort Stewart Status: Excess Bldg. 00053 Liberty GA 31314 Comments: 48 sq. ft., most recent use—fire Fort Stewart Landholding Agency: Army support, off-site use only Liberty GA 31314 Property Number: 21200610047 Bldg. 19236 Landholding Agency: Army Status: Excess Fort Stewart Property Number: 21200520089 Comments: 7680 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Status: Excess range/target house, off-site use only Landholding Agency: Army Comments: 2844 sq. ft., most recent use— Bldg. 07901 Property Number: 21200420239 admin., off-site use only Fort Stewart Status: Excess Bldg. 00054 Liberty GA 31314 Comments: 1617 sq. ft., most recent use— Fort Stewart Landholding Agency: Army transient UPH, off-site use only Liberty GA 31314 Property Number: 21200610049 Bldg. 19238 Landholding Agency: Army Status: Excess Fort Stewart Property Number: 21200520090 Comments: 4800 sq. ft., most recent use— Ft. Stewart Co: Liberty GA 31314 Status: Excess range support, off-site use only

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Bldg. 08031 Maryland Landholding Agency: Army Fort Stewart Bldg. 8608 Property Number: 21200340087 Liberty GA 31314 Fort George G. Meade Status: Unutilized Landholding Agency: Army Ft. Meade MD 20755–5115 Comments: 9160 sq. ft., most recent use— Property Number: 21200610050 Landholding Agency: Army training, off-site use only Status: Excess Property Number: 21200410099 Bldg. 1621 Comments: 1296 sq. ft., most recent use— Status: Unutilized Fort Leonard Wood range/target house, off-site use only Comments: 2372 sq. ft., concrete block, most Ft. Leonard Wood Co: Pulaski MO 65743– Bldg. 08081 recent use—PX exchange, off-site use only 8944 Fort Stewart Bldg. 8612 Landholding Agency: Army Liberty GA 31314 Fort George G. Meade Property Number: 21200340088 Landholding Agency: Army Status: Unutilized Ft. Meade MD 20755–5115 Property Number: 21200610052 Comments: 2400 sq. ft., most recent use— Landholding Agency: Army Status: Excess exchange branch, off-site use only Property Number: 21200410101 Comments: 1296 sq. ft., most recent use— Status: Unutilized Bldg. 5760 range/target house, off-site use only Comments: 2372 sq. ft., concrete block, most Fort Leonard Wood Bldg. 08252 recent use—family life ctr., off-site use Ft. Leonard Wood Co: Pulaski MO 65743– Fort Stewart only 8944 Liberty GA 31314 Landholding Agency: Army Bldg. 0001A Landholding Agency: Army Property Number: 21200410102 Federal Support Center Property Number: 21200610053 Status: Unutilized Olney Co: Montgomery MD 20882 Status: Excess Comments: 2000 sq. ft., most recent use— Landholding Agency: Army Comments: 145 sq. ft., most recent use— classroom, off-site use only control tower, off-site use only Property Number: 21200520114 Status: Unutilized Bldg. 5762 Kentucky Comments: 9000 sq. ft., most recent use— Fort Leonard Wood storage Ft. Leonard Wood Co: Pulaski MO 65743– Bldg. 06894 8944 Bldg. 0001C Fort Campbell Landholding Agency: Army Christian KY 42223 Federal Support Center Property Number: 21200410103 Landholding Agency: Army Olney Co: Montgomery MD 20882 Status: Unutilized Property Number: 21200630070 Landholding Agency: Army Comments: 104 sq. ft., off-site use only Status: Unutilized Property Number: 21200520115 Comments: 4240 sq. ft., most recent use— Status: Unutilized Bldg. 5763 vehicle maintenance shop, off-site use only Comments: 2904 sq. ft., most recent use— Fort Leonard Wood Ft. Leonard Wood Co: Pulaski MO 65743– Bldg. 06895 mess hall 8944 Fort Campbell Bldgs. 00032, 00H14, 00H24 Landholding Agency: Army Christian KY 42223 Federal Support Center Property Number: 21200410104 Landholding Agency: Army Olney Co: Montgomery MD 20882 Status: Unutilized Property Number: 21200630071 Landholding Agency: Army Comments: 120 sq. ft., most recent use— Status: Unutilized Property Number: 21200520116 observation tower, off-site use only Comments: 4725 sq. ft., most recent use— Status: Unutilized storage, off-site use only Comments: various sq. ft., most recent use— Bldg. 5765 storage Fort Leonard Wood Louisiana Ft. Leonard Wood Co: Pulaski MO 65743– Bldgs. 00034, 00H016 Bldg. T401 8944 Federal Support Center Fort Polk Landholding Agency: Army Olney Co: Montgomery MD 20882 Ft. Polk LA 71459 Property Number: 21200410105 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21200520117 Property Number: 21200540084 Comments: 800 sq. ft., most recent use— Status: Unutilized Status: Unutilized range support, off-site use only Comments: 400/39 sq. ft., most recent use— Comments: 2169 sq. ft., most recent use— storage Bldg. 5760 admin., off-site use only Fort Leonard Wood Bldgs. 00H10, 00H12 Bldgs. T406, T407, T411 Ft. Leonard Wood Co: Pulaski MO 65743– Federal Support Center Fort Polk 8944 Olney Co: Montgomery MD 20882 Ft. Polk LA 71459 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200420059 Property Number: 21200520118 Property Number: 21200540085 Status: Unutilized Status: Unutilized Status: Unutilized Comments: 2000 sq. ft., most recent use— Comments: 2160/469 sq. ft., most recent Comments: 6165 sq. ft., most recent use— classroom, off-site use only use—vehicle maintenance admin., off-site use only Bldg. 5762 Bldg. T412 Michigan Fort Leonard Wood Fort Polk Bldg. 00001 Ft. Leonard Wood Co: Pulaski MO 65743– Ft. Polk LA 71459 Sheridan Hall USARC 8944 Landholding Agency: Army 501 Euclid Avenue Landholding Agency: Army Property Number: 21200540086 Helena Co: Lewis MI 59601–2865 Property Number: 21200420060 Status: Unutilized Landholding Agency: Army Status: Unutilized Comments: 12,251 sq. ft., most recent use— Property Number: 21200510066 Comments: 104 sq. ft., off-site use only admin., off-site use only Status: Unutilized Bldg. 5763 Bldgs. T414, T421 Comments: 19,321 sq. ft., most recent use— Fort Leonard Wood Fort Polk reserve center Ft. Leonard Wood Co: Pulaski MO 65743– Ft. Polk LA 71459 8944 Landholding Agency: Army Missouri Landholding Agency: Army Property Number: 21200540087 Bldg. 1230 Property Number: 21200420061 Status: Unutilized Fort Leonard Wood Status: Unutilized Comments: 6165/1688 sq. ft., most recent Ft. Leonard Wood Co: Pulaski MO 65743– Comments: 120 sq. ft., most recent use—obs. use—admin., off-site use only 8944 tower, off-site use only

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Bldg. 5765 Fort Bragg Fort Hood Fort Leonard Wood Ft. Bragg Co: Cumberland NC 28310 Bell TX 76544 Ft. Leonard Wood Co: Pulaski MO 65743– Landholding Agency: Army Landholding Agency: Army 8944 Property Number: 21200240087 Property Number: 21200440099 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21200420062 Comments: 3944 sq. ft., possible asbestos/ Comments: 3100 sq. ft., possible asbestos, Status: Unutilized lead paint, most recent use—community most recent use—general, off-site use only Comments: 800 sq. ft., most recent use— facility, off-site use only Bldg. 07002 support bldg., off-site use only Texas Fort Hood Bldg. 00467 Bell TX 76544 Bldgs. 4219, 4227 Fort Leonard Wood Landholding Agency: Army Fort Hood Ft. Leonard Wood Co: Pulaski MO 65743 Property Number: 21200440100 Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200530085 Comments: 2598 sq. ft., possible asbestos, Status: Unutilized Property Number: 21200220139 Status: Unutilized most recent use—fire station, off-site use Comments: 2790 sq. ft., most recent use—fast only food facility, off-site use only Comments: 8056, 500 sq. ft., most recent use—admin., off-site use only Bldg. 57001 New York Bldgs. 4229, 4230, 4231 Fort Hood Bldgs. 1511–1518 Fort Hood Bell TX 76544 U.S. Military Academy Ft. Hood Co: Bell TX 76544 Landholding Agency: Army Training Area Landholding Agency: Army Property Number: 21200440105 Highlands Co: Orange NY 10996 Property Number: 21200220140 Status: Excess Landholding Agency: Army Status: Unutilized Comments: 53,024 sq. ft., possible asbestos, Property Number: 21200320160 Comments: 9000 sq. ft., most recent use—hq. most recent use—storage, off-site use only Status: Unutilized bldg., off-site use only Bldgs. 125, 126 Comments: 2400 sq. ft. each, needs rehab, Bldgs. 4244, 4246 Fort Hood most recent use—barracks, off-site use only Fort Hood Bell TX 76544 Bldgs. 1523–1526 Ft. Hood Co: Bell TX 76544 Landholding Agency: Army U.S. Military Academy Landholding Agency: Army Property Number: 21200620075 Training Area Property Number: 21200220141 Status: Excess Highlands Co: Orange NY 10996 Status: Unutilized Comments: 2700/7200 sq. ft., presence of Landholding Agency: Army Comments: 9000 sq. ft., most recent use— asbestos, most recent use—admin., off-site Property Number: 21200320161 storage, off-site use only use only Status: Unutilized Bldgs. 4260, 4261, 4262 Bldg. 190 Comments: 2400 sq. ft. each, needs rehab, Fort Hood Fort Hood most recent use—barracks, off-site use only Ft. Hood Co: Bell TX 76544 Bell TX 76544 Bldgs. 1704–1705, 1721–1722 Landholding Agency: Army Landholding Agency: Army U.S. Military Academy Property Number: 21200220142 Property Number: 21200620076 Training Area Status: Unutilized Status: Excess Highlands Co: Orange NY 10996 Comments: 7680 sq. ft., most recent use— Comments: 2995 sq. ft., presence of asbestos, Landholding Agency: Army storage, off-site use only most recent use—conf. center, off-site use Property Number: 21200320162 only Status: Unutilized Bldg. 04335 Bldg. 02240 Comments: 2400 sq. ft. each, needs rehab, Fort Hood Fort Hood most recent use—barracks, off-site use only Bell TX 76544 Landholding Agency: Army Bell TX 76544 Bldg. 1723 Property Number: 21200440090 Landholding Agency: Army U.S. Military Academy Status: Excess Property Number: 21200620078 Training Area Comments: 3378 sq. ft., possible asbestos, Status: Excess Highlands Co: Orange NY 10996 most recent use—general, off-site use only Comments: 487 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 04465 most recent use—pool svc bldg, off-site use Property Number: 21200320163 only Status: Unutilized Fort Hood Comments: 2400 sq. ft., needs rehab, most Bell TX 76544 Bldg. 04164 recent use—day room, off-site use only Landholding Agency: Army Fort Hood Property Number: 21200440094 Bell TX 76544 Bldgs. 1706–1709 Status: Excess Landholding Agency: Army U.S. Military Academy Comments: 5310 sq. ft., possible asbestos, Property Number: 21200620079 Training Area most recent use—general, off-site use only Status: Excess Highlands Co: Orange NY 10996 Comments: 2253 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 04468 most recent use—storage, off-site use only Property Number: 21200320164 Fort Hood Status: Unutilized Bell TX 76544 Bldgs. 04218, 04228 Comments: 2400 sq. ft. each, needs rehab, Landholding Agency: Army Fort Hood most recent use—barracks, off-site use only Property Number: 21200440096 Bell TX 76544 Status: Excess Bldgs. 1731–1735 Landholding Agency: Army Comments: 3100 sq. ft., possible asbestos, Property Number: 21200620080 U.S. Military Academy most recent use—misc., off-site use only Training Area Status: Excess Highlands Co: Orange NY 10996 Bldgs. 04475–04476 Comments: 4682/9000 sq. ft., presence of Landholding Agency: Army Fort Hood asbestos, most recent use—admin, off-site Property Number: 21200320165 Bell TX 76544 use only Status: Unutilized Landholding Agency: Army Bldg. 04272 Comments: 2400 sq. ft. each, needs rehab, Property Number: 21200440098 Fort Hood most recent use—barracks, off-site use only Status: Excess Bell TX 76544 Comments: 3241 sq. ft., possible asbestos, Landholding Agency: Army North Carolina most recent use—general, off-site use only Property Number: 21200620081 Bldg. N4116 Bldg. 04477 Status: Excess

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Comments: 7680 sq. ft., presence of asbestos, Landholding Agency: Army Fort Hood most recent use—storage, off-site use only Property Number: 21200620092 Bell TX 76544 Bldg. 04415 Status: Excess Landholding Agency: Army Fort Hood Comments: 2686 sq. ft., presence of asbestos, Property Number: 21200740072 Bell TX 76544 most recent use—repair bays, off-site use Status: Excess Landholding Agency: Army only Comments: 80 sq. ft., presence of asbestos, Property Number: 21200620083 Bldg. 04632 most recent use—pump station, off-site use Status: Excess Fort Hood only Comments: 1750 sq. ft., presence of asbestos, Bell TX 76544 Bldg. 1943 most recent use—classroom, off-site use Landholding Agency: Army Fort Hood only Property Number: 21200620093 Bell TX 76544 4 Bldgs. Status: Excess Landholding Agency: Army Fort Hood Comments: 4000 sq. ft., presence of asbestos, Property Number: 21200740073 04419, 04420, 04421, 04424 most recent use—storage, off-site use only Status: Excess Bell TX 76544 Bldg. 04640 Comments: 780 sq. ft., presence of asbestos, Landholding Agency: Army Fort Hood most recent use—rod & gun club, off-site Property Number: 21200620084 Bell TX 76544 use only Status: Excess Landholding Agency: Army Bldg. 1946 Comments: 5310 sq. ft., presence of asbestos, Property Number: 21200620094 Fort Hood most recent use—admin., off-site use only Status: Excess Bell TX 76544 4 Bldgs. Comments: 1600 sq. ft., presence of asbestos, Landholding Agency: Army Fort Hood most recent use—storage, off-site use only Property Number: 21200740074 04425, 04426, 04427, 04429 Bldg. 04645 Status: Excess Bell TX 76544 Fort Hood Comments: 2880 sq. ft., presence of asbestos, Landholding Agency: Army Bell TX 76544 most recent use—storage, off-site use only Property Number: 21200620085 Landholding Agency: Army Bldg. 4205 Status: Excess Property Number: 21200620095 Fort Hood Comments: 5310 sq. ft., presence of asbestos, Status: Excess Bell TX 76544 most recent use—admin., off-site use only Comments: 5300 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 04430 most recent use—storage, off-site use only Property Number: 21200740075 Fort Hood Bldg. 04906 Status: Excess Bell TX 76544 Fort Hood Comments: 600 sq. ft., presence of asbestos, Landholding Agency: Army Bell TX 76544 most recent use—storage, off-site use only Property Number: 21200620087 Landholding Agency: Army Bldg. 4207 Status: Excess Property Number: 21200620096 Fort Hood Comments: 3241 sq. ft., presence of asbestos, Status: Excess Bell TX 76544 most recent use—storage, off-site use only Comments: 1040 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 04434 most recent use—storage, off-site use only Property Number: 21200740076 Fort Hood Bldg. 20121 Status: Excess Bell TX 76544 Fort Hood Comments: 2240 sq. ft., presence of asbestos, Landholding Agency: Army Bell TX 76544 most recent use—maint. shop, off-site use Property Number: 21200620088 Landholding Agency: Army only Status: Excess Property Number: 21200620097 Bldg. 4208 Comments: 5310 sq. ft., presence of asbestos, Status: Excess Fort Hood most recent use—admin., off-site use only Comments: 5200 sq. ft., presence of asbestos, Bell TX 76544 Bldg. 04439 most recent use—rec center, off-site use Landholding Agency: Army Fort Hood only Property Number: 21200740077 Bell TX 76544 Bldg. 91052 Status: Excess Landholding Agency: Army Fort Hood Comments: 9464 sq. ft., presence of asbestos, Property Number: 21200620089 Bell TX 76544 most recent use—warehouse, off-site use Status: Excess Landholding Agency: Army only Comments: 3312 sq. ft., presence of asbestos, Property Number: 21200620101 Bldgs. 4210, 4211, 4216 most recent use—co ops bldg, off-site use Status: Excess Fort Hood only Comments: 224 sq. ft., presence of asbestos, Bell TX 76544 Bldgs. 04470, 04471 most recent use—lab/test, off-site use only Landholding Agency: Army Fort Hood Bldg. 1345 Property Number: 21200740078 Bell TX 76544 Fort Hood Status: Excess Landholding Agency: Army Bell TX 76544 Comments: 4625/5280 sq. ft., presence of Property Number: 21200620090 Landholding Agency: Army asbestos, most recent use—maint., off-site Status: Excess Property Number: 21200740070 use only Comments: 3241 sq. ft., presence of asbestos, Status: Excess Bldg. 4219A most recent use—admin., off-site use only Comments: 240 sq. ft., presence of asbestos, Fort Hood Bldg. 04493 most recent use—oil storage, off-site use Bell TX 76544 Fort Hood only Landholding Agency: Army Bell TX 76544 Bldgs. 1348, 1941 Property Number: 21200740079 Landholding Agency: Army Fort Hood Status: Excess Property Number: 21200620091 Bell TX 76544 Comments: 446 sq. ft., presence of asbestos, Status: Excess Landholding Agency: Army most recent use—storage, off-site use only Comments: 3108 sq. ft., presence of asbestos, Property Number: 21200740071 Bldg. 04252 most recent use—housing maint., off-site Status: Excess Fort Hood use only Comments: 640/900 sq. ft., presence of Bell TX 76544 Bldg. 04494 asbestos, most recent use—admin., off-site Landholding Agency: Army Fort Hood use only Property Number: 21200740081 Bell TX 76544 Bldg. 1919 Status: Excess

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Comments: 9000 sq. ft., presence of asbestos, Property Number: 21200740091 Property Number: 21200740100 most recent use—storage, off-site use only Status: Excess Status: Excess Bldg. 4255 Comments: 252 sq. ft., presence of asbestos, Comments: 2080 sq. ft., presence of asbestos, Fort Hood most recent use—recreation services, off- most recent use—officers qtrs., off-site use Bell TX 76544 site use only only Landholding Agency: Army Bldg. 20118 9 Bldgs. Property Number: 21200740082 Fort Hood Fort Hood Status: Excess Bell TX 76544 Bell TX 76544 Comments: 448 sq. ft., presence of asbestos, Landholding Agency: Army Landholding Agency: Army off-site use only Property Number: 21200740092 Property Number: 21200740101 Bldg. 04480 Status: Excess Status: Excess Fort Hood Comments: 320 sq. ft., presence of asbestos, Directions: 56526, 56527, 56528, 56530, Bell TX 76544 most recent use—maint., off-site use only 56531, 56536, 56537, 56538, 56540 Landholding Agency: Army Bldg. 29027 Comments: various sq. ft., presence of Property Number: 21200740083 Fort Hood asbestos, most recent use—lavatory, off-site Status: Excess Bell TX 76544 use only Comments: 2700 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 92043 most recent use—storage, off-site use only Property Number: 21200740093 Fort Hood Bldg. 04485 Status: Excess Bell TX 76544 Fort Hood Comments: 2240 sq. ft., presence of asbestos, Landholding Agency: Army Bell TX 76544 most recent use—hdqts bldg, off-site use Property Number: 21200740102 Landholding Agency: Army only Status: Excess Property Number: 21200740084 Bldg. 56017 Comments: 450 sq. ft., presence of asbestos, Status: Excess Fort Hood most recent use—storage, off-site use only Comments: 640 sq. ft., presence of asbestos, Bell TX 76544 Bldg. 92072 most recent use—maint., off-site use only Landholding Agency: Army Fort Hood Bell TX 76544 Bldgs. 04487, 04488 Property Number: 21200740094 Landholding Agency: Army Fort Hood Status: Excess Property Number: 21200740103 Bell TX 76544 Comments: 2592 sq. ft., presence of asbestos, Status: Excess Landholding Agency: Army most recent use—admin., off-site use only Comments: 2400 sq. ft., presence of asbestos, Property Number: 21200740085 Bldg. 56202 most recent use—admin., off-site use only Status: Excess Fort Hood Comments: 48/80 sq. ft., presence of asbestos, Bell TX 76544 Bldg. 92083 most recent use—utility bldg., off-site use Landholding Agency: Army Fort Hood only Property Number: 21200740095 Bell TX 76544 Status: Excess Landholding Agency: Army Bldg. 04489 Property Number: 21200740104 Fort Hood Comments: 1152 sq. ft., presence of asbestos, most recent use—training, off-site use only Status: Excess Ft. Hood TX 76544 Comments: 240 sq. ft., presence of asbestos, Landholding Agency: Army Bldg. 56224 most recent use—utility bldg., off-site use Property Number: 21200740086 Fort Hood only Status: Excess Bell TX 76544 Comments: 880 sq. ft., presence of asbestos, Landholding Agency: Army Bldgs. 04213, 04227 most recent use—admin., off-site use only Property Number: 21200740096 Fort Hood Status: Excess Bell TX 76544 Bldgs. 4491, 4492 Landholding Agency: Army Comments: 80 sq. ft., presence of asbestos, Fort Hood Property Number: 21200740189 off-site use only Bell TX 76544 Status: Excess Landholding Agency: Army Bldg. 56305 Comments: 14183/10500 sq. ft., presence of Property Number: 21200740087 Fort Hood asbestos, most recent use—admin., off-site Status: Excess Bell TX 76544 use only Comments: 3108/1040 sq. ft., presence of Landholding Agency: Army Bldg. 4404 asbestos, most recent use—maint., off-site Property Number: 21200740097 Fort Hood use only Status: Excess Bell TX 76544 Comments: 2160 sq. ft., presence of asbestos, Bldgs. 04902, 04905 Landholding Agency: Army Fort Hood most recent use—admin., off-site use only Property Number: 21200740190 Bell TX 76544 Bldg. 56311 Status: Excess Landholding Agency: Army Fort Hood Comments: 8043 sq ft., presence of asbestos, Property Number: 21200740088 Bell TX 76544 most recent use—training bldg., off-site use Status: Excess Landholding Agency: Army only Comments: 2575/6136 sq. ft., presence of Property Number: 21200740098 Bldg. 56607 asbestos, most recent use—vet bldg., off- Status: Excess Fort Hood site use only Comments: 480 sq. ft., presence of asbestos, Bell TX 76544 Bldgs. 04914, 04915, 04916 most recent use—laundry, off-site use only Landholding Agency: Army Fort Hood Bldg. 56327 Property Number: 21200740191 Bell TX 76544 Fort Hood Status: Excess Landholding Agency: Army Bell TX 76544 Comments: 3552 sq. ft., presence of asbestos, Property Number: 21200740089 Landholding Agency: Army most recent use—chapel, off-site use only Status: Excess Property Number: 21200740099 Bldg. 91041 Comments: 371 sq. ft., presence of asbestos, Status: Excess Fort Hood most recent use—animal shelter, off-site Comments: 6000 sq. ft., presence of asbestos, Bell TX 76544 use only most recent use—admin., off-site use only Landholding Agency: Army Bldg. 20102 Bldg. 56329 Property Number: 21200740192 Fort Hood Fort Hood Status: Excess Bell TX 76544 Bell TX 76544 Comments: 1920 sq. ft., presence of asbestos, Landholding Agency: Army Landholding Agency: Army most recent use—shed, off-site use only

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5 Bldgs. Comments: 2540 sq. ft., most recent use— Comments: 400 sq. ft., most recent use— Fort Hood admin., off-site use only storage, off-site use only 93010, 93011, 93012, 93014 4 Bldgs. Washington Bell TX 76544 Fort Eustis Bldg. 05904 Landholding Agency: Army 01514, 01523, 01528, 01529 Property Number: 21200740193 Fort Lewis Ft. Eustis VA 23604 Ft. Lewis Co: Pierce WA 98433–9500 Status: Excess Landholding Agency: Army Comments: 210/800 sq. ft., presence of Landholding Agency: Army Property Number: 21200720074 Property Number: 21200240092 asbestos, most recent use—private club, Status: Unutilized off-site use only Status: Excess Comments: 4720 sq. ft., most recent use— Comments: 82 sq. ft., most recent use—guard Bldg. 94031 admin., off-site use only shack, off-site use only Fort Hood 4 Bldgs. Bell TX 76544 Fort Eustis Unsuitable Properties Landholding Agency: Army 01534, 01542, 01549, 01557 Buildings (by State) Property Number: 21200740194 Ft. Eustis VA 23604 Status: Excess Landholding Agency: Army Alabama Comments: 1008 sq. ft., presence of asbestos, Property Number: 21200720075 113 Bldgs. most recent use—training, off-site use only Status: Unutilized Redstone Arsenal Virginia Comments: 4720 sq. ft., most recent use— Redstone Arsenal Co: Madison AL 35898– Bldg. T2827 admin., off-site use only Landholding Agency: Army Fort Pickett Bldgs. 01707, 01719 Property Number: 21200040005– Blackstone Co: Nottoway VA 23824 Fort Eustis 21200040012, 21200120018, Landholding Agency: Army Ft. Eustis VA 23604 21200220003–21200220004, Property Number: 21200320172 Landholding Agency: Army 21200240007–21200240022, Status: Unutilized Property Number: 21200720077 21200330001–2120330004, 21200340011, Comments: 3550 sq. ft., presence of asbestos, Status: Unutilized 21200340095, 21200420068–21200420071, most recent use—dining, off-site use only Comments: 4720 sq. ft., most recent use— 21200440001, 21200520002, admin., off-site use only 21200540002–21200540006, 21200610003, Bldg. T2841 21200620002, 21200630020, 21200740108, Bldg. 01720 Fort Pickett 21200810002, 21200830007, Fort Eustis Blackstone Co: Nottoway VA 23824 21200840003–21200840007, 21200920011 Ft. Eustis VA 23604 Landholding Agency: Army Status: Unutilized Property Number: 21200320173 Landholding Agency: Army Reason: Secured Area, Extensive Status: Unutilized Property Number: 21200720078 deterioration Comments: 2950 sq. ft., presence of asbestos, Status: Unutilized most recent use—dining, off-site use only Comments: 1984 sq. ft., most recent use— 19 Bldgs., Fort Rucker admin., off-site use only Ft. Rucker Co: Dale AL 36362 Bldg. 01014 Landholding Agency: Army Fort Story Bldgs. 01721, 01725 Property Number: 21200040013, Ft. Story VA 23459 Fort Eustis 21200440005, 21200540001, 21200540100, Landholding Agency: Army Ft. Eustis VA 23604 21200610008, 21200620001, Property Number: 21200720067 Landholding Agency: Army 21200640002–21200640005, 21200720001 Status: Unutilized Property Number: 21200720079 Status: Unutilized Comments: 1014 sq. ft., most recent use— Status: Unutilized Reason: Extensive deterioration admin., off-site use only Comments: 4720 sq. ft., most recent use— Bldg. 01271, Fort McClellan admin., off-site use only Bldg. 01022 Ft. McClellan Co: Calhoun AL 36205–5000 Fort Story Bldgs. 01726, 01735, 01736 Landholding Agency: Army Ft. Story VA 23459 Fort Eustis Property Number: 21200430004 Landholding Agency: Army Ft. Eustis VA 23604 Status: Unutilized Property Number: 21200720068 Landholding Agency: Army Reason: Extensive deterioration Status: Unutilized Property Number: 21200720080 9 Bldgs., Anniston Army Depot Comments: 2398 sq. ft., most recent use— Status: Unutilized Calhoun AL 36201 dining, off-site use only Comments: 1144 sq. ft., most recent use— Landholding Agency: Army admin., off-site use only 4 Bldgs. Property Number: 21200920029 Fort Story Bldgs. 01734, 01745, 01747 Status: Unutilized 01023, 01029, 01036, 01038 Fort Eustis Reasons: Extensive deterioration Ft. Story VA 23459 Ft. Eustis VA 23604 Landholding Agency: Army Landholding Agency: Army Alaska Property Number: 21200720069 Property Number: 21200720081 3 Bldgs., Fort Wainwright Status: Unutilized Status: Unutilized Ft. Wainwright AK 99703 Comments: 4800 sq. ft., most recent use— Comments: 4720 sq. ft., most recent use— Landholding Agency: Army barracks, off-site use only admin., off-site use only Property Number: 21200610001– Bldg. 01063 Bldg. 01741 21200610002 Fort Story Fort Eustis Status: Unutilized Ft. Story VA 23459 Ft. Eustis VA 23604 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Landholding Agency: Army explosive material, Secured area, Floodway Property Number: 21200720072 Property Number: 21200720082 6 Bldgs., Fort Richardson Status: Unutilized Status: Unutilized Ft. Richardson Co: AK 99505 Comments: 2000 sq. ft., most recent use— Comments: 1984 sq. ft., most recent use— Landholding Agency: Army storage, off-site use only admin., off-site use only Property Number: 21200340006, Bldg. 00215 Bldg. 02720 21200820058, 21200830006, 21200920028 Fort Eustis Fort Eustis Status: Excess Ft. Eustis VA 23604 Ft. Eustis VA 23604 Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Bldg. 02A60 Property Number: 21200720073 Property Number: 21200720083 Noatak Armory Status: Unutilized Status: Unutilized Kotzebue AK

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Landholding Agency: Army 21200110001–21200110017, Presidio of Monterey Annex Property Number: 21200740105 21200140011–21200140014, 21200530001 Seaside Co: Monterey CA 93944 Status: Excess Status: Unutilized Landholding Agency: Army Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Property Number: 21199940051 explosive material 20 Bldgs., Pine Bluff Arsenal Status: Unutilized Bldg. 00655 Jefferson AR 71602 Reason: Extensive deterioration Fort Greely Landholding Agency: Army 46 Bldgs. Fort Greely AK 96740 Property Number: 21200820059– Fort Irwin Landholding Agency: Army 21200820060 Ft. Irwin Co: San Bernardino CA 92310 Property Number: 21200930004 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Secured Area Property Number: 21199920037– 21199920038, 21200030016–21200030018, Reasons: Secured Area, Extensive California deterioration, Within 2000 ft. of flammable 21200040014, 21200110018–21200110020, or explosive material Bldg. 18 21200130002–21200130003, Riverbank Army Ammunition Plant Arizona 21200210001–21200210005, 5300 Claus Road 21200240031–21200240033 32 Bldgs. Riverbank Co: Stanislaus CA 95367 Status: Unutilized Navajo Depot Activity Landholding Agency: Army Reason: Secured Area, Extensive Bellemont Co: Coconino AZ 86015 Property Number: 219012554 deterioration Location: 12 miles west of Flagstaff, Arizona Status: Unutilized Bldgs. 00131, 00273 on I–40 Reason: Within 2000 ft. of flammable or Fort Hunter Liggett Landholding Agency: Army explosive material, Secured Area Monterey CA 93928 Property Number: 219014560–219014591 13 Bldgs. Landholding Agency: Army Status: Underutilized Riverbank Army Ammunition Plant Property Number: 21200840008 Reason: Secured Area Riverbank Co: Stanislaus CA 95367 Status: Unutilized 10 properties: 753 earth covered igloos; above Landholding Agency: Army Reasons: Extensive deterioration ground standard magazines Property Number:219013582– 5 Bldgs, March AFRC Navajo Depot Activity 219013588,219013590, 219240444– Riverside CA 92518 Bellemont Co: Coconino AZ 86015– 219240446, 21200530003, 21200840009 Landholding Agency: Army Location: 12 miles west of Flagstaff, Arizona Status: Underutilized Property Number: 21200710001– on I–40. Reason: Secured Area 21200710002 Landholding Agency: Army Bldgs. 13, 171, 178 Status: Unutilized Property Number: 219014592–219014601 Riverbank Ammun Plant Reasons: Extensive deterioration Status: Underutilized 5300 Claus Road 7 Bldgs., Camp Parks Reason: Secured Area Riverbank Co: Stanislaus CA 95367 Dublin CA 94568 7 Bldgs. Landholding Agency: Army Landholding Agency: Army Navajo Depot Activity Property Number: 219120162–219120164 Property Number: 21200840010– Bellemont Co: Coconino AZ 86015–5000 Status: Underutilized 21200840012 Location: 12 miles west of Flagstaff on I–40 Reason: Secured Area Status: Unutilized Landholding Agency: Army 43 Bldgs. Reasons: Extensive deterioration Property Number: 219030273, 219120177– DDDRW Sharpe Facility Bldg. 01294, Mare Island USAR Center 219120181 Tracy Co: San Joaquin CA 95331 Vallejo CA 94592 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Secured Area Property Number: 219610289, 21199930021, Property Number: 21200930006 102 Bldgs. 21200030005–21200030015, 21200040015, Status: Excess Camp Navajo 21200120029–21200120039, 21200130004, Reasons: Extensive deterioration Bellemont Co: AZ 86015 21200240025–21200240030, 21200330007, Colorado Landholding Agency: Army 21200920031, 21200930005 Property Number: 21200140006– Status: Unutilized Bldgs. T–317, T–412, 431, 433 21200140010, 21200740109–21200740114 Reason: Secured Area Rocky Mountain Arsenal Commerce Co: Adams CO 80022–2180 Status: Unutilized 61 Bldgs. Reasons: Within 2000 ft. of flammable or Landholding Agency: Army Los Alamitos Co: Orange CA 90720–5001 Property Number: 219320013–219320016 explosive material, Secured Area (Most are Landholding Agency: Army extensively deteriorated) Status: Unutilized Property Number: 219520040, 21200530002, Reason: Within 2000 ft. of flammable or 7 Bldgs. Status: Unutilized explosive material, Secured Area, Papago Park Military Rsv Reason: Extensive deterioration Extensive deterioration Phoenix AZ 85008 8 Bldgs. 21 Bldgs. Fort Carson Landholding Agency: Army Sierra Army Depot Property Number: 21200740001– Ft. Carson Co: El Paso CO 80913–5023 Herlong Co: Lassen CA 96113 Landholding Agency: Army 21200740002 Landholding Agency: Army Status: Unutilized Property Number: 219830024, 21200130006– Property Number: 21199840015, 21200130009, 21200420161–21200420164, Reason: Extensive deterioration, Within 21199920033–21199920036 airport runway clear zone, Secured Area 21200720003, 21200740003–21200740004, Status: Underutilized 21200820063, 21200930007 6 Bldgs., Fort Huachuca Reason: Within 2000 ft. of flammable or Status: Unutilized Cochise AZ 85613 explosive material Reason: Extensive deterioration (Some are Landholding Agency: Army 575 Bldgs., Camp Roberts within 2000 ft. of flammable or explosive Property Number: 21200820061 Camp Roberts Co: San Luis Obispo CA material) Status: Excess Landholding Agency: Army Reason: Extensive deterioration 31 Bldgs., Pueblo Chemical Depot Property Number: 21199730014, 219820205– Pueblo CO 81006–9330 Arkansas 219820234, 21200530004, 21200540007– Landholding Agency: Army 190 Bldgs., Fort Chaffee 21200540031, 21200830009–21200830010 Property Number: 21200030019– Ft. Chaffee Co: Sebastian AR 72905–5000 Status: Excess 21200030021, 21200420165–21200420166, Landholding Agency: Army Reason: Secured Area, Extensive 21200610009–21200610010, 21200630023, Property Number: 219630019, 219630021, deterioration 21200720002, 21200720007–21200720008, 219630029, 219640462–219640477, 24 Bldgs. 21200840013–21200840014, 21200930008

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Status: Unutilized Landholding Agency: Army Rock Island Arsenal Reason: Extensive deterioration, Secured Property Number: 21200520005 Rock Island Co: Rock Island IL 61299–5000 Area Status: Unutilized Landholding Agency: Army Georgia Reason: Extensive deterioration Property Number: 219620428, 21200140043– Hawaii 21200140044, 21200920037 Fort Stewart, Sewage Treatment Plant Status: Unutilized Ft. Stewart Co: Hinesville GA 31314 46 Bldgs., Schofield Barracks Reason: Some are in a secured area, Some are Landholding Agency: Army Wahiawa Co: Wahiawa HI 96786 extensively deteriorated, Some are within Property Number: 219013922 Landholding Agency: Army 2000 ft. of flammable or explosive material Status: Unutilized Property Number: 219014836–219014837, 15 Bldgs. Reason: Sewage treatment 21200540035–21200540037, Charles Melvin Price Support Center 21200620008–21200620010, 21200640022, 10 Bldgs., Fort Gordon Granite City Co: Madison IL 62040 21200740010–21200740012, Augusta Co: Richmond GA 30905 Landholding Agency: Army 21200810004–21200810006, 21200840016, Landholding Agency: Army Property Number: 219820027, 21199930042– 21200920015 Property Number: 21200610012, 21199930053 Status: Unutilized 21200720009–21200720010 Status: Unutilized Reason: Secured Area (Most are extensively Status: Unutilized Reason: Secured Area, Floodway, Extensive deteriorated) Reason: Extensive deterioration deterioration 70 Bldgs. 162 Bldgs., Fort Benning Indiana Ft. Benning Co: Muscogee GA 31905 Kipapa Ammo Storage Site Landholding Agency: Army Honolulu Co: HI 96786 139 Bldgs., Newport Army Ammunition Property Number: 219610320, 219810028, Landholding Agency: Army Plant 219810030, 219830073, 21200030026, Property Number: 21200520006, Newport Co: Vermillion IN 47966 21200330008–21200330010, 21200620011 Landholding Agency: Army 21200410001–21200410009, Status: Unutilized Property Number: 219011584, 219011586– 21200430011–21200430016, 21200440009, Reason: Extensive deterioration 219011587, 219011589–219011590, 21200510003, 21200610011, 21200620004, 9 Bldgs. 219011592–219011627, 219011629– 21200630024–21200630027, Wheeler Army Airfield 219011636, 219011638–219011641, 21200640007–21200640020, 21200710011, Honolulu Co: HI 96786 219210149, 219430336, 219430338, 21200720004–21200720005, 21200740006, Landholding Agency: Army 219530079–219530096, 219740021– 21200740121–21200740122, 21200820064, Property Number: 21200520008, 219740026, 219820031–219820032, 21200830011, 21200840015, 21200920014, 21200620006–21200620007, 21200630028, 21199920063, 21200330015–21200330016, 21200920032 21200830012 21200440019, 21200610013–21200610014, Status: Unutilized Status: Unutilized 21200710025, 21200820037 Reason: Extensive deterioration Reason: Extensive deterioration Status: Unutilized Reason: Secured Area (Some are extensively 33 Bldgs. 140 Bldgs., Aliamanu deteriorated.) Fort Gillem Honolulu Co: HI 96818 Forest Park Co: Clayton GA 30050 Landholding Agency: Army 2 Bldgs., Atterbury Reserve Forces Training Landholding Agency: Army Property Number: 21200440015– Area Property Number: 219620815, 21199920044– 21200440017, 21200620005 Edinburgh Co: Johnson IN 46124–1096 21199920050, 21200140016, Status: Unutilized Landholding Agency: Army 21200220011–21200220012, 21200230005, Reason: Contamination (Some are in a Property Number: 219230030–219230031 21200340013–21200340016, secured area.) Status: Unutilized 21200420074–21200420082, 21200810003 7 Bldgs., Kalaeloa Reason: Extensive deterioration Status: Unutilized Kapolei HI 96707 Iowa Reason: Extensive deterioration, Secured Landholding Agency: Army 201 Bldgs., Iowa Army Ammunition Plant Area Property Number: 21200640108– Middletown Co: Des Moines IA 52638 36 Bldgs. 21200640112 Landholding Agency: Army Fort Stewart Status: Unutilized Property Number: 219012605–219012607, Hinesville Co: Liberty GA 31314 Reasons: Extensive deterioration 219012609, 219012611, 219012613, Landholding Agency: Army 6 Facilities 219012620, 219012622, 219012624, Property Number: 21199940060, Tanapag USARC 219013706–219013738, 219120172– 21200540034, 21200710005–21200710009, Tanapag HI 219120174, 219440112–219440158, 21200720011, 21200740007, Landholding Agency: Army 219520002, 219520070, 219740027, 21200740123–21200740125, 21200820066, Property Number: 21200740008, 21200220022, 21200230019–21200230023, 21200920013, 21200920034 21200830047, 21200920035 21200330012–21200330014, 21200340017, Status: Unutilized Status: Unutilized 21200420083, 21200430018, 21200440018, Reason: Extensive Deterioration Reasons: Extensive deterioration 21200510004–21200510006, 21200520009, 16 Bldgs., Hunter Army Airfield Idaho 21200540038–21200540039, 21200620012, Savannah Co: Chatham GA 31409 21200710020–21200710024, Bldg. 00110, Wilder Landholding Agency: Army 21200740126–21200740133, 21200810008 Canyon ID 83676 Status: Unutilized Property Number: 219830068, 21200710010, Landholding Agency: Army 21200720012, 21200740117–21200740119, Property Number: 21200740134 Reason: (Many are in a Secured Area) (Most 21200820065, 21200920012, 21200920033 Status: Unutilized are within 2000 ft. of flammable or Status: Unutilized Reasons: Secured Area, Extensive explosive material.) Reason: Extensive deterioration deterioration 27 Bldgs., Iowa Army Ammunition Plant 6 Bldgs., Fort McPherson Bldg. 00011, Edgemeade Middletown Co: Des Moines IA 52638 Ft. McPherson Co: Fulton GA 30330–5000 Elmore ID 83647 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 219230005–219230029, Property Number: 21200040016– Property Number: 21200930009 219310017, 219340091 21200040018, 21200230004, 21200520004 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldgs. TD010, TD020 Bldgs. 00023, 00049, 00070, Camp Merrill Illinois Camp Dodge Dahlonega Co: Lumpkin GA 30533 4 Bldgs. Johnson IA 50131

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Landholding Agency: Army 21200810010, 21200820069, 21200830013, Landholding Agency: Army Property Number: 21200920036 21200920040–21200920043 Property Number: 21200320024 Status: Excess Status: Unutilized Status: Unutilized Reasons: Extensive deterioration Reason: Extensive deterioration Reason: Extensive deterioration Kansas 8 Bldgs., Blue Grass Army Depot 11 Bldgs. Richmond Co: Madison KY 40475 Fort Detrick 37 Bldgs. Landholding Agency: Army Frederick Co: MD 21702 Kansas Army Ammunition Plant Property Number: 21200520011, Landholding Agency: Army Production Area 21200740136–21200740138, 21200830014 Property Number: 21200540041, Parsons Co: Labette KS 67357 Status: Unutilized 21200640113, 21200720026, 21200740140, Landholding Agency: Army Reason: Secured Area 21200810019, 21200840023–21200840024 Property Number: 219011909–219011945 Louisiana Status: Unutilized Status: Unutilized Reason: Secured Area Reason: Secured Area (Most are within 2000 528 Bldgs. Bldg. 0001B ft. of flammable or explosive material) Louisiana Army Ammunition Plant Federal Support Center 121 Bldgs. Doylin Co: Webster LA 71023 Landholding Agency: Army Olney Co: Montgomery MD 20882 Kansas Army Ammunition Plant Landholding Agency: Army Parsons Co: Labette KS 67357 Property Number: 219011714–219011716, 219011735–219011737, 219012112, Property Number: 21200530018 Landholding Agency: Army Status: Underutilized Property Number: 219620518–219620638 219013863–219013869, 219110131, 219240138–219240147, 219420332, Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material Reason: Secured Area 219610049–219610263, 219620002– 219620200, 219620749–219620801, Massachusetts 9 Bldgs. 219820047–219820078 Bldg. 3713, USAG Devens Fort Riley Status: Unutilized Devens MA 01434 Ft. Riley Co: Riley KS 66442 Reason: Secured Area (Most are within 2000 Landholding Agency: Army Landholding Agency: Army ft. of flammable or explosive material) Property Number: 21200840022 Property Number: 21200310007, (Some are extensively deteriorated) 21200540040, 21200740135, Status: Excess 21200920038–21200920039 215 Bldgs., Fort Polk Reasons: Secured Area Ft. Polk Co: Vernon Parish LA 71459–7100 Status: Unutilized Michigan Reason: Extensive deterioration Landholding Agency: Army Property Number: 21199920070, Bldgs. 5755–5756 3 Bldgs. 21200130030–21200130043, Newport Weekend Training Site Fort Leavenworth 21200530008–21200530017, Carleton Co: Monroe MI 48166 Leavenworth KS 66027 21200610016–21200610019, 21200620014, Landholding Agency: Army Landholding Agency: Army 21200640036–21200640048, Property Number: 219310060–219310061 Property Number: 21200820068, 21200820002–21200820012, Status: Unutilized 21200840018 21200830015–21200830016 Reason: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration Reasons: Extensive deterioration Reason: Extensive deterioration (Some are in 54 Bldgs. Kentucky Floodway.) Fort Custer Training Center Bldg. 126 Maryland 2501 26th Street Lexington-Blue Grass Army Depot 200 Bldgs., Aberdeen Proving Ground Augusta Co: Kalamazoo MI 49102–9205 Lexington Co: Fayette KY 40511 Aberdeen City Co: Harford MD 21005–5001 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200220058– Property Number: 219011661 Property Number: 219012610, 219012638– 21200220062, 21200410036–21200410042, Status: Unutilized 219012640, 219012658, 219610489– 21200540048–21200540051 Reason: Secured Area, Sewage treatment 219610490, 219730077, 219810076– Status: Unutilized facility 219810112, 219820090, 219820096, Reason: Extensive deterioration Bldg. 12 21200120059, 21200120060, 39 Bldgs., US Army Garrison-Selfridge Lexington-Blue Grass Army Depot 21200410017–21200410032, Macomb Co: MI 48045 Lexington Co: Fayette KY 40511 21200420098–21200420100, 21200440027, Landholding Agency: Army Landholding Agency: Army 21200520021, 21200740015, Property Number: 21200420093, Property Number: 219011663 21200740141–21200740144, 21200510020–21200510023 Status: Unutilized 21200810011–21200810018, Status: Unutilized Reason: Industrial waste treatment plant 21200820134–21200820142, Reason: Secured Area 65 Bldgs., Fort Knox 21200840025–21200840033, 21200920016, 4 Bldgs., Poxin USAR Center Ft. Knox Co: Hardin KY 40121 21200920044–21200920045 Southfield Co: Oakland MI 48034 Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 21200130028– Reason: Most are in a secured area (Some are Property Number: 21200330026– 21200130029, 21200440025–21200440026, within 2000 ft. of flammable or explosive 21200330027, 21200420095 21200510007–21200510009, 21200640023, material) (Some are in a floodway) (Some Status: Unutilized 21200740014, 21200820070, are extensively deteriorated) Reason: Extensive deterioration 21200840019–21200840021, 21200930011 63 Bldgs. Ft. George G. Meade 20 Bldgs. Status: Unutilized Ft. Meade Co: Anne Arundel MD 20755 Grayling Army Airfield Reason: Extensive deterioration Landholding Agency: Army Grayling Co: Crawford MI 49739 125 Bldgs., Fort Campbell Property Number: 219810065, 21200140059– Landholding Agency: Army Ft. Campbell Co: Christian KY 42223 21200140060, 21200410014, 21200510018, Property Number: 21200410034– Landholding Agency: Army 21200520020, 21200620015, 21200410035, 21200540042–21200540047 Property Number: 21200110038- 21200640049–21200640050, 21200710031, Status: Excess 21200110043, 21200140053, 21200220029, 21200740016 Reason: Extensive deterioration 21200330018, 21200520012–21200520015, Status: Unutilized Bldg. 001, Crabble USARC 21200530007, 21200610015, Reason: Extensive deterioration Saginaw MI 48601–4099 21200640024–21200640032, Bldg. 00211, Curtis Bay Ordnance Depot Landholding Agency: Army 21200720014–21200720025, 21200740139, Baltimore Co: MD 21226 Property Number: 21200420094

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Status: Unutilized St. Louis Ordnance Plant (Some are extensively deteriorated and in Reason: Extensive deterioration St. Louis Co: St. Charles MO 63120–1794 a floodway.) Bldg. 00714 Landholding Agency: Army 6 Bldgs., Ft. Monmouth Selfridge Air Natl Guard Base Property Number: 21200310019 Ft. Monmouth Co: NJ 07703 Macomb Co: MI 48045 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200430030, Property Number: 21200440032 Bldg. 528, Weldon Springs LTA 21200510025–21200510027 Status: Unutilized Saint Charles MO 63304 Status: Unutilized Reason: Extensive deterioration Landholding Agency: Army Reason: Extensive deterioration 4 Bldgs., Detroit Arsenal Property Number: 21200840034 Bldg. 7427, Fort Dix T0209, T0216, T0246, T0247 Status: Unutilized Burlington NJ 08640 Warren Co: Macomb MI 88397–5000 Reasons: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Montana Property Number: 21200740149 Property Number: 21200520022 Status: Unutilized 5 Bldgs., Fort Harrison Status: Unutilized Reasons: Extensive deterioration Reason: Secured Area Ft. Harrison Co: Lewis/Clark MT 59636 Landholding Agency: Army New Mexico Minnesota Property Number: 21200420104, 190 Bldgs., White Sands Missile Range 160 Bldgs. 21200740018 Dona Ana Co: NM 88002 Twin Cities Army Ammunition Plant Status: Excess Landholding Agency: Army New Brighton Co: Ramsey MN 55112 Reasons: Secured Area, Extensive Property Number: 21200410045– Landholding Agency: Army deterioration 21200410049, 21200440034–21200440045, Property Number: 219120166, 219210014– Nevada 21200620023, 21200810024-21200810029, 219210015, 219220227–219220235, 21200820048, 21200930014 219240328, 219310056, 219320152– Bldg. 292 Hawthorne Army Ammunition Plant Status: Excess 219320156, 219330096–219330106, Reason: Secured Area 219340015, 219410159–219410189, Hawthorne Co: Mineral NV 89415 31 Bldgs., Fort Wingate Army Depot 219420198–219420283, 219430060– Landholding Agency: Army Gallup NM 87301 219430064, 21200130053–21200130054 Property Number: 219013614 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200920055– Reason: Secured Area (Most are within 2000 Reason: Secured Area 21200920058 ft. of flammable or explosive material.) 41 Bldgs. Status: Unutilized (Some are extensively deteriorated.) Hawthorne Army Ammunition Plant Reasons: Secured Area within 2000 ft. of Hawthorne Co: Mineral NV 89415 Missouri flammable or explosive material Landholding Agency: Army 85 Bldgs., Lake City Army Ammo. Plant Property Number: 219012013, 219013615– New York Independence Co: Jackson MO 64050 219013643, 21200930019 Landholding Agency: Army Bldg. 12, Watervliet Arsenal Status: Underutilized Watervliet NY Property Number: 219013666–219013669, Reason: Secured Area (Some within airport 219530134, 219530136, 21199910023– Landholding Agency: Army runway clear zone; many within 2000 ft. of Property Number: 219730099 21199910035, 21199920082, 21200030049, flammable and explosive material) 21200820001 Status: Unutilized Status: Unutilized Group 101, 34 Bldgs. Reason: Extensive deterioration (Secured Reason: Secured Area (Some are within 2000 Hawthorne Army Ammunition Plant Area) ft. of flammable or explosive material.) Co: Mineral NV 89415–0015 13 Bldgs., Youngstown Training Site Landholding Agency: Army Youngstown Co: Niagara NY 14131 9 Bldgs., St. Louis Army Ammunition Plant Property Number: 219830132 4800 Goodfellow Blvd. Landholding Agency: Army Status: Unutilized St. Louis Co: St. Louis MO 63120–1798 Property Number: 21200220064– Reason: Within 2000 ft. of flammable or Landholding Agency: Army 21200220069 explosive material Secured Area Property Number: 219120067–219120068, Status: Unutilized 219610469–219610475 New Jersey Reason: Extensive deterioration Status: Unutilized 289 Bldgs., Picatinny Arsenal Bldgs. 1716, 3014, 3018 U.S. Military Reason: Secured Area (Some are extensively Dover Co: Morris NJ 07806–5000 Academy West Point Co: NY 10996 deteriorated.) Landholding Agency: Army Landholding Agency: Army 75 Bldgs., Fort Leonard Wood Property Number: 219010444–219010474, Property Number: 21200330064, Ft. Leonard Wood Co: Pulaski MO 65473– 219010639–219010664, 219010680– 21200410050, 21200520040 5000 219010715, 219012428, 219012430, Status: Unutilized Landholding Agency: Army 219012433–219012465, 219012469, Reason: Extensive deterioration Property Number: 219430075, 21199910020– 219012475, 219012765, 00219014306, 21199910021, 21200320025, 219014311, 219014317, 219140617, 229 Bldgs., Fort Drum 21200330028–21200330031, 21200430029, 219230123, 219420006, 219530147, Ft. Drum Co: Jefferson NY 13602 21200530019, 21200640051–21200640052, 219540005, 219540007, 219740113– Landholding Agency: Army 21200740145–21200740148, 21200830017, 219740127, 21199940094–21199940099, Property Number: 21200340028, 21200840035–21200840037, 21200920048, 21200130057–21200130063, 21200220063, 21200410051, 21200420112–21200420118, 21200930012 21200230072-21200230075, 21200330047– 21200520047, 21200530021, Status: Unutilized 21200330063, 21200410043–21200410044, 21200540057–21200540059, 21200720106, Reason: Within 2000 ft. of flammable or 21200520024–21200520039, 21200820050–21200820052, explosive material (Some are extensively 21200530022–21200530028, 21200830048–21200830060, deteriorated.) 21200620017–21200620022, 21200840040–21200840042, Bldg. P4122, U.S. Army Reserve Center 21200630001–21200630019, 21200720028, 21200920018–21200920019, St. Louis Co: St. Charles MO 63120–1794 21200720102–21200720104, 21200810020, 21200930015–21200930018 Landholding Agency: Army 21200820040–21200820047, 21200840038- Status: Unutilized Property Number: 21200240055 21200840039, 21200920017, 21200930013 Reason: Extensive deterioration Secured Area Status: Unutilized Status: Excess Bldg. 108, Fredrick J ILL, Jr. USARC Reason: Extensive deterioration Reason: Secured Area (Most are within 2000 Bullville Co: Orange NY 10915–0277 Bldgs. P4074, P4072, P4073 ft. of flammable or explosive material.) Landholding Agency: Army

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Property Number: 21200510028 Status: Unutilized Property Number: 219810183–219810190 Status: Unutilized Reason: Secured Area Status: Unutilized Reason: Secured Area 3 Bldgs. Defense Supply Center Reason: Extensive deterioration 3 Bldgs., Kerry P. Hein USARC NY058 Columbus Co: Franklin OH 43216 9 Bldgs., Defense Distribution Depot Shoreham Co: Suffolk NY 11778–9999 Landholding Agency: Army New Cumberland Co: York PA 17070–5001 Landholding Agency: Army Property Number: 21200640061, Landholding Agency: Army Property Number: 21200510054 21200820072, 21200920059 Property Number: 21200830026, Status: Excess Status: Unutilized 21200920064 Reason: Secured Area Reasons: Secured Area Status: Unutilized 7 Bldgs., U.S. Army Garrison Oklahoma Reason: Extensive deterioration, Secured Orange NY 10996 Area 30 Bldgs., Fort Sill Landholding Agency: Army Lawton Co: Comanche OK 73503 14 Bldgs., Tobyhanna Army Depot Property Number: 21200810030, Landholding Agency: Army Tobyhanna Co: Monroe PA 18466 21200820049, 21200840043 Property Number: 219510023, 21200330065, Landholding Agency: Army Status: Underutilized 21200430043, 21200530053–21200530060, Property Number: 21200330068, Reason: Secured Area 21200840047 21200820074, 21200830025, 21200920065 North Carolina Status: Unutilized Status: Unutilized Reason: Extensive deterioration 508 Bldgs. Fort Bragg Reason: Extensive deterioration 5 Bldgs., Letterkenny Army Deport Ft. Bragg Co: Cumberland NC 28307 Bldgs. MA050, MA070, Regional Training Chambersburg Co: Franklin PA 17201 Landholding Agency: Army Institute Property Number: 219640074, 219710102– Oklahoma City Co: OK 73111 Landholding Agency: Army 219710110, 219710224, 219810167, Landholding Agency: Army Property Number: 21200920063 21200410056, 21200430042, Property Number: 21200440052 Status: Unutilized 21200440050–21200440051, Status: Unutilized Reasons: Within 2000 ft. of flammable or 21200530029–21200530047, 21200540060, Reason: Extensive deterioration explosive material, Secured Area, 21200610020, 21200620024–21200620039, Bldgs. GRM03, GRM24, GRM26, GRM34 Extensive deterioration 21200630029–21200630053, Camp Gruber Training Site 7 Bldgs. Carlisle Barracks 21200640055–21200640060, 21200640114, Braggs Co: OK 74423 Cumberland Co: PA 17013 21200720029–21200720035, 21200740020- Landholding Agency: Army Landholding Agency: Army 21200740023, 21200740154–21200740159, Property Number: 21200510029– Property Number: 21200640115, 21200820053-21200820057, 21200830018– 21200510032 21200720107, 21200740026, 21200830001 21200830023, 21200840044-21200840045, Status: Unutilized Status: Excess 21200920049–21200920052 Reason: Extensive deterioration Reason: Extensive deterioration Status: Unutilized 48 Bldgs., McAlester Army Ammo Plant Bldg. 00017, Scranton Army Ammo Plant Reason: Extensive deterioration McAlester Co: Pittsburg OK 74501 Scranton PA 18505 3 Bldgs., Military Ocean Terminal Landholding Agency: Army Landholding Agency: Army Southport Co: Brunswick NC 28461–5000 Property Number: 21200510033– Property Number: 21200840048 Landholding Agency: Army 21200510039, 21200520048, Status: Unutilized Property Number: 219810158–219810160, 21200740024–21200740025, 21200820073, Reasons: Secured Area 21200830024, 21200920062, 21200930020 21200330032 Puerto Rico Status: Unutilized Status: Excess Reason: Secured Area Reason: Secured Area 49 Bldgs., Fort Buchanan Guaynabo Co: PR 00934 5 Bldgs., Simmons Army Airfield Oregon Landholding Agency: Army Cumberland NC 28310 11 Bldgs. Property Number: 21200530061– Landholding Agency: Army Tooele Army Depot 21200530063, 21200610023, 21200620041, Property Number: 21200920053 Umatilla Depot Activity 21200830027, 21200840049, 21200920066 Status: Unutilized Hermiston Co: Morrow/Umatilla OR 97838 Status: Unutilized Reasons: Extensive deterioration Secured Landholding Agency: Army Reason: Secured Area (Some are extensively Area Property Number: 219012174–219012176, deteriorated) North Dakota 219012178–219012179, 219012190– 219012191, 219012197–219012198, Samoa 5 Bldgs., Stanley R. Mickelsen 219012217, 219012229 Bldg. 00002, Army Reserve Center Nekoma Co: Cavalier ND 58355 Status: Underutilized Pago Pago AQ 96799 Landholding Agency: Army Reason: Secured Area Landholding Agency: Army Property Number: 21199940103– 34 Bldgs. Property Number: 21200810001 21199940107 Tooele Army Depot Status: Unutilized Status: Unutilized Umatilla Depot Activity Reason: Floodway Reason: Extensive deterioration Hermiston Co: Morrow/Umatilla OR 97838 Secured Area Ohio Landholding Agency: Army South Carolina Property Number: 219012177, 219012185– 186 Bldgs. 219012186, 219012189, 219012195– 43 Bldgs., Fort Jackson Ravenna Army Ammunition Plant 219012196, 219012199–219012205, Ft. Jackson Co: Richland SC 29207 Ravenna Co: Portage OH 44266–9297 219012207–219012208, 219012225, Landholding Agency: Army Landholding Agency: Army 219012279, 219014304–219014305, Property Number: 219440237, 219440239, Property Number: 21199840069– 219014782, 219030362–219030363, 219620312, 219620317, 219620348, 21199840104, 21200240064, 219120032, 21199840108–21199840110, 219620351, 219640138–219640139, 21200420131–21200420132, 21199920084–21199920090 21199640148–21199640149, 219720095, 21200530051–21200530052 Status: Unutilized 219720097, 219730130, 219730132, Status: Unutilized Reason: Secured Area 219730145–219730157, 219740138, Reason: Secured Area 219820102–219820111, 219830139– 7 Bldgs., Lima Army Tank Plant Pennsylvania 219830157, 21200520050, 21200810031, Lima OH 45804–1898 23 Bldgs., Fort Indiantown Gap 21200920067 Landholding Agency: Army Annville Co: Lebanon PA 17003–5011 Status: Unutilized Property Number: 219730104–219730110 Landholding Agency: Army Reason: Extensive deterioration

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South Dakota 219012540, 219012542, 219012544– Tooele Co: Tooele UT 84074–5008 Bldgs. 00038, 00039 219012545, 219030337–219030345 Landholding Agency: Army Lewis & Clark USARC Status: Unutilized Property Number: 21200620046, Bismarck SD 58504 Reason: Within 2000 ft. of flammable or 21200640076, 21200710037–21200710041, explosive material, Secured Area 21200740162–21200740165, 21200830002, Landholding Agency: Army 21200840053 Property Number: 21200710033 154 Bldgs., Longhorn Army Ammunition Plant Status: Unutilized Status: Unutilized Reason: Secured Area Reasons: Secured Area Karnack Co: Harrison TX 75661– Landholding Agency: Army Bldg. 9307 Tennessee Property Number: 219620827, 21200340062– Dugway Proving Ground 89 Bldgs., Holston Army Ammunition Plant 21200340073 Dugway Co: Toole UT 84022– Kingsport Co: Hawkins TN 61299–6000 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Secured Area (Most are within 2000 Property Number: 219013997 Property Number: 219012304–219012309, ft. of flammable or explosive material) Status: Underutilized 219012311–219012312, 219012314, 16 Bldgs., Red River Army Depot Reason: Secured Area 219012316–219012317, 219012328, Texarkana Co: Bowie TX 75507–5000 15 Bldgs. 219012330, 219012332, 219012334, Landholding Agency: Army Deseret Chemical Depot 219012337, 219013790, 219140613, Property Number: 219420315–219420327, Tooele UT 84074 219440212–219440216, 219510025– 219430095–219430097 Landholding Agency: Army 219510027, 21200230035, 21200310040, Status: Unutilized Property Number: 219820120–219820121, 21200320054–21200320073, 21200340056, Reason: Secured Area (Some are extensively 21200610032–21200610034, 21200620047, 21200510042, 21200530064–21200530065, deteriorated) 21200720036–21200720037, 21200820075 21200640069–21200640072, 21200710035, 218 Bldgs., Fort Bliss Status: Unutilized 21200740160 El Paso Co: El Paso TX 79916 Reason: Secured Area, Extensive Status: Unutilized Landholding Agency: Army deterioration Reason: Secured Area (Some are within 2000 Property Number: 219730160–219730186, Bldgs. 00259, 00206 ft. of flammable or explosive material) 219830161–219830197, 21200310044, Ogden Maintenance Center 57 Bldgs., Milan Army Ammunition Plant 21200320079, 21200340059, Weber Co: UT 84404 Milan Co: Gibson TN 38358 21200540070–21200540073, Landholding Agency: Army Landholding Agency: Army 21200640073–21200640075, 21200710036, Property Number: 21200530066 Property Number: 219240447–219240449, 21200740030, 21200740161, 21200810032, Status: Excess 21200520051–21200520052, 21200820013, 21200830030–21200830039, Reason: Secured Area 21200640064–21200640068, 21200840052, 21200920021–21200920023, Virginia 21200920071, 21200930022–21200930025 21200740027–21200740029, 21200840051, 377 Bldgs. 21200920068 Status: Unutilized Reason: Extensive deterioration Radford Army Ammunition Plant Status: Unutilized Radford Co: Montgomery VA 24141– Reason: Secured Area (Some are extensively 12 Bldgs., Fort Hood Landholding Agency: Army deteriorated) Ft. Hood Co: Bell TX 76544 Property Number: 219010833, 219010836, Bldg. Z–183A, Milan Army Ammunition Landholding Agency: Army 219010842, 219010844, 219010847– Plant Property Number: 21200420146, 219010890, 219010892–219010912, Milan Co: Gibson TN 38358 21200720108–21200720111, 21200810033, 219011521–219011577, 219011581– Landholding Agency: Army 21200920020 219011583, 219011585, 219011588, Property Number: 219240783 Status: Unutilized 219011591, 219013559–219013570, Status: Unutilized Reason: Extensive deterioration 219110142–219110143, 219120071, Reason: Within 2000 ft. of flammable or 3 Bldgs., Fort Sam Houston 219140618–219140633, 219220210– explosive material Camp Bullis Co: Bexar TX 219220218, 219230100–219230103, 143 Bldgs., Fort Campbell Landholding Agency: Army 219240324, 219440219–219440225, Ft. Campbell Co: Montgomery TN 42223 Property Number: 21200520063, 219510032–219510033, 219520037, Landholding Agency: Army 21200930026 219520052, 219530194, 219610607– Property Number: 21200220023, Status: Excess 219610608, 219830223–219830267, 21200240065, 21200330094–21200330100, Reason: Extensive deterioration 21200020079–21200020081, 21200230038, 21200430052–2100430054, 21200440057– Bldg. D5040, Grand Prairie Reserve Complex 21200240071–21200240072, 21200440058, 21200510043, Tarrant Co: TX 75051 21200510045–21200510046, 21200520053–21200520062, Landholding Agency: Army 21200740031–21200740032, 21200540063–21200540069, Property Number: 21200620045 21200740169–21200740171, 21200920075, 21200610024–21200610031, Status: Unutilized 21200930028–21200930029 21200620042–21200620044, 21200620064, Reasons: Secured Area, Extensive Status: Unutilized 21200710034, 21200840050, 21200920069 deterioration Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. 00002, Denton explosive material, Secured Area (Some are Reason: Extensive deterioration Lewisville TX 76102 extensively deteriorated) Bldgs. 00001, 00003, 00030 Landholding Agency: Army 13 Bldgs., Radford Army Ammunition Plant John Sevier Range Property Number: 21200810034 Radford Co: Montgomery VA 24141– Knoxville TN 37918 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Extensive deterioration Property Number: 219010834–219010835, 219010837–219010838, 219010840– Property Number: 21200930021 10 Bldgs., Fort Worth 219010841, 219010843, 219010845– Status: Excess Tarrant TX 76108 219010846, 219010891, 219011578– Reasons: Extensive deterioration Landholding Agency: Army Property Number: 21200830028– 219011580 Texas 21200830029 Status: Unutilized 20 Bldgs., Lone Star Army Ammunition Plant Status: Unutilized Reason: Within 2000 ft. of flammable or Highway 82 West Reason: Secured Area, Extensive explosive material, Secured Area, Latrine, Texarkana Co: Bowie TX 75505–9100 deterioration detached structure Landholding Agency: Army 101 Bldgs. Property Number: 219012524, 219012529, Utah U.S. Army Combined Arms Support 219012533, 219012536, 219012539– 48 Bldgs., Tooele Army Depot Command

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Fort Lee Co: Prince George VA 23801– Reason: Secured Area Property Number: 219011104, 219011106, Landholding Agency: Army 7 Bldgs., Fort Myer 219011108–219011113, 219011115– Property Number: 219240107, 219620866– Ft. Myer VA 22211 219011117, 219011119–219011120, 219620876, 219740156, 219830208– Landholding Agency: Army 219011122–219011139, 219011141– 219830210, 21199940130, 21200430059– Property Number: 21200810036, 219011142, 219011144, 219011148– 21200430060, 21200620048, 21200630064, 21200820014, 21200830044 219011208, 219011213–219011216, 21200640077–21200640080, 21200710042, Status: Excess 219011218–219011234, 219011236, 21200740033–21200740035, 21200740166, Reason: Secured Area 219011238, 219011240, 219011242, 21200810039–21200810040, 21200820017, 219011244, 219011247, 219011249, 21200830042, 21200840055 Washington 219011251, 219011256, 19011259, Status: Unutilized 700 Bldgs., Fort Lewis 219011263, 219011265, 219011268, Reason: Extensive deterioration (Some are in Ft. Lewis Co: Pierce WA 98433–5000 219011270, 219011275, 219011277, a secured area.) Landholding Agency: Army 219011280, 219011282, 219011284, 56 Bldgs. Property Number: 219610006, 219610009– 219011286, 219011290, 219011293, Red Water Field Office 219610010, 219610045–219610046, 219011295, 219011297, 219011300, Radford Army Ammunition Plant 219620512–219620517, 219640193, 219011302, 219011304–219011311, Radford VA 24141 219720142–219720151, 219810205– 219011317, 219011319–219011321, Landholding Agency: Army 219810242, 219820132, 21199910064– 219011323 Property Number: 219430341–219430396 21199910078, 21199920125–21199920174, Status: Unutilized Status: Unutilized 21199930080–21199930104, 21199940134, Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or 21200120068, 21200140072–21200140073, explosive material, Secured Area explosive material, Secured Area 21200210075, 21200220097, 4 Bldgs. 135 Bldgs., Fort A.P. Hill 21200330104–21200330106, 21200430061, Badger Army Ammunition Plant Bowling Green Co: Caroline VA 22427 21200620053–21200620059, Baraboo Co: Sauk WI Landholding Agency: Army 21200630067–21200630069, Landholding Agency: Army Property Number: 21200310058, 21200640087–21200640090, 21200740172, Property Number: 219013871–219013873, 21200310060, 21200410069–21200410076, 21200820076, 21200840059, 21200920078 219013875 21200430057, 21200510051, 21200740167, Status: Unutilized Status: Underutilized 21200810038, 21200820029–21200820032, Reason: Secured Area, Extensive Reason: Secured Area 21200830041, 21200840054, 21200920072, deterioration 906 Bldgs. 21200930027 Bldg. HBC07, Fort Lewis Badger Army Ammunition Plant Status: Unutilized Huckleberry Creek Mountain Training Site Baraboo Co: Sauk WI Reason: Secured Area, Extensive Co: Pierce WA Landholding Agency: Army deterioration Landholding Agency: Army Property Number: 219013876–219013878, 68 Bldgs., Fort Belvoir Property Number: 219740166 219210097–219210099, 219220295– Ft. Belvoir Co: Fairfax VA 22060–5116 Status: Unutilized 219220311, 219510065, 219510067, Landholding Agency: Army Reason: Extensive deterioration 219510069–219510077, 219740184– Property Number: 21200130076– Bldg. 415, Fort Worden 219740271, 21200020083–21200020155, 21200130077, 21200710043–21200710049, Port Angeles Co: Clallam WA 98362 21200240074–21200240080 21200720043–21200720051, Landholding Agency: Army Status: Unutilized 21200810042–21200810043, 21200840056 Property Number: 21199910062 Reason: (Most are in a secured area), (Most Status: Unutilized Status: Excess are within 2000 ft. of flammable or Reason: Extensive deterioration Reason: Extensive deterioration explosive material), (Some are extensively 101 Bldgs., Fort Eustis Bldg. U515A, Fort Lewis deteriorated) Ft. Eustis Co. VA 23604 Ft. Lewis Co: Pierce WA 98433 3 Bldgs. Fort McCoy Landholding Agency: Army Landholding Agency: Army Monroe WI 54656 Property Number: 21200210025– Property Number: 21199920124 Landholding Agency: Army 21200210026, 21200740037, 21200740168, Status: Excess Property Number: 21200930030 21200810035, 21200820022–21200820027, Reason: gas chamber Status: Unutilized 21200830043, 21200920074 Bldgs. 02401, 02402 Reason: Extensive deterioration Status: Unutilized Vancouver Barracks Cemetery Land (by State) Reason: Extensive deterioration Vancouver Co: WA 98661 59 Bldgs., Fort Pickett Landholding Agency: Army Indiana Blackstone Co: Nottoway VA 23824 Property Number: 21200310048 Newport Army Ammunition Plant Landholding Agency: Army Status: Unutilized East of 14th St. & North of S. Blvd. Property Number: 21200220087– Reason: Extensive deterioration Newport Co: Vermillion IN 47966– 21200220092, 21200320080–21200320085, 4 Bldgs. Renton USARC Landholding Agency: Army 21200620049–21200620052, 21200720042, Renton Co: WA 98058 Property Number: 219012360 21200820015 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200310049 Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration Status: Unutilized explosive material 9 Bldgs., Fort Story Reason: Extensive deterioration Ft. Story Co: Princess Ann VA 23459 Maryland Landholding Agency: Army Wisconsin Approx. 1 acre Property Number: 21200310046, 5 Bldgs., Badger Army Ammunition Plant Fort Meade 21200810037, 21200830040, 21200920077 Baraboo Co: Sauk WI 53913– Anne Arundel MD 20755 Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Extensive deterioration Property Number: 219011209–219011210, Property Number: 21200740017 16 Bldgs., Defense Supply Center 219011217 Status: Unutilized Richmond VA 23297 Status: Underutilized Reasons: Other—no public access Landholding Agency: Army Reason: Within 2000 ft. of flammable or RNWYA, Aberdeen Proving Ground Property Number: 21200720038– explosive material, Secured Area Harford MD 21200720040, 21200720112, 21200740036, 153 Bldgs., Badger Army Ammunition Plant Landholding Agency: Army 21200840057, 21200920073 Baraboo Co: Sauk WI 53913– Property Number: 21200820143 Status: Unutilized Landholding Agency: Army Status: Unutilized

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Reason: Within airport runway clear zone Landholding Agency: Army Landholding Agency: Army Landa/Lande Property Number: 219013788 Property Number: 21200920070 Aberdeen Proving Ground Status: Unutilized Status: Unutilized Harford MD 21005 Reason: Secured Area Reasons: Secured Area Landholding Agency: Army Spur Line/Right of Way Texas Property Number: 21200920046– Armament Rsch., Dev., & Eng. Center 21200920047 Picatinny Arsenal Co: Morris NJ 07806–5000 Land—Approx. 50 acres Status: Unutilized Landholding Agency: Army Lone Star Army Ammunition Plant Reasons: Secured Area Property Number: 219530143 Texarkana Co: Bowie TX 75505–9100 Minnesota Status: Unutilized Landholding Agency: Army Reason: Floodway Property Number: 219420308 Portion of R.R. Spur Twin Cities Army Ammunition Plant 2.0 Acres, Berkshire Trail Status: Unutilized New Brighton Co: Ramsey MN 55112 Armament Rsch., Dev., & Eng. Center Reason: Secured Area Landholding Agency: Army Picatinny Arsenal Co: Morris NJ 07806–5000 Virginia Landholding Agency: Army Property Number: 219620472 Site #1, Fort Lee Status: Unutilized Property Number: 21199910036 Prince George VA 23801 Reason: landlocked Status: Underutilized Reasons: Within 2000 ft. of flammable or Landholding Agency: Army New Jersey explosive material, Secured Area Property Number: 21200920076 Land Status: Unutilized Tennessee Armament Research Development & Eng. Reasons: Secured Area Center Sites #1,#2,#3 Route 15 North Fort Campbell [FR Doc. E9–19792 Filed 8–20–09; 8:45 am] Picatinny Arsenal Co: Morris NJ 07806– Christian TN 42223 BILLING CODE 4210–67–P

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Part IV

Department of Transportation Federal Aviation Administration

14 CFR Parts 61, 91, and 141 Pilot, Flight Instructor, and Pilot School Certification; Final Rule

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DEPARTMENT OF TRANSPORTATION correct, and clarify our rules and Authority for This Rulemaking requirements for pilots, flight instructor, Federal Aviation Administration and pilot school certification. Many of The FAA’s authority to issue rules our changes reflect and incorporate regarding aviation safety is found in 14 CFR Parts 61, 91, and 141 comments and suggestions made by Title 49 of the United States Code. trade organizations, flight schools, Subtitle I, § 106 describes the authority [Docket No. FAA–2006–26661; Amendment of the FAA Administrator, including the Nos. 61–124, 91–309, and 141–12] manufacturers, individual pilots, and others. authority to issue, rescind, and revise regulations. Subtitle VII, Aviation RIN 2120–AI86 On February 7, 2007, the FAA Programs, describes in more detail the published the notice of proposed Pilot, Flight Instructor, and Pilot scope of the agency’s authority. School Certification rulemaking (NPRM) for airmen certification entitled ‘‘Pilots, flight This rulemaking is promulgated AGENCY: Federal Aviation instructors, ground instructors, and under the authority described in Administration (FAA), DOT. pilot schools; training, certification, and Subtitle VII, Part A, Chapter 447—Safety Regulation. Under § 44701, the FAA is ACTION: Final rule. operating requirements’’ (Notice No. 06– 20; 72 FR 5806–5854). The NPRM charged with promoting safe flight of SUMMARY: This final rule revises the follows an earlier final rule amending civil aircraft in air commerce by training, qualification, certification, and the pilot and flight instructor prescribing regulations necessary for operating requirements for pilots, flight certification, training, and experience safety. Under § 44703, the FAA issues instructors, ground instructors, and rules of part 61 (See 62 FR 16220; April an airman certificate to an individual pilot schools. These changes are needed 4, 1997). Since the 1997 final rule, we when we find, after investigation, that to clarify, update, and correct our determined changes were needed to the individual is qualified for, and existing regulations. These changes are clarify and refine these regulations and physically able to perform the duties intended to update and clarify the address problems discovered post- related to, the position authorized by training and qualifications rules for publication. We also received a number the certificate. In this final rule, we are pilots, flight instructors, ground of helpful comments and interpretation amending certain training, qualification, instructors, and pilot schools to ensure requests from the pilot, flight instructor, certification, and operating a better understanding of these rules and training community. In order to requirements for pilots, flight that relate to aircraft operations in the make our rule revisions more instructors, ground instructors, and National Airspace System. comprehensive, the NPRM included pilot schools. DATES: This final rule is effective changes to 14 CFR part 91 and part 141 These revisions are intended to October 20, 2009. appendices. ensure that flight crewmembers have the FOR FURTHER INFORMATION CONTACT: John We made two significant proposals in training and qualifications to enable D. Lynch, Certification and General the NPRM: The first one details pilot them to operate aircraft safely. For this Aviation Operations Branch, AFS–810, and flight instructor training and reason, these revisions are within the General Aviation and Commercial qualifications for night vision goggle scope of our authority and are a Division, Flight Standards Service, (NVG) operations; and, the second one reasonable and necessary exercise of our Federal Aviation Administration, 800 converts military flight instructor statutory obligations. Independence Avenue, SW., training experience to civilian teaching. Summary Table on the Revisions Washington, DC 20591; telephone (202) We also made a number of other 267–3844; e-mail to changes reflected in the following table The table below is a listing of the [email protected]. For legal and discussed in the rule preamble. changes that are contained in this final interpretative questions about this final The FAA received considerable rule in order of their Code of Federal rule, contact: Michael Chase, AGC–240, public response to the NPRM. We Regulations (CFR) designations. The Office of Chief Counsel, Regulations received 1,970 different comments from table is organized as follows: The first Division, Federal Aviation 231 commenters. These commenters column, identified as ‘‘Revision No.,’’ Administration, 800 Independence represented a diverse ‘‘cross-section’’ of refers to the paragraph number in the Avenue, SW., Washington, DC 20591; the aviation community including: ‘‘Description of Revision’’ portion of telephone (202) 267–3110; e-mail to Commenters who identified themselves this preamble where a detailed [email protected]. as actively serving in the United States discussion of the revision appears. The Armed Forces or Armed Forces second column gives the CFR Executive Summary Reserves; flight schools (commercial designation of the regulation we are The Federal Aviation Administration and educational), flight training revising. The third column, identified as (FAA) is amending several regulations facilities, or other organizations ‘‘Summary of the Revisions,’’ provides a to further our safety mission, associated with flight training; aircraft brief summary of the revision. incorporate international flight manufacturers or aircraft manufacturer This final rule revises and makes standards, and respond to recent associations, pilot, aircraft, and clarifications under part 61 that pertain technological advances in aviation. The helicopter owner associations; civil to pilot, flight instructor, and ground essence of these interlocking changes is aviation associations; and law instructor certification requirements. pilot, flight instructor, and pilot school enforcement agencies or organizations This final rule revises § 91.205(h) which certification. The instruction and associated with NVG operations. The is the rule that establishes the required training taking place in pilot schools is substantive comments on both the instruments and equipment for use in for many their first exposure to recent overarching issues and specific rule NVG operations. This final rule also aviation, technological, and industry changes are detailed in the ‘‘General revises part 141 and its appendixes, changes. For the above reasons, the FAA Comments’’ and ‘‘Editorial Comments’’ which apply to part 141 approved pilot has found it necessary to update, sections of this preamble. schools and provisional pilot schools.

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Revision No. CFR designation Summary of the revisions

1 ...... § 61.1(b)(12) ...... Adds a definition for the term ‘‘night vision goggles.’’ 2 ...... § 61.1(b)(13) ...... Adds a definition for the term ‘‘night vision goggle operations.’’ 3 ...... § 61.2 ...... Establishes the requirements regarding ‘‘currency’’ and ‘‘validity’’ in a new § 61.2 as it re- lates to exercising the privileges of an airman certificate, rating, endorsement, or author- ization. 4 ...... § 61.3(j)(1) ...... This proposal to delete the phrase ‘‘Except as provided in paragraph (j)(3) of this section’’ is being withdrawn as the ‘‘Part 121 Pilot Age Limit’’ direct final rule has incorporated this proposal and has also increased the age requirement to 65 years for pilots engaged in part 121 air carrier operations. 4 ...... § 61.3(j)(3) ...... We had proposed to delete this provision because the dates have passed. However, this proposal has been withdrawn as the ‘‘Part 121 Pilot Age Limit’’ direct final rule has over- taken the need for this proposed change. 5 ...... § 61.19(b) ...... Extends the duration period for student pilot certificates for persons under the age of 40 years. 6 ...... § 61.19(b)(3) ...... Extends the duration period for student pilot certificates for persons seeking the glider or balloon rating to 60 calendar months, regardless of the age of the person. 7 ...... § 61.19(d) ...... The NPRM proposed to issue flight instructor certificates without expiration dates. The FAA has decided to withdraw this proposal and will continue to issue flight instructor certifi- cates with an expiration date. 8 & 81 ...... § 61.19(e) ...... Parallels the ground instructor certificate duration with the ground instructor currency re- quirements in revised § 61.217. 9 ...... § 61.23(a)(3)(iv)–(v) ...... Makes minor editorial changes to the medical certificate requirements. 9 ...... § 61.23(a)(3)(vii) ...... Permits Examiners to hold only a third class medical certificate as already provided for in FAA Order 8900.2. 10 ...... § 61.23(b)(3) ...... Clarifies that persons who are exercising the privileges of their pilot certificate when oper- ating a balloon or a glider are not required to hold a medical certificate. 11 ...... § 61.23(b)(7) ...... Clarifies that Examiners who administer practical tests in a glider, balloon, flight simulator, or flight training device are not required to hold a medical certificate. 12 ...... § 61.23(b)(8) ...... Clarifies that no medical certificate is required when taking a practical test in a glider, bal- loon, flight simulator, or flight training device. 13 ...... § 61.23(b)(9) ...... Adds a provision that excuses U.S. military pilots from obtaining an FAA medical certifi- cation, if they hold an ‘‘up-to-date’’ medical clearance from the U.S. Armed Forces, and the flight only requires privileges of a third class medical certificate and is conducted within U.S. airspace. 14 ...... § 61.29(d)(3) ...... Deletes the requirement that a person furnish his/her Social Security Number. 15 ...... § 61.31(d)(1), (2), & (3) ...... Corrects a duplication of provisions between paragraphs (d)(2) and (3). 16 ...... § 61.31(k) ...... Establishes training for operating with night vision goggles in a new paragraph (k). 17 ...... § 61.35(a)(2)(iv) ...... Clarifies when a person must show his/her current residential address when making appli- cation for a knowledge test. 18 ...... § 61.39(b)(2) ...... Deletes the word ‘‘scheduled’’ in front of the phrase ‘‘U.S. military air transport operations.’’ 19 ...... § 61.39(c)(2) ...... Deletes the exception that an applicant does not have to receive an instructor endorsement for an additional aircraft class rating. Sections 61.39(a)(6) and 61.63(c) require an in- structor endorsement. 20 ...... § 61.39(a)(6)(i), (d) and (e) ...... Changes the phrase ‘‘60 calendar days’’ to read ‘‘2 calendar months’’ for the training re- quired prior to the practical test. 21 ...... § 61.43(a) and (b) ...... Clarifies when single pilot performance is required on the practical test versus permitting issuance of the ‘‘second in command’’ limitation. 22 ...... § 61.45(a)(2)(iii) ...... Defines a military aircraft for the purpose of using it for a practical test. 23 ...... § 61.45(c) ...... Excepts gliders that are unpowered from the requirement that aircraft used for a practical test must have engine power controls and flight controls that are easily reached and op- erable in a conventional manner by both pilots. 24 ...... § 61.51(b)(3)(iv) ...... Adds a provision for logging night vision goggle time. 27 ...... § 61.51(b)(1)(iv) ...... Revises the instructions for logbook entries to include aviation training device (ATD). § 61.51(b)(2)(v) § 61.51(b)(3)(iii) 25 ...... § 61.51(e)(1) ...... Corrects an omission and permits sport pilots and airline transport pilots (ATPs) to log pilot in command (PIC) flight time. 26 ...... § 61.51(e)(1)(iv) ...... Permits a pilot who is performing the duties of PIC while under the supervision of a quali- fied PIC to log PIC flight time. 27 ...... § 61.51(g)(4) ...... Requires that when using a flight simulator, flight training device, or an ATD for training, an instructor must be present and sign the person’s logbook or training record. 28 ...... § 61.51(j) ...... Establishes that an aircraft must hold an airworthiness certificate, with some exceptions, for a pilot to log flight time to meet the certificate, rating, or recent flight experience require- ments under part 61. 29 ...... § 61.51(k) ...... Adds the criteria and standards for logging night vision goggle time. 30 ...... § 61.57(c)(1) ...... In the NPRM, we had proposed to revise the instrument recent flight experience for main- taining instrument privileges in airplanes, powered-lifts, helicopters, and airships. The FAA has decided to maintain the existing instrument recency requirements and just make formatting and editorial revisions to the rule. 30 ...... § 61.57(c)(2)–(5) ...... Permits the use of flight simulators, flight training devices, or ATDs for performing instru- ment recent flight experience. 30 ...... § 61.57(c)(6) ...... Revises the instrument recent flight experience for maintaining instrument privileges in glid- ers.

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Revision No. CFR designation Summary of the revisions

31 ...... § 61.57(d) ...... Clarifies when an instrument proficiency check must be completed to serve as the PIC under IFR or in weather conditions less than the minimums prescribed for VFR. 32 ...... § 61.57(f) ...... Adds a night vision goggle recent operating experience requirement to remain PIC qualified for night vision goggle operations. 33 ...... § 61.57(g) ...... Adds a night vision goggle proficiency check requirement to remain PIC qualified for night vision goggle operations. 34 ...... § 61.59(a)–(b) ...... The FAA has decided to withdraw this proposal that would have paralleled this section with the language contained in § 67.403 of this chapter. 35 ...... § 61.63 ...... Changes the section heading to read ‘‘Additional aircraft ratings (other than for ratings at the airline transport pilot certificate level).’’ 35 ...... § 61.63(c)(4) ...... Clarifies what is intended for those applicants who hold only a lighter than air (LTA)-Bal- loon rating and who seek a LTA-Airship rating. 35 ...... § 61.63(d)(5) ...... Adds a provision to account for aircraft not capable of instrument flight. Parallels revised § 61.157(b)(3). 35 ...... § 61.63(e) ...... Amends the requirement for permitting use of aircraft not capable of instrument flight for a rating. Parallels revised § 61.157(g). 35 ...... § 61.63(f) ...... Clarifies that an applicant for type rating in a multiengine, single seat airplane must meet the requirements in the multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels revised § 61.157(h). 35 ...... § 61.63(g) ...... Clarifies that an applicant for type rating in a single engine, single seat airplane may meet the requirements in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels revised § 61.157(i). 36 ...... § 61.64 ...... Places the existing § 61.63(e), (f), and (g) and § 61.157(g), (h), and (i) that address the re- quirements for using flight simulators and flight training devices into revised § 61.64. 35 ...... § 61.63(h) ...... Clarifies that certain tasks may be waived if the FAA has approved the task to be waived to parallel § 61.157(m). 36 ...... § 61.64(a) and (b) ...... Moves § 61.63(e) and § 61.157(g) to revised § 61.64. Simplifies and amends the require- ments and limitations for use of a flight simulator or flight training device for an airplane rating. 36 ...... § 61.64(a)(2)(i) & (ii) ...... Clarifies that to use a flight simulator for training and testing for the airplane category, class, or type rating, the type rating cannot contain the supervised operating experience limitation. 36 ...... § 61.64(c) and (d) ...... Moves § 61.63(f) and § 61.157(h) to revised § 61.64. Simplifies and amends the require- ments and limitations for use of a flight simulator or flight training device for a helicopter rating. 36 ...... § 61.64(c)(2)(i) & (ii) ...... Clarifies that to use a flight simulator for training and testing for the helicopter class or type rating, the type rating cannot contain the supervised operating experience limitation. 36 ...... § 61.64(e) and (f) ...... Moves § 61.63(g) and § 61.157(i) to revised § 61.64. Simplifies and amends the require- ments and limitations for use of a flight simulator or flight training device for a powered- lift rating. 36 ...... § 61.64(e)(2)(i) & (ii) ...... Clarifies that to use a flight simulator for training and testing for the powered-lift category or type rating, the type rating cannot contain the supervised operating experience limitation. 37 ...... § 61.65(d) ...... For an airplane, requires at least 10 hours of cross country time as PIC, appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rat- ing. 37 ...... § 61.65(e) ...... For a helicopter, requires at least 10 hours of cross country time as PIC, appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rat- ing. 37 ...... § 61.65(f) ...... For a powered-lift, requires at least 10 hours of cross country time as PIC, appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 37 ...... § 61.65(g) ...... Makes minor changes to address the usage of flight simulator and flight training devices for the instrument rating. Re-designate paragraph (e) as paragraph (g). 38 ...... § 61.65(h) ...... Permits the use of an ATD to be used for 10 hours of instrument time. 39 ...... § 61.69(a)(4) ...... Corrects a typographical error involving the word ‘‘or.’’ 40 ...... § 61.69(a)(6) ...... Increases the recent flight experience requirements for tow pilots from 12 months to 24 months. 41 ...... § 61.73(b) ...... Removes the requirement that military pilots and former military pilots be on active flying status within the past 12 months to qualify under these special rules. Deletes the require- ment that military pilots and former military pilots have PIC status to qualify for pilot cer- tification under these special rules. Also, makes minor editorial changes. 41 ...... § 61.73(c) ...... Allows military pilots of an Armed Force of a foreign contracting State to International Civil Aviation Organization (ICAO) to qualify for U.S. Commercial Pilot Certificates and ratings provided they are assigned in an operational U.S. military unit for other than flight train- ing purposes. 41 ...... § 61.73(f) ...... Re-designates paragraph (g) as paragraph (f) and deletes the phrase ‘‘as pilot in command during the 12 calendar months before the month of application.’’ 42 ...... § 61.73(g) ...... Allows issuance of flight instructor certificates and ratings to military instructor pilots and § 61.197(a)(2)(iv) ...... examiners who can show having been designated as a U.S. military instructor pilot or ex- aminer. Provides an alternative method for U.S. military instructor pilots and examiners who hold an FAA flight instructor certificate to renew their flight instructor certificate and ratings.

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Revision No. CFR designation Summary of the revisions

43 ...... § 61.73(h) ...... Clarifies the documents required to qualify military pilots for a pilot certificate and ratings under the special rules of § 61.73 for military pilots. 44 ...... § 61.75(a) ...... Requires a holder of a foreign pilot license to have at least a foreign private pilot license in order to apply for a U.S. private pilot certificate under § 61.75. 44 ...... § 61.75(b) ...... Requires a holder of a foreign pilot license to have at least a foreign private pilot license in order to apply for a U.S. private pilot certificate under § 61.75. 45 ...... § 61.75(b)(3) ...... Adds ‘‘other than a U.S. student pilot certificate.’’ 46 ...... § 61.75(c) ...... Adds the qualifier ‘‘for private pilot privileges only’’ to clarify issuance of U.S. private pilot certificates based on foreign pilot licenses. 3 ...... § 61.75(d) ...... Adds the qualifier ‘‘valid.’’ 47 ...... § 61.75(e) ...... Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been cor- rected to read: ‘‘U.S. pilot certificate.’’ 47 ...... § 61.75(e)(1) ...... Corrects an error: Where the rule stated ‘‘private pilot privilege,’’ it has been corrected to read: ‘‘pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate.’’ 47 ...... § 61.75(e)(4) ...... Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been cor- rected to read: ‘‘U.S. pilot certificate.’’ 47 ...... § 61.75(f) ...... Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been cor- rected to read: ‘‘U.S. pilot certificate’’ in 2 places. 47 ...... § 61.75(g) ...... Corrects an error: Where the rule stated ‘‘U.S. private pilot certificate,’’ it has been cor- rected to read: ‘‘U.S. pilot certificate’’ in 2 places. 48 ...... § 61.77(a)(2) ...... Clarifies who can be issued a special purpose pilot authorization. 48 ...... § 61.77(b)(1) ...... Clarifies the requirements for issuance of a special purpose pilot authorization. 48 ...... § 61.77(b)(5) ...... Deletes a requirement that an applicant have documentation of meeting the recent flight experience requirements of part 61 be issued a special purpose pilot authorization. 49 ...... § 61.96(b)(9) ...... Requires an applicant for a recreational pilot certificate to hold either a student pilot certifi- cate or sport pilot certificate. 50 ...... § 61.101(e)(1)(iii) and (j) ...... Excludes aircraft that are certificated as rotorcraft from the 180 horsepower powerplant lim- itation. Corrects a mistake in paragraph (j) that references ‘‘paragraph (h)’’ where the rule should reference ‘‘paragraph (i).’’ 51 ...... § 61.103(j) ...... Requires a private pilot certificate applicant to hold a student pilot certificate, recreational pilot certificate, or sport pilot certificate. 52 ...... § 61.109(a)(5)(ii) ...... Changes the distance on a cross country flight for private pilot certification—single engine airplane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 52 ...... § 61.109(b)(5)(ii) ...... Changes the distance on a cross country flight for private pilot certification—multiengine airplane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 53 ...... § 61.109(c)(4)(ii) ...... Changes the distance on the solo cross country flight for private pilot certification—heli- copter rating to conform to ICAO requirements. Changes the distance on a cross country flight for private pilot certification—helicopter rating from ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nautical miles.’’ 54 ...... § 61.109(d)(4)(ii) ...... Changes the distance on the solo cross country flight for private pilot certification—gyro- plane rating to conform to ICAO requirements. Changes the distance on a cross country flight for private pilot certification—gyroplane rating from ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nautical miles.’’ 52 ...... § 61.109(e)(5)(ii) ...... Changes the distance on a cross country flight for private pilot certification—powered-lift rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’ 55 ...... § 61.127(b)(4)(vi) ...... Adds ‘‘ground reference maneuvers’’ as an area of operation for commercial pilot certifi- cation—gyroplane rating. 56 ...... § 61.127(b)(5)(vii) ...... Deletes ‘‘ground reference maneuvers’’ for commercial pilot certification powered lift rating. 57 ...... § 61.129(a)(3)(i) ...... Clarifies the instrument training tasks required for commercial pilot certification—airplane single engine rating by requiring training using a view-limiting device. 62 ...... § 61.129(a)(3)(iii) ...... Allows the daytime cross country flight for commercial pilot certification single engine air- plane rating to be performed under visual flight rules (VFR) or instrument flight rules (IFR). 62 ...... § 61.129(a)(3)(iv) ...... Allows the cross country flight at nighttime for commercial pilot certification airplane single engine rating to be performed under VFR or IFR. 64 ...... § 61.129(a)(4) ...... Permits training to be performed solo or with an instructor onboard for commercial pilot cer- tification—airplane single engine rating. 58 ...... § 61.129(b)(3)(i) ...... Requires instrument training tasks for commercial pilot certification airplane multiengine rat- ing to include training using a view-limiting device. 62 ...... § 61.129(b)(3)(iii) ...... Allows the daytime cross country flight for commercial pilot certification multiengine airplane rating to be performed under VFR or IFR. 62 ...... § 61.129(b)(3)(iv) ...... Allows the cross country flight at nighttime for commercial pilot certification multiengine air- plane rating to be performed under VFR or IFR. 59 ...... § 61.129(c)(3)(i) ...... Reduces the hour requirements on the control and maneuvering of a helicopter solely by reference to instruments from 10 hours to 5 hours for commercial pilot certification—heli- copter rating and permits it to be performed in an aircraft, flight simulator, or flight train- ing device. Clarifies the control and maneuvering of a helicopter solely by reference to instruments required for commercial pilot certification for the helicopter rating must in- clude training using a view-limiting device. 62 ...... § 61.129(c)(3)(ii) ...... Permits the daytime cross country flight for commercial pilot certification helicopter rating to be performed under VFR or IFR.

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Revision No. CFR designation Summary of the revisions

62 ...... § 61.129(c)(3)(iii) ...... Permits the cross country flight at nighttime for commercial pilot certification helicopter rat- ing to be performed under VFR or IFR. 64 ...... § 61.129(c)(4) ...... Permits training for commercial pilot certification helicopter rating to be performed solo or with an instructor onboard. 60 ...... § 61.129(d)(3)(i) ...... Reduces the instrument training for commercial pilot certification—gyroplane rating to 2.5 hours on the control and maneuvering of a gyroplane solely by reference to instrument and permits it to be conducted in an aircraft, flight simulator, or flight training device. Clarifies the control and maneuvering of a gyroplane solely by reference to instrument required for commercial pilot certification gyroplane rating must include training using a view-limiting device. 62 ...... § 61.129(d)(3)(ii) ...... Allows the daytime cross country flight for commercial pilot certification gyroplane rating to be performed under VFR or IFR. 63 ...... § 61.129(d)(3)(iii) ...... Deletes the requirement for a cross country flight at nighttime for commercial pilot certifi- cation gyroplane rating and establishes it as ‘‘At least two hours of flight training during nighttime conditions in a gyroplane at an airport, that includes 10 takeoffs and 10 land- ings to a full stop (with each landing involving a flight in the traffic pattern).’’ 64 ...... § 61.129(d)(4) ...... Permits training for commercial pilot certification gyroplane rating to be performed solo or with an instructor onboard. 61 ...... § 61.129(e)(3)(i) ...... Requires that instrument training tasks for commercial pilot certification powered-lift rating include training using a view-limiting device. 61 ...... § 61.129(e)(3)(ii) ...... Permits the cross country flight at nighttime for commercial pilot certification powered-lift rating to be performed under VFR or IFR. 62 ...... § 61.129(e)(3)(iii) ...... Permits the cross country flight at nighttime for commercial pilot certification powered-lift rating to be performed under VFR or IFR. 64 ...... § 61.129(e)(4) ...... Permits training for commercial pilot certification powered-lift rating to be performed solo or with an instructor onboard. 64 ...... § 61.129(g)(2) ...... Permits training for commercial pilot certification airship rating to be performed either solo or while performing the duties of PIC with an instructor onboard. 65 ...... § 61.129(g)(3) ...... Reformats paragraph (3) into subparagraphs (i) and (ii). Clarifies that the instrument train- ing tasks for commercial pilot certification airship rating requires instrument training using a view-limiting device. 62 ...... § 61.129(g)(4)(ii) & (iii) ...... Permits the cross country training for commercial pilot certification airship rating to be per- formed under VFR or IFR. 66 ...... § 61.153(d)(3)(i), (ii) ...... Further clarifies the additional condition to qualify for a U.S. ATP certificate on the basis of a foreign pilot certificate. 67 ...... § 61.157 ...... Reprints this section in its entirety due to numerous editorial, formatting, and technical revi- sions. 67 ...... § 61.157(b) ...... Adds the language ‘‘or a type rating that is completed concurrently with an airline transport pilot certificate’’ for clarification purposes. Reformats this section to establish a paragraph (g) that permits the use of an aircraft not capable of instrument flight for a type rating to be added to an existing ATP certificate. This revision parallels the changes in § 61.63(e). 67 ...... § 61.157(f)(1)(ii) ...... Clarifies the aeronautical knowledge areas of the competency check under § 135.293 for qualifying for an aircraft rating. The reason for this change is because Part 142 training centers and designated pilot examiners are only authorized to test an applicant on the aeronautical knowledge areas of § 135.293(a)(2) and (3) and not on the aeronautical knowledge areas of § 135.293(a)(1) and (4) through (8). Procedurally, the FAA only per- mits the part 135 operator’s check airman and FAA Inspectors to test the applicant on the aeronautical knowledge areas of § 135.293(a)(1) and (4) through (8). 36 & 67 ...... § 61.157(g) ...... Clarifies the use of flight simulators and flight training devices and applicant qualifications for the airplane rating at the ATP certification level and moves it in to § 61.64 in para- graph (a) and (b). 36 & 67 ...... § 61.157(h) ...... Clarifies the use of flight simulators and flight training devices and applicant qualifications for the helicopter rating at the ATP certification level and moves it into § 61.64 in para- graph (c) and (d). 36 & 67 ...... § 61.157(i) ...... Clarifies the use of flight simulators and flight training devices and applicant qualifications for the powered-lift rating at the ATP certification level and moves it into § 61.64 as para- graph (e) and (f). 68 ...... § 61.157(g) ...... Re-designates paragraph (j) as paragraph (g). Amends the requirements for permitting use of aircraft not capable of instrument flight for a rating to permit the issuance of a ‘‘VFR Only’’ limitation for ATP certification. This revision parallels the changes in § 61.63(e). 68 ...... § 61.157(h) ...... Adds a provision to permit an applicant for type rating in a multiengine, single seat airplane to be performed in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. This revision parallels the changes in § 61.63(f). 69 ...... § 61.157(i) ...... Adds a provision permitting an applicant for type rating in a single engine, single seat air- plane to be performed in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. This revision parallels the changes in § 61.63(g). 70 ...... § 61.159(c)(3) ...... Adds a provision to accommodate the crediting of flight engineer time for U.S. military flight engineers for qualifying for an ATP certificate that is similar to what is provided for cred- iting flight engineer time under part 121. 71 ...... § 61.159(d) ...... Clarifies when an applicant may be issued an ATP certificate with the ICAO endorsement.

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Revision No. CFR designation Summary of the revisions

71 ...... § 61.159(e) ...... Clarifies a holder of an ATP certificate with the ICAO endorsement may have the endorse- ment removed after meeting the aeronautical experience of revised § 61.159(d). 72 ...... § 61.187(b)(6)(vii) ...... Deletes the ‘‘go around maneuver’’ for flight instructor certification for the glider rating. 73 ...... § 61.195(c)(1) & (2) ...... Establishes the flight instructor qualifications for providing instrument training in flight to be a CFII in the appropriate category and class of aircraft. 74 ...... § 61.195(d)(3) ...... Deletes requirement that a flight instructor must sign a student’s certificate for authorizing solo flight in Class B airspace. 75 ...... § 61.195(k) ...... Adds flight instructor qualifications for giving the PIC night vision goggle qualification and currency training. 7 ...... § 61.197(a)(2) ...... This proposal has been withdrawn, because the FAA has decided to continue to issue flight instructor certificates with an expiration date. The proposal would have established flight instructor renewal procedures without requiring re-issuance of the actual flight in- structor certificate. 7 ...... § 61.199(a) ...... This proposal would have established flight instructor reinstatement procedures without re- quiring re-issuance of the actual flight instructor certificate. That proposal has been with- drawn, because the FAA has decided to continue to issue flight instructor certificates with an expiration date. The FAA is making a minor change to this rule to clarify the rein- statement requirements to allow the performance of a single CFI reinstatement practical test renews the other ratings held on that flight instructor certificate. 76 ...... § 61.215(b) ...... Deletes the privilege of advance ground instructors (AGIs) to provide training and endorse- ment for instrument training. 77 ...... § 61.217(a)–(d) ...... Establishes new currency requirements for ground instructors. 78 ...... § 91.205(h) ...... Establishes the required instruments & equipment for night vision goggle operations. 79 ...... § 141.5(a)–(e) ...... Clarifies that the ‘‘counters’’ for the pass rate must be 10 different people and that no one graduate can be counted more than once. 80 ...... § 141.9 ...... Corrects the rule language for issuing examining authority. 81 ...... § 141.33(d)(2) ...... Reduces the number of student enrollments to qualify for a check instructor position to 10 students. 82 ...... § 141.39 ...... Permits the use of foreign registered aircraft for those part 141 training facilities that are lo- cated outside of the United States and where the training is conducted outside of the United States. 83 ...... § 141.53(c)(1) ...... Deletes subparagraph (c)(1) to remove an obsolete date. 84 ...... § 141.55(e)(2)(ii) ...... Corrects the phrase ‘‘the practical or knowledge test, or any combination thereof’’ to read ‘‘the practical or knowledge test, as appropriate.’’ 85 ...... § 141.77(c)(1), (2), and (3) ...... Makes a technical correction to the language in the rules about the proficiency and knowl- edge test required for transfer students to a part 141 pilot school. 86 ...... § 141.85(a)(1) & (d) ...... Clarifies duties and responsibilities that chief instructor may delegate to an assistant chief instructor and recommending instructor. 87 ...... Part 141, Appx. B. para. 2 ...... Changes the eligibility requirement for enrollment into the flight portion of the private pilot certification course to only require a recreational, sport, or student pilot certificate prior to entry into the solo phase of the flight portion of the course. 88 ...... Part 141, Appx. B. para. Corrects in the private pilot certification single engine airplane course requirement by 4(b)(1)(i). changing the training required to read ‘‘on the control and maneuvering of a single en- gine airplane solely by reference to instruments’’ instead of calling it ‘‘instrument train- ing.’’ 88 ...... Part 141, Appx. B. para. Corrects the private pilot certification multiengine airplane course requirement by changing 4(b)(2)(i). the training required to read ‘‘on the control and maneuvering of a multiengine airplane solely by reference to instruments.’’ 88 ...... Part 141, Appx. B. para. Corrects the private pilot certification powered-lift course requirement by changing the train- 4(b)(5)(i). ing required to read ‘‘on the control and maneuvering of a powered-lift solely by ref- erence to instruments.’’ 89 ...... Part 141, Appx. B. para. 5(a)(1) Changes the distance for the cross country flight in the private pilot certification—airplane single engine course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical miles.’’ 90 ...... Part 141, Appx. B. para. 5(b)(1) Changes the distance on a cross country flight in the private pilot certification—airplane multiengine course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical miles.’’ 91 ...... Part 141, Appx. B. para. 5(c)(1) Changes the distance on a cross country flight in the private pilot certification helicopter course to conform to ICAO requirements to be a cross country flight of at least 100 nau- tical miles. Changed the phrase ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nau- tical miles.’’ 92 ...... Part 141, Appx. B. para. 5(d)(1) Changes the distance on a cross country flight in the private pilot certification—gyroplane course from ‘‘at least 25 nautical miles’’ to read ‘‘more than 25 nautical miles.’’ 93 ...... Part 141, Appx. B. para. 5(e)(1) Changes the distance on a cross country flight in the private pilot certification—powered lift course from ‘‘at least 50 nautical miles’’ to read ‘‘more than 50 nautical miles.’’ 94 ...... Part 141, Appx. C. para. 4(b)(5) Allows approval of instrument rating courses that give credit for instrument training on an & (6). ATD. 100 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification airplane sin- 4(b)(1)(i). gle engine course include training using a view-limiting device. 99 ...... Part 141, Appx. D. para. Allows the complex airplane training in the commercial pilot certificate single engine air- 4(b)(1)(ii). plane course to be performed in either in a single engine complex airplane or multien- gine complex airplane.

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Revision No. CFR designation Summary of the revisions

96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight for the commercial pilot certificate airplane course to 4(b)(1)(iii). be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Allows the nighttime cross country flight for the commercial pilot certificate airplane course 4(b)(1)(iv). to be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification airplane 4(b)(2)(i). multiengine course include training using a view-limiting device. 96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight for the commercial pilot certificate airplane course to 4(b)(2)(iii). be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Allows the nighttime cross country flight for the commercial pilot certificate airplane course 4(b)(2)(iv). to be performed under VFR or IFR. 100 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification helicopter 4(b)(3)(i). course include using a view-limiting device. 96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight in the commercial pilot certificate helicopter course 4(b)(3)(ii). to be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Allows the nighttime cross country flight in the commercial pilot certificate helicopter course 4(b)(3)(iii). to be performed under VFR or IFR. 100 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification gyroplane 4(b)(4)(i). course include using a view-limiting device. 96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight in the commercial pilot certificate gyroplane course 4(b)(4)(ii). to be performed under VFR or IFR. 97 ...... Part 141, Appx. D. para. Requires a nighttime cross country flight in the commercial pilot certificate gyroplane 4(b)(4)(iii). course to include at least two hours of flight training during nighttime conditions at an air- port, that includes 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern). 100 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification powered-lift 4(b)(5)(i). course include using a view-limiting device. 96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight in the commercial pilot certificate powered-lift 4(b)(5)(ii). course to be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Allows the nighttime cross country flight in the commercial pilot certificate powered-lift 4(b)(5)(iii). course to be performed under VFR or IFR. 100 ...... Part 141, Appx. D. para. Requires that the instrument training tasks for the commercial pilot certification airship 4(b)(7)(i). course include using a view-limiting device. 96 ...... Part 141, Appx. D. para. Allows the daytime cross country flight in the commercial pilot certificate airship rating 4(b)(7)(ii). course to be performed under VFR or IFR. 96 ...... Part 141, Appx. D. para. Allows the nighttime cross country flight in the commercial pilot certificate airship rating 4(b)(7)(iii). course to be performed under VFR or IFR. 98 ...... Part 141, Appx. D. para. Adds ‘‘ground reference maneuvers’’ as an area of operation for the gyroplane rating in the 4(d)(4)(vi). commercial pilot certificate course. 95 ...... Part 141, Appx. D. para. 5(a), Allows training to be performed solo or with an instructor onboard for the commercial pilot (c ), (d), & (e). certificate courses. 101 ...... Part 141, Appx. E. para. 2 ...... Clarifies that a person prior to having completed the flight portion of the ATP course must have met the ATP aeronautical experience requirements of part 61, subpart G. 102 ...... Part 141, Appx. I. para. 3 and 4 Clarifies the amount and content of ground and flight training for the add-on aircraft cat- egory and/or class rating courses in the recreational, private, commercial, and ATP cer- tification courses.

Differences Between NPRM and Final as identity theft, we have explained our identification acceptable to the Rule requirements and rationale in the Administrator. This exercise will also The notice of proposed rulemaking preamble of this final rule. We find the address security concerns regarding (NPRM) generated considerable interest revisions will clarify and eliminate pilot identification. Details on this and commentary by the pilot, flight duplication of certain sections and, in rulemaking will appear in the Federal instructor, and flight school community fact, reduce paperwork. As detailed later Register in due course and comments as well as other stakeholders. While the in this document, revised § 61.29(d)(3) will be solicited before a final rule is FAA is appreciative of all comments, ends the requirement that a person promulgated. recommendations, and suggestions requesting replacement of a lost or Responding to concerns that the FAA made during NPRM period, they are not destroyed airman certificate, medical will deny or revoke privileges for always related to the instant final rule. certificate, or knowledge test report inadvertent inaccuracies, based on re- The FAA received general comments must furnish their Social Security review of § 61.59 we do not find this on aviation industry future trends. Number. The change improves privacy rule invalidates existing regulatory Comments on cockpit resource by one less place where a Social requirements for recording flight management (CRM) and general aviation Security Number must be furnished and experience. It is not FAA’s intention to (GA) trends, including very light jet complies with Federal Law that forbids deny or revoke privileges for (VLJ), will be addressed in other FAA mandating a Social Security Number for inadvertent inaccuracies. In fact, many rulemakings. identification purposes. The FAA has of the ‘‘e-initiatives’’ of FAA, In response to several comments that started a rulemaking process revising Department of Transportation, and the rule changes would result in undue the pilot certificate requirements that Federal Government make applications, recordkeeping burdens for certificate when exercising the privilege of a pilot submission, and corrections easier. At holders and cause new problems such certificate, the person must carry photo present, a number of processes can be

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completed online including the renewal revision as it was proposed in the certificates and ratings to be current and of instructor flight certificates. The FAA NPRM. valid is implied, and it is not necessary has also made numerous editorial to revise the regulations to reflect them. 3. This revision establishes a new § 61.2 changes for clarity. One commenter asserted that the that clarifies the requirements regarding regulatory requirements for exercising Editorial Comments ‘‘currency’’ and ‘‘validity’’ throughout part 61 as it relates to exercising the privileges are effective regardless of The FAA has made numerous privileges of an airman certificate, whether a regulation specifically editorial changes referenced by the rating, endorsement, or authorization requires that a privilege be current. previous Summary of Revision Table issued under this part Three commenters believed that the and detailed comments appear by proposed changes to § 61.1 make Revision Number (Revision Number or The FAA had proposed to revise adequately clear that pilots’ certificates Revision No.). One commenter noted §§ 61.1(b)(2)(i) and (ii), (4), and (20); must be both valid and current, and that FAA Order 8710.3D referenced in the 61.3(a)(1), (c), (f)(2)(i) and (ii), and it is unnecessary to add the qualifier NPRM, has been superseded by FAA (g)(2)(i) and (ii); 61.39(c)(1), 61.69(a)(1); ‘‘current and valid’’ throughout part 61. Order 8900.2 and recommended the 61.75(b)(2) and (d); 61.77(b)(1); Three commenters recommended that, references be updated. The FAA agrees 61.103(j); 61.133(a)(1); 61.153(d)(1) and instead of making changes throughout and the corrected reference ‘‘FAA Order (3); 61.167(a) and (b)(3); the part 61, the FAA define valid and 8900.2’’ appears throughout this introductory language of 61.193; current in § 1.1 of the regulations. One document. 61.197(a); and 61.215(a), (b), (c), and (d) commenter suggested a blanket to clarify that airman certificates, Discussion of the Final Rule statement to the effect that certificate ratings, and authorizations had to be holders are required to meet all 1. This revision of § 61.1(b)(13) defines ‘‘current’’ and/or ‘‘valid,’’ or both, standards required to exercise any the term ‘‘night vision goggles’’ where and when appropriate. However, particular privilege at the time of the FAA has now decided to remove the Revised § 61.1(b)(13) defines ‘‘night intended use. One commenter pointed words ‘‘current’’ and ‘‘valid’’ entirely out that many certificate types have no vision goggles’’ (NVG) to mean ‘‘an throughout part 61. This new § 61.2 appliance worn by a pilot that enhances expiration, making currency a moot establishes the requirements for issue. the pilot’s ability to maintain visual ‘‘currency’’ and ‘‘validity’’ as it relates Six commenters pointed out that there surface reference at night.’’ to exercising the privileges of an airman is nothing on the face of pilot Two commenters supported the certificate, rating or authorization. As a certificates that indicates currency or proposed definition for night vision result of adding this new § 61.2, we validity, and that reference to a logbook goggles. One commenter, while have removed the word ‘‘current’’ from supporting the general concept of §§ 61.1, 61.3, 61.19, 61.23, 61.25, 61.39, or training records is required. Three defining and addressing night vision 61.51, 61.53, 61.55, 61.63, 61.65, 61.73, commenters asserted that compliance goggle operations, thought specific 61.75, 61.77, 61.89, 61.93, 61.101, with the proposed rules would require operational details should be left to 61.157, 61.185, 61.195, 61.197, 61.199, a pilot to carry logbooks or flight NVG users. 61.213, 61.303, 61.403, 61.407, 61.429, training records to prove currency, and The FAA is adopting the revision as and 61.431. Furthermore, by adding this object to the proposal for that reason. proposed in the NPRM. new § 61.2, we have also removed the These commenters asserted that word ‘‘valid’’ from §§ 61.1, 61.3, 61.23, requiring pilots to carry logbooks would 2. This revision of § 61.1(b)(14) defines expose them to loss or damage, and that the term ‘‘night vision goggle operation’’ 61.53, 61.75, 61.77, 61.101, 61.303, 61.403, 61.429, and 61.431. pilots using computer-based flight This final rule creates a new The words ‘‘current’’ and ‘‘valid’’ had records would be unable to comply. § 61.1(b)(14) by defining ‘‘night vision not been defined until we proposed the Two commenters urged that the goggle operation’’ as ‘‘a flight at night definitions in the NPRM (i.e., Notice No. proposed rules not be interpreted to where the pilot maintains visual surface 06–20; 72 FR 5806–5854; February 7, require pilots to carry logbooks. One reference utilizing NVGs in an aircraft 2007). In the past, the words ‘‘current’’ commenter recommended that the that is approved for NVG operations.’’ and ‘‘valid’’ had been used in some regulations require a pilot to make proof One commenter supported the general sections of part 61, but not consistently of currency available within a concept of defining and addressing or universally. Section 61.2 establishes reasonable time upon inquiry. night vision goggle (NVG) operations, the requirements for ‘‘currency’’ and Five commenters opposed the while deferring to NVG users regarding ‘‘validity’’ as it relates to a person’s proposed additions and revisions specific details of the proposed certificate, rating, endorsement, or because they believe that they will provisions. Two commenters objected to authorization in order to exercise the confuse matters rather than clarify them. the NVG definition on safety grounds. privileges of that certificate, rating, Two commenters asserted that The commenters believed the proposed endorsement or authorization. confusion will result from the fact that definition implies visual references to Five commenters expressed support different currency requirements apply to the surface may be maintained solely by for the various additions or different operations. One commenter NVG use and, in the event of a NVG replacements making clear that asserted that there is no distinction malfunction, pilots could be left without certificates, ratings, and other privileges between a current certificate and a valid any visual references. must be current and valid for use. One one. The FAA does not believe that the commenter pointed out that the changes The changes made here do not definition of ‘‘night vision goggle clarify that mere possession of a establish additional requirements on operation’’ would in any way affect certificate is not necessarily sufficient to pilots, flight instructors, and ground safety in the event of a NVG meet requirements. instructors, but merely clarify the malfunction. Required pilot training Six commenters asserted that the meaning of the rules. The FAA should ensure a pilot has the skills and proposed additions or revisions are acknowledges the comments received ability to revert to visual flight. unnecessary. Three commenters on this proposal, and therefore we Therefore, the FAA is adopting the asserted that the requirement for decided to clarify the requirements for

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‘‘currency’’ and ‘‘validity’’ by further revises § 61.19(b) to parallel with Three commenters supported the establishing this new § 61.2. the provisions set forth in the proposed increase in duration of student ‘‘Modification of Certain Medical pilot certificates for persons seeking a 4. This revision of § 61.3(j)(3) deletes an Standards and Procedures and Duration glider or balloon rating. One commenter obsolete date of Certain Medical Certificates’’ final recommended the duration also be We had proposed to delete the rule. increased for persons seeking an airship existing § 61.3(j)(3) that references Twelve commenters supported the rating due to the limited training assets obsolete dates. Section 61.3(j)(3) states proposed revision. Five commenters available. The FAA has determined that ‘‘Until December 20, 1999, a person may supported the proposed correspondence the recommendation to expand this serve as a pilot in operations covered by to the duration of third class medical revision to include persons seeking an this paragraph after that person has certificate, but recommended that the airship rating is beyond the scope of this reached his or her 60th birthday if, on provision also take into account a final rule. March 20, 1997, that person was proposed change in the duration of The FAA acknowledges the comments employed as a pilot in operations those certificates. One commenter received on this proposal, and has made covered by this paragraph.’’ However, supported the proposed provision, but the change and conforming changes to § 61.3(j)(3) is being revised in the ‘‘Part recommended it be applicable to all § 61.19(b)(3). 121 Pilot Age Limit’’ direct final rule, student pilots, regardless of age. Three 7. This proposal would have amended and so we have withdrawn the proposal commenters expressed support for §§ 61.19(d), 61.197(a), and 61.199 to to delete it in this rulemaking project. increasing duration of student pilot We also had proposed deleting the allow for the issuance of a flight certificates for persons seeking a glider statement in ‘‘Except as provided in instructor certificate without an or balloon rating and one person paragraph (j)(3) of this section’’ under expiration date and clarifies the flight recommended that the duration also be § 61.3(j)(1). Again, we have withdrawn instructor certificate reinstatement increased for those seeking an airship this proposal, because the ‘‘Part 121 requirements rating, because of the limited training Pilot Age Limit’’ direct final rule will assets available. The FAA proposed in the NPRM to conform the age at which pilots may revise §§ 61.19(d), 61.197(a), and 61.199 serve in part 121 air carrier operation to The FAA acknowledges the allowing issuance of flight instructor the Fair Treatment for Experienced supportive comments received on this certificates without an expiration date. Pilots Act, Public Law 110–135. proposal, and has made the changes and Two commenters supported conforming changes to § 61.19(b). After further consideration and additional analysis and review of elimination of the exception to age 6. This revision of § 61.19(b)(3) extends limitations because the date has passed. comments, we have determined revising the duration period to 36 calendar our application procedures can achieve Two commenters opposed application months for the student pilot certificate of age limitations on operating equivalent results. We plan to adopt a for persons seeking a balloon or glider simplified application process where a privileges. One commenter rating recommended relaxing the age flight instructor refresher course (FIRC) limitations with respect to certain In the NPRM, we proposed to revise provider can submit applications operations, noting that available data § 61.19(b)(3) to extend the duration directly to the FAA’s Airman does not provide a logical basis. One period for the student pilot certificate Certification Branch in Oklahoma City, other commenter argued that, for persons seeking a balloon or glider Oklahoma. When the flight instructor irrespective of age, an individual should rating to thirty-six calendar months. renewal applicant signs and completes be permitted to exercise all privileges if Since we proposed this revision, the an application, the FIRC provider mails he/she can pass the applicable medical FAA has issued the ‘‘Modification of the application directly to the FAA’s examination. Certain Medical Standards and Airman Certification Branch. At this The FAA acknowledges the comments Procedures and Duration of Certain point, the FAA will prepare and issue received on this proposal. The FAA will Medical Certificates’’ final rule (73 FR the renewed flight instructor certificate amend § 61.3(j)(3) in the ‘‘Part 121 Pilot 43064; July 24, 2008) that incorporates with a new expiration date. Age Limit’’ direct final rule. a new § 61.23(d) that extended the We also decided to continue issuing duration of the third class medical flight instructor certificates with 5. This revision of § 61.19(b) amends the certificate to the ‘‘60th month after the expiration dates, but through a duration of the student pilot certificate month of the date of examination shown simplified application process. This In the NPRM, we had proposed to on the medical certificate’’ for persons simplified application process allows revise § 61.19(b) to extend the duration under the age of 40 years. Therefore, we for the flight instructor renewal period for the student pilot certificate to are making a conforming change that applicant to complete and sign new thirty-six calendar months for further revises § 61.19(b)(3) to parallel ‘‘Flight Instructor Renewal individuals under the age of 40 years. the provisions set forth in the Application,’’ FAA Form 8710–1 CFI. If Since we proposed this revision, the ‘‘Modification of Certain Medical the flight instructor renewal application FAA has issued the ‘‘Modification of Standards and Procedures and Duration is a result of completing FIRC training Certain Medical Standards and of Certain Medical Certificates’’ final course of training, most FIRC providers Procedures and Duration of Certain rule. In effect, this revision extends the have Airman Certification Medical Certificates’’ final rule (73 FR duration period for the student pilot Representatives assigned to process 43064; July 24, 2008) incorporating a certificate for persons seeking a balloon their flight instructor renewal new § 61.23(d) that extended the or glider rating to 60 calendar months applications. The FAA’s Airman duration of the third class medical after the month of the date the student Certification Branch, AFS–760, has a certificate to the ‘‘60th month after the pilot certificate was issued, regardless of process in place where most FIRC month of the date of examination shown the age of the person. Under the rule, providers are now permitted to submit on the medical certificate’’ for persons persons seeking a balloon or glider their flight instructor renewal under the age of 40 years. Therefore, we rating are not required to hold a medical applications directly to the FAA’s are making a conforming change that certificate (See § 61.23(b)(1)). Airman Certification Branch.

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Under this process, a FIRC provider’s only a third class medical certificate. Check Airman is not required to hold a entire responsibility is to positively The Greater St. Louis Flight Instructor medical certificate when administering identify applicant, sign application, and Association asserted that examiners a test or check for a certificate, rating, send to the FAA Airman Certification should not be required to hold a or authorization in a flight simulator or Branch. The FAA’s Airman Certification medical certificate at all, because, flight training device. The words Branch will then process and issue the according to § 61.47, an Examiner is not ‘‘glider’’ and ‘‘balloon’’ were renewed flight instructor certificate. the pilot in command (PIC). The inadvertently left out when the rule was Although the Aircraft Owner and Pilots association further asserted that last revised. Association (AOPA) Safety Foundation Examiners reviewing sport pilot Two commenters supported the petitioned the FAA to issue flight certificate applicants should not be proposed clarification that no medical instructor certificates without an required to hold a medical certificate. certificate is required to administer a expiration date, we believe our The FAA acknowledges the comments practical test in a glider, balloon, flight simplified application process provides received about our proposals. We are simulator, or flight training device. The equivalent results. Furthermore, since adopting the provision permitting FAA is adopting the revision as the AOPA Safety Foundation petitioned Examiners only be required to hold proposed in the NPRM. for this change in 1999, the FAA third class medical certificates in believes its changes in the application § 61.23(a)(3)(vii). 12. This revision of § 61.23(b)(8) adds and certification process have negated situations where an applicant need not 10. This revision of § 61.23(b)(3) clarifies hold a medical certificate the need for the petitioned change. that persons exercising the privileges of This final rule amends § 61.23(b)(8) a glider or balloon rating are not 8. This revision of § 61.19(e) establishing when an applicant is required to hold a medical certificate standardizes the recent experience receiving a test or check for a certificate, requirements for the ground instructor This final rule amends § 61.23(b)(3) rating, or authorization in a glider, certificate by clarifying that persons exercising the balloon, flight simulator, or flight This final rule amends § 61.19(e) privileges of a glider or balloon rating training device, the applicant is not linking currency requirements for the are not required to hold a medical required to hold a medical certificate. ground instructor certificate with certificate. The FAA has received Existing § 61.23(b)(8) states that an duration period requirements. Our questions about § 61.23(b)(3). Some applicant is not required to hold a intent is to further clarify currency have asked whether the no medical medical certificate when receiving a test requirements for ground instructors. certificate requirement for operating a or check for a certificate, rating, or Since issuance of § 61.19(e), there have balloon or a glider applies only when a authorization in a flight simulator or been some questions about how a person is taking a practical test for a flight training device. The words ground instructor remains current. By glider or balloon rating or whether it ‘‘glider’’ and ‘‘balloon’’ were revising § 61.19(e) and linking this applies when a person is exercising the inadvertently left out when the rule was provision with the recent experience privileges of a glider or balloon rating. last revised. requirements under revised § 61.217 we The rule is intended to apply in both Two commenters supported the provide clarity. Four commenters situations. Section 61.23(b)(3) now proposed clarification adding that a supported the proposed provisions clarifies that persons exercising the medical certificate is not required to bringing ground instructor certificate privileges of their glider or balloon undergo a practical test in a glider, durations in line with currency rating, as appropriate, are not required balloon, flight simulator, or flight requirements. to hold a medical certificate. As training device. The Greater St. Louis Flight Instructor specified in the revised § 61.23(b)(8), a The FAA is adopting the revision as Association recommended ground person also is not required to hold a proposed in the NPRM. medical certificate when taking a instructors be required to complete a 13. This revision of § 61.23(b)(9) relieves practical test for a balloon or glider Flight Instructor Refresher Clinic to military pilots of the U.S. Armed Forces renew their privileges every 2 years. rating. Two commenters supported the from having to obtain an FAA medical Such a renewal requirement would certificate refresh instructors on core concepts and proposed clarification that no medical allow introduction of new material. certificate is required to exercise private This final rule adds a new The FAA is adopting the revision as pilot privileges in a balloon or glider. § 61.23(b)(9) that, in some cases, relieves proposed in the NPRM. The FAA is adopting this change military pilots from the requirement to because it further clarifies § 61.23(b)(3) have an FAA medical certificate. 9. This revision of § 61.23(a)(3)(vii) that when pilots are exercising the Instead, military pilots must have an up- provides for Examiners to only be privileges of their glider or balloon to-date medical examination conducted required to hold a third class medical rating, they do not have to hold a by the U.S. Armed Forces, which certificate medical certificate. authorizes them to perform flight duty. Amended § 61.23(a)(3)(vii) requires This exception is for military pilots Examiners to hold only a third class 11. This revision of § 61.23(b)(7) adds from the U.S. Air Force, U.S. Army, U.S. medical certificate. The FAA wants to situations where an Examiner need not Marine Corps, U.S. Navy, U.S. Coast parallel Examiners’ medical certificate hold a medical certificate Guard, and National Guard and Reserve requirements in FAA Order 8900.2. This final rule amends § 61.23(b)(7) to units. FAA Order 8900.2 requires that an establish that when an Examiner or a The pilot’s authorization for flight Examiner hold only a third class Check Airman is administering a test or duty must be up to date on the date he medical certificate when performing check for an airman certificate, rating, or or she relies on the military medical practical tests in an aircraft (with an authorization in a glider, balloon, flight authorization to qualify for the exception for Examiners administering simulator, or flight training device, he/ § 61.23(b)(9) exception. We are using the practical tests in a glider or balloon). she will not be required to hold a general phrase ‘‘up to date’’ to modify Four commenters supported the medical certificate. Existing a pertinent military medical provision permitting examiners to hold § 61.23(b)(7) states that an Examiner or authorization because the terminology

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regarding flight duty/flight status varies vision, and intraocular tension. Military commenters recommended that, in between the Army, Navy, Air Force, pilots are subjected to audiometry addition to military pilots, any military Marine Corps, Coast Guard, and testing during the hearing portion of air crewmember holding an up-to-date National Guard and Reserve. The their examinations whereas civilian military medical examination be exception may be only used for flights pilots are allowed to choose their allowed to meet FAA medical certificate requiring privileges of an FAA third- method of hearing test which can be a requirements without actually holding class medical certificate and when speech discrimination test, a an FAA-issued medical certificate. One flying within U.S. airspace. We have conversational voice test, or pure-tone commenter opined that the proposed limited this exception to operations audiometry. Laboratory testing (such as provision appears to conflict with within U.S. airspace because glucose, lipid, hemoglobin, serology, § 61.31(c)(1) requiring pilots to carry international standard (Annex 1 to the urinanalysis testing) and radiographic their medical certificates to operate as Convention on International Civil studies (such as chest x-ray) also are pilot in command (PIC). Two Aviation) requires pilots to hold an conducted. commenters recommended that FAA appropriate medical certificate from The FAA recognizes that there may clarify what constitutes evidence of a their civil aviation authority. not be absolute parallels in military and military medical examination, and one A conforming change has also been civilian aviation with regard to certain person suggested the FAA define made to new § 61.3(c)(2)(xii) to exclude procedural screening, such as for ‘‘current’’ for such examinations. He/she U.S. military pilots from having to carry substance abuse. For example, the FAA further recommended such an FAA medical certificate when verifies all medical certificate examinations be current for twelve exercising the privileges of their FAA applications against information calendar months from examination date. pilot certificates. However, an up-to- contained in the National Driver The Experimental Aircraft date military medical examination is Registry to determine whether an Association (EAA) and the National required for that person’s active status applicant has failed to reveal an alcohol- Association of Flight Instructors (NAFI) as a military pilot. If requested by the related motor vehicle action. While this noted that §§ 91.146 and 91.147, FAA, the pilot will be required to show may not be done in the same manner prescribing requirements for passenger- active status as a military pilot in lieu during military pilot medical screening, carrying flights for the benefit of of the FAA medical certificate. To military pilots are more subject to charitable, nonprofit, or community clarify, by ‘‘active status’’ we mean that routine screening for substance abuse events, require the event sponsor to the military pilot has an up-to-date than are civilian pilots. Civilian private furnish the local Flight Standard District medical examination and clearance pilots must adhere to part 61 substance Office (FSDO) with a photocopy of the issued by the U.S. Armed Forces abuse standards, however they are not pilot’s medical certificate. EAA and authorizing pilot flight duty. Common subject to routine drug testing. Unlike in NAFI recommended amending the military terminology for this the civilian realm where notice must be proposed rule to clarify that military authorization is an ‘‘up slip’’ or medical given, in the military realm routine pilots are eligible to conduct such clearance to fly. screening typically is unannounced and flights based on their military As implied in the existing is observed by collectors. In addition, examination. § 61.39(a)(4), to be eligible for a practical within a military squadron, close In response to commenters who test for a certificate or rating issued observation and scrutiny of behavior is requested any military air crewmember under part 61, one does not always need provided by colleagues within the holding a military medical examination to hold an FAA-issued medical squadron and also by squadron flight (e.g., aviation weapons officer, flight certificate. Under this § 61.23(b)(9) surgeons who work and fly with surgeon, navigator, flight crew chief, exception, a military pilot who is military pilots on a daily basis. flight engineer, etc.) be excused from applying for a practical test is only While medication usage authorized FAA medical certificate requirements, required to have completed a U.S. for military pilots may differ from usage we have determined that this medical military medical examination for authorized by the FAA for civilian exception will only be afforded to U.S. military pilot status in lieu of holding pilots, the basic philosophy is the military pilots. We determined there are an FAA third-class medical certificate. same—when contraindicated for flying, too many differences in the stringency, The FAA has determined that medical pilots must be grounded. Military pilots standards, and durations of military examinations provided by the U.S. must be approved by a flight surgeon medical examinations for the various Armed Forces provide a level of safety when taking any new medication. While other kinds of military crewmembers to that more than satisfies the standards military pilots are bound by standards permit crewmembers other than pilots required for an FAA third-class medical similar to 14 CFR 61.53, prohibiting to exercise the privileges of an FAA certificate. operations during a known medical medical certificate without requiring The FAA recognizes that each branch deficiency, military pilots are more them to hold one. Therefore, this of the U.S. military has its own set of likely to be removed from flying duties medical exception provided in medical standards required for military before they have to make the decision to § 61.23(b)(9) will only be afforded to pilot applicants. While there may be ground themselves. Because military U.S. military pilots under the differences, the FAA finds that the oversight of pilots is branch specific, circumstances described above. military medical standards met by whereas FAA oversight is much more Procedurally, we envision this applicants—many who will conduct broad-based, the military is able to process to work as follows. A military complex military exercises or combat ground pilots more readily when pilot’s satisfactory completion of a operations—are, by nature and of necessary. Military pilots may not military medical examination from the necessity, more stringent and therefore return to flight status unless approved U.S. Armed Forces, which authorizes exceed minimum 14 CFR part 67 by a flight surgeon. the pilot flight duty, is routinely standards. Military medical Twelve commenters supported the recorded on a military medical examinations also are more stringent. proposed provision excusing military clearance or recommendation for flying For example, military pilots endure pilots who have an up-to-date military form (e.g., DA Form 4186, AF Form more thorough vision screening—such medical examination from holding an 1042, NAVMED 5410/2, etc.). The pilot as for refraction, depth perception, night FAA medical certificate. Six will not need to show the actual

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military medical examination record Social Security Number. However, a Therefore, the FAA is deleting form. If the pilot is required to show the person may voluntarily provide his/her § 61.31(d)(2) as proposed in the NPRM. FAA that he or she has an up-to-date Social Security Number to establish his/ 16. This revision adds a new § 61.31(k) military medical clearance authorizing her identity. In addition, we have added that provides training and qualification pilot flight duty on a given day, the pilot clarifying language in § 61.29(d)(4) requirements for pilots who want to will only need to show the FAA a copy explaining what information is required operate with night vision goggles of the official U.S. military pilot flight in the letter from a person who requests documentation record, which indicates replacement of a lost or destroyed This final rule creates a new the pilot’s flight status and his or her medical certificate. § 61.31(k) that will require ground and medical standing. Six commenters supported flight training and a one-time instructor We do not find that the proposed elimination of having to furnish a Social endorsement for a pilot to act as PIC exception conflicts with § 61.31(c)(1), Security Number for a replacement during night vision goggle (NVG) requiring pilots to carry their medical certificate. One commenter objected to operations. This final rule certificates to operate as PIC. Since our proposal arguing that a Social ‘‘grandfathers’’ PICs previously military pilots do not carry an actual Security Number should be furnished at qualified as PIC for NVG operations document of their military medical all times. The FAA acknowledges the under § 61.31(k). Under new examination, they are excused from comments received about this proposal. subparagraph (k)(3), a pilot will not having to carry a medical certificate Federal Law restricting release of Social need the ‘‘one-time’’ NVG training and when exercising the privileges of their Security Numbers is controlling over endorsement provided the pilot can FAA pilot certificates. We have FAA regulations. Therefore, the FAA is document having satisfactorily provided a discussion and explanation adopting the revision as proposed in the accomplished any of the following pilot of this matter in the preceding NPRM. checks for using NVGs in an aircraft: paragraphs. • Completion of an official pilot Responding to the EAA and NAFI 15. This revision deletes the duplication proficiency check for using NVGs and comment regarding §§ 91.146 and in § 61.31(d)(2) by deleting the rule that check was conducted by the U.S. Armed Forces; or 91.147 requirements for passenger- This final rule deletes § 61.31(d)(2) carrying flights benefiting charitable, • Completion of a pilot proficiency that required a pilot in command (PIC) check for using NVGs under part 135 of nonprofit, or community events, to receive ‘‘training for the purpose of military pilots are not required to hold this chapter and that check was obtaining an additional pilot certificate conducted by an Examiner or a Check an FAA medical certificate under our and rating that are appropriate to that new § 61.23(b)(9). This means that the Airman. aircraft, and be under the supervision of military medical examination normally Three commenters generally an authorized instructor.’’ The FAA has could not be used for flights engaged in supported the training requirements for received inquiries about the difference the carriage of passengers or property NVG operations. The Aircraft Owners between paragraphs (d)(2) and (d)(3) for compensation or hire. However, and Pilots Association (AOPA) and found that they are conflicting. We under § 61.113(b) there are some limited supported the general concept of also found that paragraph (d)(2) exceptions for private pilots holding a defining and addressing NVG conflicts with § 61.51(e)(1)(i). third-class medical certificate, and the operations, while urging deference to military pilots qualifying for our new When the FAA initially revised NVG users on specific operational § 61.23(b)(9) would qualify for the § 61.31(d), we were considering a new details of proposed provisions. The § 61.113(b) exceptions as well. phrase ‘‘supervised PIC flight’’ that General Aviation Manufacturers In response to the commenter would allow a PIC in training to act as Association (GAMA) suggested the FAA requesting we define ‘‘current’’ (i.e., an aircraft’s PIC if properly supervised consider recommendations from both proper duration) for the purposes of a by their flight instructor. (See 60 FR the 2000 Aviation Rulemaking Advisory U.S. military medical examination, the 41160, 41227; August 11, 1995). The Committee (ARAC) with respect to NVG U.S. military duration standard for ‘‘supervised PIC flight’’ concept was not operations and the September 7, 2005 examinations for pilot flight status is adopted in the final rule, but paragraph part 135/125 Aviation Rulemaking typically one year, though some may be (d)(2) erroneously remained in the final Committee (ARC). as short as six calendar months or as rule (See 62 FR 16220; April 4, 1997). American Eurocopter and the long as eighteen calendar months. Paragraph (d)(3) of § 61.31 details FAA’s Helicopter Association International However, the specific duration PIC requirements and § 61.51(e)(1)(i) for (HAI) objected to the requirement for requirements for U.S. military medical logging PIC flight time. training on the preparation and use of examinations are governed by the U.S. Three commenters supported changes internal and external lighting systems Armed Forces, not the FAA. Also, the to § 61.31(d). One commenter noted that for NVG operations. They asserted that military has procedures in place similar under proposed §§ 61.31(d)(2) and external lighting systems of helicopters to the civil requirements of § 61.53 61.51(e)(1), a pilot not rated for a should require no preparation for NVG prohibiting flight duty when they are category or class of aircraft could, operations and if external lights are unable to meet medical requirements. without time limitation, log PIC flight interfering with operations, they can be time in that category or class of aircraft turned off. The commenters supported 14. This revision of § 61.29(d)(3) deletes once he/she received a solo flight the proposed rule to the extent the the requirement for a person to furnish endorsement. The commenter suggested requirement refers to training in the use their Social Security Number the FAA put a duration limitation on of existing external lighting. Eurocopter This final rule no longer requires that solo endorsements similar to the 90-day and HAI also supported qualified law a person requesting replacement of a limitation on solo endorsements issued enforcement personnel NVG operations lost or destroyed airman certificate, to student pilots. training and endorsement requirements. medical certificate, or knowledge test The FAA acknowledges the comments Four comments were submitted by report furnish his/her Social Security received about this proposal. The 90- representatives of law enforcement Number. The FAA by law cannot day limitation on solo endorsements is agencies or entities involved in training require a person to furnish his/her for student pilots, not rated pilots. law enforcement personnel in NVG

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operations. These commenters noted addition to excusing pilots with NVG 61.63(c), the rules require an applicant NVG flight operations are conducted on experience in the U.S. armed forces or for a practical test for an additional a wide scale by law enforcement in operations under part 135. For the aircraft class rating to receive a logbook agencies and civilian public service above reasons, the FAA is adopting the or training record endorsement from an operators. These four commenters ground and flight training requirements authorized instructor. Existing proposed that pilots who have for NVG qualifications in § 61.31(k). § 61.39(c)(2) incorrectly suggests that an completed a formal NVG training course endorsement is not required for an 17. This revision adds a new administered by an NVG manufacturer applicant for an aircraft class rating. § 61.35(a)(2)(iv) that requires proof of or authorized trainer or instructor and This final rule amends § 61.39(c)(2) by current residential address at the time have logged twenty hours as PIC in NVG removing the phrase ‘‘or a class rating of application for a knowledge test operations should be excused from the with an associated type rating’’ which NVG operations training and New § 61.35(a)(2)(iv) clarifies when a clarifies that the rule does not exempt endorsement requirements. An person’s permanent mailing address is a applicants for an aircraft type rating exemption from NVG operations P.O. Box, the person must show proof from having to receive an endorsement training and endorsement should also of their current residential address at from an authorized instructor. be granted to U.S. Armed Forces pilots the time of application for a knowledge One commenter supported the with NVG or part 135 experience. One test. The purpose of this change is to deletion of the instructor endorsement commenter objected to NVG operations conform the instructions in revised exception for an additional class rating. by the general flying public and stated § 61.35(a)(2)(iv) with instructions in The FAA acknowledges the comment use outside of law enforcement should existing § 61.60. received on this proposal. The purpose be prohibited. The commenter asserted Three commenters opposed the of this change is to correct a mistake in the risks of such use outweigh any proposed provision requiring an the former § 61.39(c)(2). No substantive potential benefit. The commenter also applicant for a knowledge test to changes have been made to § 61.39(c)(2), recommended use of NVG by law provide proof of a current residential and we are adopting the revision as enforcement personnel should be address, asserting a knowledge test proposed in the NPRM. alone does not result in the issuance of addressed by a stand alone rulemaking. 20. This revision of § 61.39(d) and (e) The FAA appreciates the diverse a certificate or rating. Two other clarifies the time frame for completing comments received on our NVG training commenters noted that proof of a practical test and qualification requirement proposal. residence is not required for an airman The NVG ground and flight training in application, although airmen are This revision amends the phrase ‘‘60 § 61.31(k) include recommendations required to notify the FAA of changes of calendar days’’ in § 61.39(d) and (e) to from the 2000 ARAC and part 125 and address before exercising privileges. read ‘‘2 calendar months.’’ Our 135 ARCs. We have further reviewed the One commenter argued since proof of proposed change makes it simpler to ground and flight training in § 61.31(k) residential address is required for a calculate the time for when a segmented to ensure that the ground and flight practical examination, requiring it for a practical test must be completed. An training requirements conform to knowledge test is redundant and applicant who accomplishes a industry recommendations. The FAA unnecessary. segmented practical test will be required agrees with the commenters and has The FAA acknowledges the comments to complete the entire practical test further revised § 61.31(k) accordingly. received on this proposal. The essence within two calendar months after The FAA has added a new paragraph of this change is merely to further beginning the test. For example, an (iii) to § 61.31(k)(3) to incorporate these clarify the intent of the existing rule and applicant who starts the oral portion of recommendations. no substantive change is being made to the practical test on July 2, 2008, will In response to the recommendation the rule. The FAA is adopting the have to complete the remaining portions about preparation of external lighting revision as proposed in the NPRM. of the practical test (i.e., simulator/ systems, we have revised the rule text training device check and aircraft flight to clarify the intent. We agree that a 18. This revision of § 61.39(b)(2) deletes check) before the end of September pilot does not have ability to prepare the word ‘‘scheduled’’ in front of the 2008. Additionally, we have further external lighting systems and thus we phrase ‘‘U.S. military air transport revised § 61.39(a)(6)(i) because we failed have revised the language in operations’’ to propose a change of ‘‘60 days’’ to read § 61.31(k)(2)(i). We have replaced the Revised § 61.39(b)(2) deletes the word ‘‘2 calendar months’’ in the rule. This word ‘‘preparation’’ with ‘‘preflight’’ to ‘‘scheduled’’ in front of the phrase ‘‘U.S. was an inadvertent oversight and clarify the intent for a pilot to preflight military air transport operations’’ spotted by a commenter during NPRM the internal and external aircraft because there is no such thing as review. lighting systems. ‘‘scheduled’’ U.S. military transport Ten commenters supported the Finally, we do not agree that NVG operations. One commenter supported proposed change in the time in which operations should be restricted to law the proposed deletion. The FAA is a practical test must be completed. One enforcement personnel. There are adopting the revision as it was proposed commenter asserted that if the time for legitimate civilian uses for NVG, and in the NPRM. completion of a practical test is changed our rule for training and qualifications to two calendar months, the validity will benefit law enforcement and other 19. This revision of § 61.39(c)(2) deletes period of the flight instructor users of NVG. This final rule includes the phrase ‘‘or a class rating with an endorsement must likewise be changed. provisions to excuse law enforcement associated type rating’’ in reference to LeTourneau University recommended pilots who have completed a formal the endorsement exception for applying the currency requirements of NVG training course administered by an for an additional aircraft class rating § 61.57(a)(1) and (b)(1) also be changed NVG manufacturer or authorized trainer Revised § 61.39(c)(2) deletes the from ninety days to three calendar or instructor and have logged 20 hours phrase ‘‘or a class rating with an months. Another commenter generally as PIC in NVG operations from the associated type rating’’ for persons who supported bringing all time training and endorsement requirements are applying for an additional aircraft requirements in line by using a calendar for NVG operations. This would be in class rating. In §§ 61.39(a)(6) and month basis, but objected that the

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proposed rule, as written, could give removed if and when the applicant Three commenters, including HAI, pilots up to 3 months to complete a passes the practical test by objected to the proposed definition and practical test. The commenter’s demonstrating single-pilot proficiency exclusion from civilians using surplus assessment is correct, and the new rule in the aircraft in which single-pilot military aircraft on a practical test. Two change will allow a pilot to have up to privileges are sought. commenters asserted that any aircraft three months to complete a practical Examples of aircraft for which an that satisfies equipment requirements test. FAA Flight Standardization Board has and is deemed safe for operation should The FAA also agrees with the approved the minimum pilot flight crew be eligible for a practical test. They recommendation to revise the validity complement to be either a single pilot, further argued that the checking of period for flight instructor endorsement or a pilot with a copilot, are certain pilots who use these aircraft exclusively from ‘‘60 days’’ to read ‘‘2 calendar models of the Beech 300, Beech 1900C, would enhance safety. One commenter months’’ because of our inadvertent and Beech 1900D airplanes that asserted that the operation of historical oversight in not proposing this change received certification under SFAR 41; aircraft should be encouraged. All in § 61.39(a)(6)(i). Therefore, further certain models of the Empresa Brasileira commenters opposing the proposed revised § 61.39(a)(6)(i) now reads: ‘‘Has de Aeronautica EMB 110 airplanes that provision recommended the FAA issue received and logged training time received certification under SFAR 41; special airworthiness certificates for within 2 calendar months preceding the and certain models of the Fairchild such aircraft. The EAA and NAFI month of application in preparation for Aircraft Corporation SA227–CC, objected to the use of the term surplus the practical test.’’ SA227–DC, and other Fairchild military aircraft, and recommended the commuter category airplanes on that 21. This revision of § 61.43(b) will FAA use the industry-accepted term, same type certificate that received clarify when an applicant has the choice ‘‘former military aircraft.’’ certification under SFAR 41 and that The purpose of our rule change is to to perform the practical test as a single have a passenger seating configuration, clarify the existing rule, and no pilot or use a second in command excluding pilot seats, of nine seats or substantive changes are being made. This final rule has revised § 61.43(b) less and the airplane’s type certificate Regarding EAA and NAFI’s to clarify when an applicant can authorizes single pilot operations. recommendation that the FAA use perform the practical test as a single The Cessna 501, Cessna 525, Cessna industry-accepted term ‘‘former military pilot or use a second in command. If a 551, Raytheon 390, and Beech 2000 are aircraft,’’ the rule language in second in command pilot is used under examples of aircraft whose flight § 61.45(a)(2)(iii) does not use either term new § 61.43(b)(3), the limitation manuals and/or type certification data of ‘‘surplus military aircraft’’ or ‘‘former ‘‘Second in Command Required’’ will be sheets allow the minimum pilot flight military aircraft.’’ The rule merely placed on the applicant’s pilot crew complement to be either a single defines when military aircraft certificate. This final rule revises pilot, or a pilot with a copilot. experience is applicable for a certificate § 61.43(a) by moving old § 61.43(a)(5) Two commenters supported the or rating. into revised § 61.43(b). proposed clarifications of circumstances Under new § 61.43(b)(1), if the under which a pilot may complete a 23. This revision of § 61.45(c) will aircraft’s FAA-approved aircraft flight practical test with a copilot present. The except lighter-than-aircraft, and gliders manual requires the pilot flight crew FAA is adopting the revision as without an engine, from the requirement complement be a single pilot, then the proposed in the NPRM. that aircraft used for a practical test applicant will be required to must have engine power controls and demonstrate single pilot proficiency on 22. This revision of § 61.45(a)(2)(iii) will flight controls that are easily reached the practical test. Under new define what is a military aircraft for the and operable in a conventional manner § 61.43(b)(2), if the aircraft’s type purpose of a practical test by both pilots certification data sheet requires the pilot Revised § 61.45(a)(2)(iii) will clarify This final rule amends § 61.45(c) by flight crew complement be a single the definition of a ‘‘military aircraft’’ excepting lighter-than-aircraft, and pilot, then the applicant is required to when used in a practical test. Recently, gliders without an engine, from demonstrate single pilot proficiency on there has been some confusion about requirement that aircraft used for a the practical test. The Cessna 172, whether it is permissible to use a practical test must have engine power Cessna 310, Piper Malibu (PA–44), and surplus military aircraft with no civilian controls and flight controls easily Beech Baron (BE–58) are examples of aircraft type designation for an airman reached and operable in a conventional aircraft whose flight manuals and/or certificate or rating practical test. Some manner by both pilots. Except for type certification data sheets require the applicants have requested to use a engine-powered gliders, most gliders do pilot flight crew complement be a single surplus military OH–58 Army not have engine power controls. pilot. helicopter for their practical test. As Three commenters supported the Under new § 61.43(b)(3), if the FAA these surplus military helicopters are proposed provision excepting gliders Flight Standardization Board report, not Bell BH–206 helicopters, they do from the requirement that aircraft used FAA-approved aircraft flight manual, or not have a civilian type designation. for a practical exam have engine power aircraft type certification data sheet The FAA has determined it is not controls and flight controls easily allows the pilot flight crew complement permissible to use these surplus former reached and operable by both pilots. to be either a single pilot, or a pilot and military aircraft for completing a One commenter opposed the proposed a copilot, then the applicant may practical test. provision, asserting that motor gliders or perform the practical test as a single Revised § 61.45(a)(2)(iii) will now self-launch gliders have power controls. pilot or with a copilot. If the applicant define a ‘‘military aircraft’’ as an aircraft The commenter argued that, even performs the practical test with a under the direct operational control of without the proposed provision, the copilot, the limitation of ‘‘Second in the U.S. Armed Forces. Under this Examiner has discretion to still permit Command Required’’ will be placed on definition, surplus military aircraft are gliders not meeting specifications be the applicant’s pilot certificate. Under not military aircraft because they are not used for the practical test. One new § 61.43(b)(3), the ‘‘Second in under the direct operational control of commenter supported the proposed Command Required’’ limitation may be the U.S. military. provision. The commenter

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acknowledged that some gliders may 25. This revision of § 61.51(e)(1) will The supervising PIC will be required have engine controls not easily reached correct an omission of the words to hold either a commercial pilot by both pilots, but that this should not ‘‘airline transport pilot’’ regarding certificate or ATP certificate, and flight preclude an Examiner’s determination logging of pilot in command flight time instructor certificate. In addition, the that a practical test can be safely Because existing § 61.51(e)(1) does not supervising PIC must hold the conducted. include ‘‘airline transport pilots’’ it may appropriate aircraft rating (i.e., category, class, and type of aircraft being flown, The FAA agrees with the comments appear airline transport pilot (ATP) certificate holders do not have the same if a class or type rating is required). The that § 61.45(c) requires further supervising PIC must log the PIC pilot in command (PIC) logging clarification to differentiate between training given in the pilot’s logbook, privileges as sport pilots, recreational gliders that are unpowered and those certify having given the PIC training in pilots, private pilots, and commercial that have an engine. Section 61.45(c) is the pilot’s logbook, and attest to that pilots. This final rule adds ‘‘airline further revised by adding phrase certification with his/her signature, transport pilot’’ to § 61.51(e)(1) to avoid ‘‘without an engine’’ in reference to flight instructor certificate number, and any further confusion. In addition, we gliders. expiration date, or ATP certificate have adopted a commenter’s number, as appropriate. This revision 24. This revision of § 61.51(b)(3)(iv) will recommendation the FAA also add parallels and further clarifies the ‘‘sport pilot’’ to § 61.51(e)(1). provide for logging night vision goggle provisions in revised § 61.129 and Five commenters supported the time existing §§ 61.31(d), 61.159(a)(4), proposed provision permitting ATPs to 61.161(a)(3), and 61.163(a)(3) for PIC Revised § 61.51(b)(3)(iv) adds a log PIC flight time. Three commenters provision that in order to log ‘‘night aeronautical experience. opposed the proposed rule’s omission of AOPA supported the concept, but vision goggle time’’ compliance with the sport pilots from the list of pilots believed the proposed rule was unclear training time and aeronautical permitted to log PIC flight time and and would lead to confusion. AOPA experience must be demonstrated when recommended their inclusion. We agree recommended rewriting the proposed acting as pilot in command (PIC) for with the recommendation that holders regulatory text to include a matrix text night vision goggle (NVG) operations. of a sport pilot certificate should be able showing conditions under which a pilot The logging of NVG time will be to log PIC flight time. Therefore, we may log time as PIC. Four commenters permitted when performed in an aircraft have revised § 61.51(e)(1) to include supported the proposed provisions in flight, in a flight simulator, or in a holders of sport pilot certificates as clarifying logging of PIC flight time by flight training device. those who are allowed to log PIC flight pilots acting as PIC under supervision. time. The Aircraft Owners and Pilots One commenter questioned whether the Association (AOPA) supported the 26. This revision of § 61.51(e)(1)(iv) will proposed provisions are targeted toward concepts of defining and addressing permit a pilot performing the duties of pilots working toward advanced night vision goggle operations, while pilot in command while under the certificates, ratings, or authorizations after receiving their commercial pilot deferring to NVG users on the specific supervision of a qualified pilot in certificates. details of the proposed provisions. command to log pilot in command flight time Four commenters asserted the American Eurocopter and HAI argued proposed provisions are unnecessary, as pilots conducting NVG operations Revised § 61.51(e)(1)(iv) will allow a pilots acting as PIC under supervision should be permitted to log both NVG pilot performing the duties of a pilot in are already permitted to log PIC flight time and night flight time. These command (PIC) while under the time under other sections of the commenters stated a pilot’s peripheral supervision of a qualified PIC to log PIC regulations. The Greater St. Louis Flight vision is not affected and the same flight time. The FAA is making this Instructor Association objected to the cockpit management skills are required revision to provide another way for proposed provisions arguing there is a for both NVG time and flight time. Two commercial pilot certificate or airline trend toward pilots having inadequate commenters asserted existing § 61.51(b) transport pilot certificate holders to log true solo experience; it believes the is adequate to address logging of NVG PIC flight time. proposed rule would result in pilots time and adding ‘‘while using night The pilot performing the duties of a building time without accruing real vision goggles’’ would suffice for clarity. PIC will be required to hold a experience. One commenter opposed commercial pilot certificate or airline application of the proposed provision Regarding comment about whether transport pilot certificate with the other than in operations or aircraft NVG flight time may also be logged as aircraft rating appropriate to the requiring a second in command (SIC) night flight time, the revision to category and class of aircraft being (e.g., operation of light single engine § 61.51(b)(3)(iv) does not prohibit the flown, if a class rating is appropriate. airplanes under part 91). The logging of NVG flight time and night The pilot must be under the supervision commenter did not consider a required flight time simultaneously. It is of an appropriately qualified PIC. safety pilot to be an SIC. One acceptable for a person to log both NVG Additionally, the pilot who is commenter objected to requiring flight time and night flight time if the performing PIC duties is required to endorsement of the acting PIC’s logbook conditions of flight occur during undergo an approved PIC training by the supervising PIC. The commenter nighttime. The logging of nighttime for program consisting of ground and flight asserted that the training contemplated recency of experience must be ‘‘during training on the following areas of by the proposed rule is recorded in the period beginning 1 hour after sunset operation: pre-flight preparation, training records, not logbooks. One and ending 1 hour before sunrise.’’ (See preflight procedures, takeoff and commenter recommended pilots logging § 61.57(b)(1)). departure phase, in-flight maneuvers, PIC flight time under supervision also instrument procedures, landings and be required to log dual instruction time. The FAA acknowledges the comments approaches to landings, normal and This rule is designed to allow received about this proposal. We are not abnormal procedures, emergency operators to train new hires to revising or withdrawing the proposal. procedures, and post-flight procedures. eventually become PICs. The rule was

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initially petitioned for by Saudi would be a situation where one logging of flight time in aircraft issued Aramco. Saudi Aramco wanted authorized instructor monitors several special airworthiness certificates in the permission to allow new hires’ training students simultaneously in the same light-sport category, provisional in their Bell 214 helicopter to eventually room at a flight simulation lab. airworthiness certificates, and special become PICs in the company and allow Six commenters supported the flight permits. logging PIC flight time while under the proposed provisions clarifying This revision will codify existing FAA supervision of more experienced and requirements for use of flight policy under FAA Order 8900.1, senior PICs. This rule does require simulators, flight training devices and Volume 5, Chapter 2, Section 5, page 3, pilots to hold at least a commercial pilot aviation training devices. Three paragraph 5–315 B., which states: certificate and requires those performing commenters supported the proposed B. Logging Time. Unless the vehicle is supervising PIC duties must hold either provisions regarding logging of training type-certificated as an aircraft in a category a commercial pilot certificate or airline performed using an aviation training listed in § 61.5(b)(1) or as an experimental transport pilot certificate, and flight device. ALPA recommended a aircraft, or otherwise holds an airworthiness instructor certificate with the limitation be placed on the number of certificate, flight time acquired in such a appropriate category and class of aircraft students an instructor may supervise, vehicle may not be used to meet being flown, if a class rating is suggesting an instructor be permitted to requirements of part 61 for a certificate or rating or to meet recency of experience appropriate. oversee no more than three students requirements. A pilot may log PIC flight time when simultaneously. For economic reasons, performing the duties of the PIC while one commenter supported the specific The FAA has received several under the supervision of the § 1.1 PIC. provision that an instructor may oversee inquiries whether it is permissible to The FAA believes the rule is abundantly training of more than one pilot use surplus military aircraft that do not clear that a person may log PIC flight simultaneously. hold a civilian type designation as an time when performing the duties of the Flight Safety International observed aircraft or an airworthiness certificate PIC while under the supervision of the that flight schools and training centers for logging flight time to meet the part PIC, provided both the person who is often track training in records other than 61 requirements for a certificate, rating, performing the duties of the PIC and the a logbook, and recommended proposed or recent flight experience. The FAA’s supervising PIC meet the requirements § 61.51(g)(4) be revised to require response has been that the aircraft must of the rule. signing of a logbook or training record. be of the category, class (if class is After consideration of all the The FAA agrees that training applicable), and type (if type is comments received, the FAA is permitted to also be logged in a training applicable) listed under § 61.5(b)(1) adopting the revision as proposed in the record. Section 61.51(g)(4) has been through (7), or the aircraft must hold an NPRM. rewritten. experimental airworthiness certificate. On whether to limit the number of American Eurocopter and HAI 27. This revision of § 61.51(g)(4) students a single instructor may objected to the requirement that an conforms the rule for logging of supervise, we did not propose such a aircraft be issued an airworthiness instrument time in a flight simulator, restriction in the NPRM. Therefore, to certificate for a pilot to log time in it, flight training device, and aviation require such a restriction would be noting some aircraft have not been training device to existing policy beyond the scope of this final rule. The issued airworthiness certificates and This final rule amends § 61.51(g)(4) to FAA is adopting the final rule as may be legally operated without allow logging of instrument time in a described above. adversely affecting safety. The flight simulator (FS), flight training commenters asserted pilots exclusively device (FTD), or aviation training device 28. This revision of § 61.51(j) will operating aircraft without airworthiness (ATD) conforming to existing regulation establish the aircraft requirements for certificates will be discouraged from or policy. An authorized instructor (See when a pilot may log ‘‘flight time’’ training, which will negatively impact § 61.1(b)(2)) must be present in the FS, Revised § 61.51(j) establishes the safety. The commenters recommended FTD, or ATD when instrument training aircraft and aircraft airworthiness the FAA create a designation for surplus time is logged for training and requirements for when a pilot may log military aircraft meeting the intent of aeronautical experience for meeting the flight time. To log flight time and meet the rule to permit training and requirements for a certificate, rating, or the part 61 aeronautical experience examination in such aircraft. One flight review (See § 61.51(a)). The requirements for a certificate, rating, or commenter interpreted proposed instructor must sign the person’s recent flight experience, the aircraft § 61.51(j) as prohibiting law logbook verifying training time and must have been issued either a standard enforcement pilots from logging time in session content. or special airworthiness certificate surplus military aircraft, noting ability Examples of situations in which an (except for U.S. military aircraft flown of military pilots to log time in identical authorized instructor will be considered by U.S. military pilots and under the aircraft and the ability of sport pilots to present would be where an authorized direct operational control of the U.S. log time in uncertified aircraft. instructor is seated at a center control Armed Forces or public aircraft flown One commenter implied that panel in a flight simulation lab and is by pilots of a Federal, State, county, or proposed § 61.51(j) would not permit a monitoring each student’s performance municipal law enforcement agency). sport pilot to log time in aircraft other from control panel display. Another Special airworthiness certificates than light sport aircraft. The commenter example would be a situation where an include primary, restricted, limited, questioned whether such a pilot should instructor assigns a student several light-sport, and provisional be able to log training received in such instrument tasks and then leaves the airworthiness certificates, as well as aircraft, and suggested that the proposed room. In such cases, if the flight training special flight permits and experimental § 61.51(j)(2) be deleted, because device has a monitoring and tracking airworthiness certificates (See § 61.51(e)(1) already prevents sport system that allows the authorized § 21.175(b)). pilots from logging PIC time in other instructor to review the entire training Section 61.51(j) has been further than light sport aircraft. One commenter session, the instructor need not be revised to correct an error in an earlier questioned whether special operating physically present. Another example version of the rule that prevented the light sport aircraft (SLSA) should be

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included in the acceptable logging of flight time in an aircraft of Two commenters recommended airworthiness certificate criteria in U.S. registry with either a standard or clarifying that NVG should not be used proposed § 61.51(j)(1). The commenter special airworthiness certificate. Under as the sole visual reference to the also recommended the section require § 21.175(b), a special airworthiness surface, stating NVG should only be that an acceptable airworthiness certificate includes aircraft that have used to enhance abilities during night certificate be current and valid. been issued a primary, restricted, VFR flight. One commenter asserted proposed limited, light-sport, or a provisional In regards to the comment about § 61.51(j) may conflict with § 61.52, airworthiness certificate, special flight whether NVG flight time may also be permitting logging of time in ultralight permit, or experimental airworthiness logged as night flight time, the revision aircraft toward a sport pilot certificate. certificate. Therefore, a special to § 61.51(b)(3)(iv) does not prohibit the The commenter also asserted that a operating light sport aircraft (SLSA) is logging of NVG flight time and night prohibition on logging time in surplus covered by § 61.51(j)(1) for the purpose flight time simultaneously. It is military aircraft will discourage of being allowed to log flight time. perfectly acceptable for a person to log maintenance of national historic assets. both NVG flight time and night flight The purpose of the change is to 29. This revision of § 61.51(k) will time if the conditions of flight occur parallel the rule with existing policy in establish the criteria and standards for during nighttime. The logging of night logging NVG time FAA Order 8900.1, Volume 5, Chapter flight time for currency purposes is the 2, Section 5, page 3, paragraph 5–315 B Revised § 61.51(k) establishes criteria flight must occur ‘‘during the period and the statutory requirements in Public and standards for logging night vision beginning one hour after sunset and Law 106–424. goggle (NVG) time by revising the ending one hour before sunrise’’ (See The FAA disagrees the rule prohibits minimum information entered when § 61.57(b)(1)). Night flight time, for other law enforcement pilots from being logging time in a pilot’s logbook. Under than the night currency purposes of permitted to log flight time. Section new § 61.51(k)(3), the required § 61.57(b)(1), may be logged when the 61.51(j)(4) allows logging of flight time information for logging NVG time are flight occurs during the nighttime if the pilot is engaged in official law the logbook entries under § 61.51(b). conditions as defined in § 1.1 of this enforcement duties in a public aircraft Under the revision, a pilot may log chapter (i.e., ‘‘Night’’ means the time under the direct operational control of NVG time using NVGs as the sole visual between the end of evening civil a Federal, State, county, or municipal reference of the surface in an operation twilight and the beginning of morning law enforcement agency. Public Law conducted in an aircraft at night (during civil twilight, as published in the 106–424 (November 1, 2000) provides, the period beginning one hour after American Air Almanac, converted to in pertinent part, that pilots of a sunset and ending one hour before local time). Federal, State, county, or municipal law sunrise) in flight. Alternatively, a pilot The essence of our changes is enforcement agency may log flight time may log NVG time in a flight simulator clarifying the rule’s intent and no for the purposes of meeting the or in a flight training device provided substantive changes are being made. aeronautical experience requirements the flight simulator or flight training Therefore, the FAA is adopting the for a certificate, rating or recent flight device’s lighting system has been revision to § 61.51(b)(3)(iv). experience under part 61 in limited adjusted to replicate the period cases. The stipulation is that the law beginning one hour after sunset and 30. This revision of § 61.57(c) amends enforcement pilot must be operating a ending one hour before sunrise. the instrument recent flight experience public aircraft, as defined under 49 Under new § 61.51(k)(2), the rule will tasks and iterations and allows use of U.S.C. 40102; the aircraft must be establish when an authorized instructor aviation training devices, flight identified as a category and class of may log NVG time. The instructor must simulators, and flight training devices aircraft listed under § 61.5(b); and the be conducting NVG training and must for maintaining instrument recent flight aircraft is being used in law be using NVG as the sole visual experience enforcement activities of a Federal, reference of the surface. The time must The FAA has decided to withdraw the State, county, or municipal law be in an aircraft operated at night in referenced proposal to amend the enforcement agency. flight, or in a flight simulator or flight instrument tasks for maintaining The FAA does not find that rule training device with the lighting system instrument currency because the language in § 61.51(j) conflicts with adjusted to represent the period proposed tasks were opposed by an § 61.52. The FAA has always made a beginning one hour after sunset and overwhelming majority of the distinction between the term ‘‘aircraft’’ ending one hour before sunrise. commenters. As a result of our decision and ‘‘ultralight vehicle.’’ Section As elsewhere in this final rule to withdraw this proposal, the 61.51(j) applies to an aircraft that is document, AOPA supported the general instrument tasks for maintaining identified as an aircraft under § 61.5(b). concept of defining and addressing NVG instrument currency under § 61.57(c) Section 61.52 applies to the use of operations, while deferring to NVG will remain as: aeronautical experience obtained in users on specific details of the proposed • Six instrument approaches. ‘‘ultralight vehicles.’’ provisions. Two commenters asserted • Holding procedures and tasks. As previously stated, the FAA has existing § 61.51(b) and § 61.57(a)(3) are • Intercepting and tracking courses further revised § 61.51(j)(1) to permit a adequate and only require adding through the use of navigational sport pilot to log flight time in light- phrase ‘‘while using night vision electronic systems. sport aircraft that hold either a standard goggles.’’ Two commenters asserted This final rule amends § 61.57(c) to or special airworthiness certificate. pilots conducting NVG operations allow use of aviation training devices Under § 61.51(j)(1), the rule permits should be permitted to log both NVG (ATD), flight simulators (FS), and flight pilots (including a holder of a sport time and night flight time. These training devices (FTD) for maintaining pilot certificate) to log flight time in an commenters believed a pilot’s instrument recent flight experience. aircraft of U.S. registry with either a peripheral vision is no different under Revising § 61.57(c) will further clarify standard or special airworthiness the two conditions and the same cockpit that a person who acts as pilot in certificate. Under § 61.51(j)(1), we have management skills are required for both command (PIC) under instrument flight further revised the rule to permit the NVG time and night flight time. rules (IFR) or weather conditions at less

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than the minimums prescribed for simulator or flight training device, and or simulation device is used to maintain visual flight rules (VFR) must look back three hours in a training device within currency, but that the currency period 6 calendar months from the month of the preceding six calendar months. cover the previous six months for the flight to determine whether the Under new § 61.57(c)(6), the final rule aircraft and two months for simulation instrument flight experience amends the instrument tasks and devices. requirements were met. iterations for maintaining instrument One commenter noted § 61.57(c)(4) In order to maintain instrument flight flight experience in a glider. The person and (5) allow pilots to use an ATD in experience in airplanes, powered-lifts, will be required to log instrument recent conjunction with the aircraft, FS, or helicopters, and airships, the revision flight experience, tasks, and iterations in FTD for instrument currency, but requires the pilot perform and log the his/her logbook to show eliminated the two month limitation as instrument flight experience in an accomplishment of this instrument long as certain requirements are met in airplane, powered-lift, helicopter, or training. The person will be required to the aircraft, FS, or FTD. The commenter airship appropriate to the category of use a view-limiting device when thought this could be more simply aircraft for the instrument rating performing this instrument recent flight accomplished by adding to § 61.57(c)(3) privileges the pilot desires to maintain. experience or be in actual instrument ‘‘or six months if one hour of instrument This instrument flight experience could meteorological conditions. time has been accomplished in an be completed in either actual Three commenters recommended aircraft, flight simulator, or flight instrument meteorological conditions changing the terminology used to training device.’’ (IMC) or under simulated instrument describe flight simulation devices. One commenter asserted that the conditions with use of a view-limiting Three commenters asserted the use of provisions are unlikely to be used device. basic aviation training devices (BATD) because a proficiency check can be Subject to certain limitations, a pilot and advanced aviation training devices accomplished in less time and at less may choose completing his/her (AATD) is expected to increase and cost in an AATD. One commenter instrument experience requirements in suggested the rule use this terminology. asserted the level of detail specified in an aircraft and/or through use of an FS, Two commenters asserted the the rule is more appropriate to practical FTD, or ATD. The simulation devices differing requirements for maintaining test standards (PTS) and argued that must be representative of the category of currency using aircraft or different instructors should have discretion over aircraft suitable for the instrument simulation devices are complex and specific maneuvers to be performed. rating privileges that the pilot desires to confusing. One commenter objected to a One commenter argued there is no maintain. minimum time requirement for evidence that pilots satisfying Under new § 61.57(c)(2), a person may maintaining currency using a simulation instrument currency requirements in use a flight simulator or flight training device, asserting that the amount of time aircraft or simulation devices are device exclusively by performing and necessary to complete the prescribed proficient to operate in IMC. Two logging at least three hours of tasks is sufficient. commenters generally objected to the instrument recent flight experience Eight commenters objected to the fact proposed requirements for maintaining within the six calendar months before that the requirements for maintaining instrument currency using a flight the month of the flight. currency using a simulation device are simulator, flight training device, or Under new § 61.57(c)(3), a person may greater than the requirements for aviation training device. One use an ATD exclusively by performing maintaining currency in an aircraft. commenter asserted that the proposed and logging at least three hours of Four commenters asserted training requirements increase the burden on instrument recent flight experience using a simulation device is at least as pilots without justification in the form within the two calendar months before valuable as training in an aircraft. Two of accident history or research. the month of the flight. We have commenters objected to the proposed Six commenters asserted steep turns deliberately established differences provisions permitting use of an ATD to should not be included in requirements between the use of an ATD, FS, and maintain currency. One commenter for maintaining instrument currency in flight training devices because use of an asserted that no data has been presented a flight simulation device, arguing that aviation training device to maintain showing that ATDs are effective in ATDs and flight training devices do not instrument recent flight experience is a maintaining proficiency. One accurately simulate the flight relatively new concept. The FAA wants commenter recommended the rule characteristics and control feel for steep to further evaluate its use before we require the tasks to be performed, but turns. The FAA acknowledges the allow use of ATDs equal to that of flight set no minimum training time comments received about this proposal. simulators and flight training devices. requirement. ALPA argued that a pilot The FAA is allowing different means to Under new § 61.57(c)(4), a person could maintain currency indefinitely by maintain instrument currency. The pilot could combine use of the aircraft and using an aviation training device for may use whatever method best suits his FS, FTD, and ATD to obtain instrument three hours every two months. ALPA or her needs to maintain instrument experience. When a pilot elects to recommended the proposed rule be currency by using the actual aircraft, combine use of an aircraft and supplemented with a requirement that flight simulator, flight training device, simulation device, we will require, instrument currency exercises be or aviation training device, or a under new § 61.57(c)(4), completion of performed in an aircraft or using a FS combination of all. one hour of instrument flight time in the or FTD within the previous eighteen One commenter objected to the aircraft and three hours in the FS, FTD, months. unusual attitude recovery parameters or ATD within the preceding 6 calendar One commenter recommended a prescribed by the proposed rule. The months. simpler set of requirements and an commenter noted that if the aircraft is Under new § 61.57(c)(5), a person may equivalency ratio, such as two at VNE and descending, it is still combine use of an FS or FTD flight approaches in a simulator being accelerating and will exceed VNE, thus training, and an ATD to obtain equivalent to one approach in an triggering a failure. Similarly, if an instrument recent flight experience. aircraft. Another commenter aircraft is at stall speed and ascending, When a pilot elects this combination, recommended the same requirements it is already stalling. The commenter we will require one hour in a flight apply regardless of whether an aircraft suggested the language of the practical

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test standards prescribing recovery from combination of all. Furthermore, the use conditions less than the minima unusual attitudes (both nose-high and of flight simulators and flight training prescribed for VFR. Revised § 61.57(d) nose-low) is preferable. Another devices has always been allowed for requires a pilot who has not complied commenter noted VNE is not an pilots to maintain their instrument with the instrument recent experience appropriate specification for all aircraft. currency so we are not making new requirement of § 61.57(c) within the We believe that instrument currency rules. ATDs are relatively new; yet the twelve calendar months preceding the tasks, involving unusual attitude FAA has determined that the month of the flight to complete an recovery parameters are for maintaining technological advancements of these instrument proficiency check to regain instrument currency and can be devices make their use for maintaining PIC instrument qualifications. The achieved in aviation training devices. instrument currency also possible. proficiency check will have to be We are not revising the instrument Regarding the comment on unusual performed in the aircraft category that is currency tasks in aircraft, flight attitude recovery parameters prescribed appropriate to the instrument privileges simulators, and flight training devices. by the proposed rule, we previously desired. The instrument proficiency The instrument currency tasks, answered this question this way: check consists of operation areas and involving unusual attitude recovery ‘‘Reference § 61.51(g)(3)(ii) and tasks listed for an instrument parameters are for maintaining § 61.57(c)(1); Provided the person is proficiency check in the practical test instrument currency in aviation training instrument current or is within the standards (PTS). devices, and the FAA believes this task second 6-calendar month period’’ (See As noted in our earlier discussion of is appropriate. § 61.57(d) for currency). A person would revised § 61.57(c), we will require a One commenter asserted that the not need a flight instructor or ground pilot to have performed and logged the requirements of proposed § 61.57(c)(4) instructor present when accomplishing instrument recent flight experience include all of the requirements of the approaches, holding, and course within the preceding six calendar § 61.57(c)(2) or (3), plus one hour of intercepting/tracking tasks of months preceding the month of the cross country time in the aircraft. In § 61.57(c)(1)(i), (ii), and (iii) in an flight in order to act as the PIC under other words, a pilot completing the approved flight training device or flight IFR or in weather conditions less than requirements of § 61.57(c)(4)(ii) will simulator. Only when a person is the minima prescribed for VFR. Under have already met the requirements of required to submit to an instrument revised § 61.57(d), if the pilot has not § 61.57(c)(2) or (3). The commenter proficiency check must a flight performed and logged the required argued that § 61.57(c)(4) is redundant instructor or ground instructor be instrument recent flight experience and should be eliminated. The same present. within the six calendar months commenter argued that proposed The rationale is that a person is not preceding the month of the flight, the § 61.57(c)(5) is redundant to required to have a flight instructor or pilot is given an additional six calendar § 61.57(c)(3) and should be eliminated. ground instructor present when months to perform and log the required Three commenters noted that the steep performing the approaches, holding, instrument recent flight experience. turns requirement has been removed and course intercepting/tracking tasks However, during this six-calendar from the instrument rating PTS. Fifteen in an aircraft. If the person is using a month period, the pilot may not act as commenters objected to the proposed view-limiting device (i.e., hood device) the PIC under IFR or in weather provision requiring use of a view- when performing the approaches, conditions less than the minima limiting device when using a flight holding, and course intercepting/ prescribed for VFR until the pilot has simulation device to maintain tracking tasks in an aircraft, only a performed and logged the required instrument currency, because such safety pilot is required to be present. If instrument recent flight experience of devices can be configured not to provide a person is performing approaches, revised § 61.57(c). If during this six- visual cues. The FAA acknowledges the holding, and course intercepting/ calendar month period, the pilot does comments received about this proposal. tracking tasks in an aircraft in IMC, it is not accomplish the required instrument We are not revising the instrument permissible to log the tasks without a recent flight experience, then he/she currency tasks. The FAA is allowing flight instructor being present. must perform an instrument proficiency different means to maintain instrument Therefore, a person who is instrument check to regain his/her instrument currency and the pilot may use the current or is within the second 6- currency. means best suited for his or her needs. calendar month period (See § 61.57(d) Two commenters generally supported The FAA also acknowledges the for currency) need not have a flight the proposed clarifications. One comments received on recommending instructor or ground instructor present commenter supported the use of the the rule use the terms ‘‘basic aviation when accomplishing the approaches, instrument rating PTS as a guide for the training devices’’ (BATD) and holding, and course intercepting/ proficiency check. One commenter ‘‘advanced aviation training devices’’ tracking tasks of § 61.57(c)(1)(i), (ii), and questioned whether the preamble (i.e., (AATD). The terms ‘‘basic aviation (iii) in an approved flight training proposal No. 31) is meant to indicate training device’’ (BATD) and ‘‘advanced device or flight simulator. proficiency checks may no longer be aviation training device’’ (AATD) as performed using a simulator or flight being aviation training devices (ATD) 31. This revision of § 61.57(d) clarifies training device, but may now only be are defined in AC 61–TD ‘‘FAA when a person must perform an performed in an aircraft. Approval of Basic Aviation Training instrument proficiency check to act as Two commenters were concerned that Devices and Advanced Aviation the PIC under IFR or in weather § 61.57(d) will be interpreted as Training Devices.’’ conditions less than the minima requiring an entire instrument rating The FAA is allowing different means prescribed for VFR practical exam to satisfy the instrument to maintain instrument currency. The This final rule amends § 61.57(d) to proficiency check requirements. One pilot may use whatever method best clarify when a person, who has not met commenter recommended the check suits his or her needs to maintain the instrument recent flight experience consist of tasks required by the instrument currency by using the actual of § 61.57(c), must perform an instrument practical test standards. One aircraft, flight simulator, flight training instrument proficiency check to act as commenter objected to the language device, aviation training device, or a the PIC under IFR or in weather requiring that an instrument proficiency

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check (IPC) requires an instrument of a flight training device or flight Four commenters objected to the rating practical test. The commenter simulator for NVG recency. Two proposed changes, arguing the existing argued that the requirement would limit commenters argued that the currency rule already prohibits submission of instructors’ discretion and that interval should be ninety days instead fraudulent or intentionally false data, completion of an IPC in aircraft lacking of two months to correspond with the and that the proposed rule will allow certain equipment would be difficult. existing night flight currency interval. the FAA to deny or revoke privileges for The revision to § 61.57(d) concerning The FAA acknowledges the comments an inadvertent inaccuracy. One the instrument proficiency check does received about this proposal. We are commenter also noted the proposed rule not prohibit the use of a flight simulator adopting the above revisions for the does not parallel § 67.403 because that or flight training device for performing final rule. section includes a requirement that the an IPC check, nor did the proposal in FAA rely on incorrect data. One the NPRM propose eliminating use of 33. This revision of § 61.57(g) commenter also asserted that the FS or FTDs for performing an IPC. An establishes a NVG proficiency check proposed rule could effectively FS or FTD may be used for requirement to act as PIC of a night invalidate existing regulatory accomplishing an IPC if the training vision goggle operation requirements for recording flight device is approved for performing an Revised § 61.57(g) establishes a experience. instrument proficiency check. The proficiency check to be PIC qualified for The FAA acknowledges the comments content of an instrument proficiency NVG operations. This revision also received on the proposal. We agree that check is addressed on page 16 of the establishes a proficiency check to regain trying to parallel the language of § 61.59 Instrument Rating Practical Test PIC qualifications for NVG operations and § 67.403 raises additional concerns. Standards. when the pilot’s NVG privileges have The implications of incorrect lapsed. information in the context of part 61 32. This revision of § 61.57(f) establishes certification are different than those in a recent flight experience requirement Revised § 61.57(g) will require a pilot who has not complied with the NVG the context of medical certification for acting as PIC in a night vision goggle under part 67. Therefore, existing operation operating experience requirement of revised § 61.57(f) to complete a NVG § 61.59 remains without change. Revised § 61.57(f) establishes as a proficiency check to regain PIC NVG recent flight experience requirement to 35. This revision of § 61.63 changes the remain PIC qualified for night vision qualifications. The proficiency check format and re-structures rule goggle (NVG) operations. To understand will have to be performed in the same This final rule simplifies the format ‘‘NVG operations,’’ it is necessary to aircraft category that is appropriate to and structure of § 61.63, and moves further clarify the term ‘‘flight.’’ the NVG operation desired. The paragraphs (e), (f), and (g) (addressing ‘‘Flight’’ means a takeoff and landing, proficiency check will consist of the usage and limitations of the flight with each landing involving a flight in tasks listed in revised § 61.31(k) and simulator and flight training device) to the traffic pattern. For example, a will be administered by an individual new § 61.64. This final rule also revises person who performs six takeoffs and listed under § 61.31(k). § 61.63(c)(3) to clarify applicability to landings, with each landing involving a American Eurocopter and HAI each those applicants holding only a lighter- flight in the traffic pattern, and uses supported the proposed requirement to than-air (LTA)-Balloon rating and who NVGs to maintain visual reference may restore lapsed NVG currency. The seek an LTA–Airship rating. Currently, log six ‘‘NVG operations.’’ commenters recommended that the word ‘‘only’’ does not appear in For a pilot to act as PIC using NVGs proficiency check requirements be set § 61.63(c)(3). with passengers on board, the pilot, forth in the PTS, with an interim This final rule has made minor within the preceding two calendar advisory circular (AC) issued because revisions to § 61.63(d) to clarify the months, will have to perform and the standards for NVG and non-NVG requirements for an additional type document the tasks under new § 61.57(f) maneuvers are the same. The rating and a type rating sought as the sole manipulator of the controls commenters also recommended concurrently with an additional aircraft during the time period beginning one proficiency checks be administered by a category and class rating. We have also hour after sunset and ending one hour qualified instructor, Examiner, or revised existing paragraph (h) in § 61.63 before sunrise. If the pilot has not inspector, as applicable under parts 61, and re-designated it as paragraph (e). performed and logged the tasks under 141 or 142, to an air carrier employee Furthermore, re-designated § 61.63(e) § 61.57(f), then the FAA will allow the in accordance with the carrier’s clarifies the pilot certification pilot an additional two calendar months approved training program, or to a procedures for aircraft used on a to perform and log the tasks under military check pilot. practical test for a type rating. Such § 61.57(f). However, the pilot will not be The FAA acknowledges the comments aircraft cannot be used for instrument allowed to carry passengers during this received on this proposal. The rule maneuvers and procedures for the second two-month period. If the pilot (§ 61.57(g)(1) through (6)) clearly issuance of a type rating with a VFR still has not performed and logged the establishes the qualifications of the limitation under these circumstances. NVG tasks in revised § 61.57(f) during person who can administer the NVG This final rule revises paragraph (i) in those additional two calendar months, proficiency check; therefore, the rule § 61.63 and re-designates it as § 61.63(f). then the pilot will be required to pass does not need further clarification. This re-designated § 61.63(f) clarifies a NVG proficiency check to act as PIC that an applicant for a type rating in a 34. This proposed change to § 61.59 using night vision goggles. multiengine airplane with a single-pilot would have paralleled this section with Two commenters asserted existing station must perform the practical test the language contained in § 67.403 §§ 61.51(b) and 61.57(b) are adequate to in the multi-pilot seat version of that address logging and recency of NVG We had proposed to revise § 61.59 to multiengine airplane. Alternatively, the time, and this rule only requires adding parallel it with the existing § 67.403. practical test may be performed in the ‘‘while using night vision goggles.’’ The However, we have reconsidered this single-seat version of that airplane if the commenters further argued existing proposal and the existing § 61.59 will Examiner can observe the applicant § 61.57(a)(3) is adequate to address use remain without change. during the practical test when there is

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no multi-seat version of the multiengine and impose significant burdens and 36. Establishes a new § 61.64 to address airplane. This revision parallels the costs without any corresponding the use and limitations of flight same requirements in revised benefit. Another commenter simulators and flight training devices § 61.157(h) (existing § 61.157(k)) for a recommended the proposed changes to This final rule adds a new § 61.64 to type rating in a multiengine airplane § 61.63 and new § 61.64 be withdrawn. incorporate the use and limitations of with single-pilot station. Two commenters observed that under flight simulators (FS) and flight training This final rule revises existing proposed § 61.63(d), an applicant for a devices (FTD) into this one rule. These paragraph (j) of § 61.63 and re- type rating is not required to requirements were previously found in designates it as § 61.63(g). Re-designated successfully complete an FAA approved § 61.63(e), (f), and (g) (for other than § 61.63(g) clarifies that an applicant for or accepted training program but need ATP certification) and § 61.157(g), (h), a type rating, at other than airline only acquire an endorsement from an and (i) (for ATP certification). The transport pilot (ATP) certification level, appropriately rated flight instructor. for a single engine airplane with a purpose of these changes is to clarify They recommended the FAA require the single-pilot station must perform the and simplify § 61.63 and § 61.157 and use of an FAA approved or accepted practical test in the multi-pilot seat place all use and limitation training program. Eclipse Aviation version of that single engine airplane. requirements for simulation devices into suggested an authorized instructor be Alternatively, the practical test may be new § 61.64. defined as ‘‘a person or air agency performed in the single-seat version of New § 61.64(a) through (f) will clarify approved by the Administrator to that airplane if the Examiner is in a when an applicant may use an FS or position to observe the applicant during conduct type rating training in that FTD for all training, when an applicant the practical test in the case where there make and model of aircraft.’’ may use a FS for all of the required is no multi-seat version of that single Training time and iteration practical test, when the supervising engine airplane. This revision parallels requirements relate to the training time operating experience limitation on an requirements under new § 61.157(i) and iteration requirements listed in applicant’s pilot certificate is required, (existing § 61.157(l)) for a type rating in § 61.109 and § 61.129. For example, for and when the supervised operating a single engine airplane with single- the airplane single engine land rating at experience limitation may be removed. pilot station at the ATP certification the private pilot certification level, it New § 61.64(a) will allow an level. requires three hours of cross country applicant to use a flight simulator for all Revised § 61.63(i) permits an flying in a single engine airplane (See training and the practical test for the Examiner who conducts a practical test § 61.109(a)(1)) and one cross country airplane category, class, or type rating, for an additional aircraft rating under flight of over 100 nautical miles in total provided the flight simulator and the this section to waive any of the tasks for distance (See § 61.109(a)(2)(i)). Under applicant meet specific qualifications which the FAA has approved waiver § 61.63(c)(3), the applicant is not under new § 61.64(a)(1) through (3). authority. This revision parallels the required to meet the training time and New § 61.64(b) allows an applicant for revised requirements of § 61.157(j) iterations requirements under this part the airplane category, class, or type (existing § 61.157(m)) at the ATP that apply to the pilot certificate for the rating to use a flight training device for certification level. aircraft class rating sought Otherwise, training only if the flight training device Two commenters agreed the FAA the intent of § 61.63(c)(3) is for the flight meets the specific qualifications under should make changes to § 61.63, but instructor to make the decision on the new § 61.64(b)(1) through (4). The rule asserted the proposed changes to § 61.63 amount ‘‘training time’’ and number of further clarifies that a flight training and new § 61.64 offer no improvement. ‘‘iterations’’ required for the applicant to device may not be used for any portion One commenter questioned whether be adequately trained and be able to of the practical test. safety would be enhanced by the pass the practical test. New § 61.64(c) allows an applicant to proposed changes. Another commenter use a flight simulator for all of the The FAA has reviewed the proposed objected to the proposed changes to training and the practical test for the § 61.63 and the creation of § 61.64, changes to § 61.63 and § 61.64, and we helicopter class or type rating, provided asserting that the proposed rules have not found evidence that the the flight simulator and the applicant eliminate ways for an applicant to changes will have a significant and meet the specific qualifications under qualify for all-simulator training. The detrimental impact on the use of flight new § 61.64(c)(1) and (2). commenter questioned the elimination simulators and the flight training New § 61.64(d) allows an applicant of the provisions in question and industry. We intend only to further for the helicopter class or type rating to requests justification in the form of clarify the existing rule. In reviewing use an FTD for training only if the safety data indicating a danger posed by § 61.63(d), and old § 61.63(d), there is device meets specific qualifications pilots using the existing provisions. no requirement for an applicant to under new § 61.64(d)(1) through (4). The One commenter requested complete an FAA approved or accepted rule further clarifies that an FTD may clarification of the new phrase ‘‘training training program and there never has not be used for any portion of the time and iteration requirements’’ in been such a requirement. As for practical test. § 61.63(c)(3). The commenter stated this defining an ‘‘authorized instructor,’’ it New § 61.64 (e) states an applicant language does not clearly convey that has already been done in § 61.1(b) and may use an FS for all training and the candidates seeking an additional class the privileges and limitations of a flight practical test for the powered-lift rating are excused from certain instructor are listed in existing § 61.193 category or type rating, provided the requirements. One commenter asserted and § 61.195. applicant and FS meet specific that the proposed changes to § 61.63 and The FAA has reviewed the changes to qualifications under new § 61.64(e)(1) new § 61.64 would have a significant § 61.63 and § 61.64, and we have not and (2). and detrimental impact on the use of found that the changes will eliminate New § 61.64(f) allows an applicant for flight simulators and the flight training ways for an applicant to qualify for all- the powered-lift category or type rating industry and the proposed changes in simulator training. For the reasons to use a flight training device for new § 61.64 go beyond merely moving stated, we are adopting the revision as training only if the device meets specific and simplifying existing requirements proposed in the NPRM. qualifications under new § 61.64(f)(1)

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through (4). The rule will further clarify Two commenters noted that under aircraft for which there is no Level C or that a flight training device may not be existing § 61.63 and § 61.157, a rating better simulator. used for any portion of the practical test. applicant failing to meet requirements Flight Safety International As a result of existing language in for an exception has an option of recommended that if the practical test is existing paragraphs (e), (f), and (g) of completing certain parts of the practical given in a simulator or flight training § 61.63 and paragraphs (g), (h), and (i) test in an aircraft (rather than a device qualified and approved at less of § 61.157, there is confusion as to simulator or flight training device), or than Level C, the appropriate practical whether an applicant could complete all receiving a rating with supervised test standards be used to determine training and testing for a type rating in operating experience limitations. The which events may be credited; any a simulator when there is a supervised commenters objected to the provisions events not approved for the simulator or operating experience limitation on the of the proposed rule that would require flight training device would need to be applicant’s pilot certificate for that both performance of certain tasks in an accomplished in the aircraft. One aircraft type rating. New § 61.64(a)(2)(i), aircraft and issuance of a rating with commenter objected to the requirement (c)(2)(i), and (e)(2)(i) will specify that a supervised operating experience that a minimum of a Level 5 flight type rating cannot contain the limitations. Two commenters objected training device be used if a flight supervised operating experience to the proposed changes to § 61.63 and training device is used for the practical limitation (i.e., ‘‘This certificate is the creation of § 61.64, asserting that the test. The commenter asserted that this subject to pilot in command limitations proposed rules eliminate ways for an requirement is unnecessarily restrictive for the additional rating’’) for an applicant to qualify for all-simulator and not supported by the PTS or other applicant to use a flight simulator for all training and testing. FAA rules or guidance. training and testing for a type rating. A One commenter objected to the Regarding the proposed requirement flight simulator may be used for some of proposed provisions requiring that one that a minimum of a Level C flight the required training and testing for a of a number of prerequisites be met if simulator or Level 5 flight training type rating, but not ‘‘all.’’ The training any portion of the practical test for a device be used for the practical test for and testing permitted in a flight turbojet or turboprop airplane rating is a rating, a commenter asserted that the simulator depends on what the flight to be performed in a simulator. The lowest level of flight simulator or flight simulator is approved for and is in commenter asserted that the existing training device qualified and approved accordance with new § 61.64(a)(4)(i) and rules only require one of the for training in a particular task should (b), (c)(3)(i) and (d), or (e)(3)(i) or (f), as prerequisites if all training and checking appropriate for the category of aircraft be acceptable. If necessary, training or is to be done in a simulator. Flight and type rating sought. testing performed with lower level Safety International said proposed New § 61.64(a)(1)(iii), (c)(1)(iii), and simulators could trigger additional § 61.64 calls for a logbook endorsement (e)(1)(iii) establishes that at minimum a experience requirements or removing the supervised operating Level C flight simulator is required if an requirements to perform certain experience limitation. If so, a pilot must applicant wishes to use a flight maneuvers in the aircraft, or result in present his/her logbook containing the simulator on a practical test for an the issuance of a rating with limitations. endorsement to show that the limitation aircraft rating. New § 61.64(a)(1)(iv), Three commenters opposed the is removed, the endorsement is (c)(1)(iv), and (e)(1)(iv) will establish proposed requirement that a minimum unnecessary. that at minimum a Level A flight of a Level C flight simulator be used for One commenter asserted the proposed simulator is required for an applicant to the practical test for a rating. Flight changes to § 61.63 and § 61.157 and use a flight simulator for training. Safety International recommended a creation of § 61.64 conflicts with other Two commenters argued proposed Level C simulator be required only if the existing guidance, such as appendices E § 61.64 is unclear as to intent or entire practical test is performed in the and F to part 121, the appendices of the purpose, and there is no indication how simulator. One commenter asserted that PTS, and the General Aviation the proposed rules would improve requiring a Level C simulator for a Operations Inspector’s Handbook. safety. One commenter expressed practical test conflicts with guidance One commenter asserted that pilots uncertainty over the level of pilot contained in FAA–S–8081–5E, Practical should be permitted to credit certificate affected by the proposed Test Standards. The commenter also multiengine turbojet experience toward section. One commenter asserted that questioned whether simulators not a single engine turbojet type rating for the proposed changes to § 61.63 and meeting at least Level C requirements purposes of proposed § 61.64. new § 61.64 would have a significant may be used for evaluations similar to Five commenters were confused and detrimental impact on the use of practical tests, such as proficiency whether pilots must meet one or more flight simulators and the flight training checks or single pilot exemption than one of the criteria set forth in industry. A commenter recommended evaluations that consist of Practical Test proposed § 61.64(a)(2) and the proposed changes to § 61.63 and Standards (PTS) maneuvers. Two recommended the section be revised to new § 61.64 be withdrawn, and the text commenters asserted the inability to use make clear that pilots must meet only of the existing rules be maintained. simulators not meeting Level C one of the requirements. Flight Safety One person asserted the minimum requirements will require more pilots to International recommended proposed hour requirements for type rating take practical tests in aircraft. The § 61.64(a)(2)(ii) and (a)(3)(ii) use applicants set forth in the proposed commenters stated this will negatively language currently found in § 61.63 and § 61.64(a)(2) are higher than necessary impact safety by requiring low altitude § 61.157 requiring pilots complete at to ensure safety and will deter maneuvering, and by eliminating the least 1,000 hours of flight time in two advancement of aviation careers. One ability to simulate malfunctions such as or more different airplanes requiring commenter argued existing §§ 61.63 and engine fires and electrical malfunctions. type ratings. 61.157 are clear that a flight simulator One commenter noted that Level A Nine commenters noted that under or flight training device can be used to simulators have been widely used in the existing § 61.63 and § 61.157, a rating complete all training and testing for the past, and that if no longer permitted to applicant failing to meet requirements issuance of a rating without limitations be used costs will increase by 15%. Two for an exception has an option of and the proposed rule is not. commenters noted there are some completing certain parts of the practical

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test in an aircraft, rather than in a of flight simulators and flight training and flight training devices into § 61.64. simulator or flight training device, or devices for the airplane, helicopter, and No substantive changes have been receiving a rating with supervised powered-lift ratings for all the pilot made. operating experience limitations. The certification levels (i.e., private, In the previous version of commenters believed the economic commercial, and ATP certification § 61.63(e)(7), (8), and (9); (f)(7), (8), and impact of the proposed rule would be levels). Prior to establishing this § 61.64, (9); and (g)(7), (8), and (9) (and old severe. the use of flight simulators and flight § 61.157(g), (h), and (i)), the regulations One commenter asserted that the FAA training devices for the airplane, provided that an applicant who failed to and training organizations lack helicopter, and powered-lift ratings at meet certain requirements could sufficient manpower to administer the the private and commercial pilot complete certain parts of the practical number of practical exams in the aircraft certification levels were located in old test in an aircraft, rather than a that the proposed rule would require. § 61.63. For the ATP certification level, simulator or flight training device, or This commenter recommended that it was in the old § 61.157. Now, the use receiving a rating with supervised instead of requiring performance of of flight simulators and flight training operating experience limitations. This maneuvers in an aircraft, the FAA devices for all the pilot certification option is also provided in § 61.64 (See increase supervised operating levels are combined into new § 61.64. § 61.64(a)(4), (c)(3), and (e)(3). experience limitations or require line We do not find any evidence that The establishment of this rule merely oriented flight testing (LOFT) scenarios combining the use of flight simulators consolidates the use of flight simulators in training. and flight training devices for the and flight training devices into § 61.64. Three commenters objected to the airplane, helicopter, and powered-lift No substantive changes have been elimination of the possibility of a fifteen ratings for all the pilot certification made. hour supervised operating experience levels into § 61.64 will have a The FAA established for this final limitation. Two additional commenters significant and detrimental impact on rule twenty-five hours as the standard recommended that the endorsement the use of flight simulators and the for supervised operating experience removing a supervised operating flight training industry. The FAA has (SOE) because we have determined that experience limitation be by a person, not increased the minimum hour amount of SOE is appropriate for designated by the Administrator, requirements for a type rating by having ensuring pilot’s qualifications. If a familiar with the airplane and the consolidated the use of flight simulators person desires to be issued a type rating program under which the supervised and flight training devices into § 61.64. without the supervised operating operating experience was conducted. Section 61.64(a)(4), (c)(3), and (e)(3), experience, then that applicant has the Eclipse Aviation suggested such a is the area of the rule that addresses option to complete the training and person could be the manufacturer or a what tasks must be performed in the testing in the actual aircraft. The training center conducting training in actual aircraft and the provisions that endorsements required for removal of the airplane. Two commenters require it. The purpose of the change is the SOE limitation must be from the recommended the supervised operating to further clarify the intent of the rule supervising PIC and Examiner. experience (SOE) requirement be event and no substantive changes have been Under the old § 61.63 and § 61.157, based, covering a range of operating made. In reviewing the proposed the regulations also required the conditions and procedures that a pilot is changes to § 61.63 and § 61.157 and minimum level of flight simulator be a likely to see in actual service. Two creation of § 61.64 we did not see a Level C. There is no change to this in commenters recommended a PIC conflict with other existing guidance, § 61.64. The requirement for use of a observing SOE be qualified and trained such as Appendices E and F to part 121, Level C flight simulator in new § 61.64 as an evaluator by the manufacturer or the appendices of the PTS, and the is nearly identical in content and other facility, and hold a designation by General Aviation Operations Inspector’s substance to old § 61.63(e)(4)(i) and old the Administrator. Eclipse Aviation Handbook. § 61.157(g)(3)(i). The establishment of asserted that the proposed provisions The endorsement requirement for this rule merely consolidates the use of are insufficient to ensure that SOE will removing the SOE limitation is to flight simulators and flight training be applicable and effective for all ensure accomplishment of the required devices into § 61.64. No substantive operators of its very light jet airplanes. supervised operating experience. We changes were made. Two commenters noted that under the believe the endorsement requirement The requirement that a minimum of a proposed rule, a pilot with a turbojet received from both the supervising PIC Level 5 flight training device be used if type rating for an airplane requiring a and an Examiner will insure that a flight training device is used for the two-pilot crew may obtain a single pilot supervising operating experience was practical test conforms with existing type rating without limitations with no completed. FAA policy. We proposed the use of a single pilot turbojet PIC experience and As for what portion of § 61.64 applies Level 5 flight training device in the virtually no turbojet PIC experience. to an applicant, the answer depends on NPRM and this final rule does not The commenters recommended a pilot the specifics of the applicant’s change the requirement for use of a should be required to have 25 hours of aeronautical experience and the rating Level 5 flight training device. turbojet PIC time to obtain a type rating being applied for. Section 61.64(a)(2) The requirement that a minimum of a without limitations. establishes the requirements for a type Level A flight simulator be used for One commenter opposed the rating in a turbojet airplane and what training also conforms with existing proposed requirement of the aeronautical experience FAA policy. The commenter’s request to § 61.64(a)(1)(iv) that a minimum of a requirements are for that applicant to be address credit for use of flight Level A flight simulator be used for able to use a flight simulator. We have simulators and flight training devices in training for a rating. The commenter reviewed § 61.64 and find that this rule the PTS is beyond the scope of this final recommended the PTS address credit does not eliminate commonly used rule. for the use of simulators and flight ways for an applicant to qualify for all- The FAA has reviewed § 61.64(b)(3) training devices. simulator training and testing. The and finds there is not a conflict between As stated in the NPRM and this establishment of this rule merely the rule, the PTS appendix, and FAA preamble, § 61.64 consolidates the use consolidates the use of flight simulators Order 8400.10 (now FAA Order 8900.1).

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Upon review of all the comments, the The purpose of our rule change is to up to 10 hours of BATD or twenty hours FAA has found that the rule as proposed parallel ICAO standards, so that U.S. of AATD training may be credited in the NPRM is appropriate and has pilot certification conforms to toward an instrument rating, and been adopted in the final rule. international civil aviation standards. recommended this continue to be the The FAA believes it is in U.S. aviation’s case. Two commenters recommended 37. This revision of § 61.65(d), (e), and best interest, where possible, to meet requirements for PCATDs include (f) requires at least 10 hours of cross our ICAO responsibilities and requirements that they be used in areas country time as pilot in command to be requirements and to have recognition of free of audible distraction or that in the category of aircraft appropriate to our instrument rating by other ICAO headsets be used. the instrument rating sought member States. Therefore, the FAA is Seven commenters objected to the This final rule revises § 61.65 to adopting the revision as it was proposed proposed provision requiring use of a conform the FAA’s instrument rating in the NPRM. view-limiting device when using a flight cross country time requirements as pilot simulation device to train for an in command (PIC) with the 38. This revision of § 61.65 adds a new instrument rating, because such devices corresponding International Civil paragraph (h) to allow 10 hours of the can be configured not to provide visual Aviation Organization (ICAO) instrument training to be performed in cues. One commenter suggested the rule requirements. Revised § 61.65(d) an aviation training device (ATD) instead require that any device used be addresses the aeronautical experience This final rule revises § 61.65 by so configured. The Greater St. Louis and training for the instrument-airplane adding a new paragraph (h) to allow ten Flight Instructor Association opposed rating. Revised § 61.65(e) addresses the hours of instrument training for the the proposed amendment to permit aeronautical experience and training for instrument rating to be performed on an PCATDs to be used for ten hours of the instrument-helicopter rating. ATD. The instrument training may be instrument training, as well as the use Revised § 61.65(f) will address the given by the holder of a ground of a ground instructor for this training, aeronautical experience and training for instructor certificate with an instrument arguing that the proposed requirements the instrument-powered-lift rating. For rating or by a holder of a flight inadequately prepare pilots for flight in example, ICAO Annex 1, paragraph instructor certificate with an instrument IMC and sacrifice safety in exchange for 2.10.1.2.2 requires an applicant to log at rating appropriate to the instrument lower costs. The association further least ten hours of cross country time as rating sought. The ten hours of asserted that there is a significant PIC in a helicopter for an instrument- instrument training in an ATD will be accident rate among newly instrument- helicopter rating. Currently, included in the twenty hours of rated pilots. The association § 61.65(d)(1) requires at least fifty hours instrument training allowed to be recommended three hours of actual IMC of cross country flight time as pilot in performed in a flight simulator or a experience be required for an command and at least ten of those hours flight training device under revised instrument rating. must be in airplanes for an instrument- § 61.65(e). The FAA has replaced the term airplane rating. The section does not For an ATD to be used for instrument ‘‘PCATD’’ (personal computer aviation account for the instrument-helicopter training under revised § 61.65, the ATD training device) with the term ‘‘aviation rating or the instrument-powered-lift instrument training, and instrument training device.’’ As previously rating. tasks will have to be approved by the discussed, the definition of the term Four commenters supported the FAA. The instrument training on an ‘‘aviation training device’’ will be proposed provisions clarifying the ATD will have to be provided by an defined in AC 61–TD ‘‘FAA Approval of minimum cross country experience in a authorized instructor. In order to receive Basic Aviation Training Devices and category necessary for an instrument the maximum ten hours of credit in an Advanced Aviation Training Devices.’’ rating. The Greater St. Louis Flight ATD, the person may not have logged We have determined the use of view- Instructor Association asserted that and been credited for more than ten limiting devices for maintaining there is a correlation between lack of hours of instrument training in a flight instrument recurrency in aviation cross country experience and accidents. simulator (FS) or FTD. A view-limiting training devices is necessary for Four commenters opposed the device will be required to be worn by ensuring better transferability of proposed provisions. One commenter the applicant when logging instrument instrument skills and abilities between objected to ‘‘selective adherence to training in the ATD. The instrument aviation training devices and the actual ICAO requirements,’’ asserting that training and instrument tasks that may aircraft. The FAA agrees that the use of ICAO requirements should be followed be approved for performance on an ATD an aviation training device should be wherever possible and not be selectively will be listed in revised § 61.65(f). used in areas free of audible distraction applied to specific types of certificates The FAA specifically requested or that headsets should be used, but or ratings. Four commenters supported comments on whether, and to what does not believe that a rule is necessary. the proposed provisions clarifying the extent, we should allow use of an ATD The FAA will approve and authorize the minimum cross country experience in a for providing instrument training for the use of aviation training devices, and to category necessary for an instrument instrument rating. Four commenters those ends, we are developing an rating. Two commenters, including supported the proposed provisions Advisory Circular and making changes AOPA, asserted the cost of obtaining ten permitting use of a personal computer- to FAA Order 8900.1 to provide this hours cross country experience in a based aviation training device (PCATD) information. helicopter is burdensome. Two for up to ten hours of training toward an For years, we have permitted the use commenters stated cross country instrument rating. of flight simulators and flight training experience obtained in any aircraft type One commenter questioned the devices for instrument training and for is valuable, because the principles of proposed provision, asserting that use on instrument rating practical tests. navigation are the same regardless of PCATDs are no longer widely used. Allowing ten hours of instrument aircraft category. In response to AOPA’s Three commenters suggested the rule training to be performed in aviation concern, they recommended a required refer to basic aviation training devices training devices is a continuation by the minimum of fifty hours of cross country (BATD) and advanced aviation training flight training community and FAA of PIC in any aircraft category. devices (AATD). AOPA noted currently this policy of accepting simulation for

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use in aviation training. Furthermore, ‘‘military competency’’ aeronautical their knowledge of civilian flight allowing ten hours of instrument knowledge test. It also adds a new operations. This person also argued that training to be performed in an aviation § 61.73(b)(3) changing pilot status for aircraft used for military training differs training device conforms to existing qualifying for a pilot certificate and significantly from those used for civilian FAA policy adopted in Advisory ratings under these special rules from training, and training maneuvers are Circular 61–126 and FAA Order 8900.1 ‘‘pilot in command’’ to pilot in the U.S. different. (See FAA Order 8900.1, Volume 5, Armed Forces. The U.S. military’s pilot Chapter 2, Section 9, page 9, paragraph qualification and flight time recording One commenter asserted that under 5–446 E). documents and procedures have the existing regulations, a military pilot changed since the initial establishment may receive an unrestricted commercial 39. This revision of § 61.69(a)(4) corrects of § 61.73. The U.S. Armed Forces no pilot certificate with airplane a typographical error in the rule longer issues pilot in command orders multiengine land and instrument This final rule corrects a to its graduates who complete its airplane ratings without ever having sat typographical error in which the word Undergraduate Pilot Training Course. in a twin-engine reciprocating engine ‘‘or’’ was erroneously deleted from PIC status occurs when military pilots aircraft. Two commenters recommended § 61.69(a)(4) during the writing of the report to their permanent duty military navigators be permitted to ‘‘Certification of Aircraft and Airmen for assignment and complete additional apply for civilian navigator certificates, the Operation of Light-Sport Aircraft’’ unit checkouts. However, the FAA has just as military pilots are permitted to Final Rule (See 69 FR 44866; July 27, determined that the end-of-course test apply for civilian pilot certificates. 2004). This revision has re-inserted the for graduation from a current U.S. The change to this rule does not word ‘‘or’’ and made a minor military Undergraduate Pilot Training eliminate the recency of experience grammatical revision to paragraph (a)(4). Course is similar in scope and content as the PIC order was for military pilots requirement for exercising a pilot 40. This revision of § 61.69(a)(6) amends when § 61.73 was initially established. certificate. The rules addressing recency the recent flight experience for tow This final rule adds a new § 61.73(c) of experience are addressed in § 61.56 pilots by increasing the time allowed for to establish that a foreign military pilot and § 61.57. The change in § 61.73 only achieving the required currency to 24 of the Armed Forces of a contracting revises and clarifies the issuance of the calendar months State to the Convention on International commercial pilot certificate and ratings This final rule amends § 61.69(a)(6) Civil Aviation who has been assigned to current and former U.S. military for persons who serve as tow pilots for pilot duties (for other than for flight pilots. glider towing operations by increasing training) with the U.S. Armed Forces We do not disagree with the the time limits for when a pilot must may also apply for a U.S. commercial commenter’s comment that a military have completed the required recent pilot certificate with comparable ratings pilot may receive an unrestricted flight experience from twelve to twenty- just like U.S. military pilots can. They commercial pilot certificate with four calendar months. This revision will no longer be required to first hold airplane multiengine land and responds favorably to an assertion by a civil pilot license from their the Soaring Safety Foundation that the contracting State’s civil aviation instrument airplane ratings without ever existing time limits for recent flight authority. The FAA finds there is no having sat in a general aviation twin experience may be unnecessarily safety reason for the existing engine reciprocating engine airplane. onerous and cannot be supported by any requirement and foreign military pilots However, there is a definite distinction accident statistics. who are assigned to U.S. military units between holding a pilot certificate and Four commenters supported the should be afforded the opportunity to be ratings versus exercising the privileges proposal. The FAA is adopting the issued U.S. commercial pilot certificates of that pilot certificate. If a military pilot revision as proposed in the NPRM. and ratings appropriate to their military who received all of his/her training in pilot qualifications. a military twin-engine turbojet powered 41. This revision of § 61.73 amends This final rule revises § 61.73(f) and airplane, then it would be expected that certain special rules affecting U.S. re-designates it as paragraph (e). The military pilots and former U.S. military pilot would receive specific training in purpose of this revision is to further a general aviation twin-engine pilots who apply for FAA pilot clarify that a military pilot may qualify certification reciprocating engine airplane before for a type rating to be added to a pilot exercising the privileges of his/her pilot This final rule deletes the § 61.73(b) certificate provided there is a certificate. We have assumed that if a requirement that current and former comparable civilian type designation of civilian pilot were to receive all of his/ pilots of the U.S. Armed Forces must be that military aircraft. her training in one specific make and on active flying status within the past Three commenters objected to the twelve months to qualify for a pilot elimination of the recency of experience model of twin-engine reciprocating certificate and rating under these special requirement for military pilots seeking a engine airplane and then attempted to rules. Under our revision, U.S. military civilian pilot certificate. One commenter fly another make and model of twin- pilots and former U.S. military pilots asserted that many military pilots are engine reciprocating engine airplane, may qualify for their civilian pilot not on active status. Two commenters that pilot would also receive training in certificate and ratings on the basis of argued there is no safety data justifying that other specific make and model of their past qualifications as a U.S. the change and suggested that pilots airplane before exercising the privileges military pilot, completion of the more than twelve calendar months of their pilot certificate. This goes to the military competency aeronautical separated from active flight status be essence of rulemaking on the knowledge test, and accomplishment of required to take a knowledge establishment of standardized and safe a flight review under existing § 61.57. examination and practical examination operating practices. The FAA is This final rule adds a new and the examination be self-endorsing. adopting the revision as it was proposed § 61.73(b)(2) to clarify that the One commenter asserted that military in the NPRM. aeronautical knowledge test that pilots may be overconfident and military pilots are required to take is the unwilling to recognize shortcomings in

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42. This revision of § 61.73(g) instructor pilot training course. There • The training and certification rules establishes a new privilege and was troublesome language in the in part 61 that govern recreational, procedures for issuing flight instructor proposed rule (i.e., § 61.73(g)(3)(iv)) private, and commercial pilot certificates and ratings to current and with the words ‘‘graduated’’ and certification, applicable to the aircraft former U.S. military instructor pilots ‘‘school.’’ In the U.S. Air Force, Navy, category for which flight instructor and examiners Marine Corps, and Coast Guard, the privileges are sought; and • The training and certification rules This final rule adds § 61.73(g) official training location for instructor in part 61 that govern the aeronautical establishing a new privilege and pilot training is at the command level or knowledge areas for the instrument procedure for issuing flight instructor local unit level. This is different than rating applicable to the category for certificates and ratings to current and how the U.S. Army qualifies its which instrument flight instructor former U.S. military instructor pilots instructor pilots and military pilot examiners where the official privileges are sought. and military pilot examiners who can As previously discussed, showing a show official U.S. military qualification training is all conducted at Ft. Rucker, Alabama. The Air Force, current flight instructor certificate will documentation of being or having been suffice for the aeronautical knowledge designated a military instructor pilot or Navy, Marine Corps, and Coast Guard official instructor pilot and military test report. Additionally, a current or military pilot examiner in the U.S. former U.S. military instructor pilot or Armed Forces. pilot examiner training courses are performed at numerous locations military pilot examiner is required to The awarding of flight instructor show the documentation described in certificates and ratings, under § 61.73(g), throughout the United States and the world where units are located. revised § 61.73(g)(3) to an FAA Aviation to current and former U.S. military pilot Safety Inspector, FAA Aviation Safety examiners is added to correct an Additionally, we have consolidated the proposed § 61.73(g)(3)(ii) and (iii) into Technician, or an authorized Examiner oversight in the NPRM. We are (i.e., an Examiner authorized to issue correcting this mistake in this final rule paragraph (ii) because both paragraphs read nearly identical. the flight instructor certificate and and adding U.S. military pilot rating(s) to U.S. military instructor examiners to this privilege. All current The FAA has decided that where a current or former U.S. military pilots or U.S. military pilot examiners). and former U.S. military pilot examiners Thirty-seven commenters questioned instructor pilot or U.S. military pilot will have, or are, qualified as U.S. the documentation requirements for examiner already holds an FAA flight military instructor pilots. The addition issuance of a certificate under the of current and former U.S. military pilot instructor certificate, they do not have proposed provision. The commenters examiners are more for clarification to undergo another knowledge test as objected to the requirement of a purposes than for any other reason. required by § 61.73(g)(3)(i) because they certificate of graduation from a formal Additionally, we have further revised already possess a flight instructor training course, because such § 61.197(a)(2)(iv) by providing an certificate. certificates are not uniformly issued, or alternative procedure for current U.S. The U.S. Department of Labor has a may be lost or discarded. These military instructor pilots and current program that encourages governmental commenters recommended accepting U.S. military pilot examiners who hold agencies to recognize U.S. military other documentation of graduation from FAA flight instructor certificates to training and qualification. For years, the a instructor pilot training school, such renew their flight instructor certificate FAA has recognized the training and as the Department of Defense Form-214, and ratings. This provision will require qualifications of U.S. military pilots and which is standardized across all current U.S. military instructor pilots has issued FAA commercial pilot branches, Air Force Form 5 or Air Force and current U.S. military pilot certificates, instrument ratings, and type Form 8, output from the U.S. Air Force examiners to have completed an official ratings to U.S. military rated pilots who Aviation Management Resource System, U.S. Armed Forces military instructor graduate from a U.S. Armed Forces U.S. Navy check form 3760, a Navy pilot or military pilot examiner undergraduate pilot training school or aviator logbook, or a grade book. Three proficiency check within the preceding rating qualification course. The FAA is commenters recommended that the twelve calendar months as an now establishing a procedure to issue provision apply to former instructor alternative method for renewing their flight instructor certificates and ratings pilots and current instructor pilots by flight instructor certificate and ratings. to current and former U.S. military using language parallel to paragraphs (b) The reason this provision is being instructor pilots and military pilot and (d). One commenter recommended offered only to current U.S. military examiners who have completed an that instructor pilots be permitted to instructor pilots and current U.S. instructor pilot or military pilot apply for a civilian instructor certificate military pilot examiners is because examiner course of the U.S. Armed for a period of 12 months after former U.S. military instructor pilots Forces. To be issued the appropriate separation from service. and military pilot examiners who have flight instructor certificate and ratings, a Sixteen commenters objected to the left the military over twelve calendar military instructor pilot or military pilot proposed provision. Two commenters months ago would not be able to show examiner will have to pass the asserted that, because of the impact they having completed an official U.S. aeronautical knowledge test in areas may have on their students, the criteria Armed Forces military instructor pilot detailed under § 61.185(a). for receiving an instructor certificate or military pilot examiner proficiency This will mean that the applicant will should be rigorous and stringently check within the preceding twelve have to pass the appropriate knowledge enforced. Two commenters asserted that calendar months. tests that cover the aeronautical any cost savings resulting from the The FAA has made additional knowledge areas on: proposal do not outweigh the potential clarifying and editing changes to • Fundamentals of instructing, sacrifice of safety. One commenter § 61.73(g)(3) which address the including the learning process, elements asserted that an influx of former military acceptable documents required to show of effective teaching, student evaluation instructors would impact the job market evidence that a U.S. military instructor and testing, course development, lesson for civilian trained flight instructors. pilot or military pilot examiner planning, and classroom training One commenter asserted that, completed an official U.S. military techniques; although military pilots undergo

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intensive training, it is narrowly focused former U.S. military instructor pilots general aviation aircraft, in accordance on specific aircraft and types of and military pilot examiners. with that person’s flight instructor operations. The commenter We disagree with the commenters’ certificate and ratings. Standard recommended that civilian instructor assertions that allowing military insurance practices in the flight training certificates issued to instructor pilots instructor pilots to apply for a flight community require civilian flight without a practical test be limited to the instructor certificate under this instructors to have so much flight aircraft types for which the instructor alternative certification method of experience in a specific make and pilot holds military instructor § 61.73 will diminish the standards of model of aircraft to meet the flight authorizations. Alternatively, the the FAA flight instructor certificate. training operator’s insurance commenter recommended that U.S. military instructor pilots and requirements. Military instructor pilots instructor pilots be required to undergo military pilot examiners undergo who earn their flight instructor a practical test including the rigorous and demanding training and certificate under this revision to commercial PTS maneuvers in the are required to be knowledgeable about § 61.73(g) will be allowed to give flight category and class of aircraft in which part 61 and part 91. Even though U.S. training in the various makes and they wish to instruct. Eight commenters military instructor pilots and military models of general aviation aircraft, in asserted that military instructor pilots pilot examiners may not undergo the accordance with their flight instructor generally do not have experience with same kind of training and testing as a privileges and ratings. However, those primary training or reciprocal engine- civilian flight instructor or FAA same insurance requirements will also powered aircraft. Eighteen commenters designated pilot examiner, we have apply to military instructor pilots when stated that military instructor pilots are determined that U.S. military instructor giving flight training in a specific make not required to know or perform pilots and military pilot examiners do and model of general aviation aircraft. maneuvers or standards required for receive equivalent training and testing Accordingly, we do not believe there is civilian certificates and ratings. Four as civilian flight instructor applicants. safety issue here, and the FAA is commenters recommended that Some of those equivalent aeronautical adopting the revision as it was written. instructor pilots seeking civilian knowledge areas involve testing on the We are not comparing the way the certification be required to have some following subject matters: civilian flight training community trains minimum experience in the aircraft • Fundamentals of instructing, and qualify flight instructors with how used for instruction, including an including the learning process, elements the U.S. military trains and qualify its introduction to maneuvers such as lazy of effective teaching, student evaluation military instructor pilots. Rather, the eights, chandelles, and spins. and testing, course development, lesson FAA has made a determination that the Regarding appropriate documentation planning, and classroom training way the U.S. military trains and qualify for showing qualifications as a U.S. techniques; its military instructor pilots and with Armed Forces instructor pilot and pilot • The training and certification rules the addition of requiring military examiner, § 61.73(g)(3) and § 61.73(h) in part 61 that govern recreational, instructor pilots to pass a knowledge state ‘‘an official U.S. Armed Forces private, and commercial pilot test, as required by § 61.73(g)(3)(i), will record;’’ therefore, the DD Form-214, Air certification, applicable to the aircraft provide a equivalent level of Force Form 5 or Air Force Form 8, Navy category for which flight instructor certification. Check Form 3760, a Naval Aviator privileges are sought; and Some commenters have asked if Logbook, or a grade book will suffice as • The training and certification rules military pilots who have been an ‘‘official U.S. Armed Forces record.’’ in part 61 that govern the aeronautical designated as ‘‘Unit Trainers’’ and have We understand the U.S. military knowledge areas for the instrument never graduated from an official U.S. changes the number of its forms from rating applicable to the category for Armed Forces’ instructor pilot training time to time. If the form is ‘‘an official which instrument flight instructor course will be afforded this privilege of U.S. Armed Forces record’’ that shows privileges are sought. earning a flight instructor certificate and the person is qualified as a U.S. military The FAA is not ‘‘giving away’’ the rating(s) under § 61.73(g). The answer is pilot or U.S. military instructor pilot or flight instructor certificate, because all no. The only U.S. military instructor military pilot examiner, as appropriate, U.S. military instructor pilot and pilots and military pilot examiners who and the person’s military pilot or military pilot examiners will be will be allowed to apply for a flight instructor pilot or military pilot required to meet the certification instructor certificate and rating(s) under examiner qualifications and ratings can requirements of § 61.73(g). this provision in § 61.73 are those be extrapolated from that form or We also disagree that some military current and former U.S. military combination of forms, then an ‘‘official instructor pilots and military pilot instructor pilots and military pilot U.S. Armed Forces record’’ will suffice. examiners may not have the experience examiners who can show having passed We agree that former U.S. Armed flying or flight instructing in general an official U.S. Armed Forces’ instructor Forces instructor pilots should be aviation aircraft. In fact, many have vast pilot training course. This requirement allowed to apply for flight instructor amounts of training, experience, and would eliminate from consideration certificates and ratings. Therefore, we skills that we believe will be equally those military pilots who have been have revised § 61.73(g) to include both beneficial to training civilian pilots. designated as ‘‘Unit Trainers’’ and have current and former U.S. military Civilian flight instructors usually never passed an official U.S. Armed instructor pilots or former and current receive training in one specific make Forces’ instructor pilot or military pilot U.S. military pilot examiners may apply and model of general aviation aircraft examiner training course. for and be issued a flight instructor when receiving training for their flight Furthermore, this provision of certificate. We have not restricted this instructor certificate and then take their § 61.73(g) allowing current and former provision to just former military practical test in that make and model of U.S. military instructor pilots and instructor pilots and former military general aviation aircraft. However, once military pilot examiners to apply for an examiners who have been separated the person receives his/her flight FAA flight instructor certificate is also from the military within the preceding instructor certificate, it allows flight afforded to those current and former 12 calendar months, because we have instructor privileges for giving flight U.S. military instructor pilots and decided to extend this to all current and training in various makes and models of military pilot examiners who serve or

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have served in the National Guard and to apply for the U.S. private pilot ratings. When § 61.75 was amended, the Reserves units of the U.S. Army, Air certificate under the provisions of this rule provided for the issuance of a U.S. Force, Navy, Marine Corps, and Coast section must be at a private pilot license pilot certificate at the private pilot Guard. level or higher, without geographical certification level only. Specifically, restrictions, or otherwise meet at least § 61.75(a) permitted a holder of a foreign 43. This revision of § 61.73(h) clarifies, the private pilot licensing requirements pilot license issued by an ICAO simplifies, and lists the documents of ICAO Annex 1. contracting State to ‘‘apply for and be required for proving rated U.S. military issued a private pilot certificate with the pilot status to qualify for FAA pilot 45. This revision of § 61.75(b)(3) permits appropriate ratings when the certification the issuance of a U.S. private pilot application is based on the foreign pilot certificate to foreign pilots who hold a Revised § 61.73(h) clarifies, license.’’ However, there is some U.S. student pilot certificate simplifies, and lists the documents confusion whether § 61.75(c) applies to required for proving a current or former This final rule revises § 61.75(b)(3) to additional ratings for those foreign rated military pilot is qualified for FAA clarify that a person who holds a foreign pilots who were issued U.S. pilot pilot certification. This revision was pilot license (when the foreign civil certificates under § 61.75. Therefore, to developed in response to many aviation authority that issued the further clarify § 61.75(c) and its inquiries over the years that were foreign pilot license is a member State conformity to existing § 61.75(a), received by the FAA on what to ICAO) may apply for a U.S. private limiting issuance of the U.S. pilot documents are required to show proof pilot certificate if that person holds a certificate to the private pilot certificate, as a rated military pilot in the U.S. U.S. student pilot certificate. this final rule adds the phrase ‘‘for Armed Forces. Prior to the 1997 final rule private pilot privileges only’’ to Five commenters supported the (Amendments Nos. 1–47, 61–102, 141– § 61.75(c). proposed clarification. One commenter 8, and 143–6; 62 FR 16220–16367; April One commenter opposed the asserted the clarification would prevent 4, 1997), § 61.75(b)(3) allowed a U.S. proposed provision, asserting that ‘‘FSDO shopping’’ by military pilots. pilot certificate to be issued to the foreign commercial pilots should be Two commenters recommended that holder of a foreign pilot certificate if ‘‘he eligible for FAA commercial pilot pilots separated from active flight status [did] not hold a U.S. pilot certificate of certificates. The essence of the rule for more than twelve months be private pilot grade or higher.’’ When the change is merely to further clarify the required to undergo knowledge and FAA amended § 61.75(b)(3), it deleted intent of the rule and no substantive practical tests. the words ‘‘of private pilot grade or changes have been made. Therefore, the The FAA acknowledges the higher’’ to accommodate the FAA is adopting the revision as supportive comments received on this recreational pilot certificate without proposed in the NPRM. proposal. considering that this change apparently eliminated persons who hold a foreign 47. This revision of § 61.75(e) corrects 44. This revision of § 61.75(a) and (b) pilot license from being able to hold an error in the rule that states ‘‘U.S. requires that a foreign pilot who applies U.S. student pilot certificates. This was private pilot certificate’’ when it should for a U.S. private pilot certificate on the unintentional. Thus, under this state ‘‘U.S. pilot certificate’’ basis of the person’s foreign pilot license revision, we are clarifying that a person Before the last major change to part 61 must hold at least a foreign private pilot who holds a foreign pilot license may (Amendments Nos. 1–47, 61–102, 141– license also hold a U.S. student pilot certificate 8, and 143–6; 62 FR 16220–16367; April Revised § 61.75(a) and (b) will require and still apply for a § 61.75 U.S. private 4, 1997), the FAA had issued U.S. that a foreign pilot who applies for a pilot certificate. Furthermore, it should commercial pilot certificates to holders U.S. private pilot certificate hold at least be understood that persons who hold a of foreign commercial pilot licenses or a foreign private pilot license. Before the foreign pilot license may also apply for higher who applied for our U.S. August 4, 1997 amendments to part 61 and receive a U.S. pilot certificate commercial pilot certificate and ratings (Amendments Nos. 1–47, 61–102, 141– through the standard part 61 pilot on the basis of § 61.75. When the FAA 8, and 143–6; 62 FR 16220–16367; April certification process or under the amended paragraph (e) under § 61.75, 4, 1997), § 61.75 provided that to apply special provisions and procedures of the rule was changed to read a person for a U.S. pilot certificate on the basis § 61.75. who receives a ‘‘U.S. private pilot of a foreign pilot license, the pilot had certificate.’’ The rule, however, needs to 46. This revision of § 61.75(c) clarifies to hold a foreign pilot license at the account for those outstanding foreign that an aircraft rating on a pilot level of private pilot certificate or pilots who hold U.S. commercial pilot certificate based on a foreign pilot higher. The foreign pilot license must be certificates. Therefore, the final rule license is issued for private pilot issued by an ICAO member State. Under revises § 61.75(e), (1), (4), (f), and (g) certificate privileges only the 1997 Amendments, the requirement accordingly. that the foreign pilot license to be at the This final rule revises § 61.75(c) to level of private pilot certificate or higher clarify that an aircraft rating on a U.S. 48. This revision of § 61.77 clarifies the was deleted without considering that pilot certificate that was issued on the requirements for issuance of Special there are some foreign countries that basis of rating(s) held on the person’s Purpose Pilot Authorizations issue pilot certificates below the private foreign pilot license is issued for private This final rule revises various pilot license (i.e., recreational pilot pilot privileges only. Before the 1997 paragraphs in § 61.77 to address licenses, sport pilot licenses, or private Amendments (Amendments Nos. 1–47, confusion about the special purpose pilot licenses with a limitation that 61–102, 141–8, and 143–6; 62 FR pilot authorizations and correct some restricts a pilot from exercising the 16220–16367; April 4, 1997), a person inconsistencies. The special purpose foreign pilot license to a particular who held a commercial pilot license or pilot authorization is a letter issued by foreign country). (See 62 FR 16257 and higher level foreign pilot license issued the FAA to a foreign pilot for the 16321; April 4, 1997.) Therefore, this by an ICAO contracting State could purpose of performing pilot duties on a final rule revises § 61.75(a) and (b) to apply for and be issued U.S. commercial civil aircraft of U.S. registry that is clarify that the foreign pilot license used pilot certificate with the appropriate leased to a person who is not a citizen

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of the United States for the purpose of requirements. Therefore, this final rule 180 horsepower powerplant limitation carrying persons or property for deletes existing § 61.77(b)(5). will only apply to aircraft certificated in compensation or hire. the airplane category. Since § 61.77 was last revised under 49. This revision of § 61.96(b)(9) Additionally, we are making a the 1997 amendments (Amendments requires a person to hold either a Nos. 1–47, 61–102, 141–8, and 143–6; student pilot certificate or sport pilot correction in § 61.101 in paragraph (j) 62 FR 16220–16367; April 4, 1997), certificate when applying for a that references ‘‘paragraph (h)’’ when there has been confusion as to whom recreational pilot certificate the rule should reference ‘‘paragraph could be issued a special purpose pilot Revised § 61.96(b)(9) requires a (i).’’ This mistake was recently authorization and what kind of person to hold either a student pilot discovered. Paragraph (h) is a rule about operations are permitted under a special certificate or sport pilot certificate to the requirement for adding the notation purpose pilot authorization. For apply for a recreational pilot certificate. ‘‘Holder does not meet ICAO example, the FAA discovered that a The FAA believes the rules implicitly requirements’’ to the recreational pilot foreign corporate operator was issued require a person to hold a student pilot certificate. Paragraph (i) is the correct special purpose pilot authorizations in certificate before making application for rule that should be referenced in error. The FAA never intended that a recreational pilot certificate. To apply paragraph (j) as it provides the special purpose pilot authorizations be for a recreational pilot certificate, an requirements for flying solo for holders issued to foreign corporate operators applicant must log at least three hours of recreational pilot certificates. who are not performing the carriage of of solo flight time. (See 14 CFR persons or property for compensation or 61.99(b).) To operate an aircraft in solo 51. This revision § 61.103(j) requires a hire. Foreign pilots involved in part 91 flight, the person must hold at least a person either hold a student pilot operations have the ability to apply for student pilot certificate. (See 14 CFR certificate, sport pilot certificate, or a and receive U.S. pilot certificates in 61.87(l)(1).) To avoid any further recreational pilot certificate when accordance with § 61.75 or through the confusion, this final rule now specifies applying for a private pilot certificate standard part 61 pilot certification a person to hold either a student pilot process. Therefore, this final rule adds certificate or sport pilot certificate Revised § 61.103(j) now requires a § 61.77(a)(2)(i) through (iv) to clarify before applying for a recreational pilot person to hold either a student pilot what kind of operations foreign pilots certificate. certificate, sport pilot certificate, or are required to be performing to be One commenter supported the recreational pilot certificate when eligible for a special purpose pilot proposed requirement that a applying for a private pilot certificate. authorization. recreational pilot applicant hold a The rules implicitly require a person to Additionally, the FAA has student pilot certificate. Four either have a student pilot or determined that the citizenship or commenters asserted a recreational pilot recreational pilot certificate before resident status requirement under applicant should hold either a student applying for a private pilot certificate. existing § 61.77(b)(1) conflicts with the pilot certificate or a sport pilot To apply for a private pilot certificate, policy authorizing holders of foreign certificate. an applicant must log at least 10 hours pilot licenses to serve as pilots in U.S. We agree that § 61.96(b)(9) be further of solo flight time (See 14 CFR 61.109). revised to allow holding either a student registered aircraft for the kinds of flight To operate an aircraft in solo flight, the pilot certificate or sport pilot certificate. operations covered by special purpose person must hold at least a student pilot pilot authorizations. Thus, the We have changed the rule accordingly. certificate (See 14 CFR 61.87(l)(1)). citizenship or resident status 50. This revision of § 61.101(e)(1)(iii) However, to address any possible requirement is unnecessary. The allows for a holder of a recreational revision will delete the phrase ‘‘from confusion, this revision explicitly pilot certificate to act as PIC in specifies that a person hold either a which the person holds citizenship or rotorcraft with more than a 180 resident status’’ under § 61.77(b)(1) student pilot certificate, sport pilot horsepower powerplant because some pilots of foreign air certificate, or recreational pilot carriers do not hold citizenship or Currently, holders of recreational certificate in order to apply for a private resident status in the country from pilot certificates are limited from acting pilot certificate. which they hold their pilot licenses, as as pilot in command (PIC) of an aircraft Two commenters supported the is the case of U. S. citizens who serve certificated ‘‘with a powerplant of more proposed eligibility requirements for a as flight crewmembers aboard U.S. than 180 horsepower.’’ The purpose for private pilot certificate. Seven the more than 180 horsepower registered aircraft for foreign air carriers. commenters asserted the proposed powerplant limitation was restricting Therefore, we have determined this requirements for a private pilot recreational pilots to slower, less requirement in § 61.77(b)(1) is certificate fail to address holders of burdensome and unnecessary. complex aircraft. The FAA has sport pilot certificates and Furthermore, this final rule deletes determined that the 180 horsepower § 61.77(b)(5) (i.e., a recent flight powerplant limitation is inappropriate recommended that a private pilot experience requirement under § 61.57 to for helicopters or gyroplanes. For candidate be required to hold a student be issued a special purpose pilot example, the Bell 47 is a 1950-era pilot certificate, a recreational pilot authorization) because the normal helicopter that is simple in design and certificate, or a sport pilot certificate. procedure for issuing special purpose easy to fly, but some Bell 47 helicopters’ The FAA acknowledges comments pilot authorizations requires the foreign engines exceed the 180 horsepower received on this proposal. The FAA air carriers only to send the application rating. This meant recreational pilots agrees with the commenters who and copies of the person’s foreign pilot were restricted from acting as PIC of requested that § 61.103(j) be further and medical licenses to the FAA and these kinds of helicopters. Therefore, revised to allow holding either a student does not require the airman to appear in this final rule revises § 61.101(e)(1)(iii) pilot certificate, sport pilot certificate, or person to the FAA. The FAA has no way to exclude aircraft that are certificated recreational pilot certificate. We have of determining whether the pilot has in the rotorcraft category from the 180 changed the rule accordingly. complied with § 61.57 currency horsepower powerplant limitation. The

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52. This revision of § 61.109(a)(5)(ii), level conforms to ICAO requirements § 61.109(d)(4)(ii) erroneously states ‘‘of (b)(5)(ii), and (e)(5)(ii) amends the solo and the FAA’s cross country distance at least 25 nautical miles.’’ The revision cross country mileage requirements for definition in § 61.1(b)(3)(v). The existing amends the rule to read: ‘‘more than 25 consistency with the mileage solo cross country distance requirement nautical miles’’ in conformance with the requirements under the definition of under § 61.109(c)(4)(ii) for the private definition of ‘‘cross country’’ under ‘‘cross country’’ pilot-helicopter rating states that the § 61.1(b)(3)(v). Four commenters supported changing This final rule revises solo cross country flight must be ‘‘at the definition. Seven commenters § 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), least 75 nautical miles total distance.’’ The ICAO requirements, set forth under objected to the change. One commenter, standardizing use of the term ‘‘cross Annex I, paragraph 2.7.1.3.2 require that while opposing the change, would country’’ throughout part 61. Under the total distance be at least 100 nautical accept it if it prevented issuance of a § 61.1(b)(3)(ii), the FAA defines the miles total distance. Therefore, this final certificate stating ‘‘Holder does not meet distance of a cross country flight, in rule revises the private pilot-helicopter ICAO requirements.’’ pertinent part, as ‘‘more than 50 rating requirement to conform to the The essence of this rule change is to nautical miles.’’ Under § 61.109(a)(5)(ii), ICAO requirement. parallel our rule with ICAO standards, (b)(5)(ii), and (e)(5)(ii), the regulations Additionally, the helicopter rating for so that U.S. pilot certification conform erroneously state, ‘‘of at least 50 private pilot certification under to international civil aviation standards nautical miles.’’ The revision amends all § 61.109(c)(4)(ii) erroneously states ‘‘of and our private pilot certificate is definitions of ‘‘cross country’’ to read at least 25 nautical miles.’’ This final recognized by the other ICAO Member ‘‘more than 50 nautical miles.’’ Four rule revises the rules to read ‘‘more than States to ICAO. Therefore, the FAA is commenters supported changing the 25 nautical miles’’ to conform to the adopting the revision as proposed in the definition of cross country. One definition of ‘‘cross country’’ under NPRM. commenter asserted the change will § 61.1(b)(3)(v). 55. This revision of § 61.127(b)(4)(vi) eliminate questions regarding rounding Seven commenters objected to the adds a requirement for ground reference without a significant negative impact. change. The FAA already addressed maneuvers for commercial pilot Nine commenters objected to the change many of these comments earlier in this certification-gyroplane rating with one arguing that the change could document. The concerns included: force performance of longer cross forcing performance of longer cross Revised § 61.127(b)(4)(vi) will require country flights in instances where country flights in cases where existing training in ‘‘ground reference existing airport pairings are exactly the airport pairings are exactly the specified maneuvers’’ for the gyroplane rating at specified number of miles apart. One number of miles apart; no compelling the commercial pilot certification level. commenter believed there was no safety reason; and, the costs of the When the FAA amended the area of compelling safety or other concerns change outweigh the minimal benefit operations under § 61.127 for the sufficient to mandate the change, and resulting from changing the definition. gyroplane rating at the commercial pilot another commenter asserted the The essence of this rule change is to certification level, the reference to proposed change would only provide parallel our rule with ICAO standards, ‘‘ground reference maneuvers’’ was minimal benefits. so that U.S. pilot certification conforms deleted. After further review, this final Two commenters recommended that, to international civil aviation standards rule re-instates the ‘‘ground reference rather than changing § 61.109(a)(5)(ii), and our private pilot certificate is maneuvers’’ as an area of operation for (b)(5)(ii), and (e)(5)(ii), the FAA change recognized by the other ICAO member the gyroplane rating at the commercial § 61.1(b)(3)(ii) to read ‘‘at least’’ for States. Therefore, we are adopting the pilot certification level. We believe this continuity purposes. One commenter revision as proposed in the NPRM. to be an important training and recommended that, if the definition of certification task. The ground reference 54. This revision of § 61.109(d)(4)(ii) cross country flight is to be changed to maneuvers must include at least ‘‘eights amends the solo cross country distance a format of ‘‘more than’’ a number of around a pylon,’’ ‘‘eights along a road,’’ requirement for the private pilot- miles, that mileages be reduced by one ‘‘rectangular course,’’ ‘‘S-turns,’’ and gyroplane rating mile (i.e., from at least 50 miles to more ‘‘turns around a point.’’ than 49 miles). One commenter asserted This final rule revises Three commenters supported the the change will eliminate rounding § 61.109(d)(4)(ii) to conform the cross addition of ground reference maneuvers without a significant negative impact. country distance for the gyroplane as an area of operation for a commercial One commenter asserted the costs of the rating at the private pilot certification pilot gyroplane rating. One commenter change outweigh the minimal benefit level to the ICAO requirements for the did not object to the addition of ground resulting from changing the definition. gyroplane rating and to § 61.1(b)(3)(v). reference maneuvers, but opposed the One commenter, while opposing the The existing solo cross country distance inclusion of specific maneuvers in the change, will accept it if it would prevent requirement for the private pilot- regulation while another opposed the issuance of a certificate stating ‘‘Holder gyroplane rating states that the solo introduction of rectangular course, S- does not meet ICAO requirements.’’ cross country flight must be ‘‘at least 75 turns, and turns around a point because The purpose of the rule change is to nautical miles total distance.’’ The ICAO these maneuvers are trained and tested correct a mistake in the former rule and requirements, set forth under Annex I, at the private pilot level. no substantive changes have been made. paragraph 2.7.1.3.2, require that the The FAA acknowledges the total distance be at least 100 nautical supportive comments received on this 53. This revision of § 61.109(c)(4)(ii) miles total distance. Therefore, this final proposal. The one commenter’s amends the solo cross country distance rule revises the cross country distance statement that the rectangular course, s- requirement for the private pilot- for the private pilot-gyroplane rating to turns, and turns around a point are helicopter rating conform to the ICAO’s cross country trained and tested at the private pilot This final rule revises distance requirement for the gyroplane level is accurate. However, the § 61.109(c)(4)(ii) so the cross country rating at the private pilot certification difference will be that the maneuvers distance requirement for the helicopter level. Additionally, the gyroplane rating must now be performed to commercial rating at the private pilot certification for private pilot certification under pilot certification standards. The FAA is

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adopting the revision as proposed in the has received questions about visibility; however, the ground lights NPRM. appropriate training for instrument and lighting around cities and towns aeronautical experience. Therefore, the would not limit a person’s visual cues 56. This revision of § 61.127(b)(5)(vii) FAA has revised § 61.129(a)(3)(i) to to the outside and horizon. The FAA deletes the requirement for the ‘‘ground clarify tasks required for ‘‘instrument has determined that requiring the use of reference maneuver’’ in the area of aeronautical experience’’ for the a view-limiting device will better insure operation for commercial pilot airplane single engine rating at the quality instrument training. The FAA is certification-powered-lift rating commercial pilot certification level. adopting the revision as proposed in the This final rule deletes ‘‘ground Under this revision, ‘‘instrument NPRM. reference maneuver’’ area of operation aeronautical experience’’ will include at 58. This revision of § 61.129(b)(3)(i) under § 61.127(b)(5)(vii) for the least ‘‘10 hours of instrument training, clarifies the tasks required for powered-lift rating at the commercial of which at least 5 hours must be in a ‘‘instrument training’’ for commercial pilot certification level. The FAA has single engine airplane and must include pilot certification-airplane multiengine determined that the ‘‘ground reference training using a view-limiting device for rating maneuver’’ is not appropriate for the attitude instrument flying, partial panel powered-lift rating at the commercial skills, recovery from unusual flight This final rule revises § 61.129(b)(3)(i) pilot certification level. attitudes, and intercepting and tracking to clarify the tasks required for Two commenters supported the navigational systems.’’ ‘‘instrument training’’ for the airplane elimination of ground reference Two commenters generally supported multiengine rating at the commercial maneuvers as an area of operation for a the instrument training requirements pilot certification level. Revised commercial pilot powered-lift rating. proposal. One comment supported § 61.129(b)(3)(i) provides that Two other commenters opposed the requiring five hours of training. Six instrument aeronautical experience elimination of ground reference commenters objected to the unqualified must include at least ‘‘10 hours of maneuvers. The Greater St. Louis Flight requirement that a view-limiting device instrument training, of which at least Instructor Association argued in their be used for instrument training arguing five hours must be in a multiengine comments that because powered lifts that students should be permitted to airplane and must include training exhibit the qualities of both airplanes train without a view-limiting device in using a view-limiting device for attitude and helicopters, maneuvers unique to actual instrument meteorological instrument flying, partial panel skills, both aircraft should be demonstrated. conditions (IMC) if the instructor is recovery from unusual flight attitudes, One commenter opined that since there instrument current. Four commenters and intercepting and tracking are no certified civilian powered-lifts, recommended the rule be modified to navigational systems.’’ there is no way to know what require training in actual IMC or using Two commenters generally supported maneuvers are appropriate for testing. a view-limiting device. One commenter the instrument training requirements for The commenter recommended no recommended use of a view-limiting a commercial pilot certificate and one changes be made until a Flight device at the instructor’s discretion. supported the requirement for five Standardization Board (FSB) has Two commenters recommended a hours of training. Five commenters determined if changes are required. minimum amount of actual instrument objected to the unqualified requirement The FAA acknowledges the comments experience be required. that a view-limiting device be used for received on this proposal. The FAA has The essence of the § 61.129(a)(3)(i) is instrument training asserting students not completed its FSB report on any to clarify tasks required for ‘‘instrument should be permitted to train without a make and model of powered-lift aeronautical experience’’ for the view-limiting device in actual IMC if currently under production; however, airplane single engine rating at the instructor is instrument current. Two because powered-lifts have flight commercial pilot certification level. commenters recommended the rule be characteristics of both the airplane and Under this revision ‘‘instrument modified to require training in actual helicopter, we have determined that aeronautical experience’’ will include at IMC or using a view-limiting device. training on ‘‘ground reference least ‘‘10 hours of instrument training, Two commenters recommended use of a maneuvers’’ would not be appropriate of which 5 hours must be in a single view-limiting device be at the discretion for the powered-lift rating at the engine airplane and must include of the instructor. One commenter commercial pilot certification level. The training using a view-limiting device for recommended a minimum amount of FAA does not intend to require ground attitude instrument flying, partial panel actual instrument experience be reference maneuvers for certification skills, recovery from unusual flight required. during development of its FSB report, attitudes, and intercepting and tracking Our responses to these kinds of nor do we intend to require the navigational systems.’’ comments were previously answered in maneuvers for the powered-lift rating The purpose of this change is to the discussion of § 61.129(a)(3)(i) above. for the commercial pilot certificate. The further clarify the intent of the rule and The essence of the change is merely to FAA is adopting the revision as it no substantive changes have been made. further clarify the intent of the rule and proposed in the NPRM. As for the commenters’ objections to use no substantive changes have been made. a view-limiting device and perform the 57. This revision of § 61.129(a)(3)(i) instrument training in IMC, the answer 59. This revision of § 61.129(c)(3)(i) clarifies the tasks required for is an aircraft being flown in IMC does allows use of a flight simulator, flight ‘‘instrument training’’ for commercial not necessarily limit a person’s vision to training device, or aviation training pilot certification-airplane single engine the outside and horizon. For example, device for some of the instrument rating an aircraft may be being flown between training required for commercial pilot Ever since the instrument cloud layers and be considered an IMC certification-helicopter rating aeronautical experience requirement operation; however, the pilot may be Revised § 61.129(c)(3)(i) will allow was adopted under § 61.129 by the 1997 able to see outside the aircraft and see instrument training required for the amendments (Amendments Nos. 1–47, some portions of the horizon. Another helicopter rating at the commercial pilot 61–102, 141–8, and 143–6; 62 FR example would be an aircraft being certification level to be performed in an 16220–16367; April 4, 1997), the FAA flown at night with reduced flight aircraft, flight simulator (FS), flight

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training device (FTD), or aviation may have difficulty gaining access to the gyroplane rating at the commercial training device (ATD). In response to instrument equipped helicopters or an pilot certification level to be performed questions raised by the general aviation appropriately configured simulator, in an aircraft, FS, FTD, or ATD. The and flight training community, the flight training device (FTD), or personal FAA believes that the training for the training is required to satisfy instrument computer aviation training device commercial pilot-gyroplane rating will training for the helicopter rating at the (PCATD). One commenter noted few be more useful if the training focused on commercial pilot certification level. The helicopters used for training are other tasks. We recognize that instrument training will include at least equipped with more than basic VFR gyroplanes are normally not sufficiently ‘‘5 hours of instrument training and instruments. Another commenter equipped for instrument flight must include training using a view- asserted that since non-instrument rated operations and are flown mostly in limiting device for attitude instrument pilots are not required to maintain daytime, visual meteorological flying, partial panel skills, recovery instrument currency, any skills acquired conditions. from unusual flight attitudes, and will rapidly deteriorate and negatively This final rule has clarified the intercepting and tracking navigational impact safety by giving pilots a false instrument training required to satisfy systems.’’ impression they are qualified to fly in the ‘‘instrument training’’ for the One commenter supported the marginal VFR conditions. One gyroplane rating at the commercial pilot proposed changes to the instrument commenter asserted the proposed rule certification level. The instrument training requirements for a commercial will unnecessarily force many training will have to include at least 2.5 helicopter rating and two others helicopter instructors to obtain hours of instrument training, including supported the proposed changes to the instrument ratings. Two commenters training using a view-limiting device for language describing the instrument stated the history of accidents involving attitude instrument flying, partial panel training required. One commenter inadvertent flight into IMC does not skills, recovery from unusual flight recommended even more descriptive support the proposed provision because attitudes, and intercepting and tracking language providing specific maneuvers most accidents have involved navigational systems. to be conducted, similar to that used for instrument-rated pilots. Four Two commenters supported the the private pilot single engine airplane commenters objected to the unqualified proposed commercial pilot gyroplane requirements. One commenter requirement that a view-limiting device rating instrument training requirements. supported the proposed requirement be used for instrument training. One commenter opposed the reduction that all required instrument training be The commenters asserted students performed in a helicopter because under should be permitted to train without a in required instrument training time current rules, pilots may receive all view-limiting device in actual IMC if the from five hours to 2.5 hours, and argued required instrument training in another instructor is instrument current. One alternatives to training in the aircraft category of aircraft resulting in commenter recommended the rule be make the requirement less onerous, and ineffective learning. One commenter modified to require training in actual claimed, that training appropriate for a rejected any argument that instrument IMC or using a view-limiting device. helicopter rating should be appropriate helicopter training will be without cost Three commenters recommended use of for gyroplanes as well. The commenter implications, because he believes that a view-limiting device be at the also pointed out that if five hours is most training helicopters are not discretion of the instructor. American completed, a pilot adding an additional certified for instrument flight and Eurocopter and HAI recommended the class in the same category would not asserts that training for flight by FAA require 10 hours of instrument need any additional training time. reference to instruments does not instruction but permit five hours to be Seven commenters stated instrument require the kinds of flight instruments conducted in a simulator, flight training training for a commercial gyroplane required under instrument flight rules device or PCATD. rating is unnecessary and recommended (i.e., § 91.205(d)). One commenter Under the old § 61.129(c)(3)(i), the its elimination. Two commenters argued asserted that, unlike airplane pilots, rule required that applicants for a the training time would be better helicopter pilots generally do not tend commercial pilot certificate for the devoted to basic flying skills since the to obtain their instrument ratings before helicopter rating receive ‘‘10 hours of vast majority of gyroplane operations obtaining a commercial rating. Four instrument training in an aircraft.’’ This are day VFR. These commenters added commenters, including American proposed change merely provides other that accident history does not indicate Eurocopter and HAI, recommended methods (i.e., use of a flight simulator, that inadvertent flight into IMC is a requiring 10 hours of flight by reference flight training device, or an aviation significant causal factor. Three to instruments. Four commenters stated training device) for an applicant to commenters noted gyroplanes are the history of accidents involving receive instrument training. Our particularly unforgiving if unusual inadvertent flight into IMC warrants an responses to these comments were attitudes are encountered in IFR. Four increase in the amount of required previously answered in the discussion commenters stated few or no gyroplanes instrument training, rather than a of § 61.129(a)(3)(i) above. We are are equipped for IFR. One commenter decrease. adopting the revision as proposed in the recommended making instrument Two commenters noted commercial NPRM. privileges for a gyroplane rating helicopter pilots may act in common optional, while two commenters carriage without an instrument rating 60. This revision of § 61.129(d)(3)(i) recommended eliminating all without distance or other restrictions. allows for use of flight simulators, flight instrument training requirements for Four commenters opposed the training devices, or aviation training gyroplanes. One commenter asserted a requirement for five hours of training on devices for some of the instrument majority of pilots acquiring commercial flying a helicopter solely by reference to training required for commercial pilot pilot certificates with the gyroplane instruments. Two commenters asserted certification-gyroplane rating rating do so in order to instruct. The the proposed requirement will force Revised § 61.129(d)(3)(i) reduces the commenter asserted a lack of qualified many commercial pilot candidates to number of hours of instrument training instructors is a significant factor in train in larger, more expensive required from five to 2.5 hours and gyroplane accidents, and that requiring helicopters. AOPA asserted that pilots allows instrument training required for instrument training for a commercial

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rating creates an unnecessary obstacle to Our response to these kinds of We also agree that navigation using becoming an instructor. comments were previously answered in pilotage and dead reckoning is Two commenters objected to the the FAA discussion of § 61.129(a)(3)(i) important; however, a commercial pilot unqualified requirement that a view- above. The FAA acknowledges the applicant will have received VFR cross limiting device be used for instrument comments received about this proposal. country navigation training during their training. One commenter recommended We are adopting the revision as training and practical test for their the rule be modified to require training proposed in the NPRM. private pilot certificate. In the case of in actual IMC or using a view-limiting cross country navigation training for the device and one commenter 62. This revision of § 61.129 for commercial pilot certificate, we believe recommended use of a view-limiting commercial pilot certification allows the determination of whether the cross device be at the discretion of the cross country training flights to be country training is performed under instructor. performed under VFR or IFR VFR or IFR is best left to the needs of Under the old § 61.129(d)(3)(i), the This final rule revises the applicant and the instructor’s rule required that applicants for a § 61.129(a)(3)(iii) and (iv), (b)(3)(iii) and discretion. For these reasons, the FAA is commercial pilot certificate for the (iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) adopting the revision as proposed in the gyroplane rating receive ‘‘5 hours of and (iii), (g)(4)(ii) and (iii) to allow the NPRM. instrument training in an aircraft.’’ This required cross country flights for proposed change merely reduces the 63. This revision of § 61.129(d)(3)(iii) commercial pilot certification to be deletes the night training requirement hours requirement to 2.5 hours and performed under VFR or IFR. provides other methods (i.e., use of a for commercial pilot certification- Previously, § 61.129 required one gyroplane rating flight simulator, flight training device, cross country flight in day VFR or an aviation training device) for an conditions and one cross country flight This final rule deletes the night cross country aeronautical experience applicant to receive instrument training. in night VFR conditions. Since requirement under § 61.129(d)(3)(iii) for Additionally, the FAA is aware that establishing these cross country training the gyroplane rating at the commercial gyroplanes are not certificated for requirements at the commercial pilot pilot certification level. This final rule instrument flight; however, this certification level, the FAA has received minimal amount of instrument training replaces the night cross country requests from several pilot training is to provide pilots with some training aeronautical experience requirement schools that we allow flights to be about flying in instrument conditions to with two hours of flight training at night performed under IFR conditions. make them better skilled and alert for that consists of ten takeoffs and ten According to the schools, most instrument flight conditions. landings at an airport. Our response to these kinds of applicants for commercial pilot Nine commenters supported comments were previously answered in certification-airplane rating and some eliminating the night cross country the FAA Analysis paragraph in proposal applicants for the helicopter rating are experience requirement for a No. 57 about § 61.129(a)(3)(i) above. The enrolled in an instrument rating course commercial gyroplane rating and five FAA acknowledges the comments at the same time they are undergoing commenters stated the requirement received about this proposal. The FAA their commercial pilot certification presents an unacceptable risk because is adopting the revision as proposed in training. the open cockpits of gyroplanes require the NPRM. Eleven commenters supported the lower altitude flight with reduced proposed provision permitting cross gliding range and because the 61. This revision of § 61.129(e)(3)(i) country flights for commercial pilot instrumentation of gyroplanes is clarifies the tasks required for certification to be performed under VFR limited. One commenter asserted the ‘‘instrument training’’ for commercial or IFR conditions. Four commenters requirement has discouraged potential pilot certification-powered-lift rating asserted training will better reflect true- gyroplane instructors from acquiring a This final rule revises § 61.129(e)(3)(i) to-life scenarios. Four commenters commercial certificate. Two for the powered-lift rating at the opposed the proposed provision, and commenters asserted landing commercial pilot certification level. three commenters stated the visual proficiency is of particular importance This revision requires at least 10 hours navigation skills required for VFR cross in gyroplane operations, and the night of instrument training, of which at least country flight should not be cross country requirement should be five hours must be in a powered-lift and deemphasized. One commenter noted replaced with a requirement for a must include training using a view- that under the proposed rules, a pilot minimum amount of night flight limiting device for attitude instrument could complete the cross country including a minimum number of flying, partial panel skills, recovery requirement in two flights, under IFR or takeoffs and landings. One commenter from unusual flight attitudes, and VFR conditions. The commenter stated opposed elimination of the night cross intercepting and tracking navigational the commercial pilot certificate- country requirement arguing if it is systems. helicopter candidates should be appropriate for a helicopter rating, it Five commenters objected to the required to perform cross country flights should be appropriate for gyroplanes. unqualified requirement that a view- under VFR, because helicopters The commenter also stated a limiting device for instrument training, typically operate under VFR. commercial gyroplane pilot could arguing that students should be We agree it makes sense to allow the subsequently obtain a helicopter class permitted to train without a view- cross country training requirements rating with no additional training time limiting device in actual IMC if the under § 61.129 to be performed under and no night cross country experience. instructor is instrument current. Two IFR conditions. The FAA agrees and is The FAA made this revision so that commenters recommended the rule be allowing the cross country training nighttime training for the gyroplane modified to require training in actual requirements under § 61.129 for rating at the commercial pilot IMC or using a view-limiting device. commercial pilot certification for the certification level will be more useful Three commenters recommended use of airplane, rotorcraft, powered-lift, and and more safely conducted in the a view-limiting device be at the airship ratings to be performed under vicinity of an airport. Gyroplanes have discretion of the instructor. VFR or IFR conditions. limited equipment and systems for

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nighttime operations, and a cross then dual instruction requirements applicant is performing the duties of PIC country flight raises some added safety should be increased. Two commenters in a multiengine airplane. Some concerns in gyroplanes given its limited believed the proposed provision is operators have said that they will be instrument flight and navigation driven by insurance and cost concerns, agreeable to their commercial pilot capabilities. Therefore, the FAA is rather than safety or education concerns applicants practicing abnormal and adopting the revision as proposed in the and insurance concerns should not emergency procedures if the applicant’s NPRM. restrict solo flight by commercial pilot instructor was on board. Therefore, this candidates. The commenter stated most final rule provides for commercial pilot 64. This revision of § 61.129 amends the commercial pilot training is performed certification for the single engine commercial pilot certification solo in either a single engine fixed gear airplane, helicopter, gyroplane, aeronautical experience requirements to airplane or in some low performance powered-lift, and airship ratings to be allow the aeronautical experience to be single engine retractable gear airplane, performed either solo or while performed either solo or while neither of which is difficult to insure. performing the duties of PIC with an performing the duties of PIC with an The Greater St. Louis Flight Instructor authorized instructor aboard. instructor on board Association rejected the argument that We believe the negative comments This final rule revises § 61.129(a)(4), flights with an instructor on board foster against this proposal are more of a (c)(4), (d)(4), (e)(4), and (g)(2) to allow cockpit resource management (CRM) philosophical disagreement than a the commercial pilot certification skills, noting that the purpose of part 61 safety issue. The existing rule, aeronautical experience to be conducted training is to prepare pilots to fly to § 61.129(b)(4), has permitted the either solo or while performing the single-pilot standards, not to prepare commercial pilot-airplane multiengine duties of PIC with an instructor on them for a future airline career. The training to be performed either solo or board. Even though the commercial association also asserted the proposed with an instructor on board since pilot certification aeronautical provision subverts the intent of § 91.3, August 4, 1997, and there has not been experience requirements for a which defines the PIC as directly any difference noted in safety or the multiengine airplane rating allow the responsible for, and the final authority quality of the skills and abilities of aeronautical experience requirements to on, the operation of the aircraft. Finally, commercial pilot-airplane multiengine be conducted either solo or with an the association asserted students applicants. We believe applicants and authorized instructor on board (See ostensibly acting as PIC will defer to instructors have used this training for § 61.129(b)(4)), the solo aeronautical flight instructors and Examiners. commercial pilot-airplane multiengine experience requirements were One commenter recommended solo applicants to achieve proficiency in purposely written differently for other cross country experience be required, crew resource management and aircraft categories. This is because but that pilots working toward a coordination with an SIC designated comments received in response to commercial multiengine airplane rating pilot. Notice No. 95–11 (60 FR 41160–41284; be permitted to perform the flights in a For the stated reasons, the FAA is August 11, 1995) indicated that some single engine airplane to avoid potential adopting the revision as proposed in the insurance policies prohibit persons who insurance conflicts. Two commenters, NPRM. do not already hold the multiengine including AOPA, recommended 65. This revision of § 61.129(g)(3)(i) airplane category and class rating on permitting performance of cross country their pilot certificate from flying solo in flights solo or with an instructor on clarifies the tasks required for the multiengine airplanes. board and that commercial pilot ‘‘instrument training’’ for commercial Five commenters supported the candidates be permitted to perform the pilot certification-airship rating proposed provision permitting flights flights with passengers on board. One Ever since the instrument previously required to be performed commenter recommended all pilots who aeronautical experience requirement solo with an instructor on board. One hold a private or sport pilot certificate was adopted under § 61.129 by the 1997 commenter stated the knowledge be permitted to fulfill solo flight amendments (Amendments Nos. 1–47, requirements are unchanged, and an requirements for additional certificates 61–102, 141–8, and 143–6; 62 FR additional pilot scanning for traffic or ratings with an instructor on board, 16220–16367; April 4, 1997), we have enhances safety. Three commenters or while carrying passengers, arguing received questions about what is asserted that upon receiving private that carrying passengers allows pilots to considered appropriate training to cover pilot certificates, pilots are permitted to share costs and expose potential future instrument aeronautical experience. fly solo and carry passengers, and students to the experience of flight Revised § 61.129(g)(3)(i) clarifies the should have no further solo flight without degrading safety. Finally one tasks required for ‘‘instrument training’’ requirements. commenter opposed the underlying for the airship rating at the commercial Thirteen commenters opposed the requirement for a long cross country pilot certification level to include the provision with seven arguing that solo flight from commercial pilot candidates use of a view-limiting device for attitude flight contributes to the development of because it is only meant to conform to instrument flying, partial panel skills, essential self-reliance, decision-making, ICAO standards. recovery from unusual flight attitudes, and command skills. Two commenters Since the adoption of § 61.129, the and intercepting and tracking stated that, under the proposed rules, a FAA has learned that some operators of navigational systems. pilot could progress all the way to an the other categories and classes of There were no specific comments ATP certificate with only 10 hours of aircraft also have the same insurance about this proposal on the instrument solo flight early in training. One policy restrictions. Many of these tasks required for the commercial pilot- commenter recommended pilots aircraft operators also believe solo airship rating. The comments received completing a commercial certificate provisions for commercial pilot focused on clarifying the tasks required with zero solo time in class be issued certification-multiengine airplane rating for ‘‘instrument training’’ for the other ratings limited to second in command is beneficial in teaching crew resource categories and classes of aircraft at the (SIC) privileges. One commenter management (CRM). These provisions commercial pilot certification level. suggested if it is not possible for an permit the training to be performed solo Our responses to these kinds of applicant to perform the flights solo, or with an instructor on board while the comments were previously answered in

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the discussion of § 61.129(a)(3)(i). We flight training industry and supported Additionally, this revision removes are adopting the revision as it was the text of the existing rules. paragraphs (g), (h), and (i), that provided proposed in the NPRM. The FAA has, by policy, typically for the use and limitations of a flight limited part 142 training center contract 66. This revision of § 61.153(d)(3) simulator and flight training device, and Check Airmen and designated pilot moves those requirements into § 61.64. changes the ATP eligibility requirements Examiners to testing part 135 pilot for pilots who are applying for the ATP applicants on the aeronautical The FAA’s response to the comments certificate on the basis of holding a knowledge area of § 135.293(a)(2) and about this proposal related to where we foreign commercial or ATP pilot license not on the other areas listed in moved the use and limitations of flight This final rule makes minor clarifying § 135.293(a)(1) and (3) through (8). This simulators and flight training devices revisions to § 61.153(d)(3), the airline has sometimes caused a problem in from § 61.157 to § 61.64 and other transport pilot (ATP) eligibility showing that an applicant has fully met clarifying changes was previously requirements for persons holding all regulatory requirements, considering addressed above in the paragraph about foreign commercial or ATP pilot that § 61.157(f)(2) specifies that these the changes to § 61.63 and § 61.64. The licenses, by including the requirement knowledge areas must be tested by ‘‘an establishment of this rule merely that the foreign commercial or ATP pilot authorized designated pilot examiner or consolidates the use of flight simulators license contains no geographical FAA aviation safety inspector.’’ Further, and flight training devices into § 61.64 limitations. The FAA has determined the rule is silent on the role of a part 142 and for these reasons the FAA is that a foreign applicant for the U.S. ATP Training Center Evaluator (TCE), who is adopting the revision as it was proposed certificate should not be qualified if the also a certifying official, and who may in the NPRM. foreign ATP license has a geographical be acting in the role of contract check limitation. Although this situation very airman. 68. This revision of § 61.157(h) requires rarely (if ever) occurs, the FAA wants to To ensure the rule is written correctly an applicant for a type rating at the ATP clarify the rule to avoid any potential and in accordance with current policy certification level in a multiengine, future conflicts. and acceptable operating practices, we single-pilot station airplane to perform are revising § 61.157(f) to clarify that the the requirements in a multi-seat version 67. This revision re-structures § 61.157, part 135 competency test described in of that multiengine airplane moves the provisions for use and the rule means a PIC competency check limitations of flight simulators and involving the aeronautical knowledge Revised § 61.157(h) will require an flight training devices from the ATP areas of § 135.293(a)(2), the maneuvers applicant for a type rating at the ATP flight proficiency requirements to the and procedures listed in § 135.293(b), certification level for a multiengine § 61.64, and makes other clarifying and the instrument proficiency check airplane with single-pilot station to revisions described in § 135.297. This means that perform the practical test in the multi- We are revising § 61.157(f) to clarify a part 135 pilot applicant who pilot seat version of that multiengine the aeronautical knowledge areas to be accomplishes a part 135 competency/ airplane. The practical test may be demonstrated during a competency test/ proficiency check with a part 142 performed in the single-seat version of proficiency check under air carrier training center or designated pilot that airplane if the Examiner is in a operating rules for an applicant to examiner will be eligible for an ATP position to observe the applicant during qualify for an ATP and/or an additional certificate or additional aircraft rating, the practical test in the case where there aircraft rating. but still must accomplish the other is no multi-seat version of that For a part 135 pilot applicant, the aeronautical knowledge areas of multiengine airplane. This revision items currently required to be § 135.293(a)(1) and (3) through (8) with parallels § 61.63(f) for a type rating in a demonstrated in order to qualify for their company check airman or FAA multiengine airplane with single-pilot such a certificate or additional rating are Aviation Safety Inspector to meet the station at other than the ATP the aeronautical knowledge areas of part 135 PIC competency check certification level. § 135.293(a)(1) through (8) and the requirements. Without these maneuvers and procedures listed in requirements being completed, a part 69. This revision of § 61.157(i) requires § 135.293(b), plus an instrument 135 pilot applicant, although having an applicant for a type rating at the ATP proficiency check as outlined in the received an appropriate certificate and certification level in a single-engine, § 135.297. Under part 121, the aircraft rating, will not meet the single-pilot station airplane to meet the corresponding requirements are listed in qualification requirements to serve as a requirements of this part in a multi-seat § 121.441 and consist of the ‘‘aircraft required flight crewmember under part version of that single engine airplane specific’’ maneuvers and procedures 135. listed in part 121, appendix F. The part The rule change will also formally Revised § 61.157(i) will require an 135 testing requirements, which include clarify the designee/certifying official applicant for a type rating at the ATP such ‘‘generic’’ knowledge areas as air role played by a part 142 Training certification level for a single engine traffic control procedures and Center Evaluator who is also authorized airplane with single-pilot station to meteorology in general, go beyond the by an air carrier’s Principal Operations perform the practical test in the multi- requirements of part 121. An objective Inspector (POI) as a contract check pilot seat version of that single engine of this rule change, therefore, is to airman. airplane. The practical test may be synchronize the testing requirements This final rule rewords § 61.157(g) performed in the single-seat version of between parts 121 and 135 so that the (former paragraph (j)) and clarifies the that airplane if the Examiner is able to same items are required to be tested by use of an aircraft on a practical test for observe the applicant during the an applicant under either part. a type rating that is not capable of practical test when there is no multi- Two commenters asserted the instrument maneuvers and procedures seat version of that single engine proposed changes to §§ 61.63 and and the issuance of a type rating with airplane. This revision parallels 61.157 and new § 61.64 would have a a VFR limitation under those § 61.63(g) for a type rating in a single significant and detrimental impact on circumstances. This revision parallels engine airplane with single-pilot station the use of flight simulators and the the revised change under § 61.63(e). at other than the ATP certification level.

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70. This revision of § 61.159(c)(3) allows with none of an applicant’s flight- aircraft in which instrument training is U.S. military flight engineers to credit engineer time being credited (see being provided. flight engineer time when applying for paragraphs 2.1.9 and 2.5.1.3 of ICAO Six commenters supported the an ATP pilot certificate Annex 1, Personnel Licensing). This proposed requirement that instructors providing instrument training for most Revised § 61.159(c)(3) allows a U.S. revised change harmonizes FAA certificates and ratings hold instrument military flight engineer to credit flight regulations to ICAO’s current standard. ratings on their instructor certificates. engineer time toward the aeronautical 72. This revision of § 61.187(b)(6)(vii) One commenter recommended an experience requirements for an ATP deletes the flight instructor-glider flight instrument instructor rating be required certificate. Under § 61.159(c)(2), a flight proficiency maneuver known as the ‘‘go to administer instrument instruction in engineer who is employed by a part 121 around’’ task any context and this is FAA’s past operator is allowed to credit flight This final rule deletes the flight interpretation. Four commenters engineer time toward an ATP certificate. instructor-glider flight proficiency recommended the language of the Revised § 61.159(c)(3) affords military maneuver known as the ‘‘go around’’ proposed rule be revised. Three rated flight engineers the same under § 61.187(b)(6)(vii). commenters asserted the proposed opportunity. Understandably, a non-powered glider language appears to require an Three commenters supported the is not capable of performing a ‘‘go- instructor to hold an instrument rating proposed provision permitting flight around’’ maneuver. in both the category and class of aircraft, engineers to credit military flight One commenter supported which is not possible, because engineer time toward a civilian ATP elimination of the go around maneuver instructor certificates do not have class certificate. The Greater St. Louis Flight from the glider flight instructor rating ratings. One commenter recommended Instructor Association recommended requirement. One commenter opposed the requirement apply to an instrument the proposal be expanded to include all the removal of the go around rating on the instructor’s pilot rated military flight crewmembers that requirement from the flight proficiency certificate, and an appropriate class and perform flight related duties (e.g., Naval requirements for a glider instructor category rating on the instructor’s flight Flight Officers, U.S. Air Force rating because a go around may be instructor certificate. Two commenters navigators, and weapons system appropriate and applicable in a self- objected to the requirement that an operators (WSO)) that hold an FAA pilot launching glider. instructor providing instrument training certificate during the time they perform In a self-launching glider, it is for a commercial certificate hold an and log their experience. The FAA is possible that a pilot may have to instrument rating on his or her adopting the revision as proposed in the perform a go-around maneuver. instructor certificate. NPRM. However, the FAA is attempting to The University of Oklahoma Aviation 71. This revision of § 61.159(d) and (e) establish training requirements that are Department noted there are no conforms the ATP aeronautical most appropriate for the glider. For instrument flight tasks in the experience requirements to the ICAO pilots taking training in a self-launching commercial pilot training standards ATP requirements glider, flight instructors may want to (PTS) and the commercial pilot give their students training on the go- instrument training requirements are This final rule revises § 61.159(d) and around maneuver, and that decision very similar to those for the private pilot (e) for conformity to current will be left to the flight instructor and certificate. The university further International Civil Aviation the student when they arrange the asserted the rule will unnecessarily Organization (ICAO) airline transport training that is best suited to that confine non-instrument rated pilot (ATP) aeronautical experience student’s needs and wants. For these instructors to teaching private pilot requirements for the airplane category reasons, the FAA is adopting the students, or will result in a as stated in paragraphs 2.1.9.2 and revision as proposed in the NPRM. discontinuation of instruction of 2.5.1.3 of the Personnel Licensing, ICAO commercial pilot students. Two 73. This revision of § 61.195(c) Annex 1. commenters asserted an instructor with establishes the flight instructor For many years, the FAA has received an instrument rating on his/her pilot qualifications for providing instrument numerous inquiries as to whether certificate can effectively provide training in-flight at the commercial pilot applicants for an ATP certificate with instrument instruction toward a private and ATP certification levels the ICAO limitation ‘‘Holder does not or commercial certificate. One meet the pilot in command aeronautical This final rule clarifies the flight commenter questioned whether any experience requirements of ICAO’’ must instructor qualifications for flight safety data shows that the basic have 1,500 hours of total time as a pilot instructors who provide instrument instrument instruction administered by or 1,200 hours of flight time as a pilot training at the commercial pilot and instructors not holding instrument as stated in § 61.159(d)(2). The current ATP certification levels. For example, instructor ratings has been a causal FAA regulation applies an obsolete § 61.129 requires ten hours of accident factor. One commenter asserted ICAO ATP airplane aeronautical instrument training for the airplane- that the General Aviation Operations experience rule. Before 1974, ICAO only single-engine, airplane-multiengine, Inspector Handbook indicates that an required 1,200 hours of total flight time helicopter, gyroplane, powered-lift, and instrument instructor holding a to qualify for an ATP certificate in the airship ratings at the commercial pilot multiengine rating on his/her pilot airplane category. In 1974, ICAO certification levels. This final rule certificate (but not on their instructor amended its ATP aeronautical revises § 61.195(c) to establish that a certificate) may administer instrument experience requirements for the airplane flight instructor who provides instruction in a multiengine airplane. category to require 1,500 hours of flight instrument training required at the This commenter further objected to the time as a pilot and retained the commercial pilot and airline transport proposed ‘‘class and category’’ language additional qualifying aeronautical pilot certification levels must hold an of § 61.195(c), because it will prohibit experience requirements of only instrument rating on both his/her pilot this practice. Another commenter permitting 50 percent of an applicant’s and flight instructor certificates that are directly opposed this position because second-in-command time to be credited appropriate to the category and class of an instructor who does not hold an

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airplane multiengine instructor rating certification. The FAA expects the certification requirements. American should not be permitted to give any instrument training required for Eurocopter and HAI further kind of instruction in a multiengine commercial pilot certification to be recommended reducing the flight airplane. more advanced and requires that the instructor experience qualifications for The FAA has always made a flight instructor who teaches instrument giving NVG PIC qualification and distinction between the instructor training at the commercial pilot currency training from 100 operations to qualifications for flight instructors who certification level hold an instrument 60 operations and requiring that provide private pilot training of rating on their flight instructor instructors have NVG experience within maneuvering an aircraft ‘‘solely by certificate. the preceding five years (using ANVIS 6 reference to instruments, including In accordance with § 61.195(b)(1), a GEN III or above equipment). They straight and level flight, constant flight instructor who does not hold the recommended such experience be in the airspeed climbs, and descents, turns to appropriate airplane multiengine rating category, class, and, if applicable, type a heading, recovery from unusual flight on his/her flight instructor certificate of aircraft in question. AOPA supported attitudes, radio communications, and and the appropriate airplane category the general concept of defining and the use of navigation systems/facilities multiengine class rating on his/her pilot addressing night vision goggle and radar services appropriate to certificate may not conduct instrument operations, while deferring to NVG instrument flight’’ as opposed to the training in a multiengine airplane users regarding specific details of the more advanced instrument training unless that flight instructor holds the proposed provisions. required for commercial pilot appropriate airplane category The specific missions of military certification. A flight instructor without multiengine class rating on his/her pilot pilots using NVGs may be different than an instrument rating on his/her flight certificate and flight instructor civilian pilots, but there is no difference instructor certificate may provide this certificate. A flight instructor who only in prescribing training, qualifications, training for private pilot certification. holds a flight instructor certificate with and recurrency for using NVGs. We However, the more advanced an Instrument-Airplane rating and no disagree that we should take in account instrument training required for airplane category multiengine class the requirements for NVG operations commercial pilot certification requires a rating on his/her pilot certificate may and certification between civilian pilots flight instructor who holds a flight not conduct instrument training in a and flight instructors using NVGs versus instructor certificate with the multiengine airplane. The commenter’s military pilots and instructor pilots. In instrument qualification. We do not find understanding is wrong. establishing these training, any reason to change this policy. qualifications, and recurrency 74. This revision of § 61.195(d)(3) Therefore, the FAA is adopting the requirements for using NVGs, we deletes the endorsement requirement on revision as proposed in the NPRM. consulted with our civilian We have reviewed the rule text a student pilot certificate for solo flight stakeholders. For these reasons, the language in § 61.195(c) in response to into Class B airspace FAA is adopting the revision as the question of whether our change now This final rule deletes the requirement proposed in the NPRM. requires an instrument rating on the under § 61.195(d)(3) that a flight aircraft category and class rating of the instructor must endorse a student pilot’s 76. This revision of § 61.215(b) allows flight instructor certificate. In certificate to authorize a solo flight in a only a ground instructor with an § 61.5(c)(4), the rule is clear that the Class B airspace area or at an airport instrument rating to give ground instrument rating on the flight instructor within Class B airspace. Under training for the issuance of an instrument rating and instrument certificate relates to the aircraft category § 61.95(a)(2) and (b)(2), a student pilot is proficiency check and for a rating, and is not issued to the aircraft required only to have his or her logbook recommendation for the knowledge test class rating. The phrase in § 61.195(c) endorsed when seeking authorization to required for an instrument rating that states ‘‘that is appropriate to the perform solo flight in Class B airspace category and class of aircraft for the or at an airport within Class B airspace. This final rule revises § 61.215(b) to training provided’’ applies to the This change will make the flight provide that only a certified ground category and class of aircraft on the instructor endorsement requirement instructor with an instrument rating flight instructor holder’s pilot parallel the student pilot endorsement may give ground training for the certificate. The phrase in § 61.195(c) requirements of existing § 61.95(a)(2) issuance of an instrument rating and that states ‘‘that is appropriate to the and (b)(2). instrument proficiency check and for a category * * * of aircraft for the recommendation for the knowledge test training provided’’ applies to the 75. This revision of § 61.195(k) required for an instrument rating. Under category of aircraft on the flight establishes flight instructor night vision the old § 61.215(b), the rule erroneously instructor holder’s instrument rating goggle qualification requirements for a permitted a ground instructor who held and flight instructor certificate. The flight instructor only an advanced ground instructor commenter was correct that the This final rule amends § 61.195(k) to (AGI) certificate to give instrument instrument rating is only associated establish qualification requirements for training. The aeronautical knowledge with the aircraft category rating on a a flight instructor to give PIC subject areas for the AGI certificate do flight instructor certificate. However, to qualification and recent training for not cover instrument subjects on the ensure that the flight instructor holds NVG operations. This final rule requires knowledge test. Only the aeronautical the appropriate instrument rating or that an instructor who gives PIC knowledge subject areas for the instrument privileges on both his/her qualification and NVG operations instrument ground instructor (IGI) pilot certificate and flight instructor training must meet the eligibility certificate cover instrument subjects. certificate, we believe this was the most requirements set forth in § 61.195. Authorizing instrument privileges to a appropriate way to write this rule. American Eurocopter and HAI noted holder of only an AGI certificate is not The FAA disagrees that a non- civilian NVG operations differ greatly appropriate. instrument rated flight instructor should from military NVG operations and Seven commenters supported the be able to teach the instrument training recommended the FAA account for this proposed requirement that an AGI have required for commercial pilot when prescribing NVG operations and an instrument rating to give ground

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instruction toward an instrument rating requirements are not just for ground desert or snow. AOPA supported the or check ride. As the purpose for the instructors who teach at a college, general concept of defining and rule change is correcting a mistake in university, or a part 141 pilot school. addressing NVG operations, while the former rule and no substantive Under § 61.217, a ground instructor may deferring to NVG users regarding change is being made to the rule we are maintain currency by showing specific operational details. adopting the rule as proposed in the compliance with any of the four In response to the recommendation NPRM. methods shown in the rule. about providing an exception from the In regard to the question about what aircraft’s STC that requires installation 77. This revision of § 61.217(a) clarifies amount of time employed, or actively of a radar altimeter, we have reviewed the recent experience requirements for instructing, within the previous twelve our STC approval process for required ground instructors months is necessary, we have not NVG equipment and our policy This final rule revises § 61.217(a) to established any specific amount of time established in FAA Order 8900.1, clarify the recent experience of employment or activity as a ground Volume 4, Chapter 7, Section 4, requirements for ground instructors, instructor giving pilot, flight instructor, paragraph 4–1128 B. 3. We agree that we particularly the meaning of the phrase or ground instructor training. Rather the should have required a radar altimeter ‘‘served for at least three months as a time must be reasonable and in the listing of equipment required for ground instructor.’’ This revision will documented. For example, a ground NVG operations. Therefore, we have delete this phrase and establish more instructor can show some kind of further revised § 91.205(h) by including general criteria for recent experience documentation or evidence that he/she a radar altimeter in the listing of requirements. The intent is to recognize taught a ground school lesson at a FIRC required equipment for aircraft used in a person’s employment or activity as a and be able to show the starting and NVG operations. We do not consider ground instructor without that person ending teaching dates during the this addition as a change from our being expected to maintain some kind of preceding twelve calendar months. proposal in the NPRM, because a radar a time sheet or log to show that he or As for the recommendation requiring altimeter is a required item of she ‘‘served for at least three months as a minimum of thirty-five hours to forty equipment in order to receive STC a ground instructor.’’ hours of ground instruction in the approval of an aircraft for NVG One commenter asserted the proposed preceding twelve calendar months, that operations. currency requirements are unfair to recommendation is outside the scope of ground instructors not teaching at a this rulemaking project. We did not 79. This revision of § 141.5 clarifies that college, university or part 141 school. propose such a change in the NPRM and the number of ‘‘counters’’ for a pilot The commenter suggested ground we cannot adopt the recommendation in school or provisional pilot school to instructors be permitted to maintain this final rule. qualify for the 80 percent or higher pass currency by undergoing the ground Likewise, the comment from the rate must be 10 different people portion of a flight instructor refresher Greater St. Louis Flight Instructor This final rule revises § 141.5 course (FIRC) within the previous year. Association requiring ground instructors clarifying the definition of ‘‘a quality of Another commenter recommended any attend a FIRC every two years is also training pass rate of at least 80 percent.’’ ground instructor who has added a outside the scope of this rulemaking The purpose of this change is to rating to their ground instructor project. For the above reasons, we are establish that the number of ‘‘counters’’ certificate within the previous twelve adopting the changes as proposed in the for meeting the required 80 percent or months be deemed current. One NPRM. higher school pass rate of requiring 10 commenter supported the proposed different graduates, meaning 10 clarifications, but suggested the 78. This revision of § 91.205(h) different people. A graduate can only be currency period be twenty-four months, establishes the night vision goggle counted once in computing the 80 rather than twelve months, to coincide instrument and equipment requirements percent pass rate on the first attempt. with the duration of flight instructor for night vision goggle operations American Flyers asserted a minimum privileges. Two commenters agreed that This final rule adds a new paragraph 80% pass rate seems high, especially clarification of ground instructor (h) in § 91.205 that establishes the when a 90% pass rate raises suspicions currency requirements is needed, but required NVG instruments and of a conflict of interest. American Flyers these commenters asserted the proposed equipment for NVG operations. This suggested a 70% pass rate would be provisions leave unanswered what new paragraph (h) is similar to how the more realistic and consistent with other amount of time employed, or actively FAA requires certain instruments and acceptable performance standards. Six instructing, within the previous twelve equipment for VFR (day), VFR (night), commenters opposed the proposed months is necessary. In response, they and IFR operations under existing requirement that the pass rate used to recommended requiring a minimum of § 91.205. This new paragraph (h) certify part 141 schools use data from 10 thirty-five or forty hours of ground establishes the instruments and different individuals, claiming the instruction in the previous twelve equipment required to be installed in requirement discriminates against calendar months. The Greater St. Louis the aircraft that are required to be smaller schools, and stated the same Flight Instructor Association proposed functioning in a normal manner, and student completing different courses ground instructors be required to that must be approved for use by the provides just as effective an evaluation complete a FIRC to renew their FAA. as different people completing the privileges every two years. This will One commenter noted most NVG courses. Three commenters raised give ground instructors the same approved cockpit lighting supplemental concerns regarding the adequacy of training that flight instructors receive type certificates (STC) require training that can be met by requiring the from attending a FIRC. installation of a radar altimeter and 10 tests used to determine pass rate be We believe the changes made to the recommended requiring the use of a practical tests. These commenters stated currency requirements for ground radar altimeter only in an environment this requirement would introduce an instructors are all-encompassing and where such use would enhance safety of element of independence to the testing. allow ground instructors to maintain flight, such as extended over water One commenter requested their currency. The currency operations or low contrast areas such as clarification on what course graduations

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are used to determine a school’s pass The FAA provides examining The FAA has made it clear that it does rate, understanding that the total of all authority on a course-by-course basis. not expect the chief and assistant chief courses taken by all students is used to This means that if the pilot school instructors to delegate all their duties calculate the pass rate. makes specific application for a course, and responsibilities to the check The wording of the old § 141.5 raised the FAA will issue examining authority instructors (See 62 FR 16350; April 4, interpretation questions about how as long as it meets the qualification 1997). The FAA encourages and expects many graduates had to graduate for a requirements of § 141.63 for that chief and assistant chief instructors to school to meet the 80 percent or higher specific course of training. Furthermore, continue to have direct experience pass rate. Some posed scenarios where the FAA only issues examining monitoring the quality of instruction one person could be counted as all 10 authority to a pilot school that meets the and student performance in their graduates. The FAA disagreed and has requirements of subpart D of part 141, schools. The FAA expects the school’s amended § 141.5 to clarify that the 10 as opposed to a provisional pilot school. chief and assistant chief instructors to graduates must be 10 different people. Under § 141.63, a provisional pilot continue checking their instructors’ The FAA believes that requiring the school is not qualified to receive quality of training and their students’ pass rate to be calculated from 10 examining authority. performance. However, the FAA also different graduates is a better measure of recognizes that this can be done by 81. This revision of § 141.33(d)(2) sampling instructor proficiency and the school’s quality of training and reduces the number of student provides a more realistic view of the student performance. The FAA does not enrollments to qualify for a check believe it is necessary to establish a school’s pass rate. instructor position In response to the commenter’s regulatory requirement on the numbers request for clarification on what course This final rule revises § 141.33(d)(2) of stage checks, end-of-course tests, and graduations are used to determine a to reduce the number of student instructor proficiency checks that each pilot school’s pass rate, all approved enrollments from 50 students to 10 chief instructor or assistant chief courses may be considered. For students in a part 141 pilot school to instructor must perform. That decision example, a part 141 pilot school has qualify for check instructor positions. may be left to the school’s management. courses approved for: Private Pilot This revision demonstrates we are When the FAA initially considered this change to the eligibility Course for the Airplane Single Engine responding positively to requirements for qualifying for a check Land; Instrument Rating Course for the recommendations from the pilot school instructor position, we consulted with Airplane Single Engine Land; industry to authorize the use of check several pilot schools and the National Commercial Pilot Course for the instructors in some of the smaller pilot Air Transport Association. This final Airplane Single Engine; Commercial schools. rule has reduced the number of student Pilot Course for the Airplane Three commenters argued there enrollments to qualify for the creation of Multiengine; Flight Instructor Course for should be no minimum number of a check instructor position to ten the Airplane Single Engine; Flight students for a flight school to be eligible students. A minimum of 10 student Instructor Course for the Airplane to use check instructors, and enrollments will allow for check recommended each requested case-by- Multiengine; and Flight Instructor instructor positions to be designated for case evaluation be made by the school’s Instrument Course for the Airplane the medium-sized and the smaller pilot Single Engine. The 10 students can jurisdictional Flight Standards District schools. Even though check instructors come from any of those 7 approved Office (FSDO). will probably conduct most of the phase courses or just from one of the approved The FAA initially established the and final checks, this does not alleviate courses. However, as required figure of 50 student enrollments when it chief and assistant chief instructors § 141.5(e), the part 141 pilot school promulgated § 141.33(d)(2) to provide from performing their duties and must have graduated at least 10 different for those flight schools that train large responsibilities to ‘‘spot check’’ a students. numbers of students. (See 62 FR 16350; sampling of their students during the The requirement in § 141.5(d) that ‘‘at April 4, 1997.) The position of check phase and final checks. The reason for least 80 percent of those persons passed instructor was established because the reducing the eligibility requirements for their tests on the first attempt’’ is not a FAA understands it is nearly impossible qualifying for a check instructor change from the existing rule. The to expect chief instructors and assistant position from 50 students down to 10 purpose of this change is clarifying the chief instructors to perform all the students was that we wanted to be fair intent of the rule. Therefore, the FAA is required stage checks, end-of-course and reasonable with the smaller pilot adopting the revision as proposed in the tests, and instructor proficiency checks schools. In adopting this change to NPRM. in large pilot schools. However, since § 141.33(d)(3), we consider this number the adoption of § 141.33(d)(2), a number 80. This revision of § 141.9 clarifies the to be fair and reasonable. of moderate-sized flight schools have intent and meaning of examining informed the FAA that they have 82. This revision of § 141.39(b) provides authority sufficient student activity to justify for the use of foreign registered aircraft The FAA has found it necessary to check instructors. For example, one to be used by part 141 training facilities revise the language under § 141.9 chief instructor commented that his/her that are located outside of the United because some have misunderstood the school has 15 student enrollments and States rule and believe that when the FAA each student requires six stage checks This final rule revises § 141.39(b) to issues examining authority to a pilot and one end-of-course test. Thus, he/she allow the use of foreign registered school, it also authorizes examining is required to perform 105 tests on his aircraft for part 141 training facilities authority for all the training courses of school’s 15 student enrollments. that are located outside of the U.S. and that school. This is not true. Another chief instructor commented conduct training outside of the U.S. One commenter recommended that he has 15 stage and end-of-course Under Amendment No. 141–11 (63 FR eliminating the granting of examining tests per student in his part 141 53532; October 5, 1998), the FAA authority to flight schools because of the approved course. This computes to a allowed part 141 schools to establish amount of trouble it has caused. total of 300 tests he/she must perform. training facilities outside the United

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States. Pilot schools either transport 85. This revision of § 141.77(c) clarifies voiced support for re-wording the rule U.S. registered aircraft to those foreign the requirements for crediting previous to: (1) Affect their ability to credit countries or are allowed to use foreign- training when transferring to a part 141 orientation flights towards overall registered aircraft in their part 141 pilot pilot school training requirements of its students (it schools. Section 141.39 has been revised This final rule clarifies § 141.77(c) is common practice when a person inquires about flight training to provide to accommodate those part 141 schools relating to crediting previous training who want to establish training facilities that person a local orientation flight); based on a proficiency test or a outside the United States. and (2) extend the time for a flight knowledge test. Under the old Under the old § 141.39, the rule was physical for students attending a pilot § 141.77(c), the regulation provided that worded in such a way that only allowed school in a remote area (since it may for students who transfer to a part 141 a pilot school’s maintenance and take a week or two to get an pilot school, credit for previous training inspection standards to be maintained appointment). under part 91, subpart E. In this revised must be based on ‘‘a proficiency test or Three commenters recommended § 141.39, the rule allows for the use of knowledge test, or both.’’ This language that, in addition to student and foreign-registered aircraft and foreign has generated questions about whether recreational pilot certificates, students maintenance and inspection standards it is possible to credit previous flight holding a sport pilot certificate should established by a foreign aviation training strictly on the basis of be permitted to enter into the solo phase authority in pilot schools located knowledge test results. The answer is of the program. outside of the United States when the no. The FAA never intended to allow a The FAA considered these training is conducted outside the United transfer student to be awarded flight recommendations in drafting this States. training credit purely on the basis of change to part 141, appendix B, completing a knowledge test. Nor did paragraph 2, to require a person to hold 83. This revision deletes § 141.53(c)(1) the FAA intend to allow a transfer a recreational, sport, or student pilot because the requirement is no longer student to be awarded ground training certificate in order to begin the solo needed credit on the basis of completing a phase of the private pilot certification This final rule deletes the provision proficiency test. course. This revision to part 141, under § 141.53(c)(1) that a training A student who transfers to a part 141 appendix B, paragraph 2, which states, course submitted for approval prior to pilot school and requests credit for in pertinent part, ‘‘prior to enrollment in August 4, 1997, if approved, retains previous flight training must complete a the solo flight phase of the private pilot approval until 1 year after August 4, proficiency test that is given by the certification course.’’ Prior to 1997. The requirement is no longer receiving pilot school’s chief instructor commencing the solo flight phase of his/ needed because all courses under part or delegated check instructor. A student her training, a student pilot would not 141 had to receive their re-approval as who transfers to a part 141 pilot school be required to hold any kind of pilot of August 4, 1998. The provision is now and requests credit for previous ground certificate (e.g., recreational, sport, or obsolete. training must complete a knowledge test student pilot certificate) when receiving that is given by the receiving pilot 84. This revision of § 141.55(e)(2)(ii) flight training with a flight instructor school’s chief instructor or delegated clarifies the requirement for approval of aboard. Therefore, student pilots will be check instructor. a training course required to hold a recreational, sport, or 86. This revision of § 141.85(a)(1) and student pilot certificate only when they For clarification purposes, this final begin the solo phase of their training rule has changed the phrase ‘‘the (d) further clarifies what tasks a chief instructor may delegate course. practical or knowledge test, or any The FAA agrees with the commenters’ combination thereof’’ under This final rule revises § 141.85(a)(1) recommendation and has further revised § 141.55(e)(2)(ii) to read ‘‘the practical and (d) to clarify that the chief part 141, appendix B, paragraph 2 to or knowledge test, as appropriate.’’ instructor may delegate the tasks of include the sport pilot certificate. When a pilot school requests final certification of a student’s training approval for a knowledge training record, graduation certificate, stage 88. This revision of part 141, appendix course, at least 80 percent of their check, end-of-course test report, and B, 4(b)(1)(iii), 4(b)(2)(iii), and 4(b)(5)(iii) students must have passed the recommendation for course completion conforms the instrument training in the knowledge test on the first attempt to an assistant chief instructor or other private pilot courses to instrument (knowledge test means ‘‘a test on the recommending instructor. The reason training for private pilot certification for aeronautical knowledge areas required for this revision is to allow pilot schools the airplane and powered-lift ratings for an airman certificate or rating that to make better use of chief instructors’ This final rule revises part 141, can be administered in written form or time and management responsibilities. appendix B, 4(b)(1)(iii), 4(b)(2)(iii), and by a computer’’). When a pilot school 4(b)(5)(iii) of the private pilot 87. This revision of part 141, appendix requests final approval for a flight certification courses for the airplane B, paragraph 2 amends the eligibility training course, at least 80 percent of single-engine, airplane multiengine, and requirement for enrollment in the flight their students must have passed the powered-lift ratings, to mirror the portion of a private pilot certification practical test on the first attempt requirements for private pilot course (practical test means ‘‘a test on the areas certification for the single engine of operations for an airman certificate, This final rule revises part 141, airplane, multiengine airplane, or rating, or authorization that is appendix B, paragraph 2 to require a powered-lift ratings under existing conducted by having the applicant student to hold at least a recreational or § 61.109. respond to questions and demonstrate student pilot certificate before enrolling Two commenters opposed the maneuvers in flight, in a flight in the flight portion of the private pilot proposed requirement of 3 hours of simulator, or in a flight training certification course. This means that a instrument instruction in an aircraft device’’). The current language is student must complete his or her asserting flight simulators, flight confusing and the testing requirements medical licensing before beginning training devices, and aviation training have been misapplied. flight training. Many pilot schools have devices offer equal, if not superior value

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in providing instrument training. These 90. This revision of part 141, appendix similar comments in the preamble commenters add this is especially true B, paragraph 5(b)(1) conforms the solo section of this rulemaking document in the structured, standardized cross country mileage requirement in an where we discussed this same change to environment of a part 141 program. One approved private pilot-airplane § 61.109(c). The FAA is adopting the commenter recommended permitting multiengine rating course to the revision as it was proposed in the the use of such devices for all definition of ‘‘cross country’’ NPRM. instrument training toward a private This final rule revises the solo cross 92. This revision of part 141, appendix pilot certificate. One commenter country distance requirement in part B, paragraph 5(d)(1) conforms the solo recommended permitting the use of 141, appendix B, paragraph 5(b)(1) for cross country mileage requirement in an such devices for up to half of the the private pilot certification-airplane approved private pilot-gyroplane rating required instrument training. One multiengine rating course from course to the definition of ‘‘cross commenter recommended instructors requiring a flight of ‘‘at least 50 nautical country’’ providing instrument instruction in miles’’ to ‘‘more than 50 nautical This final rule revises part 141, connection with private pilot miles.’’ The purpose of this revision is appendix B, paragraph 5(d)(1), changing certification be required to hold to conform the distance requirement the solo cross country distance instrument ratings on their instructor under this provision to the definition of requirement for the private pilot certificates. The essence of our change ‘‘cross country’’ under § 61.1(b)(3)(ii). certification-gyroplane rating course is to further clarify the intent of the rule Four commenters objected to the from ‘‘at least 75 nautical miles total and no substantive changes have been change. Two commenters recommended distance’’ to ‘‘at least 100 nautical miles made. Therefore, we are adopting the that rather than changing total distance.’’ The purpose of this revision as proposed in the NPRM. § 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), revision is to conform to the ICAO the FAA change § 61.1(b)(3)(ii) to read requirements for cross country distance, 89. This revision of part 141, appendix ‘‘at least’’ for continuity purposes. One as set forth in ICAO Annex I, paragraph B, paragraph 5(a)(1) conforms the solo commenter recommended that, if the 2.7.1.3.2, which states that the total cross country mileage requirement in a definition of cross country flight is to be distance for a cross country flight be at private pilot-airplane single engine changed to a format of ‘‘more than’’ a least 100 nautical miles. This final rule rating course to the definition of ‘‘cross number of miles, then mileages should revises the solo cross country flight country’’ be reduced by one mile (that is, change requirement in paragraph 5(d)(1) of the definition from at least fifty miles to appendix B to part 141 for the private This final rule revises the solo cross more than forty-nine miles). pilot certification-gyroplane rating country distance requirement in part We have previously responded to course from ‘‘at least 25 nautical miles’’ 141, appendix B, paragraph 5(a)(1) for these kinds of comments in the to ‘‘more than 25 nautical miles.’’ The the private pilot certification-airplane preamble section of this rulemaking purpose of this revision is also to single engine rating course from document where we discussed this conform the distance requirement requiring a flight of ‘‘at least 50 nautical same change to § 61.109(b). The FAA is definition of ‘‘cross country’’ under miles’’ to ‘‘more than 50 nautical adopting the revision as proposed in the § 61.1(b)(3)(v). miles.’’ This revision is to conform the NPRM. Three commenters objected to the distance requirement under this 91. This revision of part 141, appendix change. We have previously responded provision to the definition of ‘‘cross B, paragraph 5(c)(1) conforms the solo to similar comments in the preamble country’’ under § 61.1(b)(3)(ii). cross country mileage requirement in an section of the same change to § 61.109(d). The FAA is adopting the Five commenters objected to the approved private pilot-helicopter rating revision as proposed in the NPRM. change. One commenter asserted no course to ICAO requirements and the compelling safety or other concerns definition of ‘‘cross country’’ 93. This revision of part 141, appendix exist to mandate the change. Two This final rule revises part 141, B, paragraph 5(e)(1) conforms the solo commenters recommended that rather appendix B, paragraph 5(c)(1), changing cross country mileage requirement in an than changing § 61.109(a)(5)(ii), the solo cross country distance approved private pilot-powered-lift (b)(5)(ii), and (e)(5)(ii), the FAA change requirement for the private pilot rating course to the definition of ‘‘cross § 61.1(b)(3)(ii) to read ‘‘at least’’ for certification-helicopter rating course country’’ continuity purposes.’’ One commenter from ‘‘at least 75 nautical miles total This final rule revises the solo cross recommended that, if the definition of distance’’ to ‘‘at least 100 nautical miles country distance requirement in part cross country flight is to be changed to total distance.’’ The revision conforms 141, appendix B, paragraph 5(e)(1) for a format of ‘‘more than’’ a number of to the ICAO requirements for the cross the private pilot certification-powered- miles, then mileages should be reduced country distance, as set forth in ICAO lift rating course from ‘‘at least 50 by one mile (that is, change the Annex I, paragraph 2.7.1.3.2, which nautical miles’’ to ‘‘more than 50 definition from at least fifty miles to states that the total distance for a cross nautical miles.’’ The purpose of this more than forty-nine miles). country flight be at least 100 nautical revision is to conform the distance miles. This final rule also revises the requirement under this provision to We have previously responded to solo cross country flight requirement in definition of ‘‘cross country’’ under these kinds of comments in the part 141, appendix B, paragraph 5(c)(1) § 61.1(b)(3)(ii). preamble section of this rulemaking for the private pilot certification- Two commenters supported the document where we discussed this helicopter rating course from ‘‘at least change in the definition of cross country same change to § 61.109(a). The FAA is 25 nautical miles’’ to ‘‘more than 25 flight from ‘‘at least 50 nautical miles’’ adopting the revision as proposed in the nautical miles.’’ The purpose of this to ‘‘more than 50 nautical miles’’. We NPRM. revision is also to conform to the have previously responded to similar distance requirement in § 61.1(b)(3)(v). comments in discussion of changes to Four commenters objected to the § 61.109(e). The FAA is adopting the change. We previously responded to revision as proposed in the NPRM.

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94. This revision of part 141, appendix preamble limiting use of PCATDs to combined usage of the flight simulator, C, paragraph 4(b)(5) and (6) allows 50% of the training in a flight simulator flight training device, and aviation instrument training to be performed in or flight training device. The university training device is limited to 50 percent an aviation training device (ATD) recommended the FAA refer to of the total training hours, so only This final rule revises part 141, percentages of instrument training hour fifteen hours of the training may be appendix C, paragraph 4(b) by adding a requirements, as opposed to total flight performed in a flight simulator, flight paragraph (5). This change will allow 10 hour training requirements. This training device, and aviation training percent of the instrument training for commenter stated the reason for this is device. If the training course is the instrument rating course to be because the entirety of flight training authorized to perform three hours in an performed in an ATD. Under this hours in an instrument rating course aviation training device, then the may not be instrument training hours. remaining twelve hours may be revision, the instrument training that We are not permitting aviation performed in either a flight simulator or will be performed in an aviation training devices to be used entirely for flight training device or a combination training device will be given by the the required training; only 10 percent of of both. holder of a ground instructor certificate the total hours of instrument training in The FAA is adopting the revision as with an instrument rating or by a holder an instrument rating course may be proposed in the NPRM. of a flight instructor certificate with an performed in an aviation training 95. This revision of part 141, appendix instrument rating appropriate to the device. We believe the use of ATD in D, paragraph 5 allows the solo training instrument rating sought. The performing at least 10 percent of the requirements for the approved instrument training given in an aviation total hours of instrument training in an commercial pilot certification courses to training device will contribute to the instrument rating course has been be performed solo or with an instructor maximum 50 percent of the instrument proven to show positive results and has on board training permitted to be performed in a been beneficial in teaching instrument flight simulator or a flight training procedures. However, to consider This final rule revises part 141, device in accordance with existing part further expansion of the use of the appendix D, paragraph 5 for a 141, appendix C, paragraph 4(c). For an aviation training devices, we do not commercial pilot certification course to ATD to be used for instrument training have sufficient data at this time to make be performed either solo or with a flight under paragraph 4(d), it will have to be this change. We believe that performing instructor on board. The purpose of this approved by the FAA. The instrument the training in an area free of audible revision is to conform part 141, training in an ATD will have to be distractions makes for a good and appendix D, paragraph 5 with revised provided by an authorized instructor. professional training environment and a §§ 61.129(a)(4), (c)(4), (d)(4), and (e)(4) For a person to receive the maximum 10 rule dictating this fact is not required. for the single engine airplane, percent credit in an ATD, the person Previously, we have only allowed helicopter, gyroplane, and powered-lift could not have logged more than 40 ATDs to be used for a maximum of 10 ratings at the commercial pilot percent of the required instrument hours in instrument training. We do certification level. training course hours in a flight allow a maximum combined usage Five commenters opposed the simulator or flight training device. A between flight simulators and flight provision. Two commenters asserted view-limiting device (e.g., a hood device training devices, and now aviation solo flight contributes to the or fogged glasses) will have to be worn training devices, to be used for a development of essential self-reliance, by the applicant when logging maximum combined usage of 50 percent decisionmaking, and command skills. instrument training in the aviation of the required training time in an Three commenters stated that under the training device. instrument rating course. proposed rules, a pilot could progress to ALPA questioned the value of In part 141, appendix C, paragraph advanced certification with only ten personal computer aviation training 4(b)(4), the combined maximum usage hours of solo flight early in training. devices (PCATDs, also called ATDs) in of flight simulators and flight training Two commenters asserted no safety of developing the full skill set necessary devices, and now ATDs, is 50 percent flight data supports the proposed for instrument competency. American toward the total hours of instrument provision. One commenter Eurocopter and HAI recommended training course. For example, if an recommended a solo flight requirement requirements for use of PCATDs include instrument training course requires be retained, but that pilots be permitted a requirement that they be used in areas thirty hours of training, only a total of to obtain solo flight experience toward free of audible distraction, or that fifteen hours may be performed in a a multiengine airplane rating in a single headsets be used. combined usage of a flight simulator, engine airplane to avoid potential Four commenters opposed the flight training device, and aviation conflicts with insurance restrictions. provision limiting the use of PCATDs to training device. A flight simulator may We have previously responded to 10% of the required instrument training. only be used for a maximum of fifteen these kinds of comments in the One commenter noted use of PCATDs hours (50 percent is the maximum usage preamble section of this rulemaking can improve the quality of instrument for a flight simulator). A flight training document where we discussed this training. One commenter stated the device may only be used for a maximum same change to § 61.129(a)(4), (c)(4), value of use of PCATDs is enhanced of twelve hours (40 percent is the (d)(4), (e)(4), and (g)(2). when they are used in a structured part maximum usage for a flight training One commenter stated insurance 141 training program. Four commenters device). An aviation training device may concerns should not restrict solo flight stated that, under part 61, PCATDs may only be used for a maximum of three by commercial pilot candidates. This be used for up to 10 hours of training hours (10 percent is the maximum usage commenter stated most commercial toward an instrument rating, which for an aviation training device). In pilot training is performed in single equates to 25% of the minimum of 40 counting the hours of maximum engine fixed gear airplanes and some hours of training required under part 61. allowed usage, a flight simulator, flight low performance single engine The University of Oklahoma Aviation training device, and aviation training retractable gear airplanes, which are not Department noted that a 10% limitation device (15 hours + 12 hours + 3 hours) difficult to insure. Another commenter is inconsistent with language in the equates to thirty hours. However, the asserted that insurance policy

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restrictions on the use of multiengine stated the visual navigation skills requirements rather than reduce training airplanes may present difficulties for required for VFR cross country flight requirements. private pilot applicants from flying solo. should not be deemphasized. One We have previously responded to this The Greater St. Louis Flight Instructor commenter stated commercial pilot- kind of comment in the preamble Association rejected the argument that helicopter candidates should be section of this rulemaking document flights with an instructor on board foster required to perform cross country flights where we discussed this same change to cockpit resource management (CRM) under VFR because helicopters typically § 61.129(d)(3)(iii). The FAA is adopting skills, noting that the purpose of part 61 operate under VFR. the revision as proposed in the NPRM. training is to prepare pilots to fly to This final rule provides that the 98. This revision of part 141, appendix single-pilot standards, not to prepare nighttime cross country training flight D, paragraph 4(d)(4)(vi) requires ground them for a future airline career. The requirements (See paragraphs (b)(1)(iv), reference maneuvers as an area of association also argued the proposed (b)(2)(iv), (b)(3)(iii), (b)(5)(iii), and operation for the gyroplane rating in the provision subverts the intent of § 91.3 (b)(7)(iii)) in the commercial pilot commercial pilot certificate course which defines the PIC as directly certification courses to read ‘‘One cross responsible for, and the final authority country flight during nighttime This final rule revises part 141, appendix D, paragraph 4(d)(4)(vi) on, the operation of the aircraft. Finally, conditions.’’ This revision will permit requiring ground reference maneuvers the association asserted students the nighttime cross country training as an area of operation for the gyroplane ostensibly acting as PIC will defer to flight to be performed under IFR or rating in the commercial pilot certificate flight instructors and examiners. under VFR. course. This will conform part 141, The FAA acknowledges the comments We have previously responded to received about this proposal. We have appendix D, paragraph 4(d)(4)(vi) with these kinds of comments in the previously responded to these kinds of revised § 61.127(b)(4)(vi) requiring flight preamble section of this rulemaking comments in the preamble section of proficiency in ‘‘ground reference document where we discussed this this rulemaking document where we maneuvers’’ for the gyroplane rating in same change to § 61.129(a)(3)(iii) and discussed this same change to the commercial pilot certificate course. (iv), (b)(3)(iii) and (iv), (c)(3)(iii) and § 61.129(a)(4), (c)(4), (d)(4), (e)(4), and The ground reference maneuvers must (iv), (d)(2)(ii), (e)(3)(ii) and (iii), and (g)(2). include at least ‘‘eights around a pylon,’’ (g)(3)(ii) and (iii). The FAA is adopting ‘‘eights along a road,’’ ‘‘rectangular 96. This revision of part 141, appendix the revision as it was proposed in the course,’’ ‘‘S-turns,’’ and ‘‘turns around a D, paragraph 4 allows the cross country NPRM. point.’’ training flights for the approved Flights in helicopters are mostly commercial pilot certification courses to flown VFR; however, some helicopters 99. This revision of part 141, appendix be performed under VFR or IFR now have modern instruments and D, paragraph 4(b)(1)(ii) allows the This final rule revises part 141, navigation equipment installed and are complex airplane training for the appendix D, paragraph 4 to allow cross able to be flown IFR. The rule does not approved commercial pilot certification country training flights in the require the flights to be flown IFR or course-airplane single engine rating to commercial pilot certification courses to VFR, it leaves it to the discretion of the be performed in either a single or be performed under VFR or IFR. This instructor and the student’s needs. multiengine complex airplane revision responds positively to 97. This revision of part 141, appendix This final rule revises the complex recommended changes to part 141 from D, paragraph 4(b)(4)(iii) deletes the airplane training requirement for the some pilot schools. cross country training at nighttime commercial pilot certification course for From the time that the cross country requirement for the commercial pilot the single engine airplane rating under training requirements under part 141, certification course for the gyroplane part 141, appendix D, paragraph appendix D, paragraph 4 were rating 4(b)(1)(ii). This revision is in response promulgated, the FAA has received to the AOPA’s petition for rulemaking of recommendations from several pilot This final rule deletes the cross February 11, 1999. This final rule will schools and companies that prepare country training at nighttime allow the commercial pilot certification training courses to amend the requirement in part 141, appendix D, course for the single engine airplane requirements to allow cross country paragraph 4(b)(4)(iii) for the commercial rating to be approved with use of either flights to be performed under IFR. The pilot certification course for the a complex single engine airplane or a basis for their recommendation is that gyroplane rating. The FAA determined complex multiengine airplane. The use most commercial pilot training that nighttime training for the gyroplane of either a complex single engine applicants for airplane ratings and some rating for the commercial pilot airplane or a complex multiengine for helicopter ratings are concurrently certification course will be more useful airplane to meet the single engine enrolled in an instrument rating course. and more safely conducted near an airplane training requirements is The FAA agrees that it makes sense to airport, because gyroplanes have very permitted under existing allow these cross country training limited equipment and systems for § 61.129(a)(3)(ii) for those training requirements to be performed under IFR nighttime cross country operations. organizations that have chosen not to be or VFR. This final rule revises the Two commenters objected to the approved under part 141. The FAA has requirements for the daytime cross elimination of the nighttime cross determined that the current provision country training flight (See paragraphs country requirement for a commercial under part 141 may create an unfair (b)(1)(iii), (b)(2)(iii), (b)(3)(ii), (b)(4)(ii), gyroplane certification. The commenters financial burden on applicants at a part (b)(5)(ii), (b)(7)(ii)) to read ‘‘One cross asserted if commercial gyrocopter pilots 141 pilot school versus those applicants country flight during daytime are permitted to carry passengers at who receive their training other than conditions.’’ This change will permit night, their training should reflect it. through a part 141 pilot school. the daytime cross country training flight The commenters also stated that if Therefore, this final rule deletes the to be performed under IFR or VFR. gyroplanes are not equipped to conduct word ‘‘single-engine’’ from paragraph Two commenters opposed the nighttime cross country operations, then 4(b)(1)(ii) of part 141, appendix D, so proposed provision. The commenters the FAA should revisit equipment the rule will merely read as ‘‘10 hours

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of training in an airplane that has specifically require the flight experience not increase the total time of the retractable landing gear, flaps, and a to be performed in a complex single commercial pilot certification course. controllable pitch propeller, or is engine airplane. The flight experience We believe that most commercial pilot turbine-powered.’’ may be obtained in either a complex certificate applicants are concurrently Six commenters supported the single engine airplane or complex enrolled in an instrument rating course, proposed provisions permitting use of a multiengine airplane. and we believe this revision of allowing complex multiengine airplane to satisfy this additional five hours of instrument 100. This revision of part 141, appendix the complex airplane experience training in the commercial pilot D, paragraphs 4(b)(1)(i), (2)(i), (3)(i), requirement for a commercial single certification course will be beneficial to (4)(i), (5)(i), and (7)(i) clarifies the engine airplane rating. Two commenters those applicants concurrently enrolled instrument training for the commercial recommended the provision be in an instrument rating course. extended to part 61. Two commenters, pilot certification courses for the We have previously responded to including LeTourneau University, airplane single-engine, airplane these kinds of comments in the recommended pilots be permitted to multiengine, helicopter, gyroplane, preamble section of this rulemaking train in both multiengine and single powered-lift, and airship ratings document where we discussed this engine airplanes, and obtain both This final rule revises part 141, same change to § 61.57(c). The FAA is airplane single engine and airplane appendix D, paragraphs 4(b)(1)(i), (2)(i), adopting the revision as proposed in the multiengine ratings by taking one just (3)(i), (4)(i), (5)(i), and (7)(i) to clarify NPRM. one practical test in a multiengine that the tasks required for ‘‘instrument 101. This revision of part 141, appendix airplane. training’’ in the commercial pilot Five commenters, including the Joint certification courses for the airplane E, paragraph 2 requires pilots enrolled Commenters, recommended the single-engine, airplane multiengine, in an ATP certification course to have development of alternatives to the rotorcraft helicopter, rotorcraft met the ATP aeronautical experience complex airplane experience gyroplane, powered-lift, and airship requirements of part 61, subpart G prior requirement. Two commenters ratings require the use of a view-limiting to completion of the course recommended the proposed provisions device (e.g., use of a hood device, fogged This final rule revises part 141, permit use of FADEC-equipped goggles, etc.). This revision is in appendix E, paragraph 2 to establish airplanes instead of controllable-pitch response to inquiries about what tasks that a person must first meet the propeller airplanes, as allowed under are required to satisfy ‘‘instrument aeronautical experience requirements FAA Notice 8000.331. The Joint training’’ for commercial pilot under part 61, subpart G, for an ATP Commenters recommended eliminating certification courses. certificate before completing the flight the retractable gear requirement or This revision will parallel the revised portion of an ATP certification course. reinstating provisions permitting changes to instrument training under The purpose of this revision is to clarify experience in either a complex or a § 61.129 for the airplane single-engine, that a person who completes the ATP high-performance airplane. One airplane multiengine, rotorcraft certification course must also have met commenter recommended the FAA helicopter, rotorcraft gyroplane, the appropriate ATP aeronautical modify aeronautical experience and powered-lift, and airship ratings at the experience of part 61, subpart G before practical test requirements for commercial pilot certification level. applying for the ATP certificate. commercial pilot airplane ratings and Three commenters objected to the The existing language in part 141, flight instructor airplane ratings to increase in required instrument training appendix E, paragraph 2 has been permit use of Technically Advanced from five hours to ten hours, and misinterpreted by some to mean that a Aircraft (TAA) instead of complex recommended the requirement of five person could apply for an ATP airplanes. Five commenters hours be retained. Flight Safety certificate after meeting only part 141, recommended that the requirement that International stated that, unlike part 61, appendix E, paragraph 2.(a), (b), (c), or commercial pilots have complex part 141 commercial pilot candidates (d) of that part. This is not correct, airplane experience be eliminated. Four must have an instrument rating before because an applicant for an ATP commenters noted few single engine completing the commercial pilot course; certificate must also have met the airplanes produced today fall under the therefore an increase in the amount of appropriate aeronautical experience definition of complex airplanes, and instrument training required for a requirements under part 61, subpart G. asserted the requirement forces schools commercial pilot certificate is not The introductory language in part 141, to maintain antiquated airplanes simply necessary. Six commenters objected to appendix E, paragraph 2 clarifies that an to meet the requirement. Three the unqualified requirement that a view- applicant for an ATP certificate must commenters stated authority to operate limiting device be used for instrument also have met the appropriate complex airplanes is adequately training. The commenters asserted aeronautical experience requirements addressed by requiring an endorsement. students should be permitted to train under part 61, subpart G prior to One commenter asserted complex without a view-limiting device in actual completion of the flight portion of the airplane experience is unnecessary for IMC or when using a flight simulator, airline transport pilot (ATP) activities such as clear weather flight training device, or PCATD. Three certification course. sightseeing flights and flight instruction. commenters recommended the rule be This commenter recommended an modified to require training in actual 102. This revision of part 141, appendix allowance for commercial pilot and IMC or using a view-limiting device. I, paragraphs 3 and 4 clarifies the flight instructor certificates without There is an increase of instrument ground and flight training required for complex airplane experience. training from five hours to ten hours; the approved additional category and/or The FAA acknowledges comments however, five hours of instrument class rating course received on this proposal. This change training in the aircraft remains at five This final rule revises paragraphs 3 already exists in § 61.129(a)(3)(ii) as the hours in the aircraft, and the other five and 4 of appendix I to part 141 to clarify complex airplane training for the hours is permitted to be performed in a the ground and flight training required commercial pilot certificate for the flight simulator, flight training device, for the additional category and/or class single engine airplane rating does not or an aviation training device. We did rating course. This revision was

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developed in response to confusion inoperative scenarios. Two commenters International Compatibility about what is the amount of ground and asserted the training requirements under In keeping with U.S. obligations flight training required for an add-on part 141 are unnecessarily burdensome. under the Convention on International aircraft category and/or class rating Four commenters stated pilots have Civil Aviation, it is FAA policy to course. greater flexibility when seeking to add comply with International Civil The confusion arises because of the a class rating to an existing certificate Aviation Organization (ICAO) Standards language of the former paragraphs 3 and under part 61 than they do under part and Recommended Practices to the 4 of part 141, appendix I which states 141. maximum extent practicable. There is that training must be in areas ‘‘that are Two commenters objected to the one revision in this final rule document specific to that aircraft category and prescription of minimum training hour (See Revision No. 71) where the FAA class rating and pilot certificate level for requirements when no such has amended § 61.159(d) and (e) to which the course applies.’’ Many requirements exist under part 61. The conform our ATP certification believed this language did not clearly commenters recommended the state what the required ground and requirements to ICAO Standards and minimum training hour requirements Recommended Practices. flight training amounts and content for under part 141 be eliminated or part 141 ‘‘add-on’’ category/class courses were. flight schools be granted discretion to Regulatory Evaluation, Regulatory This final rule expands the content of deviate from specified requirements, Flexibility Determination, International paragraphs 3 and 4 of part 141, similar to that granted under § 61.63(c). Trade Impact Assessment, and appendix I for the additional category Alternatively, the University of Unfunded Mandates Assessment and/or class rating courses to specify the Oklahoma Aviation Department Changes to Federal regulations must required amount of ground and flight recommended training at least as undergo several economic analyses. training and their content for an add-on extensive and rigorous as the part 141 First, Executive Order 12866 directs that aircraft category and/or class rating requirements be prescribed under part each Federal agency shall propose or course at the recreational pilot, private 61. adopt a regulation only upon a reasoned pilot, commercial pilot, and ATP determination that the benefits of the certification levels. Revised paragraphs One commenter questioned the 3 and 4 establish the required amount amount of training required to add a intended regulation justify its costs. of ground and flight training and their single engine airplane rating to a Second, the Regulatory Flexibility Act content for just an ‘‘add-on’’ class rating commercial certificate with a of 1980 (Pub. L. 96–354) requires (i.e., where the applicant already holds multiengine airplane rating. The agencies to analyze the economic a rating in that aircraft category, and the commenter asserted that training in a impact of regulatory changes on small course at issue is only for an added class single engine airplane is less entities. Third, the Trade Agreements rating within that aircraft category) at complicated, and therefore transitioning Act (Pub. L. 96–39) prohibits agencies the various pilot certification levels. from a multiengine airplane to a single from setting standards that create One commenter generally agreed that engine airplane should require less unnecessary obstacles to the foreign reducing overall ground and flight time training than transitioning from a single commerce of the United States. In requirements under appendix I is an engine airplane to a multiengine developing U.S. standards, this Trade improvement but opposes some of the airplane. The commenter stated that in Act requires agencies to consider remaining requirements. Flight Safety some areas, such as a cross country international standards and, where International asserted the proposed flight or instrument flight, the flight appropriate, that they be the basis of revisions to appendix I do little to should be able to be completed without U.S. standards. Fourth, the Unfunded improve understanding and readability. the need for additional training. The Mandates Reform Act of 1995 (Pub. L. Three commenters recommended commenter also argued fifteen hours of 104–4) requires agencies to prepare a eliminating the cross country flight ground training is excessive for the written assessment of the costs, benefits, requirements for adding a multiengine transition from the multiengine airplane and other effects of proposed or final rating to a private or commercial rating to the single engine airplane rules that include a Federal mandate certificate with a single engine rating, rating. likely to result in the expenditure by State, local, or Tribal governments, in stating the skills required to fly cross The FAA acknowledges the comment the aggregate, or by the private sector, of country in a multiengine airplane do not received on this proposal, and has $100 million or more annually (adjusted differ significantly from those required determined that the nature of the for inflation with base year of 1995). to fly cross country in a single engine comment does not require us to revise This portion of the preamble airplane. One commenter asserted any or withdraw this proposal. The essence summarizes the FAA’s analysis of the differences in these two areas could be of the change is merely to further clarify economic impacts of this final rule. We adequately addressed in ground the intent of the rule and no substantive suggest readers seeking greater detail training. changes have been made. Therefore, the read the full regulatory evaluation, a Two commenters questioned the need FAA is adopting the revision as it was copy of which we have placed in the for training in areas such as night flight, proposed in the NPRM. complex airplanes operations, or flight docket for this rulemaking. by reference to instruments when Regulatory Notices and Analyses In conducting these analyses, FAA adding a multiengine airplane rating to Paperwork Reduction Act has determined that this final rule: (1) a commercial certificate. These Has benefits that justify its costs, (2) is commenters stated pilots will already Information collection requirements not an ‘‘economically significant have experience in these areas. These associated with this final rule have been regulatory action’’ as defined in section commenters also asserted the hours approved previously by the Office of 3(f) of Executive Order 12866, (3) is required for cross country, instrument, Management and Budget (OMB) under ‘‘significant’’ as defined in DOT’s and night flight training would be better the provisions of the Paperwork Regulatory Policies and Procedures; (4) spent practicing maneuvers or Reduction Act of 1995 (44 U.S.C. will not have a significant economic approaches, or multiengine specific 3507(d)) and have been assigned OMB impact on a substantial number of small topics, such as VMC or engine- Control Numbers 2120–0009 and 0021. entities; (5) will not create unnecessary

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obstacles to the foreign commerce of the goggle training in year 1) ÷ 650 power and responsibilities among the United States; and (6) will not impose (estimated population that will receive various levels of government, and an unfunded mandate on State, local, or night vision goggle training in year 1)). therefore will not have federalism Tribal governments, or on the private Since the training is optional these implications. sector by exceeding the threshold small costs will not impose a burden on Environmental Analysis identified above. These analyses are any small entity. Also, this revision summarized below. could result in annual cost savings of FAA Order 1050.1E identifies FAA This final rule revises the training, about $625 per rotorcraft pilot and a actions that are categorically excluded qualification, certification, and cost savings of about $430 per general from preparation of an environmental operating requirements for pilots, flight aviation pilot by allowing the use of assessment or environmental impact instructors, ground instructors, and alternate methods to maintain statement under the National pilot schools. These changes are needed instrument currency. We do not Environmental Policy Act in the to clarify, update, and correct our consider these costs or cost-savings to absence of extraordinary circumstances. existing regulations. be significant. Therefore, as the FAA The FAA has determined this revised For the revisions that we were able to Administrator, I certify that this rule rulemaking action qualifies for the quantify the cost savings, we estimate will not have a significant economic categorical exclusion identified in this rule change to generate cost savings impact on a substantial number of small paragraph 307(k) and involves no of $34.0 million ($23.8 million, entities. extraordinary circumstances. discounted) and costs of $7.0 million ($5.3 million, discounted) over the International Trade Impact Assessment Regulations That Significantly Affect 2009–2018 time period. Therefore, this The Trade Agreements Act of 1979 Energy Supply, Distribution, or Use final rule is estimated to generate net (Pub. L. 96–39) prohibits Federal The FAA has analyzed this final rule cost savings of $26.9 million ($18.5 agencies from establishing any in accordance with Executive Order million, discounted) over the same ten- standards or engaging in related 13211, Actions Concerning Regulations year period and is cost-beneficial. activities that create unnecessary that Significantly Affect Energy Supply, obstacles to the foreign commerce of the Regulatory Flexibility Determination Distribution, or Use (May 18, 2001). We United States. Legitimate domestic have determined that it is not a The Regulatory Flexibility Act of 1980 objectives, such as safety, are not ‘‘significant energy action’’ under the (Pub. L. 96–354) (RFA) establishes ‘‘as a considered unnecessary obstacles. The Executive Order, because it is not a principle of regulatory issuance that statute also requires consideration of ‘‘significant regulatory action’’ under agencies shall endeavor, consistent with international standards and, where Executive Order 12866, and it is not the objectives of the rule and of appropriate, that they be the basis for likely to have a significant adverse effect applicable statutes, to fit regulatory and U.S. standards. The FAA has assessed on the supply, distribution, or use of informational requirements to the scale the potential effect of this revised rule energy. of the businesses, organizations, and and has determined that it will have governmental jurisdictions subject to only a domestic impact and therefore no Availability of Rulemaking Documents regulation. To achieve this principle, affect on international trade. (1) You can get an electronic copy of agencies are required to solicit and this final rule through the Internet by: consider flexible regulatory revisions Unfunded Mandates Assessment Searching the Department of and to explain the rationale for their Title II of the Unfunded Mandates Transportation’s electronic Docket actions to assure that such revisions are Reform Act of 1995 (Pub. L. 104–4) Management System (DMS) Web page at given serious consideration.’’ The RFA requires each Federal agency to prepare http://dms.dot.gov/search; covers a wide-range of small entities, a written statement assessing the effects (2) Visiting the FAA’s Regulations and including small businesses, not-for- of any Federal mandate in a proposed or Policies Web page at: http:// profit organizations, and small final agency rule that may result in an www.faa.gov/regulations_policies; or governmental jurisdictions. expenditure of $100 million or more (3) Accessing the Government Agencies must perform a review to (adjusted annually for inflation with the Printing Office’s Web page at: http:// determine whether a rule will have a base year 1995) in any one year by State, www.gpoaccess.gov/fr/index.html. significant economic impact on a local, and Tribal governments, in the You can also get a copy of this final substantial number of small entities. If aggregate, or by the private sector; such rule by sending a request to the Federal the agency determines that it will, the a mandate is deemed to be a ‘‘significant Aviation Administration, Office of agency must prepare a regulatory regulatory action.’’ The level equivalent Rulemaking, ARM–1, 800 Independence flexibility analysis as described in the of $100 million in CY 1995, adjusted for Avenue SW., Washington, DC 20591, or RFA. inflation to CY 2007 levels by the by calling (202) 267–9680. Make sure to However, if an agency determines that Consumer Price Index for all Urban identify the docket number, notice a rule is not expected to have a Consumers (CPI–U) as published by the number, or amendment number of this significant economic impact on a Bureau of Labor Statistics, is $136.1 final rulemaking document. substantial number of small entities, million. This revised rule does not Small Business Regulatory Enforcement section 605(b) of the RFA provides that contain such a mandate. the head of the agency may so certify Fairness Act and a regulatory flexibility analysis is Executive Order 13132, Federalism The Small Business Regulatory not required. The certification must The FAA has analyzed this final rule Enforcement Fairness Act (SBREFA) of include a statement providing the under the principles and criteria of 1996 requires the FAA to comply with factual basis for this determination, and Executive Order 13132, Federalism. We small entity requests for information or the reasoning should be clear. determined that this final rulemaking advice about compliance with statutes The cost of the additional training for action will not have a substantial direct and regulations within its jurisdiction. If the night vision goggle rules is about effect on the States, on the relationship you are a small entity and you have a $1,800 per pilot ($1,800 ≈ $1,167,138 between the national Government and question regarding this document, you (undiscounted cost of night vision the States, or on the distribution of may contact your local FAA official, or

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the person listed under the FOR FURTHER training or flight training in accordance appropriate airman and medical recency INFORMATION CONTACT heading at the with the privileges and limitations of requirements of the country that issued beginning of the preamble. You can find his or her flight instructor certificate; or the license, specific to the operation. out more about SBREFA on the Internet * * * * * ■ 4. Amend § 61.3 by revising at http://www.faa.gov/ (12) Night vision goggles means an paragraphs (a) introductory text, (a)(1), regulations_policies/rulemaking/ appliance worn by a pilot that enhances (a)(2)(i), (b) introductory text, (b)(1), sbre_act/. the pilot’s ability to maintain visual (c)(1), (c)(2)(ii), (c)(2)(iii), (c)(2)(v) List of Subjects surface reference at night. introductory text, (c)(2)(xi), (c)(2)(xii), (13) Night vision goggle operation (f)(1)(i), (f)(2)(i), (f)(2)(ii), (g)(1)(i), 14 CFR Part 61 means the portion of a flight that occurs (g)(2)(i), and (g)(2)(ii) to read as follows: Aircraft, Airmen, Alcohol abuse, during the time period from 1 hour after Aviation safety, Drug abuse, Recreation sunset to 1 hour before sunrise where § 61.3 Requirement for certificates, and recreation areas, Reporting and the pilot maintains visual surface ratings, and authorizations. recordkeeping requirements, Security reference using night vision goggles in (a) Pilot certificate. No person may measures, Teachers. an aircraft that is approved for such an serve as a required pilot flight operation. crewmember of a civil aircraft of the 14 CFR Part 91 * * * * * United States, unless that person— Afghanistan, Agriculture, Air traffic ■ 3. Add a new § 61.2 to read as follows: (1) Has a pilot certificate or special control, Aircraft, Airmen, Airports, purpose pilot authorization issued Aviation safety, Canada, Cuba, Ethiopia, § 61.2. Exercise of Privilege under this part in that person’s physical Freight, Mexico, Noise control, Political (a) Validity. No person may: possession or readily accessible in the candidates, Reporting and (1) Exercise privileges of a certificate, aircraft when exercising the privileges recordkeeping requirements, rating, endorsement, or authorization of that pilot certificate or authorization. Yugoslavia. issued under this part if the certificate, However, when the aircraft is operated rating or authorization is surrendered, within a foreign country, a pilot license 14 CFR Part 141 suspended, revoked or expired. issued by that country may be used; and Airmen, Educational facilities, (2) Exercise privileges of a flight (2) * * * Reporting and recordkeeping instructor certificate if that flight (i) Driver’s license issued by a State, requirements, Schools. instructor certificate is surrendered, the District of Columbia, or territory or possession of the United States; The Amendment suspended, revoked or expired. (3) Exercise privileges of a foreign * * * * * ■ In consideration of the foregoing, the pilot certificate to operate an aircraft of (b) Required pilot certificate for Federal Aviation Administration foreign registry under § 61.3(b) if the operating a foreign-registered aircraft. amends Chapter I of Title 14, Code of certificate is surrendered, suspended, No person may serve as a required pilot Federal Regulations, as follows: revoked or expired. flight crewmember of a civil aircraft of (4) Exercise privileges of a pilot foreign registry within the United PART 61—CERTIFICATION: PILOTS certificate issued under § 61.75, or an States, unless that person’s pilot AND FLIGHT INSTRUCTORS authorization issued under § 61.77, if certificate— the foreign pilot certificate relied upon (1) Is in that person’s physical ■ 1. The authority citation for part 61 for the issuance of the U.S. pilot possession, or readily accessible in the continues to read as follows: certificate or authorization is aircraft when exercising the privileges Authority: 49 U.S.C. 106(g), 40113, 44701– surrendered, suspended, revoked or of that pilot certificate; and 44703, 44707, 44709–44711, 45102–45103, expired. * * * * * 45301–45302. (5) Exercise privileges of a medical (c) * * * ■ 2. Amend § 61.1 by: certificate issued under part 67 to meet (1) A person may serve as a required ■ a. Revising paragraphs (b)(2)(i) and any requirements of part 61 if the pilot flight crewmember of an aircraft (ii); medical certificate is surrendered, only if that person holds the appropriate ■ b. Redesignating existing paragraphs suspended, revoked or expired medical certificate issued under part 67 (b)(12) through (16) as paragraphs according to the duration standards set of this chapter, or other documentation (b)(14) through (18); and forth in § 61.23(d). acceptable to the FAA, that is in that ■ c. Adding a new paragraphs (b)(12) (6) Use an official government issued person’s physical possession or readily and (13) to read as follows: driver’s license to meet any accessible in the aircraft. Paragraph requirements of part 61 related to (c)(2) of this section provides certain § 61.1 Applicability and definitions. holding that driver’s license, if the exceptions to the requirement to hold a * * * * * driver’s license is surrendered, medical certificate. (b) * * * suspended, revoked or expired. (2) * * * (2) * * * (b) Currency. No person may: (ii) Is exercising the privileges of a (i) A person who holds a ground (1) Exercise privileges of an airman student pilot certificate while seeking a instructor certificate issued under part certificate, rating, endorsement, or sport pilot certificate with other than 61 of this chapter and is in compliance authorization issued under this part glider or balloon privileges and holds a with § 61.217, when conducting ground unless that person meets the appropriate U.S. driver’s license; training in accordance with the airman and medical recency (iii) Is exercising the privileges of a privileges and limitations of his or her requirements of this part, specific to the student pilot certificate while seeking a ground instructor certificate; operation or activity. pilot certificate with a weight-shift- (ii) A person who holds a flight (2) Exercise privileges of a foreign control aircraft category rating or a instructor certificate issued under part pilot license within the United States to powered parachute category rating and 61 of this chapter and is in compliance conduct an operation described in holds a U.S. driver’s license; with § 61.197, when conducting ground § 61.3(b), unless that person meets the * * * * *

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(v) Is exercising the privileges of a (1) An airline transport pilot under this part, and that has been sport pilot certificate with other than certificate issued before May 1, 1949, or suspended or revoked, must return that glider or balloon privileges and holds a an airline transport pilot certificate that certificate to the FAA when requested to U.S. driver’s license. A person who has contains a horsepower limitation. do so by the Administrator. applied for or held a medical certificate (2) A private or commercial pilot * * * * * may exercise the privileges of a sport certificate issued before July 1, 1945. ■ 7. Amend § 61.23 by: pilot certificate using a U.S. driver’s (3) A pilot certificate with a lighter- ■ a. Revising paragraph (a)(3)(iv); license only if that person— than-air or free-balloon rating issued ■ b. Redesignating paragraph (a)(3)(v) as * * * * * before July 1, 1945. (a)(3)(vi); (xi) Is operating an aircraft with a U.S. (c) An airline transport pilot ■ c. Adding new paragraphs (a)(3)(v) pilot certificate, issued on the basis of certificate that was issued after April 30, and (vii); a foreign pilot license, issued under 1949, and that bears an expiration date ■ d. Revising newly re-designated § 61.75, and holds a medical certificate but does not contain a horsepower paragraph (a)(3)(vi); issued by the foreign country that issued limitation, may have that airline ■ e. Revising paragraph (b) introductory the foreign pilot license, which is in that transport pilot certificate re-issued text and paragraphs (b)(3), (b)(7), and person’s physical possession or readily without an expiration date. (b)(8); accessible in the aircraft when (d) A private or commercial pilot ■ f. Adding a new paragraph (b)(9); and exercising the privileges of that airman certificate that was issued after June 30, ■ g. Revising paragraph (c)(1) certificate. 1945, and that bears an expiration date, introductory text and (c)(2) introductory (xii) Is a pilot of the U.S. Armed may have that pilot certificate reissued text. Forces, has an up-to-date U.S. military without an expiration date. The revisions and additions read as (e) A pilot certificate with a lighter- medical examination, and holds follows: military pilot flight status. than-air or free-balloon rating that was * * * * * issued after June 30, 1945, and that § 61.23 Medical certificates: Requirement (f) * * * bears an expiration date, may have that and duration. (1) * * * pilot certificate reissued without an (a) * * * (i) Holds a Category II pilot expiration date. (3) * * * authorization for that category or class ■ 6. Amend § 61.19 by revising (iv) When exercising the privileges of of aircraft, and the type of aircraft, if paragraphs (b), (d), and (e); removing a flight instructor certificate and acting applicable; or paragraph (f); re-designating (g) as as the pilot in command; * * * * * paragraph (f); revising newly re- (v) When exercising the privileges of (2) * * * designated paragraph (f); and re- a flight instructor certificate and serving (i) Holds a pilot certificate with designating paragraph (h) as (g) to read as a required pilot flight crewmember; category and class ratings for that as follows: (vi) When taking a practical test in an aircraft and an instrument rating for that aircraft for a recreational pilot, private category aircraft; § 61.19 Duration of pilot and instructor pilot, commercial pilot, or airline certificates. (ii) Holds an airline transport pilot transport pilot certificate, or for a flight certificate with category and class * * * * * instructor certificate; or ratings for that aircraft; or (b) Student pilot certificate. (vii) When performing the duties as (1) For student pilots who have not * * * * * an Examiner in an aircraft when reached their 40th birthday, the student (g) * * * administering a practical test or pilot certificate does not expire until 60 (1) * * * proficiency check for an airman calendar months after the month of the (i) Holds a Category III pilot certificate, rating, or authorization. date of examination shown on the authorization for that category or class (b) Operations not requiring a medical medical certificate. of aircraft, and the type of aircraft, if certificate. A person is not required to (2) For student pilots who have applicable; or hold a medical certificate— reached their 40th birthday, the student * * * * * * * * * * (2) * * * pilot certificate does not expire until 24 calendar months after the month of the (3) When exercising the privileges of (i) Holds a pilot certificate with a pilot certificate with a glider category category and class ratings for that date of examination shown on the rating or balloon class rating in a glider aircraft and an instrument rating for that medical certificate. or a balloon, as appropriate; category aircraft; (3) For student pilots seeking a glider (ii) Holds an airline transport pilot or balloon rating only, the student pilot * * * * * certificate with category and class certificate does not expire until 60 (7) When serving as an Examiner or ratings for that aircraft; or calendar months after the month of the check airman and administering a * * * * * date issued, regardless of the person’s practical test or proficiency check for an age. airman certificate, rating, or ■ 5. Revise § 61.11 to read as follows: * * * * * authorization conducted in a glider, § 61.11 Expired pilot certificates and re- (d) Flight instructor certificate. Except balloon, flight simulator, or flight issuance. as specified in § 61.197(b), a flight training device; (a) No person who holds an expired instructor certificate expires 24 calendar (8) When taking a practical test or a pilot certificate or rating may act as pilot months from the month in which it was proficiency check for a certificate, in command or as a required pilot flight issued, renewed, or reinstated, as rating, authorization or operating crewmember of an aircraft of the same appropriate. privilege conducted in a glider, balloon, category or class that is listed on that (e) Ground instructor certificate. A flight simulator, or flight training expired pilot certificate or rating. ground instructor certificate is issued device; or (b) The following pilot certificates and without a specific expiration date. (9) When a military pilot of the U.S. ratings have expired and will not be (f) Return of certificates. The holder of Armed Forces can show evidence of an reissued: any airman certificate that is issued up-to-date medical examination

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authorizing pilot flight status issued by (d) * * * (iv) Normal, abnormal, and emergency the U.S. Armed Forces and— (1) Hold the appropriate category, flight operations using night vision (i) The flight does not require higher class, and type rating (if a class or type goggles. than a third-class medical certificate; rating is required) for the aircraft to be (3) The requirements under and flown; or paragraphs (k)(1) and (2) of this section (ii) The flight conducted is a domestic (2) Have received training required by do not apply if a person can document flight operation within U.S. airspace. this part that is appropriate to the pilot satisfactory completion of any of the (c) * * * certification level, aircraft category, following pilot proficiency checks using (1) A person must hold and possess class, and type rating (if a class or type night vision goggles in an aircraft: either a medical certificate issued under rating is required) for the aircraft to be (i) A pilot proficiency check on night part 67 of this chapter or a U.S. driver’s flown, and have received an vision goggle operations conducted by license when exercising the privileges endorsement for solo flight in that the U.S. Armed Forces. of— aircraft from an authorized instructor. (ii) A pilot proficiency check on night * * * * * * * * * * vision goggle operations under part 135 (2) A person using a U.S. driver’s (k) Additional training required for of this chapter conducted by an license to meet the requirements of this night vision goggle operations. (1) Examiner or Check Airman. paragraph must— Except as provided under paragraph (iii) A pilot proficiency check on * * * * * (k)(3) of this section, a person may act night vision goggle operations ■ 8. Amend § 61.25 by revising as pilot in command of an aircraft using conducted by a night vision goggle paragraph (a)(1) to read as follows: night vision goggles only if that person manufacturer or authorized instructor, receives and logs ground training from when the pilot— § 61.25 Change of name. an authorized instructor and obtains a (A) Is employed by a Federal, State, (a) * * * logbook or training record endorsement county, or municipal law enforcement (1) Airman certificate; and from an authorized instructor who agency; and * * * * * certifies the person completed the (B) Has logged at least 20 hours as ■ 9. Amend § 61.29 by: ground training. The ground training pilot in command in night vision goggle ■ a. Removing paragraph (d)(3); must include the following subjects: operations. ■ b. Redesignating existing paragraphs (i) Applicable portions of this chapter * * * * * (d)(4) and (5) as paragraphs (d)(3) and that relate to night vision goggle ■ 11. Amend § 61.35 by revising (4); and limitations and flight operations; paragraph (a)(2)(iv) to read as follows: ■ c. Revising newly re-designated (ii) Aeromedical factors related to the paragraphs (d)(3) and (4) to read as use of night vision goggles, including § 61.35 Knowledge test: Prerequisites and follows: how to protect night vision, how the passing grades. eyes adapt to night, self-imposed § 61.29 Replacement of a lost or destroyed (a) * * * airman or medical certificate or knowledge stresses that affect night vision, effects (2) * * * test report. of lighting on night vision, cues used to (iv) If the permanent mailing is a post estimate distance and depth perception office box number, then the applicant * * * * * at night, and visual illusions; (d) * * * must provide a current residential (iii) Normal, abnormal, and (3) The certificate holder’s date and address. emergency operations of night vision place of birth; and * * * * * (4) Any information regarding the— goggle equipment; ■ (iv) Night vision goggle performance 12. Amend § 61.39 by revising (i) Grade, number, and date of paragraphs (a)(4), (a)(6)(i), (b)(2), (c)(1), issuance of the airman certificate and and scene interpretation; and (v) Night vision goggle operation (c)(2), (d), and (e) to read as follows: ratings, if appropriate; (ii) Class of medical certificate, the flight planning, including night terrain § 61.39 Prerequisites for practical tests. place and date of the medical exam, interpretation and factors affecting (a) * * * name of the Airman Medical Examiner terrain interpretation. (4) Hold at least a third-class medical (2) Except as provided under (AME), and the circumstances certificate, if a medical certificate is paragraph (k)(3) of this section, a person concerning the loss of the original required; may act as pilot in command of an medical certificate, as appropriate; and aircraft using night vision goggles only * * * * * (iii) Date the knowledge test was (6) * * * taken, if appropriate. if that person receives and logs flight training from an authorized instructor (i) Has received and logged training * * * * * and obtains a logbook or training record time within 2 calendar months ■ 10. Amend § 61.31 by: endorsement from an authorized preceding the month of application in ■ a. Revising paragraph (d)(1); instructor who found the person preparation for the practical test; ■ b. Removing paragraph (d)(2); * * * * * ■ proficient in the use of night vision c. Redesignating paragraph (d)(3) as (b) * * * (d)(2) and revising newly re-designating goggles. The flight training must include the following tasks: (2) Is employed by the U.S. Armed (d)(2); Forces as a flight crewmember in U.S. ■ d. Redesignating existing paragraph (i) Preflight and use of internal and external aircraft lighting systems for military air transport operations at the (k) as (l); and time of the practical test and has ■ e. Adding new paragraph (k). night vision goggle operations; The revisions and addition read as (ii) Preflight preparation of night completed the pilot in command aircraft follows: vision goggles for night vision goggle qualification training program that is operations; appropriate to the pilot certificate and § 61.31 Type rating requirements, (iii) Proper piloting techniques when rating sought. additional training, and authorization using night vision goggles during the (c) * * * requirements. takeoff, climb, enroute, descent, and (1) Holds a foreign pilot license issued * * * * * landing phases of flight; and by a contracting State to the Convention

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on International Civil Aviation that in the aircraft in which single-pilot or aviation training device, as authorizes at least the privileges of the privileges are sought. appropriate. pilot certificate sought; * * * * * * * * * * (2) Is only applying for a type rating; ■ 14. Amend § 61.45 by revising (2) * * * or paragraphs (a)(1)(ii), (a)(2)(i), (a)(2)(iii), (v) Training received in a flight * * * * * and (c) to read as follows: simulator, flight training device, or (d) If all increments of the practical aviation training device from an test for a certificate or rating are not § 61.45 Practical tests: Required aircraft authorized instructor. completed on the same date, then all the and equipment. (3) * * * remaining increments of the test must (a) * * * (iii) Simulated instrument conditions be completed within 2 calendar months (1) * * * in flight, a flight simulator, flight after the month the applicant began the (ii) Has a standard airworthiness training device, or aviation training test. certificate or special airworthiness device. (e) If all increments of the practical certificate in the limited, primary, or (iv) Use of night vision goggles in an test for a certificate or rating are not light-sport category. aircraft in flight, in a flight simulator, or (2) * * * in a flight training device. completed within 2 calendar months (i) An aircraft that has an after the month the applicant began the airworthiness certificate other than a * * * * * test, the applicant must retake the entire standard airworthiness certificate or (e) * * * practical test. special airworthiness certificate in the (1) A sport, recreational, private, ■ 13. Amend § 61.43 by revising limited, primary, or light-sport category, commercial, or airline transport pilot paragraphs (a) and (b) to read as follows: but that otherwise meets the may log pilot in command flight time for flights- § 61.43 Practical tests: General requirements of paragraph (a)(1) of this section; (i) When the pilot is the sole procedures. manipulator of the controls of an aircraft * * * * * (a) Completion of the practical test for for which the pilot is rated, or has sport a certificate or rating consists of— (iii) A military aircraft of the same category, class, and type, if aircraft class pilot privileges for that category and (1) Performing the tasks specified in class of aircraft, if the aircraft class the areas of operation for the airman and type are appropriate, for which the applicant is applying for a certificate or rating is appropriate; certificate or rating sought within the (ii) When the pilot is the sole approved practical test standards; rating, and provided— (A) The aircraft is under the direct occupant in the aircraft; (2) Demonstrating mastery of the operational control of the U.S. Armed (iii) When the pilot, except for a aircraft by performing each task Forces; holder of a sport or recreational pilot successfully; (B) The aircraft is airworthy under the certificate, acts as pilot in command of (3) Demonstrating proficiency and maintenance standards of the U.S. an aircraft for which more than one competency within the approved Armed Forces; and pilot is required under the type standards; and (C) The applicant has a letter from his certification of the aircraft or the (4) Demonstrating sound judgment. or her commanding officer authorizing regulations under which the flight is (b) The pilot flight crew complement the use of the aircraft for the practical conducted; or required during the practical test is test. (iv) When the pilot performs the based on one of the following * * * * * duties of pilot in command while under requirements that applies to the aircraft (c) Required controls. Except for the supervision of a qualified pilot in being used on the practical test: lighter-than-air aircraft, and a glider command provided— (1) If the aircraft’s FAA-approved without an engine, an aircraft used for (A) The pilot performing the duties of flight manual requires the pilot flight a practical test must have engine power pilot in command holds a commercial crew complement be a single pilot, then controls and flight controls that are or airline transport pilot certificate and the applicant must demonstrate single easily reached and operable in a aircraft rating that is appropriate to the pilot proficiency on the practical test. conventional manner by both pilots, category and class of aircraft being (2) If the aircraft’s type certification unless the Examiner determines that the flown, if a class rating is appropriate; data sheet requires the pilot flight crew practical test can be conducted safely in (B) The pilot performing the duties of complement be a single pilot, then the the aircraft without the controls easily pilot in command is undergoing an applicant must demonstrate single pilot reached by the Examiner. approved pilot in command training proficiency on the practical test. program that includes ground and flight * * * * * (3) If the FAA Flight Standardization training on the following areas of ■ Board report, FAA-approved aircraft 15. Amend § 61.51 by: operation— ■ flight manual, or aircraft type a. Adding new paragraph (b)(3)(iv); (1) Preflight preparation; ■ b. Revising paragraphs (b)(1)(iv), certification data sheet allows the pilot (2) Preflight procedures; (b)(2)(v), (b)(3)(iii), (e)(1), (e)(2), (e)(3), flight crew complement to be either a (3) Takeoff and departure; single pilot, or a pilot and a copilot, (e)(4)(ii), the heading of paragraph (g), (4) In-flight maneuvers; then the applicant may demonstrate and paragraph (g)(4); and (5) Instrument procedures; ■ c. Adding new paragraphs (j) and (k). single pilot proficiency or have a copilot The revisions and additions read as (6) Landings and approaches to on the practical test. If the applicant follows: landings; performs the practical test with a (7) Normal and abnormal procedures; copilot, the limitation of ‘‘Second in § 61.51 Pilot logbooks. (8) Emergency procedures; and Command Required’’ will be placed on * * * * * (9) Postflight procedures; the applicant’s pilot certificate. The (b) * * * (C) The supervising pilot in command limitation may be removed if the (1) * * * holds— applicant passes the practical test by (iv) Type and identification of aircraft, (1) A commercial pilot certificate and demonstrating single-pilot proficiency flight simulator, flight training device, flight instructor certificate, and aircraft

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rating that is appropriate to the category, State, County, or Municipal law (f) A person who holds a flight class, and type of aircraft being flown, enforcement agency. instructor certificate and who has, if a class or type rating is required; or (k) Logging night vision goggle time. within the period specified in paragraph (2) An airline transport pilot (1) A person may log night vision goggle (c) of this section, satisfactorily certificate and aircraft rating that is time only for the time the person uses completed a renewal of a flight appropriate to the category, class, and night vision goggles as the primary instructor certificate under the type of aircraft being flown, if a class or visual reference of the surface and provisions in § 61.197 need not type rating is required; and operates: accomplish the one hour of ground (D) The supervising pilot in command (i) An aircraft during a night vision training specified in paragraph (a) of logs the pilot in command training in goggle operation; or this section. the pilot’s logbook, certifies the pilot in (ii) A flight simulator or flight training * * * * * device with the lighting system adjusted command training in the pilot’s logbook ■ 19. Amend § 61.57 by revising to represent the period beginning 1 hour and attests to that certification with his paragraphs (c) and (d); and adding new after sunset and ending 1 hour before or her signature, and flight instructor paragraphs (f) and (g) to read as follows: certificate number. sunrise. (2) If rated to act as pilot in command (2) An authorized instructor may log § 61.57 Recent flight experience: Pilot in of the aircraft, an airline transport pilot night vision goggle time when that command. may log all flight time while acting as person conducts training using night * * * * * pilot in command of an operation vision goggles as the primary visual (c) Instrument experience. Except as requiring an airline transport pilot reference of the surface and operates: provided in paragraph (e) of this certificate. (i) An aircraft during a night goggle section, a person may act as pilot in (3) A certificated flight instructor may operation; or command under IFR or weather log pilot in command flight time for all (ii) A flight simulator or flight training conditions less than the minimums flight time while serving as the device with the lighting system adjusted prescribed for VFR only if: authorized instructor in an operation if to represent the period beginning 1 hour (1) Use of an airplane, powered-lift, the instructor is rated to act as pilot in after sunset and ending 1 hour before helicopter, or airship for maintaining command of that aircraft. sunrise. instrument experience. Within the 6 (4) * * * (3) To log night vision goggle time to calendar months preceding the month of (ii) Has a solo flight endorsement as meet the recent night vision goggle the flight, that person performed and required under § 61.87 of this part; and experience requirements under logged at least the following tasks and § 61.57(f), a person must log the * * * * * iterations in an airplane, powered-lift, information required under § 61.51(b). (g) Logging instrument time. *** helicopter, or airship, as appropriate, for ■ 16. Amend § 61.53 by revising * * * * * the instrument rating privileges to be paragraphs (a) introductory text, (c)(1), (4) A person can use time in a flight maintained in actual weather and (c)(2) to read as follows: simulator, flight training device, or conditions, or under simulated aviation training device for acquiring § 61.53 Prohibition on operations during conditions using a view-limiting device instrument aeronautical experience for a medical deficiency. that involves having performed the pilot certificate, rating, or instrument (a) Operations that require a medical following— recency experience, provided an (i) Six instrument approaches. certificate. Except as provided for in (ii) Holding procedures and tasks. authorized instructor is present to paragraph (b) of this section, no person (iii) Intercepting and tracking courses observe that time and signs the person’s who holds a medical certificate issued through the use of navigational logbook or training record to verify the under part 67 of this chapter may act as electronic systems. time and the content of the training pilot in command, or in any other (2) Use of a flight simulator or flight session. capacity as a required pilot flight training device for maintaining * * * * * crewmember, while that person: instrument experience. Within the 6 (j) Aircraft requirements for logging * * * * * calendar months preceding the month of flight time. For a person to log flight (c) * * * the flight, that person performed and time, the time must be acquired in an (1) Paragraph (a) of this section if that logged at least the following tasks and aircraft that is identified as an aircraft person holds a medical certificate iterations in a flight simulator or flight under § 61.5(b), and is— issued under part 67 of this chapter and training device, provided the flight (1) An aircraft of U.S. registry with does not hold a U.S. driver’s license. simulator or flight training device either a standard or special (2) Paragraph (b) of this section if that represents the category of aircraft for the airworthiness certificate; person holds a U.S. driver’s license. instrument rating privileges to be (2) An aircraft of foreign registry with * * * * * maintained and involves having an airworthiness certificate that is ■ 17. Amend § 61.55 by revising performed the following— approved by the aviation authority of a paragraph (a)(1) to read as follows: (i) Six instrument approaches. foreign country that is a Member State (ii) Holding procedures and tasks. to the Convention on International Civil § 61.55 Second in command qualifications. (iii) Intercepting and tracking courses Aviation Organization; (a) * * * through the use of navigational (3) A military aircraft under the direct (1) At least a private pilot certificate electronic systems. operational control of the U.S. Armed with the appropriate category and class (3) Use of an aviation training device Forces; or rating; and for maintaining instrument experience. (4) A public aircraft under the direct * * * * * Within the 2 calendar months preceding operational control of a Federal, State, ■ 18. Amend § 61.56 by revising the month of the flight, that person county, or municipal law enforcement paragraph (f) to read as follows: performed and logged at least the agency, if the flight time was acquired following tasks, iterations, and time in by the pilot while engaged on an official § 61.56 Flight review. an aviation training device and has law enforcement flight for a Federal, * * * * * performed the following—

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(i) Three hours of instrument calendar months preceding the month of the instrument experience requirements experience. the flight— of paragraph (c) of this section within (ii) Holding procedures and tasks. (i) Instrument recency experience in a the 12 calendar months preceding the (iii) Six instrument approaches. flight simulator or flight training device month of the flight may not serve as (iv) Two unusual attitude recoveries that represents the category of aircraft pilot in command under IFR or in while in a descending, Vne airspeed for the instrument rating privileges to be weather conditions less than the condition and two unusual attitude maintained and involves having minimums prescribed for VFR until recoveries while in an ascending, stall performed the following tasks: having passed an instrument speed condition. (A) Six instrument approaches. proficiency check that consists of the (v) Interception and tracking courses (B) Holding procedures and tasks. areas of operation and instrument tasks through the use of navigational (C) Interception and tracking courses required in the instrument rating electronic systems. through the use of navigational practical test standards. (4) Combination of completing electronic systems. * * * * * instrument experience in an aircraft and (ii) Three hours of instrument (f) Night vision goggle operating a flight simulator, flight training device, experience in an aviation training experience. (1) A person may act as pilot and aviation training device. A person device that represents the category of in command in a night vision goggle who elects to complete the instrument aircraft for the instrument rating operation with passengers on board only experience with a combination of an privileges to be maintained and involves if, within 2 calendar months preceding aircraft, flight simulator or flight performing at least the following tasks— the month of the flight, that person (A) Six instrument approaches. training device, and aviation training performs and logs the following tasks as device must have performed and logged (B) Holding procedures and tasks. (C) Interception and tracking courses the sole manipulator of the controls on the following within the 6 calendar a flight during a night vision goggle months preceding the month of the through the use of navigational electronic systems. operation— flight— (i) Three takeoffs and three landings, (i) Instrument experience in an (D) Two unusual attitude recoveries with each takeoff and landing including airplane, powered-lift, helicopter, or while in a descending, Vne airspeed a climbout, cruise, descent, and airship, as appropriate, for the condition and two unusual attitude approach phase of flight (only required instrument rating privileges to be recoveries while in an ascending, stall if the pilot wants to use night vision maintained, performed in actual speed condition. goggles during the takeoff and landing weather conditions, or under simulated (6) Maintaining instrument recent phases of the flight). weather conditions while using a view- experience in a glider. (ii) Three hovering tasks (only limiting device, on the following (i) Within the 6 calendar months required if the pilot wants to use night instrument currency tasks: preceding the month of the flight, that vision goggles when operating (A) Instrument approaches. person must have performed and logged (B) Holding procedures and tasks. at least the following instrument helicopters or powered-lifts during the (C) Interception and tracking courses currency tasks, iterations, and flight hovering phase of flight). through the use of navigational time, and the instrument currency must (iii) Three area departure and area electronic systems. have been performed in actual weather arrival tasks. (ii) Instrument experience in a flight conditions or under simulated weather (iv) Three tasks of transitioning from simulator or flight training device that conditions— aided night flight (aided night flight represents the category of aircraft for the (A) One hour of instrument flight time means that the pilot uses night vision instrument rating privileges to be in a glider or in a single engine airplane goggles to maintain visual surface maintained and involves performing at using a view-limiting device while reference) to unaided night flight least the following tasks— performing interception and tracking (unaided night flight means that the (A) Instrument approaches. courses through the use of navigation pilot does not use night vision goggles) (B) Holding procedures and tasks. electronic systems. and back to aided night flight. (C) Interception and tracking courses (B) Two hours of instrument flight (v) Three night vision goggle through the use of navigational time in a glider or a single engine operations, or when operating electronic systems. airplane with the use of a view-limiting helicopters or powered-lifts, six night (iii) Instrument experience in an device while performing straight glides, vision goggle operations. aviation training device that represents turns to specific headings, steep turns, (2) A person may act as pilot in the category of aircraft for the flight at various airspeeds, navigation, command using night vision goggles instrument rating privileges to be and slow flight and stalls. only if, within the 4 calendar months maintained and involves performing at (ii) Before a pilot is allowed to carry preceding the month of the flight, that least the following tasks— a passenger in a glider under IFR or in person performs and logs the tasks (A) Six instrument approaches. weather conditions less than the listed in paragraph (f)(1)(i) through (v) (B) Holding procedures and tasks. minimums prescribed for VFR, that of this section as the sole manipulator (C) Interception and tracking courses pilot must— of the controls during a night vision through the use of navigational (A) Have logged and performed 2 goggle operation. electronic systems. hours of instrument flight time in a (g) Night vision goggle proficiency (5) Combination of completing glider within the 6 calendar months check. A person must either meet the instrument experience in a flight preceding the month of the flight. night vision goggle experience simulator or flight training device, and (B) Use a view-limiting-device while requirements of paragraphs (f)(1) or an aviation training device. A person practicing performance maneuvers, (f)(2) of this section or pass a night who elects to complete the instrument performance airspeeds, navigation, slow vision goggle proficiency check to act as experience with a combination of a flight, and stalls. pilot in command using night vision flight simulator, flight training device, (d) Instrument proficiency check. goggles. The proficiency check must be and aviation training device must have Except as provided in paragraph (e) of performed in the category of aircraft that performed the following within the 6 this section, a person who does not meet is appropriate to the night vision goggle

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operation for which the person is instructor attesting that the person was aircraft that is not capable of the seeking the night vision goggle privilege found competent in the appropriate instrument maneuvers and procedures or in a flight simulator or flight training aeronautical knowledge areas and required on the practical test: device that is representative of that proficient in the appropriate areas of (i) May apply for the type rating, but category of aircraft. The check must operation. the rating will be limited to ‘‘VFR only.’’ consist of the tasks listed in § 61.31(k), (2) Must pass the practical test. (ii) May have the ‘‘VFR only’’ and the check must be performed by: (3) Need not meet the specified limitation removed for that aircraft type (1) An Examiner who is qualified to training time requirements prescribed after the applicant: perform night vision goggle operations by this part that apply to the pilot (A) Passes a practical test in that type in that same aircraft category and class; certificate for the aircraft class rating of aircraft in actual or simulated (2) A person who is authorized by the sought; unless, the person only holds a instrument conditions; U.S. Armed Forces to perform night lighter-than-air category rating with a (B) Passes a practical test in that type vision goggle proficiency checks, balloon class rating and is seeking an of aircraft on the appropriate instrument provided the person being administered airship class rating, then that person maneuvers and procedures in § 61.157; the check is also a member of the U.S. must receive the specified training time or Armed Forces; requirements and possess the (C) Becomes qualified under (3) A company check pilot who is appropriate aeronautical experience. § 61.73(d) for that type of aircraft. authorized to perform night vision (4) Need not take an additional (2) When an instrument rating is goggle proficiency checks under parts knowledge test if the person holds an issued to a person who holds one or 121, 125, or 135 of this chapter, airplane, rotorcraft, powered-lift, or more type ratings, the amended pilot provided that both the check pilot and airship rating at that pilot certificate certificate must bear the ‘‘VFR only’’ the pilot being tested are employees of level. limitation for each aircraft type rating that operator; (d) Additional aircraft type rating. that the person did not demonstrate (4) An authorized flight instructor Except as provided under paragraph instrument competency. who is qualified to perform night vision (d)(6) of this section, a person who (f) Multiengine airplane with a single- goggle operations in that same aircraft applies for an aircraft type rating or an pilot station. An applicant for a type category and class; aircraft type rating to be completed rating, at other than the ATP (5) A person who is qualified as pilot concurrently with an aircraft category or certification level, in a multiengine in command for night vision goggle class rating— airplane with a single-pilot station must operations in accordance with (1) Must hold or concurrently obtain perform the practical test in the multi- paragraph (f) of this section; or an appropriate instrument rating, except seat version of that airplane, or the (6) A person approved by the FAA to as provided in paragraph (e) of this practical test may be performed in the perform night vision goggle proficiency section. single-seat version of that airplane if the checks. (2) Must have a logbook or training Examiner is in a position to observe the ■ 20. Revise § 61.63 to read as follows: record endorsement from an authorized applicant during the practical test and instructor attesting that the person is there is no multi-seat version of that § 61.63 Additional aircraft ratings (other competent in the appropriate multiengine airplane. than for ratings at the airline transport pilot aeronautical knowledge areas and (g) Single engine airplane with a certification level). proficient in the appropriate areas of single-pilot station. An applicant for a (a) General. For an additional aircraft operation at the airline transport pilot type rating, at other than the ATP rating on a pilot certificate, other than certification level. certification level, in a single engine for an airline transport pilot certificate, (3) Must pass the practical test at the airplane with a single-pilot station must a person must meet the requirements of airline transport pilot certification level. perform the practical test in the multi- this section appropriate to the (4) Must perform the practical test in seat version of that single engine additional aircraft rating sought. actual or simulated instrument airplane, or the practical test may be (b) Additional aircraft category rating. conditions, except as provided in performed in the single-seat version of A person who applies to add a category paragraph (e) of this section. that airplane if the Examiner is in a rating to a pilot certificate: (5) Need not take an additional position to observe the applicant during (1) Must complete the training and knowledge test if the applicant holds an the practical test and there is no multi- have the applicable aeronautical airplane, rotorcraft, powered-lift, or seat version of that single engine experience. airship rating on the pilot certificate. airplane. (2) Must have a logbook or training (6) In the case of a pilot employee of (h) Aircraft category and class rating record endorsement from an authorized a part 121 or part 135 certificate holder for the operation of aircraft with an instructor attesting that the person was or of a fractional ownership program experimental certificate. A person found competent in the appropriate manager under subpart K of part 91 of holding a recreational, private, or aeronautical knowledge areas and this chapter, the pilot must— commercial pilot certificate may apply proficient in the appropriate areas of (i) Meet the appropriate requirements for a category and class rating limited to operation. under paragraphs (d)(1), (d)(3), and a specific make and model of (3) Must pass the practical test. (d)(4) of this section; and experimental aircraft, provided— (4) Need not take an additional (ii) Receive a flight training record (1) The person logged 5 hours flight knowledge test if the person holds an endorsement from the certificate holder time while acting as pilot in command airplane, rotorcraft, powered-lift, or attesting that the person completed the in the same category, class, make, and airship rating at that pilot certificate certificate holder’s approved ground model of aircraft. level. and flight training program. (2) The person received a logbook (c) Additional aircraft class rating. A (e) Aircraft not capable of instrument endorsement from an authorized person who applies for an additional maneuvers and procedures. (1) An instructor who determined the pilot’s class rating on a pilot certificate: applicant for a type rating or a type proficiency to act as pilot in command (1) Must have a logbook or training rating in addition to an aircraft category of the same category, class, make, and record endorsement from an authorized and/or class rating who provides an model of aircraft.

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(3) The flight time specified under (iv) Have 500 hours of flight time in pilot employee of that air carrier paragraph (h)(1) of this section was the same type of airplane. operator. logged between September 1, 2004 and (4) If the applicant does not meet the (3) Must be qualified and approved at August 31, 2005. requirements of paragraph (a)(2) or (a)(3) or above a Level 2 flight training device (i) Waiver authority. An Examiner of this section, then— if the applicant completes the entire who conducts a practical test may waive (i) The applicant must complete the practical test in the airplane. any task for which the FAA has following tasks on the practical test in (4) Must be qualified and approved at provided waiver authority. the airplane of the category, class, and or above a Level 5 flight training device ■ 21. Add a new § 61.64 to read as type of airplane rating (if a type rating if the applicant uses a flight simulator follows: is applicable) for which the airplane for any portion of the practical test. rating applies: preflight inspection, (c) Use of a flight simulator for the § 61.64 Use of a flight simulator and flight normal takeoff, normal instrument helicopter rating. If an applicant uses a training device. landing system approach, missed flight simulator for training or the (a) Use of a flight simulator for the approach, and normal landing. practical test for the helicopter class or airplane rating. If an applicant uses a (ii) After passing the practical test, the type rating, flight simulator for training or the applicant’s pilot certificate must state: (1) The flight simulator— practical test for an airplane category, ‘‘The [name the category, class, and type (i) Must represent the class and type class, or type rating— of airplane rating (if a type rating is of helicopter rating (if a type rating is (1) The flight simulator— applicable)] is subject to additional pilot applicable) for the rating; (i) Must represent the category, class, in command limitations,’’ and the (ii) Must be used in accordance with and type of airplane rating (if a type applicant is restricted from serving as an approved course of training under rating is applicable) for the rating pilot in command in that category, class, part 141 or part 142 of this chapter, or sought; and type of airplane rating (if a type under part 135 of this chapter, provided (ii) Must be used in accordance with rating is applicable). the applicant is a pilot employee of that an approved course of training under (iii) The limitation described under part 135 operator; part 141 or part 142 of this chapter; or paragraph (a)(4)(ii) of this section may (iii) At a minimum, must be qualified under part 121 or part 135 of this be removed from the applicant’s pilot and approved as a Level C flight chapter, provided the applicant is a certificate if the applicant— simulator if the applicant performs any pilot employee of that air carrier (A) Logs 25 hours of flight time in the portion of the practical test in a flight operator; category and class of airplane for the simulator; and (iii) At a minimum, must be qualified rating sought, and if a type rating is (iv) At a minimum, must be qualified and approved as a Level C flight being sought, the flight time must be and approved as a Level A flight simulator if the applicant performs any performed in the same type of airplane simulator if the applicant uses a flight portion of the practical test in the flight for the type rating sought; simulator for any training. simulator; and (B) Performs 25 hours of flight time (2) The applicant must meet one of (iv) At a minimum, must be qualified under the direct observation of the pilot the following requirements— and approved as a Level A flight in command who holds the appropriate (i) Hold a type rating in a helicopter simulator if the applicant uses the flight airplane category, class, and type rating, and that type rating may not contain the simulator for any training; without limitations, in the same supervised operating experience (2) If the type rating is for a turbojet category, class, and type of airplane limitation; airplane, the applicant must— rating, if a type rating is applicable; (ii) Have been appointed by the U.S. (i) Hold a type rating in a turbojet (C) Logs each flight and the pilot in Armed Forces as pilot in command of a airplane of the same class of airplane, command who observed the flight helicopter; and that type rating may not contain a attests to each flight; (iii) Have 500 hours of flight time in supervised operating experience (D) Obtains the flight time while in the type of helicopter; or limitation; the pilot in command seat of the (iv) Have 1,000 hours of flight time in (ii) Have 1,000 hours of flight time in appropriate airplane category, class, and two different types of helicopters. two different turbojet airplanes of the type, if a type rating is appropriate; and (3) If the applicant does not meet any same class of airplane; (E) Has an Examiner review the pilot of the requirements of paragraph (c)(2) (iii) Have been appointed by the U.S. logbook and endorse that logbook, of this section, then— Armed Forces as pilot in command in attesting to compliance with the (i) The applicant must complete the a turbojet airplane of the same class of required supervised operating following tasks on the practical test in airplane; or experience. the helicopter class and type rating (if (iv) Have 500 hours of flight time in (b) Use of a flight training device for a type rating is applicable) for which the the same type of airplane. the airplane rating. If an applicant uses rating applies: preflight inspection, (3) If the type rating is for a turbo a flight training device for training for normal takeoff, normal instrument propeller airplane, the applicant must— the airplane category, class, or type landing system approach, missed (i) Hold a type rating in a turbo- rating, the applicant must meet the approach, and normal landing. propeller airplane of the same class of requirements of paragraph (a)(2), (a)(3) (ii) After passing the practical test, the airplane, and that type rating may not or (a)(4) of this section, and the flight applicant’s pilot certificate must state: contain a supervised operating training device— ‘‘The [name the helicopter class, and experience limitation; (1) Must represent the category, class, type of helicopter rating (if a type rating (ii) Have 1,000 hours of flight time in and type of airplane rating (if a type is applicable)] rating is subject to two different turbo-propeller airplanes rating is applicable) for the rating. additional pilot in command of the same class of airplane; (2) Must be used in accordance with limitations,’’ and the applicant is (iii) Have been appointed by the U.S. an approved course of training under restricted from serving as pilot in Armed Forces as pilot in command in part 141 or part 142 of this chapter, or command in that helicopter class and a turbo-propeller airplane of the same under part 121 or part 135 of this type of helicopter rating (if a type rating class of airplane; or chapter, provided the applicant is a is applicable).

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(iii) The limitation described under under part 121 or part 135 of this (C) Logs each flight and the pilot in paragraph (c)(3)(ii) of this section may chapter, provided the applicant is a command who observed the flight be removed from the pilot certificate if pilot employee of that air carrier attests to each flight; the applicant complies with the operator; (D) Performs the flight time while in following— (iii) At a minimum, must be qualified the pilot in command seat of the (A) Logs 25 hours of flight time in the and approved as a Level C flight appropriate category and type of class of helicopter for the rating sought, simulator if the applicant performs any powered-lift rating, if a type rating is if the person applied for a type rating, portion of the practical test in a flight appropriate; and the flight time must be performed in the simulator; and (E) Has an Examiner review the pilot same type of helicopter for the type (iv) At a minimum, must be qualified logbook and endorse that logbook, rating sought; and approved as a Level A flight attesting to compliance with the (B) Performs the 25 hours of flight simulator if the applicant uses a flight required supervised operating time under the direct observation of the simulator for any training. experience. pilot in command who holds the (2) The applicant must meet one of (f) Use of a flight training device for appropriate class and type of helicopter the following requirements— the powered-lift rating. Whenever an rating (if a type rating is applicable), (i) Hold a type rating in a powered- applicant uses a flight training device without limitations, in the same class, lift without a supervised operating for training for the powered-lift category and type of helicopter rating, if a type experience limitation; or type rating, the flight training device rating is applicable; must meet the following requirements, (ii) Have been appointed by the U.S. (C) Logs each flight and the pilot in and the applicant must meet the Armed Forces as pilot in command of a command who observed the flight requirements of either paragraph (e)(2) powered-lift; attests to each flight; or (e)(3) of this section. (D) Performs the flight time while in (iii) Have 500 hours of flight time in (1) The flight training device must the pilot in command seat of the the type of powered-lift; or represent the class and type of powered- appropriate class and type of helicopter (iv) Have 1,000 hours of flight time in lift rating (if a type rating is applicable) rating, if a type rating is appropriate; two different types of powered-lifts. for the rating. and (3) If the applicant does not meet any (2) The flight training device must be (E) Has an Examiner review the pilot of the requirements of paragraph (e)(2) used in accordance with an approved logbook and endorse that logbook, of this section, then— course of training under part 141 or part attesting to compliance with the (i) The applicant must complete the 142 of this chapter; or under part 121 or required supervised operating following tasks on the practical test in part 135 of this chapter, provided the experience. the powered-lift of the category and type applicant is a pilot employee of that air (d) Use of a flight training device for of powered-lift rating (if a type rating is carrier operator. the helicopter rating. If an applicant applicable) for which the rating applies: (3) If the applicant completes the uses a flight training device for training preflight inspection, normal takeoff, entire practical test in the powered-lift, for the helicopter class or type rating, normal instrument landing system the flight training device used for the applicant must meet the approach, missed approach, and normal training must be qualified and approved requirements of either paragraph (c)(2) landing. at or above a Level 2 flight training or (3) of this section and the flight (ii) After passing the practical test, the device. training device— applicant’s pilot certificate must state: (4) If an applicant uses a flight (1) Must represent the class and type ‘‘The [name of the category and type of simulator for any portion of the of helicopter rating (if a type rating is powered-lift rating (if a type rating is practical test, the flight training device applicable) for the rating. applicable)] rating is subject to used for training must be qualified and (2) Must be used in accordance with additional pilot in command approved at or above a Level 5 flight an approved course of training under limitations,’’ and that applicant is training device. part 141 or part 142 of this chapter, or restricted from serving as pilot in ■ 22. Amend § 61.65 by: under part 135 of this chapter, provided command in that category and type of the applicant is a pilot employee of that ■ a. Revising paragraph (a)(1); powered-lift rating (if a type rating is ■ b. Revising paragraph (d); part 135 operator. applicable). (3) Must be qualified and approved at ■ c. Redesignating existing paragraph (e) or above a Level 2 flight training device (iii) The limitation described under as paragraph (g); if the applicant completes the entire paragraph (e)(3)(ii) of this section may ■ d. Adding new paragraphs (e), (f), and practical test in the helicopter. be removed from the pilot certificate if (h); and (4) Must be qualified and approved at the applicant complies with the ■ e. Revising newly re-designated or above a Level 5 flight training device following— paragraph (g). if the applicant uses a flight simulator (A) Logs 25 hours of flight time in the The revisons and additions read as for any portion of the practical test. powered-lift category for the rating follows: sought, and if a type rating is being (e) Use of a flight simulator for the § 61.65 Instrument rating requirements. powered-lift rating. If an applicant uses sought, the flight time must be a flight simulator for training or the performed in the same type of powered- (a) * * * practical test for the powered-lift lift for the type rating sought; (1) Hold at least a private pilot category or type rating— (B) Performs the 25 hours flight time certificate with an airplane, helicopter, (1) The flight simulator— under the direct observation of the pilot or powered-lift rating appropriate to the (i) Must represent the category and in command who holds the category instrument rating sought; type of powered-lift rating (if a type and type of powered-lift rating (if a type * * * * * rating is applicable) for the rating; rating is applicable), without (d) Aeronautical experience for the (ii) Must be used in accordance with limitations, in the same category and instrument-airplane rating. A person an approved course of training under type of powered-lift rating, if a type who applies for an instrument-airplane part 141 or part 142 of this chapter, or rating is applicable; rating must have logged:

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(1) Fifty hours of cross country flight (C) Three different kinds of the instrument time requirements of this time as pilot in command, of which 10 approaches with the use of navigation section; hours must have been in an airplane; systems. (4) A view-limiting device was worn and (f) Aeronautical experience for the by the applicant when logging (2) Forty hours of actual or simulated instrument-powered-lift rating. A person instrument time in the device; and instrument time in the areas of who applies for an instrument-powered- (5) The FAA approved the instrument operation listed in paragraph (c) of this lift rating must have logged: training and instrument tasks performed section, of which 15 hours must have (1) Fifty hours of cross country flight in the device. been received from an authorized time as pilot in command, of which 10 ■ 23. Amend § 61.69 by revising instructor who holds an instrument- hours cross country must have been in paragraphs (a)(1), (a)(4), and (a)(6) airplane rating, and the instrument time a powered-lift; and introductory text to read as follows: includes: (2) Forty hours of actual or simulated (i) Three hours of instrument flight instrument time in the areas of § 61.69 Glider and unpowered ultralight training from an authorized instructor in operation listed under paragraph (c) of vehicle towing: Experience and training an airplane that is appropriate to the this section, of which 15 hours must requirements. instrument-airplane rating within 2 have been received from an authorized (a) * * * calendar months before the date of the instructor who holds an instrument- (1) Holds a private, commercial or practical test; and powered-lift rating, and the instrument airline transport pilot certificate with a (ii) Instrument flight training on cross time includes: category rating for powered aircraft; country flight procedures, including one (i) Three hours of instrument flight * * * * * cross country flight in an airplane with training from an authorized instructor in (4) Except as provided in paragraph an authorized instructor, that is a powered-lift that is appropriate to the (b) of this section, has logged at least performed under instrument flight rules, instrument-powered-lift rating within 2 three flights as the sole manipulator of when a flight plan has been filed with calendar months before the date of the the controls of an aircraft while towing an air traffic control facility, and that practical test; and a glider or unpowered ultralight vehicle, involves— (ii) Instrument flight training on cross or has simulated towing flight (A) A flight of 250 nautical miles country flight procedures, including one procedures in an aircraft while along airways or by directed routing cross country flight in a powered-lift accompanied by a pilot who meets the from an air traffic control facility; with an authorized instructor that is requirements of paragraphs (c) and (d) (B) An instrument approach at each performed under instrument flight rules, of this section. airport; and when a flight plan has been filed with * * * * * (C) Three different kinds of an air traffic control facility, that (6) Within 24 calendar months before approaches with the use of navigation involves— the flight has— systems. (A) A flight of 250 nautical miles (e) Aeronautical experience for the along airways or by directed routing * * * * * instrument-helicopter rating. A person from an air traffic control facility; ■ 24. Revise § 61.73 to read as follows: who applies for an instrument- (B) An instrument approach at each § 61.73 Military pilots or former military helicopter rating must have logged: airport; and pilots: Special rules. (1) Fifty hours of cross country flight (C) Three different kinds of time as pilot in command, of which 10 approaches with the use of navigation (a) General. Except for a person who hours must have been in a helicopter; systems. has been removed from flying status for and (g) Use of flight simulators or flight lack of proficiency or because of a (2) Forty hours of actual or simulated training devices. If the instrument time disciplinary action involving aircraft instrument time in the areas of was provided by an authorized operations, a U.S. military pilot or operation listed under paragraph (c) of instructor in a flight simulator or flight former military pilot who meets the this section, of which 15 hours must training device— requirements of this section may apply, have been with an authorized instructor (1) A maximum of 30 hours may be on the basis of his or her military pilot who holds an instrument-helicopter performed in that flight simulator or qualifications, for: rating, and the instrument time flight training device if the instrument (1) A commercial pilot certificate with includes: time was completed in accordance with the appropriate aircraft category and (i) Three hours of instrument flight part 142 of this chapter; or class rating. training from an authorized instructor in (2) A maximum of 20 hours may be (2) An instrument rating with the a helicopter that is appropriate to the performed in that flight simulator or appropriate aircraft rating. instrument-helicopter rating within 2 flight training device if the instrument (3) A type rating. calendar months before the date of the time was not completed in accordance (b) Military pilots and former military practical test; and with part 142 of this chapter. pilots in the U.S. Armed Forces. A (ii) Instrument flight training on cross (h) Use of an aviation training device. person who qualifies as a military pilot country flight procedures, including one A maximum of 10 hours of instrument or former military pilot in the U.S. cross country flight in a helicopter with time received in an aviation training Armed Forces may apply for a pilot an authorized instructor that is device may be credited for the certificate and ratings under paragraph performed under instrument flight rules instrument time requirements of this (a) of this section if that person— and a flight plan has been filed with an section if— (1) Presents evidentiary documents air traffic control facility, and (1) The device is approved and described under paragraphs (h)(1), (2), involves— authorized by the FAA; and (3) of this section that show the (A) A flight of 100 nautical miles (2) An authorized instructor provides person’s status in the U.S. Armed along airways or by directed routing the instrument time in the device; Forces. from an air traffic control facility; (3) No more than 10 hours of (2) Has passed the military (B) An instrument approach at each instrument time in a flight simulator or competency aeronautical knowledge test airport; and flight training device was credited for on the appropriate parts of this chapter

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for commercial pilot privileges and instrument rating to be added to a pilot examiner for the flight instructor rating limitations, air traffic and general certificate if that person— sought. operating rules, and accident reporting (1) Has passed an instrument (iii) An official U.S. Armed Forces rules. proficiency check in the U.S. Armed record or order that shows the person (3) Presents official U.S. military Forces in the aircraft category for the completed a U.S. Armed Forces’ records that show compliance with one instrument rating sought; and instructor pilot or pilot examiner of the following requirements— (2) Has an official U.S. Armed Forces training course and received an aircraft (i) Before the date of the application, record that shows the person is rating qualification as a military passing an official U.S. military pilot instrument pilot qualified by the U.S. instructor pilot or pilot examiner that is and instrument proficiency check in a Armed Forces to conduct instrument appropriate to the flight instructor rating military aircraft of the kind of aircraft flying on Federal airways in that aircraft sought. category, class, and type, if class or type category and class for the instrument (iv) An official U.S. Armed Forces of aircraft is applicable, for the ratings rating sought. record or order that shows the person sought; or (e) Aircraft type rating. An aircraft passed a U.S. Armed Forces instructor (ii) Before the date of application, type rating may only be issued for a type pilot or pilot examiner proficiency logging 10 hours of pilot time as a of aircraft that has a comparable civilian check in an aircraft as a military military pilot in a U.S. military aircraft type designation by the Administrator. instructor pilot or pilot examiner that is in the kind of aircraft category, class, (f) Aircraft type rating placed on an appropriate to the flight instructor rating and type, if a class rating or type rating airline transport pilot certificate. A sought. is applicable, for the aircraft rating person who is a military pilot or former (h) Documents for qualifying for a sought. military pilot of the U.S. Armed Forces pilot certificate and rating. The (c) A military pilot in the Armed and requests an aircraft type rating to be following documents are required for a Forces of a foreign contracting State to placed on an existing U.S. airline person to apply for a pilot certificate the Convention on International Civil transport pilot certificate may be issued and rating: Aviation. A person who is a military the rating at the airline transport pilot (1) An official U.S. Armed Forces pilot in the Armed Forces of a foreign certification level, provided that person: record that shows the person is or was contracting State to the Convention on (1) Holds a category and class rating a military pilot. International Civil Aviation and is for that type of aircraft at the airline (2) An official U.S. Armed Forces assigned to pilot duties in the U.S. transport pilot certification level; and record that shows the person graduated Armed Forces, for purposes other than (2) Has passed an official U.S. military from a U.S. Armed Forces receiving flight training, may apply for pilot check and instrument proficiency undergraduate pilot training school and a commercial pilot certificate and check in that type of aircraft. received a rating qualification as a ratings under paragraph (a) of this (g) Flight instructor certificate and military pilot. section, provided that person— ratings. A person who can show official (3) An official U.S. Armed Forces (1) Presents evidentiary documents U.S. military documentation of being a record that shows the pilot passed a described under paragraph (h)(4) of this U.S. military instructor pilot or U.S. pilot proficiency check and instrument section that show the person is a military pilot examiner, or a former proficiency check in an aircraft as a military pilot in the Armed Forces of a instructor pilot or pilot examiner may military pilot. foreign contracting State to the apply for and be issued a flight (4) If a person is a military pilot in the Convention on International Civil instructor certificate with the Armed Forces from a foreign contracting Aviation, and is assigned to pilot duties appropriate ratings if that person: State to the Convention on International in the U.S. Armed Forces, for purposes (1) Holds a commercial or airline Civil Aviation and is applying for a pilot other than receiving flight training. certificate and rating, that person must (2) Has passed the military transport pilot certificate with the present the following: competency aeronautical knowledge test appropriate aircraft category and class (i) An official U.S. Armed Forces on the appropriate parts of this chapter rating, if a class rating is appropriate, for record that shows the person is a for commercial pilot privileges and the flight instructor rating sought; military pilot in the U.S. Armed Forces; limitations, air traffic and general (2) Holds an instrument rating, or has (ii) An official U.S. Armed Forces operating rules, and accident reporting instrument privileges, on the pilot record that shows the person is assigned rules. certificate that is appropriate to the (3) Presents official U.S. military flight instructor rating sought; and as a military pilot in the U.S. Armed records that show compliance with one (3) Presents the following documents: Forces for purposes other than receiving of the following requirements: (i) A knowledge test report that shows flight training; (i) Before the date of the application, the person passed a knowledge test on (iii) An official record that shows the passed an official U.S. military pilot and the aeronautical knowledge areas listed person graduated from a military instrument proficiency check in a under § 61.185(a) appropriate to the undergraduate pilot training school military aircraft of the kind of aircraft flight instructor rating sought and the from the Armed Forces from a foreign category, class, or type, if class or type knowledge test was passed within the contracting State to the Convention on of aircraft is applicable, for the ratings; preceding 24 calendar months prior to International Civil Aviation or from the or the month of application. If the U.S. U.S. Armed Forces, and received a (ii) Before the date of the application, military instructor pilot or pilot qualification as a military pilot; and logged 10 hours of pilot time as a examiner already holds a flight (iv) An official U.S. Armed Forces military pilot in a U.S. military aircraft instructor certificate, holding of a flight record that shows that the person of the kind of category, class, and type instructor certificate suffices for the passed a pilot proficiency check and of aircraft, if a class rating or type rating knowledge test report. instrument proficiency check in an is applicable, for the aircraft rating. (ii) An official U.S. Armed Forces aircraft as a military pilot in the U.S. (d) Instrument rating. A person who is record or order that shows the person is Armed Forces. qualified as a U.S. military pilot or or was qualified as a U.S. Armed Forces ■ 25. Amend § 61.75 by revising former military pilot may apply for an military instructor pilot or pilot paragraphs (a), (b) introductory text,

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(b)(2), (b)(3), (b)(4), (c), (d) introductory may use only one foreign pilot license from the aeronautical authority of that text, (e)(1), (f), and (g), and removing as a basis for the issuance of a U.S. pilot contracting State to the Convention on paragraph (e)(4). certificate. The foreign pilot license and International Civil Aviation; and The revisions read as follows: medical certification used as a basis for * * * * * issuing a U.S. pilot certificate under this (d) General limitations. A special § 61.75 Private pilot certificate issued on section must be written in English or the basis of a foreign pilot license. purpose pilot authorization may be used accompanied by an English only— (a) General. A person who holds a transcription that has been signed by an (1) For flights between foreign foreign pilot license at the private pilot official or representative of the foreign countries or for flights in foreign air level or higher that was issued by a aviation authority that issued the commerce within the time period contracting State to the Convention on foreign pilot license. allotted on the authorization. International Civil Aviation may apply (g) Limitation placed on a U.S. pilot (2) If the foreign pilot license required for and be issued a U.S. private pilot certificate. A U.S. pilot certificate issued by paragraph (b)(1) of this section, the certificate with the appropriate ratings if under this section can only be exercised medical documentation required by the foreign pilot license meets the when the pilot has the foreign pilot paragraph (b)(4) of this section, and the requirements of this section. license, upon which the issuance of the special purpose pilot authorization (b) Certificate issued. A U.S. private U.S. pilot certificate was based, in the issued under this section are in the pilot certificate issued under this holder’s possession or readily accessible holder’s physical possession or section must specify the person’s in the aircraft. immediately accessible in the aircraft. foreign license number and country of ■ 26. Amend § 61.77 by: (3) While the holder is employed by issuance. A person who holds a foreign ■ a. Revising the section heading; the person to whom the aircraft pilot license issued by a contracting ■ b. Revising paragraphs (a)(2), (b)(1), described in the certification required State to the Convention on International (b)(2) introductory text, (b)(4); and (d); by paragraph (b)(2) of this section is Civil Aviation may be issued a U.S. ■ c. Removing paragraph (b)(5); and leased. private pilot certificate based on the ■ d. Redesignating paragraph (b)(6) as (4) While the holder is performing foreign pilot license without any further (b)(5). pilot duties on the U.S.-registered showing of proficiency, provided the The revisions read as follows: aircraft described in the certification applicant: § 61.77 Special purpose pilot required by paragraph (b)(2) of this * * * * * section. (2) Holds a foreign pilot license, at the authorization: Operation of a civil aircraft of the United States and leased by a non-U.S. (5) If the holder has only one special private pilot license level or higher, that citizen. purpose pilot authorization as provided does not contain a limitation stating that in paragraph (b)(5) of this section. the applicant has not met all of the (a) * * * (2) For carrying persons or property * * * * * standards of ICAO for that license; (3) Does not hold a U.S. pilot for compensation or hire for operations ■ 27. Amend § 61.87 by revising certificate other than a U.S. student in— paragraph (p) to read as follows: (i) Scheduled international air pilot certificate; services in turbojet-powered airplanes § 61.87 Solo requirements for student (4) Holds a medical certificate issued pilots. under part 67 of this chapter or a of U.S. registry; (ii) Scheduled international air * * * * * medical license issued by the country services in airplanes of U.S. registry (p) Limitations on flight instructors that issued the person’s foreign pilot having a configuration of more than authorizing solo flight. No instructor license; and nine passenger seats, excluding may authorize a student pilot to perform * * * * * crewmember seats; a solo flight unless that instructor has— (c) Aircraft ratings issued. Aircraft (iii) Nonscheduled international air (1) Given that student pilot training in ratings listed on a person’s foreign pilot transportation in airplanes of U.S. the make and model of aircraft or a license, in addition to any issued after registry having a configuration of more similar make and model of aircraft in testing under the provisions of this part, than 30 passenger seats, excluding which the solo flight is to be flown; may be placed on that person’s U.S. crewmember seats; or (2) Determined the student pilot is pilot certificate for private pilot (iv) Scheduled international air proficient in the maneuvers and privileges only. services, or nonscheduled international procedures prescribed in this section; (d) Instrument ratings issued. A air transportation, in airplanes of U.S. (3) Determined the student pilot is person who holds an instrument rating registry having a payload capacity of proficient in the make and model of on the foreign pilot license issued by a more than 7,500 pounds. aircraft to be flown; contracting State to the Convention on (b) * * * (4) Ensured that the student pilot’s International Civil Aviation may be (1) A foreign pilot license issued by certificate has been endorsed by an issued an instrument rating on a U.S. the aeronautical authority of a instructor authorized to provide flight pilot certificate provided: contracting State to the Convention on training for the specific make and model * * * * * International Civil Aviation that aircraft to be flown; and (e) * * * contains the appropriate aircraft (5) Endorsed the student pilot’s (1) May act as pilot in command of a category, class, type rating, if logbook for the specific make and model civil aircraft of the United States in appropriate, and instrument rating for aircraft to be flown, and that accordance with the pilot privileges the aircraft to be flown; endorsement remains current for solo authorized by this part and the (2) A certification by the lessee of the flight privileges, provided an authorized limitations placed on that U.S. pilot aircraft— instructor updates the student’s logbook certificate; * * * * * every 90 days thereafter. * * * * * (4) Documentation the applicant ■ 28. Amend § 61.93 by revising (f) Limitation on licenses used as the meets the medical standards for the paragraphs (b)(1)(iii), (b)(2)(iii), and basis for a U.S. certificate. A person issuance of the foreign pilot license (b)(2)(iv) to read as follows:

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§ 61.93 Solo cross country flight through, or at an airport having an (4) * * * requirements. operational control tower, provided that (ii) One solo cross country flight of * * * * * person has— 100 nautical miles total distance, with (b) * * * * * * * * landings at three points, and one (1) * * * (e) * * * segment of the flight being a straight- (iii) The student pilot has a solo flight (1) * * * line distance of more than 25 nautical endorsement in accordance with § 61.87 (iii) With a powerplant of more than miles between the takeoff and landing of this part; 180 horsepower, except aircraft locations; and * * * * * certificated in the rotorcraft category; or * * * * * (2) * * * * * * * * (e) * * * (iii) The student has a solo flight (j) In order to fly solo as provided in (5) * * * endorsement in accordance with § 61.87 paragraph (i) of this section, the (ii) One solo cross country flight of of this part; and recreational pilot must meet the 150 nautical miles total distance, with (iv) The student has a solo cross appropriate aeronautical knowledge and full-stop landings at three points, and country flight endorsement in flight training requirements of § 61.87 one segment of the flight consisting of accordance with paragraph (c) of this for that aircraft. When operating an a straight-line distance of more than 50 section; however, for repeated solo cross aircraft under the conditions specified nautical miles between the takeoff and country flights to another airport within in paragraph (i) of this section, the landing locations; and 50 nautical miles from which the flight recreational pilot shall carry the logbook * * * * * originated, separate endorsements are that has been endorsed for each flight by ■ 33. Amend § 61.127 by: not required to be made for each flight. an authorized instructor who: ■ a. Redesignating paragraphs (b)(4)(vi) * * * * * * * * * * through (ix) as (b)(4)(vii) through (x); ■ ■ 29. Amend § 61.96 by revising ■ 31. Amend § 61.103 by adding new b. Adding a new paragraph (b)(4)(vi); ■ c. Removing paragraph (b)(5)(vii); and paragraphs (b)(7) and (b)(8); and adding paragraph (j) to read as follows: a new paragraph (b)(9) to read as ■ d. Redesignating existing paragraphs follows: § 61.103 Eligibility requirements: General. (b)(5)(viii) through (xiii) as (b)(5)(vii) *** through (xii). § 61.96 Applicability and eligibility The addition reads as follows: requirements: General. (j) Hold a U.S. student pilot certificate, sport pilot certificate, or * * * * * § 61.127 Flight proficiency. recreational pilot certificate. (b) * * * * * * * * (7) Pass the practical test on the areas ■ 32. Amend § 61.109 by revising (b) * * * of operation listed in § 61.98(b) that paragraphs (a)(5)(ii), (b)(5)(ii), (c)(4)(ii), (4) * * * apply to the aircraft category and class (d)(4)(ii), and (e)(5)(ii) to read as (vi) Ground reference maneuvers; rating; follows: * * * * * (8) Comply with the sections of this § 61.109 Aeronautical experience. ■ 34. Amend § 61.129 by revising part that apply to the aircraft category (a) * * * paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(iv), and class rating; and (a)(4) introductory text, (b)(3)(i), (9) Hold either a student pilot (5) * * * (ii) One solo cross country flight of (b)(3)(iii), (b)(3)(iv), (c)(3)(i) through certificate or sport pilot certificate. (iii), (c)(4) introductory text, (d)(3)(i) ■ 150 nautical miles total distance, with 30. Amend § 61.101 by revising full-stop landings at three points, and through (iii), (d)(4) introductory text, paragraphs (b) introductory text, (c) one segment of the flight consisting of (e)(3)(i) through (iii), (e)(4) introductory introductory text, (d) introductory text, a straight-line distance of more than 50 text, (g)(2) introductory text, (g)(3), (e)(1)(iii), and (j) introductory text to nautical miles between the takeoff and (g)(4)(ii), (g)(4)(iii), and (i)(3) to read as read as follows: landing locations; and follows: § 61.101 Recreational pilot privileges and * * * * * § 61.129 Aeronautical experience. limitations. (b) * * * (a) * * * * * * * * (5) * * * (3) * * * (b) A person who holds a recreational (ii) One solo cross country flight of (i) Ten hours of instrument training pilot certificate may act as pilot in 150 nautical miles total distance, with using a view-limiting device including command of an aircraft on a flight full-stop landings at three points, and attitude instrument flying, partial panel within 50 nautical miles from the one segment of the flight consisting of skills, recovery from unusual flight departure airport, provided that person a straight-line distance of more than 50 attitudes, and intercepting and tracking has— nautical miles between the takeoff and navigational systems. Five hours of the * * * * * landing locations; and 10 hours required on instrument (c) A person who holds a recreational * * * * * training must be in a single engine pilot certificate may act as pilot in (c) * * * airplane; command of an aircraft on a flight that (4) * * * * * * * * exceeds 50 nautical miles from the (ii) One solo cross country flight of (iii) One 2-hour cross country flight in departure airport, provided that person 100 nautical miles total distance, with a single engine airplane in daytime has— landings at three points, and one conditions that consists of a total * * * * * segment of the flight being a straight- straight-line distance of more than 100 (d) A person who holds a recreational line distance of more than 25 nautical nautical miles from the original point of pilot certificate may act as pilot in miles between the takeoff and landing departure; command of an aircraft in Class B, C, locations; and (iv) One 2-hour cross country flight in and D airspace, at an airport located in * * * * * a single engine airplane in nighttime Class B, C, or D airspace, and to, from, (d) * * * conditions that consists of a total

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straight-line distance of more than 100 authorized instructor on board (either of authorized instructor on board (either of nautical miles from the original point of which may be credited towards the which may be credited towards the departure; and flight time requirement under paragraph flight time requirement under paragraph * * * * * (c)(2) of this section), on the areas of (e)(2) of this section), on the areas of (4) Ten hours of solo flight time in a operation listed under § 61.127(b)(3) operation listed in § 61.127(b)(5) that single engine airplane or 10 hours of that includes— includes— flight time performing the duties of pilot * * * * * * * * * * in command in a single engine airplane (d) * * * (g) * * * with an authorized instructor on board (3) * * * (2) Thirty hours of pilot in command (either of which may be credited (i) 2.5 hours on the control and flight time in airships or performing the towards the flight time requirement maneuvering of a gyroplane solely by duties of pilot in command in an airship under paragraph (a)(2) of this section), reference to instruments using a view- with an authorized instructor aboard, on the areas of operation listed under limiting device including attitude which consists of— § 61.127(b)(1) that include— instrument flying, partial panel skills, * * * * * * * * * * recovery from unusual flight attitudes, (3) Forty hours of instrument time to (b) * * * and intercepting and tracking include— navigational systems. This aeronautical (3) * * * (i) Instrument training using a view- experience may be performed in an (i) Ten hours of instrument training limiting device for attitude instrument aircraft, flight simulator, flight training using a view-limiting device including flying, partial panel skills, recovery device, or an aviation training device; attitude instrument flying, partial panel from unusual flight attitudes, and (ii) One 2-hour cross country flight in skills, recovery from unusual flight intercepting and tracking navigational a gyroplane in daytime conditions that attitudes, and intercepting and tracking systems; and consists of a total straight-line distance navigational systems. Five hours of the (ii) Twenty hours of instrument flight of more than 50 nautical miles from the 10 hours required on instrument time, of which 10 hours must be in original point of departure; training must be in a multiengine flight in airships. airplane; (iii) Two hours of flight training during nighttime conditions in a (4) * * * * * * * * (ii) One hour cross country flight in (iii) One 2-hour cross country flight in gyroplane at an airport, that includes 10 takeoffs and 10 landings to a full stop an airship in daytime conditions that a multiengine airplane in daytime consists of a total straight-line distance conditions that consists of a total (with each landing involving a flight in the traffic pattern); and of more than 25 nautical miles from the straight-line distance of more than 100 point of departure; and * * * * * nautical miles from the original point of (iii) One hour cross country flight in (4) Ten hours of solo flight time in a departure; an airship in nighttime conditions that (iv) One 2-hour cross country flight in gyroplane or 10 hours of flight time consists of a total straight-line distance a multiengine airplane in nighttime performing the duties of pilot in of more than 25 nautical miles from the conditions that consists of a total command in a gyroplane with an point of departure. straight-line distance of more than 100 authorized instructor on board (either of nautical miles from the original point of which may be credited towards the * * * * * departure; and flight time requirement under paragraph (i) * * * (3) Except when fewer hours are * * * * * (d)(2) of this section), on the areas of (c) * * * operation listed in § 61.127(b)(4) that approved by the FAA, an applicant for (3) * * * includes— the commercial pilot certificate with the (i) Five hours on the control and * * * * * airplane or powered-lift rating who has maneuvering of a helicopter solely by (e) * * * completed 190 hours of aeronautical reference to instruments using a view- (3) * * * experience is considered to have met limiting device including attitude (i) Ten hours of instrument training the total aeronautical experience instrument flying, partial panel skills, using a view-limiting device including requirements of this section, provided recovery from unusual flight attitudes, attitude instrument flying, partial panel the applicant satisfactorily completed and intercepting and tracking skills, recovery from unusual flight an approved commercial pilot course navigational systems. This aeronautical attitudes, and intercepting and tracking under part 142 of this chapter and the experience may be performed in an navigational systems. Five hours of the approved course was appropriate to the aircraft, flight simulator, flight training 10 hours required on instrument commercial pilot certificate and aircraft device, or an aviation training device; training must be in a powered-lift; rating sought. (ii) One 2-hour cross country flight in (ii) One 2-hour cross country flight in ■ 35. Amend § 61.153 by revising a helicopter in daytime conditions that a powered-lift in daytime conditions paragraphs (d)(1), (d)(3), and (h) to read consists of a total straight-line distance that consists of a total straight-line as follows: of more than 50 nautical miles from the distance of more than 100 nautical miles original point of departure; from the original point of departure; § 61.153 Eligibility requirements: General. (iii) One 2-hour cross country flight in (iii) One 2-hour cross country flight in * * * * * a helicopter in nighttime conditions that a powered-lift in nighttime conditions (d) * * * consists of a total straight-line distance that consists of a total straight-line (1) Holds a commercial pilot of more than 50 nautical miles from the distance of more than 100 nautical miles certificate with an instrument rating original point of departure; and from the original point of departure; and issued under this part; * * * * * * * * * * * * * * * (4) Ten hours of solo flight time in a (4) Ten hours of solo flight time in a (3) Holds either a foreign airline helicopter or 10 hours of flight time powered-lift or 10 hours of flight time transport pilot license with instrument performing the duties of pilot in performing the duties of pilot in privileges, or a foreign commercial pilot command in a helicopter with an command in a powered-lift with an license with an instrument rating, that—

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(i) Was issued by a contracting State holder’s approved pilot in command checks satisfies the flight proficiency to the Convention on International Civil training program for the aircraft type requirements of this section for the Aviation; and rating. issuance of an airline transport pilot (ii) Contains no geographical (d) Upgrading type ratings. Any type certificate and/or the appropriate limitations. rating(s) and limitations on a pilot aircraft rating: * * * * * certificate of an applicant who (i) A proficiency check under (h) Comply with the sections of this completes an airline transport pilot § 121.441 of this chapter. subpart that apply to the aircraft practical test will be included at the (ii) Both a competency check under category and class rating sought. airline transport pilot certification level, § 135.293(a)(2) and § 135.293(b) of this ■ 36. Revise § 61.157 to read as follows: provided the applicant passes the chapter and pilot-in-command practical test in the same category and instrument proficiency check under § 61.157 Flight proficiency. class of aircraft for which the applicant § 135.297 of this chapter. (a) General. (1) The practical test for holds the type rating(s). (iii) Both a competency check under an airline transport pilot certificate is (e) Areas of operation. (1) For an § 91.1065 of this chapter and a pilot-in- given for— airplane category—single engine class command instrument proficiency check (i) An airplane category and single rating: under § 91.1069 of this chapter. engine class rating. (i) Preflight preparation; (2) The checks specified in paragraph (ii) An airplane category and (ii) Preflight procedures; (f)(1) of this section must be conducted multiengine class rating. (iii) Takeoff and departure phase; by one of the following: (iii) A rotorcraft category and (iv) In-flight maneuvers; (i) An FAA Aviation Safety Inspector. helicopter class rating. (v) Instrument procedures; (ii) An Aircrew Program Designee (iv) A powered-lift category rating. (vi) Landings and approaches to who is authorized to perform (v) An aircraft type rating. landings; proficiency checks for the air carrier (2) A person who is applying for an (vii) Normal and abnormal whose approved training program has airline transport pilot practical test must procedures; been satisfactorily completed by the meet— (viii) Emergency procedures; and pilot applicant. (i) The eligibility requirements of (ix) Postflight procedures. (iii) A Training Center Evaluator who § 61.153; and (2) For an airplane category— is also authorized to perform the (ii) The aeronautical knowledge and multiengine class rating: portions of the competency and (i) Preflight preparation; aeronautical experience requirements of proficiency checks required by (ii) Preflight procedures; this subpart that apply to the aircraft paragraph (f)(1) of this section for the air (iii) Takeoff and departure phase; category and class rating sought. carrier whose approved training (iv) In-flight maneuvers; (b) Aircraft type rating. Except as program has been satisfactorily (v) Instrument procedures; completed by the pilot applicant. provided in paragraph (c) of this (vi) Landings and approaches to (g) Aircraft not capable of instrument section, a person who applies for an landings; maneuvers and procedures. An aircraft type rating to be added to an (vii) Normal and abnormal applicant may add a type rating to an airline transport pilot certificate or procedures; airline transport pilot certificate with an applies for a type rating to be (viii) Emergency procedures; and concurrently completed with an airline (ix) Postflight procedures. aircraft that is not capable of the transport pilot certificate: (3) For a powered-lift category rating: instrument maneuvers and procedures (1) Must receive and log ground and (i) Preflight preparation; required on the practical test under the flight training from an authorized (ii) Preflight procedures; following circumstances— instructor on the areas of operation (iii) Takeoff and departure phase; (1) The rating is limited to ‘‘VFR under this section that apply to the (iv) In-flight maneuvers; only.’’ aircraft type rating; (v) Instrument procedures; (2) The type rating is added to an (2) Must receive a logbook (vi) Landings and approaches to airline transport pilot certificate that has endorsement from an authorized landings; instrument privileges in that category instructor that certifies the applicant (vii) Normal and abnormal and class of aircraft. completed the training on the areas of procedures; (3) The ‘‘VFR only’’ limitation may be operation listed under paragraph (e) of (viii) Emergency procedures; and removed for that aircraft type after the this section that apply to the aircraft (ix) Postflight procedures. applicant: type rating; and (4) For a rotorcraft category— (i) Passes a practical test in that type (3) Must perform the practical test in helicopter class rating: of aircraft on the appropriate instrument actual or simulated instrument (i) Preflight preparation; maneuvers and procedures in § 61.157; conditions, except as provided under (ii) Preflight procedures; or paragraph (g) of this section. (iii) Takeoff and departure phase; (ii) Becomes qualified in § 61.73(d) for (c) Exceptions. A person who applies (iv) In-flight maneuvers; that type of aircraft. for an aircraft type rating to be added to (v) Instrument procedures; (h) Multiengine airplane with a single- an airline transport pilot certificate or (vi) Landings and approaches to pilot station. An applicant for a type an aircraft type rating concurrently with landings; rating, at the ATP certification level, in an airline transport pilot certificate, and (vii) Normal and abnormal a multiengine airplane with a single- who is an employee of a certificate procedures; pilot station must perform the practical holder operating under part 121 or part (viii) Emergency procedures; and test in the multi-seat version of that 135 of this chapter, does not need to (ix) Postflight procedures. airplane. The practical test may be comply with the requirements of (f) Proficiency and competency checks performed in the single-seat version of paragraph (b) of this section if the conducted under part 121, part 135, or that airplane if the Examiner is in a applicant presents a training record that subpart K of part 91. (1) Successful position to observe the applicant during shows completion of that certificate completion of any of the following the practical test in the case where there

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is no multi-seat version of that § 61.167 Privileges. training required for commercial pilot multiengine airplane. (a) A person who holds an airline and airline transport pilot certificates (i) Single engine airplane with a transport pilot certificate is entitled to must hold an instrument rating on his single-pilot station. An applicant for a the same privileges as a person who or her pilot certificate and flight type rating, at the ATP certification holds a commercial pilot certificate with instructor certificate that is appropriate level, in a single engine airplane with a an instrument rating. to the category and class of aircraft used single-pilot station must perform the (b) * * * for the training provided. practical test in the multi-seat version of (3) Only as provided in this section, (d) * * * that single engine airplane. The except that an airline transport pilot (3) Student pilot’s logbook for solo practical test may be performed in the who also holds a flight instructor flight in a Class B airspace area or at an single-seat version of that airplane if the certificate can exercise the instructor airport within Class B airspace unless Examiner is in a position to observe the privileges under subpart H of this part that flight instructor has— applicant during the practical test in the for which he or she is rated; and * * * * * case where there is no multi-seat * * * * * (h) * * * version of that single engine airplane. ■ 39. Amend § 61.183 by revising (1) * * * (j) Waiver authority. An Examiner paragraph (e)(2) to read as follows: (i) Holds a ground or flight instructor who conducts a practical test may waive certificate with the appropriate rating, any task for which the FAA has § 61.183 Eligibility requirements. has held that certificate for at least 24 provided waiver authority. * * * * * calendar months, and has given at least 40 hours of ground training; or ■ 37. Amend § 61.159 by adding a new (e) * * * (ii) Holds a ground or flight instructor paragraph (c)(3); and revising (2) Holds a teacher’s certificate issued certificate with the appropriate rating, paragraphs (d) and (e) to read as follows: by a State, county, city, or municipality that authorizes the person to teach at an and has given at least 100 hours of § 61.159 Aeronautical experience: Airplane educational level of the 7th grade or ground training in an FAA-approved category rating. higher; or course. * * * * * * * * * * * * * * * (c) * * * ■ 40. Amend § 61.187 by revising (3) A flight instructor who serves as (3) Flight-engineer time, provided the paragraph (b)(6)(vii) to read as follows: a flight instructor in an FAA-approved flight time— course for the issuance of a flight § 61.187 Flight proficiency. (i) Is acquired as a U.S. Armed Forces’ instructor rating must hold a flight flight engineer crewmember in an * * * * * instructor certificate with the airplane that requires a flight engineer (b) * * * appropriate rating and pass the required crewmember by the flight manual; (6) * * * initial and recurrent flight instructor (vii) Launches and landings; (ii) Is acquired while the person is proficiency tests, in accordance with the participating in a flight engineer * * * * * requirements of the part under which crewmember training program for the ■ 41. Amend § 61.193 by revising the the FAA-approved course is conducted, U.S. Armed Forces; and introductory text to read as follows: and must— * * * * * (iii) Does not exceed 1 hour for each § 61.193 Flight instructor privileges. 3 hours of flight engineer flight time for (k) Training for night vision goggle a total credited time of no more than A person who holds a flight instructor operations. A flight instructor may not 500 hours. certificate is authorized within the conduct training for night vision goggle limitations of that person’s flight (d) An applicant is issued an airline operations unless the flight instructor: instructor certificate and ratings to train (1) Has a pilot and flight instructor transport pilot certificate with the and issue endorsements that are certificate with the applicable category limitation, ‘‘Holder does not meet the required for: and class rating for the training; pilot in command aeronautical (2) If appropriate, has a type rating on experience requirements of ICAO,’’ as * * * * * his or her pilot certificate for the prescribed under Article 39 of the ■ 42. Amend § 61.195 by revising aircraft; Convention on International Civil paragraphs (b), (c), (d)(3) introductory (3) Is pilot in command qualified for Aviation, if the applicant does not meet text, (h)(1)(i), (h)(1)(ii), and (h)(3) night vision goggle operations, in the ICAO requirements contained in introductory text, and adding a new accordance with § 61.31(k); Annex 1 ‘‘Personnel Licensing’’ to the paragraph (k) to read as follows: (4) Has logged 100 night vision goggle Convention on International Civil § 61.195 Flight instructor limitations and operations as the sole manipulator of Aviation, but otherwise meets the qualifications. the controls; aeronautical experience requirements of * * * * * (5) Has logged 20 night vision goggle this section. (b) Aircraft Ratings. A flight instructor operations as the sole manipulator of (e) An applicant is entitled to an may not conduct flight training in any the controls in the category and class, airline transport pilot certificate without aircraft for which the flight instructor and type of aircraft, if aircraft class and the ICAO limitation specified under does not hold: type is appropriate, that the training paragraph (d) of this section when the (1) A pilot certificate and flight will be given in; applicant presents satisfactory evidence instructor certificate with the applicable (6) Is qualified to act as pilot in of having met the ICAO requirements category and class rating; and command in night vision goggle under paragraph (d) of this section and (2) If appropriate, a type rating. operations under § 61.57(f) or (g); and otherwise meets the aeronautical (c) Instrument Rating. A flight (7) Has a logbook endorsement from experience requirements of this section. instructor who provides instrument an FAA Aviation Safety Inspector or a ■ 38. Amend § 61.167 by revising training for the issuance of an person who is authorized by the FAA to paragraphs (a) and (b)(3) to read as instrument rating, a type rating not provide that logbook endorsement that follows: limited to VFR, or the instrument states the flight instructor is authorized

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to perform the night vision goggle pilot (2) A flight instructor certification § 61.303 If I want to operate a light-sport in command qualification and recent practical test for an additional rating. aircraft, what operating limits and endorsement requirements in this subpart flight experience requirements under * * * * * § 61.31(k) and § 61.57(f) and (g). must I comply with? ■ 45. Amend § 61.213 by revising ■ 43. Amend § 61.197 by revising the (a) Use the following table to paragraph (b)(2) to read as follows: section heading, paragraph (a) determine what operating limits and introductory text and paragraph (a)(2) to § 61.213 Eligibility requirements. endorsement requirements in this read as follows: subpart, if any, apply to you when you * * * * * operate a light-sport aircraft. The § 61.197 Renewal requirements for flight (b) * * * medical certificate specified in this table instructor certification. (2) Holds a teacher’s certificate issued must be in compliance with § 61.2 in (a) A person who holds a flight by a State, county, city, or municipality regards to currency and validity. If you instructor certificate that has not that authorizes the person to teach at an hold a recreational pilot certificate, but expired may renew that flight instructor educational level of the 7th grade or not a medical certificate, you must certificate by— higher; or comply with cross country requirements * * * * * * * * * * in § 61.101 (c), even if your flight does (2) Submitting a completed and not exceed 50 nautical miles from your ■ signed application with the FAA and 46. Amend § 61.215 by revising departure airport. You must also comply satisfactorily completing one of the paragraphs (b)(1), (2), and (3) to read as with requirements in other subparts of following renewal requirements— follows: this part that apply to your certificate (i) A record of training students § 61.215 Ground instructor privileges. and the operation you conduct. showing that, during the preceding 24 * * * * * * * * * * calendar months, the flight instructor (b) * * * (b) A person using a U.S. driver’s has endorsed at least 5 students for a license to meet the requirements of this practical test for a certificate or rating (1) Ground training on the paragraph must— and at least 80 percent of those students aeronautical knowledge areas required for the issuance of any certificate or * * * * * passed that test on the first attempt. ■ (ii) A record showing that, within the rating under this part except for the 49. Amend § 61.403 by revising preceding 24 calendar months, the flight aeronautical knowledge areas required paragraph (c) to read as follows: instructor has served as a company for an instrument rating. § 61.403 What are the age, language, and check pilot, chief flight instructor, (2) The ground training required for pilot certificate requirements for a flight company check airman, or flight any flight review except for the training instructor certificate with a sport pilot instructor in a part 121 or part 135 required for an instrument rating. rating? operation, or in a position involving the (3) A recommendation for a * * * * * regular evaluation of pilots. knowledge test required for the issuance (c) Hold at least a sport pilot (iii) A graduation certificate showing of any certificate or rating under this certificate with category and class that, within the preceding 3 calendar part except for an instrument rating. ratings or privileges, as applicable, that months, the person has successfully * * * * * are appropriate to the flight instructor completed an approved flight instructor privileges sought. ■ refresher course consisting of ground 47. Revise § 61.217 to read as follows: ■ 50. Amend § 61.407 by revising training or flight training, or a § 61.217 Recent experience requirements. paragraph (c)(2) to read as follows: combination of both. (iv) A record showing that, within the The holder of a ground instructor § 61.407 What aeronautical knowledge preceding 12 months from the month of certificate may not perform the duties of must I have to apply for a flight instructor application, the flight instructor passed a ground instructor unless the person certificate with a sport pilot rating? an official U.S. Armed Forces military can show that one of the following * * * * * instructor pilot proficiency check. occurred during the preceding 12 (c) * * * * * * * * calendar months: (2) Hold a teacher’s certificate issued by a State, county, city, or municipality; ■ 44. Amend § 61.199 by revising the (a) Employment or activity as a or section heading and paragraph (a) to ground instructor giving pilot, flight read as follows: instructor, or ground instructor training; * * * * * (b) Employment or activity as a flight ■ 51. Amend § 61.429 by revising the § 61.199 Reinstatement requirements of an instructor giving pilot, flight instructor, introductory text to read as follows: expired flight instructor certificate. or ground instructor ground or flight § 61.429 May I exercise the privileges of a (a) Flight instructor certificates. The training; holder of an expired flight instructor flight instructor certificate with a sport pilot certificate who has not complied with (c) Completion of an approved flight rating if I hold a flight instructor certificate the flight instructor renewal instructor refresher course and receipt with another rating? requirements of § 61.197 may reinstate of a graduation certificate for that If you hold a flight instructor that flight instructor certificate and course; or certificate, a commercial pilot certificate ratings by filing a completed and signed (d) An endorsement from an with an airship rating, or a commercial application with the FAA and authorized instructor certifying that the pilot certificate with a balloon rating satisfactorily completing one of the person has demonstrated knowledge in issued under this part, and you seek to following reinstatement requirements: the subject areas prescribed under exercise the privileges of a flight (1) A flight instructor certification § 61.213(a)(3) and (a)(4), as appropriate. instructor certificate with a sport pilot practical test, as prescribed by ■ 48. Amend § 61.303 by revising rating, you may do so without any § 61.183(h), for one of the ratings held paragraph (a) introductory text and further showing of proficiency, subject on the expired flight instructor paragraph (b) introductory text to read to the following limits: certificate. as follows: * * * * *

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■ 52. Amend § 61.431 by revising ■ 56. Revise § 141.5 to read as follows: (5) Is equipped and maintained for paragraph (a) to read as follows: IFR operations if used in a course § 141.5 Requirements for a pilot school involving IFR en route operations and certificate. § 61.431 Are there special provisions for instrument approaches. For training in obtaining a flight instructor certificate with The FAA may issue a pilot school a sport pilot rating for persons who are the control and precision maneuvering certificate with the appropriate ratings of an aircraft by reference to registered ultralight instructors with an if, within the 24 calendar months before FAA-recognized ultralight organization? instruments, the aircraft may be the date application is made, the equipped as provided in the approved * * * * * applicant— (a) You must hold either a sport pilot course of training. (a) Completes the application for a (b) When the school’s training facility certificate or recreational pilot pilot school certificate on the form and certificate and meet the requirements is located outside the U.S. and the in the manner prescribed by the FAA; training will be conducted outside the § 61.101(c), or hold at least a private (b) Has held a provisional pilot school U.S., an applicant for a pilot school pilot certificate issued under this part. certificate; certificate or provisional pilot school (c) Meets the applicable requirements * * * * * certificate must show that each aircraft under subparts A through C of this part used by the school for flight training PART 91—GENERAL OPERATING AND for the school certificate and associated and solo flights: FLIGHT RULES ratings sought; (d) Has trained and recommended at (1) Is either a civil aircraft of the ■ 53. The authority citation for part 91 least 10 different people for a United States or a civil aircraft of continues to read as follows: knowledge test or a practical test, or any foreign registry; (2) Is certificated with a standard or Authority: 49 U.S.C. 106(g), 1155, 40103, combination thereof, and at least 80 primary airworthiness certificate or an 40113, 40120, 44101, 44111, 44701, 44704, percent of those persons passed their 44709, 44711, 44712, 44715, 44716, 44717, tests on the first attempt; and equivalent certification from the foreign 44722, 46306, 46315, 46316, 46504, 46506– (e) Has graduated at least 10 different aviation authority; 46507, 47122, 47508, 47528–47531, articles people from the school’s approved (3) Is maintained and inspected in 12 and 29 of the Convention on International training courses. accordance with the requirements for Civil Aviation (61 stat. 1180). ■ 57. Revise § 141.9 to read as follows: aircraft operated for hire under part 91, subpart E of this chapter, or in ■ 54. Amend § 91.205 by redesignating § 141.9 Examining authority. accordance with equivalent existing paragraph (h) as paragraph (i); maintenance and inspection from the and adding a new paragraph (h) to read The FAA issues examining authority foreign aviation authority’s as follows: to a pilot school for a training course if the pilot school and its training course requirements; § 91.205 Powered civil aircraft with meet the requirements of subpart D of (4) Has two pilot stations with engine- standard category U.S. airworthiness this part. power controls that can be easily certificates; Instrument and equipment ■ 58. Amend § 141.33 by revising reached and operated in a normal requirements. paragraph (d)(2) to read as follows: manner from both pilot stations (for * * * * * flight training); and (h) Night vision goggle operations. For § 141.33 Personnel. (5) Is equipped and maintained for night vision goggle operations, the * * * * * IFR operations if used in a course following instruments and equipment (d) * * * involving IFR en route operations and must be installed in the aircraft, (2) The school has an enrollment of at instrument approaches. For training in functioning in a normal manner, and least 10 students at the time designation the control and precision maneuvering approved for use by the FAA: is sought. of an aircraft by reference to (1) Instruments and equipment * * * * * instruments, the aircraft may be specified in paragraph (b) of this ■ 59. Revise § 141.39 to read as follows: equipped as provided in the approved section, instruments and equipment course of training. § 141.39 Aircraft. specified in paragraph (c) of this ■ 60. Amend § 141.53 by revising section; (a) When the school’s training facility paragraph (c) to read as follows: (2) Night vision goggles; is located within the U.S., an applicant (3) Interior and exterior aircraft for a pilot school certificate or § 141.53 Approval procedures for a lighting system required for night vision provisional pilot school certificate must training course: General. goggle operations; show that each aircraft used by the * * * * * (4) Two-way radio communications school for flight training and solo (c) Training courses. An applicant for system; flights: a pilot school certificate or provisional (5) Gyroscopic pitch and bank (1) Is a civil aircraft of the United pilot school certificate may request indicator (artificial horizon); States; approval for the training courses (6) Generator or alternator of adequate (2) Is certificated with a standard or specified under § 141.11(b). capacity for the required instruments primary airworthiness certificate, unless ■ 61. Amend § 141.55 by revising and equipment; and the FAA determines otherwise because paragraphs (d) introductory text, (e) (7) Radar altimeter. of the nature of the approved course; introductory text, and (e)(2)(ii) (3) Is maintained and inspected in * * * * * introductory text to read as follows: accordance with the requirements for § 141.55 Training course: Contents. PART 141—PILOT SCHOOLS aircraft operated for hire under part 91, subpart E, of this chapter; * * * * * ■ 55. The authority citation for 14 CFR (4) Has two pilot stations with engine- (d) A pilot school may request and part 141 continues to read as follows: power controls that can be easily receive initial approval for a period of Authority: 49 U.S.C. 106(g), 40113, 44701– reached and operated in a normal not more than 24 calendar months for 44703, 44707, 44709, 44711, 45102–45103, manner from both pilot stations (for any training course under this part that 45301–45302. flight training); and does not meet the minimum ground and

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flight training time requirements, training provider’s organization, and the use of navigation systems/facilities and provided the following provisions are must contain— radar services appropriate to instrument met: (i) The kind and amount of training flight; and * * * * * provided; and * * * * * (e) A pilot school may request and (ii) The result of each stage check and 5. * * * (a) * * * receive final approval for any training end-of-course test, if appropriate. ■ 63. Amend § 141.85 by revising (1) One solo 100 nautical miles cross course under this part that does not country flight with landings at a minimum of meet the minimum ground and flight paragraphs (a) introductory text and (a)(1) to read as follows: three points and one segment of the flight training time requirements, provided consisting of a straight-line distance of more the following conditions are met: § 141.85 Chief instructor responsibilities. than 50 nautical miles between the takeoff and landing locations; and * * * * * (a) A chief instructor designated for a (2) * * * pilot school or provisional pilot school * * * * * (ii) At least 80 percent of those is responsible for: (b) * * * students passed the practical or (1) Certifying each student’s training (1) One 100 nautical miles cross country knowledge test, as appropriate, on the flight with landings at a minimum of three record, graduation certificate, stage points and one segment of the flight first attempt, and that test was given check and end-of-course test reports, consisting of a straight-line distance of more by— and recommendation for course than 50 nautical miles between the takeoff * * * * * completion, unless the duties are and landing locations; and ■ 62. Amend § 141.77 by revising delegated by the chief instructor to an * * * * * paragraph (c) to read as follows: assistant chief instructor or (c) * * * recommending instructor; (1) One solo 100 nautical miles cross § 141.77 Limitations. * * * * * country flight with landings at a minimum of * * * * * ■ 64. Amend appendix B to part 141 by three points and one segment of the flight (c) A student may be given credit revising paragraph 2; paragraphs consisting of a straight-line distance of more towards the curriculum requirements of 4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); than 25 nautical miles between the takeoff and landing locations; and a course for previous training under the and 5.(a)(1), 5.(b)(1), 5.(c)(1), 5.(d)(1), following conditions: and 5.(e)(1) to read as follows: * * * * * (1) If the student completed a (d) * * * proficiency test and knowledge test that Appendix B to Part 141—Private Pilot (1) One solo 100 nautical miles cross was conducted by the receiving pilot Certification Course country flight with landings at a minimum of three points and one segment of the flight school and the previous training was * * * * * consisting of a straight-line distance of more based on a part 141- or a part 142- 2. Eligibility for enrollment. A person must than 25 nautical miles between the takeoff approved flight training course, the hold either a recreational pilot certificate, and landing locations; and sport pilot certificate, or student pilot credit is limited to not more than 50 * * * * * percent of the flight training certificate before enrolling in the solo flight phase of the private pilot certification course. (e) * * * requirements of the curriculum. (1) One solo 100 nautical miles cross (2) If the student completed a * * * * * country flight with landings at a minimum of knowledge test that was conducted by 4. * * * three points and one segment of the flight the receiving pilot school and the (b) * * * consisting of a straight-line distance of more (1) * * * previous training was based on a part than 50 nautical miles between the takeoff (iii) Three hours of flight training in a and landing locations; and 141- or a part 142-approved aeronautical single engine airplane on the control and knowledge training course, the credit is maneuvering of a single engine airplane * * * * * limited to not more than 50 percent of solely by reference to instruments, including ■ 65. Amend appendix C to part 141 by the aeronautical knowledge training straight and level flight, constant airspeed revising paragraphs 4.(b)(2) through requirements of the curriculum. climbs and descents, turns to a heading, 4.(b)(4); adding new paragraphs 4.(b)(5) (3) If the student completed a recovery from unusual flight attitudes, radio and (6); and revising the introductory proficiency test and knowledge test that communications, and the use of navigation text of paragraph 4.(d) to read as was conducted by the receiving pilot systems/facilities and radar services follows: appropriate to instrument flight; and school and the training was received * * * * * Appendix C to Part 141—Instrument from other than a part 141- or a part Rating Course 142-approved flight training course, the (2) * * * (iii) Three hours of flight training in a credit is limited to not more than 25 * * * * * multiengine airplane on the control and 4. * * * percent of the flight training maneuvering of a multiengine airplane solely requirements of the curriculum. (b) * * * by reference to instruments, including (2) Credit for training in a flight simulator (4) If the student completed a straight and level flight, constant airspeed that meets the requirements of § 141.41(a) knowledge test that was conducted by climbs and descents, turns to a heading, cannot exceed 50 percent of the total flight the receiving pilot school and the recovery from unusual flight attitudes, radio training hour requirements of the course or previous training was received from communications, and the use of navigation of this section, whichever is less. other than a part 141- or a part 142- systems/facilities and radar services (3) Credit for training in a flight training approved aeronautical knowledge appropriate to instrument flight; and device that meets the requirements of training course, the credit is limited to * * * * * § 141.41(b) cannot exceed 40 percent of the not more than 25 percent of the (5) * * * total flight training hour requirements of the aeronautical knowledge training (iii) Three hours of flight training in a course or of this section, whichever is less. powered-lift on the control and maneuvering (4) Credit for training in flight simulators requirements of the curriculum. of a powered-lift solely by reference to and flight training devices, if used in (5) Completion of previous training instruments, including straight and level combination, cannot exceed 50 percent of the must be certified in the student’s flight, constant airspeed climbs and descents, total flight training hour requirements of the training record by the training provider turns to a heading, recovery from unusual course or of this section, whichever is less. or a management official within the flight attitudes, radio communications, and However, credit for training in a flight

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training device cannot exceed the limitation distance of more than 100 nautical miles on instrument training must be in a powered- provided for in paragraph (b)(3) of this from the original point of departure; and lift; section. * * * * * (ii) One 2-hour cross country flight in (5) Credit for training in an approved (2) * * * daytime conditions in a powered-lift that aviation training device cannot exceed 10 (i) Ten hours of instrument training using consists of a total straight-line distance of percent of the total flight training hour a view-limiting device including attitude more than 100 nautical miles from the requirements of the course or of this section, instrument flying, partial panel skills, original point of departure; whichever is less. recovery from unusual flight attitudes, and (iii) One 2-hour cross country flight in (6) Credit for training in flight simulators, intercepting and tracking navigational nighttime conditions in a powered-lift that flight training devices, and aviation training systems. Five hours of the 10 hours required consists of a total straight-line distance of devices, if used in combination, cannot on instrument training must be in a more than 100 nautical miles from the exceed 50 percent of the total flight training multiengine airplane; original point of departure; and hour requirements of the course or of this * * * * * * * * * * section, whichever is less. However, credit (iii) One 2-hour cross country flight in (7) * * * for training in an aviation training device daytime conditions in a multiengine airplane (i) Three hours of instrument training in an cannot exceed the limitation provided under that consists of a total straight-line distance airship, including using a view-limiting paragraph (b)(5) of this section. of more than 100 nautical miles from the device for attitude instrument flying, partial * * * * * original point of departure; panel skills, recovery from unusual flight (d) Each course must include flight training (iv) One 2-hour cross country flight in attitudes, and intercepting and tracking on the areas of operation listed under this nighttime conditions in a multiengine navigational systems; paragraph appropriate to the instrument airplane that consists of a total straight-line (ii) One hour cross country flight in aircraft category and class rating (if a class distance of more than 100 nautical miles daytime conditions in an airship that consists rating is appropriate) for which the course from the original point of departure; and of a total straight-line distance of more than applies: 25 nautical miles from the original point of * * * * * departure; * * * * * (3) * * * (iii) One hour cross country flight in ■ 66. Amend appendix D to part 141 by: (i) Five hours on the control and nighttime conditions in an airship that ■ a. Revising paragraphs 4.(b)(1)(i) maneuvering of a helicopter solely by consists of a total straight-line distance of through (iv); reference to instruments, including using a more than 25 nautical miles from the original view-limiting device for attitude instrument ■ point of departure; and b. Revising paragraphs 4.(b)(2)(i), (iii), flying, partial panel skills, recovery from and (iv); unusual flight attitudes, and intercepting and * * * * * ■ c. Revising paragraphs 4.(b)(3)(i) tracking navigational systems. This (d) * * * through (iii); aeronautical experience may be performed in (4) * * * (vi) Ground reference maneuvers; ■ d. Revising paragraphs 4.(b)(4)(i) an aircraft, flight simulator, flight training through (iii), 4.(b)(5)(i) through (iii); device, or an aviation training device; * * * * * (ii) One 2-hour cross country flight in ■ e. Revising paragraphs 4.(b)(7)(i) 5. * * * daytime conditions in a helicopter that (a) For an airplane single engine course. through (iii); consists of a total straight-line distance of Ten hours of solo flight time in a single ■ f. Redesignating paragraphs more than 50 nautical miles from the original engine airplane, or 10 hours of flight time 4.(d)(4)(vi) through (ix) as 4.(d)(4)(vii) point of departure; while performing the duties of pilot in through (x); (iii) One 2-hour cross country flight in command in a single engine airplane with an ■ g. Adding a new paragraph nighttime conditions in a helicopter that authorized instructor on board. The training 4.(d)(4)(vi); and consists of a total straight-line distance of must consist of the approved areas of ■ more than 50 nautical miles from the original operation under paragraph (d)(1) of section 4 h. Revising the introductory text of point of departure; and of this appendix, and include— paragraphs 5.(a), (b), (c), (d), and (e). * * * * * * * * * * The revisions and addtion read as (4) * * * (b) For an airplane multiengine course. Ten follows: (i) 2.5 hours on the control and hours of solo flight time in a multiengine Appendix D to Part 141—Commercial maneuvering of a gyroplane solely by airplane, or 10 hours of flight time while Pilot Certification Course reference to instruments, including using a performing the duties of pilot in command in view-limiting device for attitude instrument a multiengine airplane with an authorized * * * * * flying, partial panel skills, recovery from instructor on board. The training must 4. * * * unusual flight attitudes, and intercepting and consist of the approved areas of operation (b) * * * tracking navigational systems. This under paragraph (d)(2) of section 4 of this (1) * * * aeronautical experience may be performed in appendix, and include— (i) Ten hours of instrument training using an aircraft, flight simulator, flight training * * * * * device, or an aviation training device; a view-limiting device including attitude (c) For a rotorcraft helicopter course. Ten (ii) One 2-hour cross country flight in instrument flying, partial panel skills, hours of solo flight time in a helicopter, or daytime conditions in a gyroplane that recovery from unusual flight attitudes, and 10 hours of flight time while performing the consists of a total straight-line distance of intercepting and tracking navigational duties of pilot in command in a helicopter more than 50 nautical miles from the original systems. Five hours of the 10 hours required with an authorized instructor on board. The point of departure; on instrument training must be in a single training must consist of the approved areas (iii) Two hours of flight training in engine airplane; of operation under paragraph (d)(3) of section nighttime conditions in a gyroplane at an (ii) Ten hours of training in an airplane 4 of this appendix, and include— that has a retractable landing gear, flaps, and airport, that includes 10 takeoffs and 10 a controllable pitch propeller, or is turbine- landings to a full stop (with each landing * * * * * powered; involving a flight in the traffic pattern); and (d) For a rotorcraft-gyroplane course. Ten (iii) One 2-hour cross country flight in * * * * * hours of solo flight time in a gyroplane, or daytime conditions in a single engine (5) * * * 10 hours of flight time while performing the airplane that consists of a total straight-line (i) Ten hours of instrument training using duties of pilot in command in a gyroplane distance of more than 100 nautical miles a view-limiting device including attitude with an authorized instructor on board. The from the original point of departure; instrument flying, partial panel skills, training must consist of the approved areas (iv) One 2-hour cross country flight in recovery from unusual flight attitudes, and of operation under paragraph (d)(4) of section nighttime conditions in a single engine intercepting and tracking navigational 4 of this appendix, and include— airplane that consists of a total straight-line systems. Five hours of the 10 hours required * * * * *

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(e) For a powered-lift course. Ten hours of (b) For a private pilot certificate, the (7) Principles of air navigation under solo flight time in a powered-lift, or 10 hours following aeronautical knowledge areas must instrument meteorological conditions in the of flight time while performing the duties of be included in a 10-hour ground training National Airspace System; pilot in command in a powered-lift with an course for an additional class rating or a 15- (8) Air traffic control procedures and pilot authorized instructor on board. The training hour ground training course for an additional responsibilities as they relate to en route must consist of the approved areas of aircraft category and class rating: operations, terminal area and radar operation under paragraph (d)(5) of section (1) Applicable regulations issued by the operations, and instrument departure and No. 4 of this appendix, and include— Federal Aviation Administration for private approach procedures; * * * * * pilot privileges, limitations, and flight (9) Aircraft loading; weight and balance; ■ 67. Amend appendix E to part 141 by: operations; use of charts, graphs, tables, formulas, and ■ (2) Safe and efficient operation of aircraft, computations; and the effects on aircraft a. Revising the introductory text of performance; paragraph 2; including collision avoidance, and recognition and avoidance of wake (10) Aerodynamics relating to an aircraft’s ■ b. Removing paragraph 2.(a); flight characteristics and performance in ■ turbulence; c. Redesignating paragraph 2.(b) as (3) Effects of density altitude on takeoff normal and abnormal flight regimes; new paragraph (a); and climb performance; (11) Human factors; ■ d. Revising newly re-designated (4) Weight and balance computations; (12) Aeronautical decision making and paragraph 2.(a); and (5) Principles of aerodynamics, judgment; and ■ e. Redesignating existing paragraphs powerplants, and aircraft systems; (13) Crew resource management to include 2.(c) and (d) as paragraph 2(b) and (c). (6) Stall awareness, spin entry, spins, and crew communication and coordination. The revisions read as follows: spin recovery techniques if applying for an 4. Flight training. (a) Course for an additional airplane airplane single engine rating; and category and single engine class rating. Appendix E to Part 141—Airline (7) Preflight action that includes how to (1) For the recreational pilot certificate, the Transport Pilot Certification Course obtain information on runway lengths at course must include 15 hours of flight airports of intended use, data on takeoff and * * * * * training on the areas of operations under part landing distances, weather reports and 2. Eligibility for enrollment. Before 141, appendix A, paragraph 4(c)(1) that forecasts, and fuel requirements. completing the flight portion of the airline include— (c) For a commercial pilot certificate, the transport pilot certification course, a person (i) Two hours of flight training to an airport following aeronautical knowledge areas must must meet the aeronautical experience and at an airport that is located more than be included in a 15-hour ground training requirements for an airline transport pilot 25 nautical miles from the airport where the course for an additional class rating or a 20- certificate under part 61, subpart G of this applicant normally trains, with three takeoffs chapter that is appropriate to the aircraft hour ground training course for an additional and three landings, except as provided under category and class rating for which the course aircraft category and class rating: § 61.100 of this chapter; and applies, and: (1) Applicable regulations issued by the (ii) Three hours of flight training in an (a) Hold a commercial pilot certificate and Federal Aviation Administration for aircraft with the airplane category and single an instrument rating, or an airline transport commercial pilot privileges, limitations, and engine class within 2 calendar months before pilot certificate with instrument privileges; flight operations; the date of the practical test. * * * * * (2) Basic aerodynamics and the principles (2) For the private pilot certificate, the of flight; ■ 68. Amend appendix I to part 141 by course must include 20 hours of flight (3) Safe and efficient operation of aircraft; training on the areas of operations under part revising the appendix heading; and (4) Weight and balance computations; revising paragraphs 3 and 4 to read as 141, appendix B, paragraph 4(d)(1). A flight (5) Use of performance charts; simulator and flight training device cannot be follows: (6) Significance and effects of exceeding used to meet more than 4 hours of the Appendix I to Part 141—Additional aircraft performance limitations; training requirements, and the use of the (7) Principles and functions of aircraft flight training device is limited to 3 hours of Aircraft Category and/or Class Rating systems; Course the 4 hours permitted. The course must (8) Maneuvers, procedures, and emergency include— * * * * * operations appropriate to the aircraft; (i) Three hours of cross country training in 3. Aeronautical knowledge training. (9) Nighttime and high-altitude operations; a single engine airplane, except as provided (a) For a recreational pilot certificate, the and under § 61.111 of this chapter; following aeronautical knowledge areas must (10) Procedures for flight and ground (ii) Three hours of nighttime flight training be included in a 10-hour ground training training for lighter-than-air ratings. in a single engine airplane that includes one course for an additional aircraft category and/ (d) For an airline transport pilot certificate, cross country flight of more than 100 nautical or class rating: the following aeronautical knowledge areas miles total distance, and 10 takeoffs and 10 (1) Applicable regulations issued by the must be included in a 25-hour ground landings to a full stop (with each landing Federal Aviation Administration for training course for an additional aircraft involving a flight in the traffic pattern) at an recreational pilot privileges, limitations, and category and/or class rating: airport; flight operations; (1) Applicable regulations issued by the (iii) Three hours of flight training in a (2) Safe and efficient operation of aircraft, Federal Aviation Administration for airline single engine airplane on the control and including collision avoidance, and transport pilot privileges, limitations, and maneuvering of the airplane solely by recognition and avoidance of wake flight operations; reference to instruments, including straight turbulence; (2) Meteorology, including knowledge and and level flight, constant airspeed climbs and (3) Effects of density altitude on takeoff effects of fronts, frontal characteristics, cloud descents, turns to a heading, recovery from and climb performance; formations, icing, and upper-air data; unusual flight attitudes, radio (4) Weight and balance computations; (3) General system of weather and NOTAM communications, and the use of navigation (5) Principles of aerodynamics, collection, dissemination, interpretation, and systems/facilities and radar services powerplants, and aircraft systems; use; appropriate to instrument flight; and (6) Stall awareness, spin entry, spins, and (4) Interpretation and use of weather (iv) Three hours of flight training in a spin recovery techniques if applying for an charts, maps, forecasts, sequence reports, single engine airplane within 2 calendar airplane single engine rating; and abbreviations, and symbols; months before the date of the practical test. (7) Preflight action that includes how to (5) National Weather Service functions as (3) For the commercial pilot certificate, the obtain information on runway lengths at they pertain to operations in the National course must include 55 hours of flight airports of intended use, data on takeoff and Airspace System; training on the areas of operations under part landing distances, weather reports and (6) Windshear and microburst awareness, 141, appendix D, paragraph 4(d)(1). A flight forecasts, and fuel requirements. identification, and avoidance; simulator and flight training device cannot be

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used to meet more than 16.5 hours of the the areas of operations under part 141, involving a flight in the traffic pattern) at an training requirements, and the use of the appendix D, paragraph 4.(d)(2). A flight airport; and flight training device is limited to 11 hours simulator and flight training device cannot be (iii) Three hours of flight training in a of the 16.5 hours permitted. The course must used more than 16.5 hours to meet the helicopter within 2 calendar months before include— training requirements, and use of the flight the date of the practical test. (i) Five hours of instrument training in a training device is limited to 11 hours of the (3) The commercial pilot certificate level single engine airplane that includes training 16.5 hours permitted. The course must requires 30 hours flight training on the areas using a view-limiting device on attitude include— of operations under appendix D of part 141, instrument flying, partial panel skills, (i) Five hours of instrument training in a paragraph 4.(d)(3). A flight simulator and recovery from unusual flight attitudes, and multiengine airplane including training using flight training device cannot be used more intercepting and tracking navigational a view-limiting device for attitude instrument than 9 hours to meet the training systems; flying, partial panel skills, recovery from requirements, and use of the flight training (ii) Ten hours of training in an airplane unusual flight attitudes, and intercepting and device is limited to 6 hours of the 9 hours that has retractable landing gear, flaps, and tracking navigational systems; permitted. The course must include— a controllable pitch propeller, or is turbine- (ii) Ten hours of training in a multiengine (i) Five hours on the control and powered; airplane that has retractable landing gear, maneuvering of a helicopter solely by (iii) One 2-hour cross country flight during flaps, and a controllable pitch propeller, or reference to instruments, and must include daytime conditions in a single engine is turbine-powered; training using a view-limiting device for airplane, a total straight-line distance of more (iii) One 2-hour cross country flight during attitude instrument flying, partial panel than 100 nautical miles from the original daytime conditions in a multiengine skills, recovery from unusual flight attitudes, point of departure; airplane, and a total straight-line distance of and intercepting and tracking navigational (iv) One 2-hour cross country flight during more than 100 nautical miles from the systems. This aeronautical experience may be nighttime conditions in a single engine original point of departure; performed in an aircraft, flight simulator, airplane, a total straight-line distance of more (iv) One 2-hour cross country flight during flight training device, or an aviation training than 100 nautical miles from the original nighttime conditions in a multiengine device; point of departure; and airplane, and a total straight-line distance of (ii) One 2-hour cross country flight during (v) Three hours in a single engine airplane more than 100 nautical miles from the daytime conditions in a helicopter, a total within 2 calendar months before the date of original point of departure; and straight-line distance of more than 50 the practical test. (v) Three hours in a multiengine airplane nautical miles from the original point of (4) For the airline transport pilot within 2 calendar months before the date of departure; certificate, the course must include 25 hours the practical test. (iii) One 2-hour cross country flight during flight training, including 15 hours of nighttime conditions in a helicopter, a total (3) For the airline transport pilot instrument training, in a single engine straight-line distance of more than 50 certificate, the course requires 25 hours of airplane on the areas of operation under part nautical miles from the original point of flight training in a multiengine airplane on 141, appendix E, paragraph 4.(c). A flight departure; and the areas of operation under part 141, simulator and flight training device cannot be (iv) Three hours in a helicopter within 2 appendix E, paragraph 4.(c) that includes 15 used to meet more than 12.5 hours of the calendar months before the date of the training requirements; and the use of the hours of instrument training. A flight practical test. flight training device is limited to 6.25 hours simulator and flight training device cannot be (4) For the airline transport pilot of the 12.5 hours permitted. used more than 12.5 hours to meet the certificate, the course requires 25 hours of (b) Course for an additional airplane training requirements, and use of the flight flight training, including 15 hours of category and multiengine class rating. training device is limited to 6.25 hours of the instrument training, in a helicopter on the (1) For the private pilot certificate, the 12.5 hours permitted. areas of operation under part 141, appendix course requires 20 hours flight training on (c) Course for an additional rotorcraft E, paragraph 4.(c). A flight simulator and the areas of operations under part 141, category and helicopter class rating. flight training device cannot be used more appendix B, paragraph 4.(d)(2). A flight (1) For the recreational pilot certificate, the than 12.5 hours to meet the training simulator and flight training device cannot be course requires 15 hours of flight training on requirements, and use of the flight training used more than 4 hours to meet the training the areas of operations under part 141, device is limited to 6.25 hours of the 12.5 requirements, and use of the flight training appendix A, paragraph 4.(c)(2) that hours permitted. device is limited to 3 hours of the 4 hours includes— (d) Course for an additional rotorcraft permitted. The course must include— (i) Two hours of flight training to and at category and a gyroplane class rating. (i) Three hours of cross country training in an airport that is located more than 25 (1) For the recreational pilot certificate, the a multiengine airplane, except as provided nautical miles from the airport where the course requires 15 hours flight training on under § 61.111 of this chapter; applicant normally trains, with three takeoffs the areas of operations under part 141, (ii) Three hours of nighttime flight training and three landings, except as provided under appendix A, paragraph 4.(c)(3) that in a multiengine airplane that includes one § 61.100 of this chapter; and includes— cross country flight of more than 100 nautical (ii) Three hours of flight training in a (i) Two hours of flight training to and at miles total distance, and 10 takeoffs and 10 rotorcraft category and a helicopter class an airport that is located more than 25 landings to a full stop (with each landing aircraft within 2 calendar months before the nautical miles from the airport where the involving a flight in the traffic pattern) at an date of the practical test. applicant normally trains, with three takeoffs airport; (2) For the private pilot certificate, the and three landings, except as provided under (iii) Three hours of flight training in a course requires 20 hours flight training on § 61.100 of this chapter; and multiengine airplane on the control and the areas of operations under part 141, (ii) Three hours of flight training in a maneuvering of a multiengine airplane solely appendix B, paragraph 4.(d)(3). A flight gyroplane class within 2 calendar months by reference to instruments, including simulator and flight training device cannot be before the date of the practical test. straight and level flight, constant airspeed used more than 4 hours to meet the training (2) For the private pilot certificate, the climbs and descents, turns to a heading, requirements, and use of the flight training course requires 20 hours flight training on recovery from unusual flight attitudes, radio device is limited to 3 hours of the 4 hours the areas of operations under part 141, communications, and the use of navigation permitted. The course must include— appendix B, paragraph 4.(d)(4). A flight systems/facilities and radar services (i) Except as provided under § 61.111 of simulator and flight training device cannot be appropriate to instrument flight; and this chapter, 3 hours of cross country flight used more than 4 hours to meet the training (iv) Three hours of flight training in a training in a helicopter; requirements, and use of the flight training multiengine airplane in preparation for the (ii) Three hours of nighttime flight training device is limited to 3 hours of the 4 hours practical test within 2 calendar months in a helicopter that includes one cross permitted. The course must include— before the date of the test. country flight of more than 50 nautical miles (i) Three hours of cross country flight (2) For the commercial pilot certificate, the total distance, and 10 takeoffs and 10 training in a gyroplane, except as provided course requires 55 hours flight training on landings to a full stop (with each landing under § 61.111 of this chapter;

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(ii) Three hours of nighttime flight training the areas of operation under part 141, (2) For the commercial pilot certificate, the in a gyroplane that includes one cross appendix D, paragraph 4.(d)(7). A flight course requires 10 hours of flight training country flight of more than 50 nautical miles simulator and flight training device cannot be that includes eight training flights on the total distance, and 10 takeoffs and 10 used more than 16.5 hours to meet the areas of operation under part 141, appendix landings to a full stop (with each landing training requirements, and use of the flight D, paragraph 4(d)(8). A flight simulator and involving a flight in the traffic pattern) at an training device is limited to 11 hours of the flight training device cannot be used more airport; and 16.5 hours permitted. The course must than 3 hours to meet the training (iii) Three hours of flight training in a include— requirements, and use of the flight training gyroplane within 2 calendar months before (i) Three hours of instrument training in an device is limited to 2 hours of the 3 hours the date of the practical test. airship that must include training using a permitted. The course must include— (3) For the commercial pilot certificate, the view-limiting device for attitude instrument (i) Two flights of 30 minutes each; course requires 30 hours flight training on flying, partial panel skills, recovery from (ii) One flight involving a controlled ascent the areas of operations of appendix D to part unusual flight attitudes, and intercepting and to 3,000 feet above the launch site; and 141, paragraph 4.(d)(4). A flight simulator tracking navigational systems; (iii) Two flights within 2 calendar months and flight training device cannot be used (ii) One hour cross country flight during before the date of the practical test. more than 6 hours to meet the training daytime conditions in an airship that consists (h) Course for an additional powered-lift requirements, and use of the flight training of, a total straight-line distance of more than category rating. device is limited to 6 hours of the 9 hours 25 nautical miles from the original point of (1) For the private pilot certificate, the permitted. The course must include— departure; course requires 20 hours flight training on (i) 2.5 hours on the control and (iii) One hour cross country flight during the areas of operations under part 141, maneuvering of a gyroplane solely by nighttime conditions in an airship that appendix B, paragraph 4(d)(5). A flight reference to instruments, and must include consists of a total straight-line distance of simulator and flight training device cannot be training using a view-limiting device for more than 25 nautical miles from the original used more than 4 hours to meet the training attitude instrument flying, partial panel point of departure; and requirements, and use of the flight training skills, recovery from unusual flight attitudes, (iv) Three hours of flight training in an device is limited to 3 hours of the 4 hours and intercepting and tracking navigational airship within 2 calendar months before the permitted. The course must include— systems. This aeronautical experience may be date of the practical test. (i) Three hours of cross country flight performed in an aircraft, flight simulator, (f) Course for an additional lighter-than-air training in a powered-lift except as provided flight training device, or an aviation training category and a gas balloon class rating. under § 61.111 of this chapter; device. (1) For the private pilot certificate, the (ii) Three hours of nighttime flight training (ii) One 2-hour cross country flight during course requires eight hours of flight training in a powered-lift that includes one cross- daytime conditions in a gyroplane, a total country flight of more than 100 nautical that includes 5 training flights on the areas straight-line distance of more than 50 miles total distance, and 10 takeoffs and 10 of operations under part 141, appendix B, nautical miles from the original point of landings to a full stop (with each landing paragraph 4(d)(8). A flight simulator and departure; involving a flight in the traffic pattern) at an flight training device cannot be used more (iii) Two hours of flight training during airport; than 1.6 hours to meet the training nighttime conditions in a gyroplane at an (iii) Three hours of flight training in a airport, that includes 10 takeoffs and 10 requirements, and use of the flight training powered-lift on the control and maneuvering landings to a full stop (with each landing device is limited to 1.2 hours of the 1.6 hours of a powered-lift solely by reference to involving a flight in the traffic pattern); and permitted. The course must include— instruments, including straight and level (iv) Three hours in a gyroplane within 2 (i) Two flights of 1 hour each; flight, constant airspeed climbs and descents, calendar months before the date of the (ii) One flight involving a controlled ascent turns to a heading, recovery from unusual practical test. to 3,000 feet above the launch site; and flight attitudes, radio communications, and (e) Course for an additional lighter-than-air (iii) Two flights within 2 calendar months the use of navigation systems/facilities and category and airship class rating. before the date of the practical test. radar services appropriate to instrument (1) For the private pilot certificate, the (2) For the commercial pilot certificate, the flight; course requires 20 hours of flight training on course requires 10 hours of flight training (iv) Three hours of flight training in a the areas of operation under part 141, that includes eight training flights on the powered-lift within 2 calendar months before appendix B, paragraph 4.(d)(7). A flight areas of operations under part 141, appendix the date of the practical test. simulator and flight training device cannot be D, paragraph 4(d)(8). A flight simulator and (2) For the commercial pilot certificate, the used more than 4 hours to meet the training flight training device cannot be used more course requires 55 hours flight training on requirements, and use of the flight training than 3 hours to meet the training the areas of operations under part 141, device is limited to 3 hours of the 4 hours requirements, and use of the flight training appendix D, paragraph 4(d)(5). A flight permitted. The course must include— device is limited to 2 hours of the 3 hours simulator and flight training device cannot be (i) Three hours of cross country flight permitted. The course must include— used more than 16.5 hours to meet the training in an airship, except as provided (i) Two flights of 1 hour each; training requirements, and use of the flight under § 61.111 of this chapter; (ii) One flight involving a controlled ascent training device is limited to 11 hours of the (ii) Three hours of nighttime flight training to 5,000 feet above the launch site; and 16.5 hours permitted. The course includes— in an airship that includes one cross country (iii) Two flights within 2 calendar months (i) Five hours of instrument training in a flight of more than 25 nautical miles total before the date of the practical test. powered-lift that must include training using distance and 5 takeoffs and 5 landings to a (g) Course for an additional lighter-than-air a view-limiting device for attitude instrument full stop (with each landing involving a flight category and a hot air balloon class rating. flying, partial panel skills, recovery from in the traffic pattern) at an airport; (1) For the private pilot certificate, the unusual flight attitudes, and intercepting and (iii) Three hours of flight training in an course requires eight hours of flight training tracking navigational systems; airship on the control and maneuvering of an that includes 5 training flights on the areas (ii) One 2-hour cross country flight during airship solely by reference to instruments, of operations under part 141, appendix B, daytime conditions in a powered-lift, a total including straight and level flight, constant paragraph 4(d)(8). A flight simulator and straight-line distance of more than 100 airspeed climbs and descents, turns to a flight training device cannot be used more nautical miles from the original point of heading, recovery from unusual flight than 1.6 hours to meet the training departure; attitudes, radio communications, and the use requirements, and use of the flight training (iii) One 2-hour cross country flight during of navigation systems/facilities and radar device is limited to 1.2 hours of the 1.6 hours nighttime conditions in a powered-lift, a total services appropriate to instrument flight; and permitted. The course must include— straight-line distance of more than 100 (iv) Three hours of flight training in an (i) Two flights of 30 minutes each; nautical miles from the original point of airship within 2 calendar months before the (ii) One flight involving a controlled ascent departure; and date of the practical test. to 2,000 feet above the launch site; and (iv) Three hours of flight training in a (2) For the commercial pilot certificate, the (iii) Two flights within 2 calendar months powered-lift within 2 calendar months before course requires 55 hours of flight training on before the date of the practical test. the date of the practical test.

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(3) For the airline transport pilot the areas of operations under part 141, than 3 hours to meet the training certificate, the course requires 25 hours flight appendix D, paragraph 4.(d)(1). requirements, and use of the flight training training in a powered-lift on the areas of (i) Five hours of instrument training in a device is limited to 2 hours of the 3 hours operation under part 141, appendix E, single engine airplane that must include permitted. The course must include— paragraph 4(c) that includes 15 hours of training using a view-limiting device for (i) Five hours of instrument training in a instrument training. A flight simulator and attitude instrument flying, partial panel multiengine airplane that must include flight training device cannot be used more skills, recovery from unusual flight attitudes, training using a view-limiting device on for than 12.5 hours to meet the training and intercepting and tracking navigational attitude instrument flying, partial panel requirements, and use of the flight training systems. skills, recovery from unusual flight attitudes, device is limited to 6.25 hours of the 12.5 (ii) Ten hours of flight training in an and intercepting and tracking navigational hours permitted. airplane that has retractable landing gear, systems; (i) Course for an additional glider category flaps, and a controllable pitch propeller, or (ii) Ten hours of training in a multiengine rating. is turbine-powered. airplane that has retractable landing gear, (1) For the private pilot certificate, the (iii) One 2-hour cross country flight during flaps, and a controllable pitch propeller, or course requires 4 hours of flight training in daytime conditions in a single engine is turbine-powered; a glider on the areas of operations under part airplane and a total straight-line distance of (iii) One 2-hour cross country flight during 141, appendix B, paragraph 4(d)(6). A flight more than 100 nautical miles from the daytime conditions in a multiengine airplane simulator and flight training device cannot be original point of departure; and, a total straight-line distance of more used more than 0.8 hours to meet the training (iv) One 2-hour cross country flight during than 100 nautical miles from the original requirements, and use of the flight training nighttime conditions in a single engine point of departure; device is limited to 0.6 hours of the 0.8 hours airplane and a total straight-line distance of (iv) One 2-hour cross country flight during permitted. The course must include— more than 100 nautical miles from the nighttime conditions in a multiengine (i) Five training flights in a glider with a original point of departure; and airplane and, a total straight-line distance of certificated flight instructor on the launch/ (v) Three hours of flight training in a single more than 100 nautical miles from the tow procedures approved for the course and engine airplane within 2 calendar months original point of departure; and on the appropriate approved areas of before the date of the practical test. (iv) Three hours of flight training in a operation listed under appendix B, paragraph (3) For the airline transport pilot multiengine airplane within 2 calendar 4(d)(6) of this part; and certificate, the course requires 25 hours flight months before the date of the practical test. (ii) Three training flights in a glider with training in a single engine airplane on the (3) For the airline transport pilot a certificated flight instructor within 2 areas of operation under appendix E to part certificate, the course requires 25 hours of calendar months before the date of the 141, paragraph 4.(c), that includes 15 hours training in a multiengine airplane on the practical test. of instrument training. A flight simulator and areas of operation of appendix E to part 141, (2) The commercial pilot certificate level flight training device cannot be used more paragraph 4.(c) that includes 15 hours of requires 4 hours of flight training in a glider than 12.5 hours to meet the training instrument training. A flight simulator and on the areas of operation under part 141, requirements, and use of the flight training flight training device cannot be used more appendix D, paragraph 4.(d)(6). A flight device is limited to 6.25 hours of the 12.5 than 12.5 hours to meet the training simulator and flight training device cannot be used more than 0.8 hours to meet the training hours permitted. requirements, and use of the flight training requirements, and use of the flight training (k) Course for an airplane additional device is limited to 6.25 hours of the 12.5 device is limited to 0.6 hours of the 0.8 hours multiengine class rating. hours permitted. permitted. The course must include— (1) For the private pilot certificate, the (l) Course for a rotorcraft additional (j) Course for an airplane additional single course requires 3 hours of flight training on helicopter class rating. engine class rating. the areas of operations of appendix B to part (1) For the recreational pilot certificate, the (1) For the private pilot certificate, the 141, paragraph 4(d)(2). A flight simulator and course requires 3 hours of flight training on course requires 3 hours of flight training in flight training device cannot be used more the areas of operations under appendix A of the areas of operations under part 141, than 0.6 hours to meet the training part 141, paragraph 4.(c)(2) that includes— appendix B, paragraph 4.(d)(1). A flight requirements, and use of the flight training (i) Two hours of flight training to and at simulator and flight training device cannot be device is limited to 0.4 hours of the 0.6 hours an airport that is located more than 25 used more than 0.6 hours to meet the training permitted. The course must include— nautical miles from the airport where the requirements, and use of the flight training (i) Three hours of cross country training in applicant normally trains, with three takeoffs device is limited to 0.4 hours of the 0.6 hours a multiengine airplane, except as provided and three landings, except as provided under permitted. The course must include— under § 61.111 of this chapter; § 61.100 of this chapter; and (i) Three hours of cross country training in (ii) Three hours of nighttime flight training (ii) Three hours of flight training in a a single engine airplane, except as provided in a multiengine airplane that includes one helicopter within 2 calendar months before under § 61.111 of this chapter; cross country flight of more than 100 nautical the date of the practical test. (ii) Three hours of nighttime flight training miles total distance in a multiengine (2) For the private pilot certificate, the in a single engine airplane that includes one airplane, and 10 takeoffs and 10 landings to course requires 3 hours flight training on the cross country flight of more than 100 nautical a full stop (with each landing involving a areas of operations under appendix B of part miles total distance in a single engine flight in the traffic pattern) at an airport; 141, paragraph 4.(d)(3). A flight simulator airplane and 10 takeoffs and 10 landings to (iii) Three hours of flight training in a and flight training device cannot be used a full stop (with each landing involving a multiengine airplane on the control and more than 0.6 hours to meet the training flight in the traffic pattern) at an airport; maneuvering of a multiengine airplane solely requirements, and use of the flight training (iii) Three hours of flight training in a by reference to instruments, including device is limited to 0.4 hours of the 0.6 hours single engine airplane on the control and straight and level flight, constant airspeed permitted. The course must include— maneuvering of a single engine airplane climbs and descents, turns to a heading, (i) Three hours of cross country training in solely by reference to instruments, including recovery from unusual flight attitudes, radio a helicopter, except as provided under straight and level flight, constant airspeed communications, and the use of navigation § 61.111 of this chapter; climbs and descents, turns to a heading, systems/facilities and radar services (ii) Three hours of nighttime flight training recovery from unusual flight attitudes, radio appropriate to instrument flight; and in a helicopter that includes one cross communications, and the use of navigation (iv) Three hours of flight training in a country flight of more than 50 nautical miles systems/facilities and radar services multiengine airplane within 2 calendar total distance, and 10 takeoffs and 10 appropriate to instrument flight; and months before the date of the practical test. landings to a full stop (with each landing (iv) Three hours of flight training in a (2) For the commercial pilot certificate, the involving a flight in the traffic pattern) at an single engine airplane within 2 calendar course requires 10 hours of training on the airport; and months before the date of the practical test. areas of operations under appendix D of part (iii) Three hours of flight training in a (2) For the commercial pilot certificate, the 141, paragraph 4(d)(2). A flight simulator and helicopter within 2 calendar months before course requires 10 hours of flight training on flight training device cannot be used more the date of the practical test.

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(3) For the commercial pilot certificate, the (iii) Three hours of flight training in a (i) Three hours of instrument training in an course requires 5 hours flight training on the gyroplane within 2 calendar months before airship that must include training using a areas of operations under appendix D of part the date of the practical test. view-limiting device for attitude instrument 141, paragraph 4.(d)(3). Use of a flight (3) For the commercial pilot certificate, the flying, partial panel skills, recovery from simulator and flight training device in the course requires 5 hours flight training on the unusual flight attitudes, and intercepting and approved training course cannot exceed 1 areas of operations of appendix D to part 141, tracking navigational systems; hour; however, use of the flight training paragraph 4.(d)(4). A flight simulator and (ii) One hour cross country flight during device cannot exceed 0.7 of the one hour. flight training device cannot be used more daytime conditions in an airship that consists The course must include— than 1 hour to meet the training of a total straight-line distance of more than (i) Five hours on the control and requirements, and use of the flight training 25 nautical miles from the original point of maneuvering of a helicopter solely by device is limited to 0.7 hours of the 1 hour departure; reference to instruments, and must include permitted. The course must include— (iii) One hour cross country flight during training using a view-limiting device for (i) 2.5 hours on the control and nighttime conditions in an airship that attitude instrument flying, partial panel maneuvering of a gyroplane solely by consists of a total straight-line distance of skills, recovery from unusual flight attitudes, reference to instruments, and must include more than 25 nautical miles from the original and intercepting and tracking navigational training using a view-limiting device for point of departure; and systems. This aeronautical experience may be attitude instrument flying, partial panel (iv) Three hours of flight training in an performed in an aircraft, flight simulator, skills, recovery from unusual flight attitudes, airship within 2 calendar months before the flight training device, or an aviation training and intercepting and tracking navigational date of the practical test. device; systems. This aeronautical experience may be (o) Course for a lighter-than-air additional (ii) One 2-hour cross country flight during performed in an aircraft, flight simulator, gas balloon class rating. daytime conditions in a helicopter and, a flight training device, or an aviation training (1) For the private pilot certificate, the total straight-line distance of more than 50 device. course requires eight hours of flight training nautical miles from the original point of (ii) Three hours of cross country flight that includes 5 training flights on the areas departure; training in a gyroplane, except as provided of operations under appendix B of part 141, (iii) One 2-hour cross country flight during under § 61.111 of this chapter; paragraph 4.(d)(8). A flight simulator and nighttime conditions in a helicopter and a (iii) Two hours of flight training during flight training device cannot be used more total straight-line distance of more than 50 nighttime conditions in a gyroplane at an than 1.6 hours to meet the training nautical miles from the original point of airport that includes 10 takeoffs and 10 requirements, and use of the flight training departure; and landings to a full stop (with each landing device is limited to 1.2 hours of the 1.6 hours (iv) Three hours of flight training in a involving a flight in the traffic pattern); and permitted. The course must include— helicopter within 2 calendar months before (iv) Three hours of flight training in a (i) Two flights of 1 hour each; the date of the practical test. gyroplane within 2 calendar months before (ii) One flight involving a controlled ascent (4) For the airline transport pilot the date of the practical test. to 3,000 feet above the launch site; and certificate, the course requires 25 hours of (n) Course for a lighter-than-air additional (iii) Two flights within 2 calendar months flight training in a helicopter on the areas of airship class rating. before the date of the practical test. operation under appendix E of part 141, paragraph 4.(c) that includes 15 hours of (1) For the private pilot certificate, the (2) For the commercial pilot certificate, the instrument training. A flight simulator and course requires 20 hours of flight training on course requires 10 hours of flight training flight training device cannot be used more the areas of operation under appendix B of that includes eight training flights on the than 12.5 hours to meet the training part 141, paragraph 4.(d)(7). A flight areas of operations of appendix D to part 141, requirements, and use of the flight training simulator and flight training device cannot be paragraph 4.(d)(8). A flight simulator and device is limited to 6.25 hours of the 12.5 used more than 4 hours to meet the training flight training device cannot be used more hours permitted. requirements, and use of the flight training than 3 hours to meet the training (m) Course for a rotorcraft additional device is limited to 3 hours of the 4 hours requirements, and use of the flight training gyroplane class rating. permitted. The course must include— device is limited to 2 hours of the 3 hours (1) For the recreational pilot certificate, the (i) Three hours of cross country training in permitted. The course must include— course requires 3 hours flight training on the an airship, except as provided under § 61.111 (i) Two flights of 1 hour each; areas of operations of appendix A to part 141, of this chapter; (ii) One flight involving a controlled ascent paragraph 4.(c)(3) that includes— (ii) Three hours of nighttime flight training to 5,000 feet above the launch site; and (i) Except as provided under § 61.100 of in an airship that includes one cross country (iii) Two flights within 2 calendar months this chapter, 2 hours of flight training to and flight of more than 25 nautical miles total before the date of the practical test. at an airport that is located more than 25 distance, and 5 takeoffs and 5 landings to a (p) Course for a lighter-than-air additional nautical miles from the airport where the full stop (with each landing involving a flight hot air balloon class rating. applicant normally trains, with three takeoffs in the traffic pattern) at an airport; (1) For the private pilot certificate, the and three landings; and (iii) Three hours of flight training in an course requires 8 hours of flight training that (ii) Within 2 calendar months before the airship on the control and maneuvering of an includes 5 training flights on the areas of date of the practical test, 3 hours of flight airship solely by reference to instruments, operations of appendix B to part 141, training in a gyroplane. including straight and level flight, constant paragraph 4.(d)(8). A flight simulator and (2) For the private pilot certificate, the airspeed climbs and descents, turns to a flight training device cannot be used more course requires 3 hours flight training on the heading, recovery from unusual flight than 1.6 hours to meet the training areas of operations of appendix B to part 141, attitudes, radio communications, and the use requirements, and use of the flight training paragraph 4.(d)(4). A flight simulator and of navigation systems/facilities and radar device is limited to 1.2 hours of the 1.6 hours flight training device cannot be used more services appropriate to instrument flight; and permitted. The course must include— than 0.6 hours to meet the training (iv) Three hours of flight training in an (i) Two flights of 30 minutes each; requirements, and use of the flight training airship within 2 calendar months before the (ii) One flight involving a controlled ascent device is limited to 0.4 hours of the 0.6 hours date of the practical test. to 2,000 feet above the launch site; and permitted. The course must include— (2) For the commercial pilot certificate, the (iii) Two flights within 2 calendar months (i) Three hours of cross country training in course requires 55 hours of flight training on before the date of the practical test. a gyroplane; the areas of operation under appendix D of (2) For the commercial pilot certificate, the (ii) Three hours of nighttime flight training part 141, paragraph 4.(d)(7). A flight course requires 10 hours of flight training in a gyroplane that includes one cross simulator and flight training device cannot be that includes eight training flight on the areas country flight of more than 50 nautical miles used more than 16.5 hours to meet the of operation of appendix D to part 141, total distance, and 10 takeoffs and 10 training requirements, and use of the flight paragraph 4.(d)(8). A flight simulator and landings to a full stop (with each landing training device is limited to 11 hours of the flight training device cannot be used more involving a flight in the traffic pattern) at an 16.5 hours permitted. The course must than 3 hours to meet the training airport; and include— requirements, and use of the flight training

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device is limited to 2 hours of the 3 hours (iii) Two flights within 2 calendar months Issued in Washington, DC, on August 5, permitted. The course must include— before the date of the practical test. 2009. (i) Two flights of 30 minutes each. * * * * * J. Randolph Babbitt, (ii) One flight involving a controlled ascent Administrator. to 3,000 feet above the launch site; and [FR Doc. E9–19353 Filed 8–20–09; 8:45 am] BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 74, No. 161 Friday, August 21, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. Proposed Rules: Presidential Documents 3 CFR Executive orders and proclamations 741–6000 31...... 38372 The United States Government Manual 741–6000 Administrative Orders: 50 ...... 38987, 40006, 40765 Presidential 52...... 40006 Other Services Determinations: 110...... 41096 Electronic and on-line services (voice) 741–6020 Presidential 609...... 39569 Privacy Act Compilation 741–6064 Determination 2009– Public Laws Update Service (numbers, dates, etc.) 741–6043 23 of July 8, 11 CFR TTY for the deaf-and-hard-of-hearing 741–6086 2009 ...... 41787 111...... 39535 Memorandums: 12 CFR ELECTRONIC RESEARCH Memorandum of July 30, 2009 ...... 38885 226...... 40477, 41194 World Wide Web Memorandum of 308...... 40478 Full text of the daily Federal Register, CFR and other publications August 5, 2009...... 39871 363...... 40478 is located at: http://www.gpoaccess.gov/nara/index.html Memorandum of 619...... 40060 Federal Register information and research tools, including Public August 6, 2009...... 40055 620...... 40060 Inspection List, indexes, and links to GPO Access are located at: Notices: 621...... 40060 l http://www.archives.gov/federal register Notice of August 13, 1229...... 38508 E-mail 2009 ...... 41325 1282...... 39873 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1291...... 38514 4 CFR an open e-mail service that provides subscribers with a digital Proposed Rules: form of the Federal Register Table of Contents. The digital form 202...... 38503 914...... 38559 of the Federal Register Table of Contents includes HTML and Proposed Rules: 985...... 38564 PDF links to the full text of each document. 200...... 38363 989...... 38564 To join or leave, go to http://listserv.access.gpo.gov and select 201...... 38366 1235...... 38559 Online mailing list archives, FEDREGTOC-L, Join or leave the list 1273...... 38564 (or change settings); then follow the instructions. 5 CFR 1274...... 38564 PENS (Public Law Electronic Notification Service) is an e-mail 300...... 40057 1282...... 38572 service that notifies subscribers of recently enacted laws. 315...... 40471 1732...... 38559 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 316...... 40471 and select Join or leave the list (or change settings); then follow 532...... 42169 13 CFR the instructions. 313...... 41592 FEDREGTOC-L and PENS are mailing lists only. We cannot 6 CFR 315...... 41592 respond to specific inquiries. 5...... 38887 14 CFR Reference questions. Send questions and comments about the 7 CFR Federal Register system to: [email protected] 25 ...... 38328, 40479, 40482 The Federal Register staff cannot interpret specific documents or 6...... 41033 39 ...... 38340, 38894, 38896, regulations. 210...... 38889 38899, 38901, 38903, 38905, Reminders. Effective January 1, 2009, the Reminders, including 925...... 38323 38910, 38912, 40061, 40484, Rules Going Into Effect and Comments Due Next Week, no longer 932...... 38324 41327, 41603, 41605, 41607, appear in the Reader Aids section of the Federal Register. This 944...... 38323 41611 information can be found online at http://www.regulations.gov. 948...... 38504 61...... 42500 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 959...... 38505 71 ...... 40065, 40066, 40067 longer appears in the Federal Register. This information can be 1205...... 39211 91...... 42174, 42500 found online at http://bookstore.gpo.gov/. 1415...... 42170 95...... 40488 1436...... 41581 97 ...... 40719, 40721, 41613, FEDERAL REGISTER PAGES AND DATE, AUGUST Proposed Rules: 41615 761...... 39565 121...... 42174 38323–38502...... 3 766...... 39565 125...... 42174 38503–38884...... 4 983...... 39230 135...... 38522 38885–39210...... 5 1493...... 39240 141...... 42500 39211–39534...... 6 Proposed Rules: 39535–39870...... 7 8 CFR 1...... 41522 39871–40056...... 10 Proposed Rules: 21...... 39242 40057–40470...... 11 274a...... 41801 23...... 41522 40471–40718...... 12 39 ...... 38381, 38988, 38991, 40719–41032...... 13 9 CFR 38993, 38995, 38999, 39243, 41033–41326...... 14 145...... 38326 39582, 40525, 40527, 40529, 41327–41580...... 17 40776, 40778, 40781, 41096, 41581–41786...... 18 10 CFR 41642, 41805, 41807, 41810, 41787–42024...... 19 26...... 38326 41813 42025–42168...... 20 50...... 38890 71 ...... 39001, 39002, 39908, 42169–42572...... 21 72...... 40060 40534, 40535

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15 CFR 31...... 38830 40 CFR 73 ...... 38388, 38389, 39529, 30...... 38914 602...... 38830 50...... 40074 39260, 39261, 40806, 41106, 801...... 41035 Proposed Rules: 51...... 40074 41831, 41832, 42043 Proposed Rules: 301...... 39003 52 ...... 38536, 40083, 40745, 95...... 39249 742...... 40117 40747, 40750, 41340, 41637 28 CFR 774...... 40117 55...... 40498, 42175 48 CFR Proposed Rules: 62...... 38344, 38346 Ch. 1...... 40458, 40468 16 CFR 58...... 41101 141...... 38348 4...... 40463 317...... 40686 174...... 39540 5...... 40459 1500...... 39535 29 CFR 180 ...... 38924, 38935, 38945, 7...... 40459 Proposed Rules: 1612...... 42025 38952, 38956, 38962, 38970, 15...... 40463 310...... 41988 1910...... 40442 39543, 39545, 40503, 40509, 22...... 40460, 40461 425...... 40121 4022...... 41039 40513, 40753, 41794 25...... 40461, 40463 1112...... 40784 271...... 40518 Proposed Rules: 28...... 40466 471...... 38488 300...... 40085, 41341 17 CFR 30...... 40467 1910...... 40450 721...... 42177 7...... 39211 32...... 40468 Proposed Rules: 52 ...... 40460, 40461, 40463, 200...... 40068 30 CFR 52 ...... 39007, 39592, 40122, 40466, 40467, 40468 232...... 38523 40123, 40804, 40805, 41104, 250...... 40069 501...... 41060 248...... 40398 41357, 41648, 41818, 41826, 251...... 40726 502...... 39563 Proposed Rules: 41829, 42038 Proposed Rules: 519...... 41060 190...... 40794 62...... 38384, 38385 926...... 40537, 40799 552...... 41060 242...... 42033 63...... 39013 3025...... 41346 275...... 39840 80...... 41359 33 CFR 3052...... 41346 96...... 39592 18 CFR 100 ...... 38524, 39213, 40731 211...... 39150, 42223 Proposed Rules: 117 ...... 41632, 41789, 41790 385...... 41037 271...... 40539 2...... 39262, 40131 147...... 38524 Proposed Rules: 300...... 40123, 41361 4 ...... 39262, 40131, 42044 410...... 41100 165 ...... 38524, 38530, 38916, 12...... 40131 38918, 39216, 40734, 41040, 41 CFR 15...... 39262 20 CFR 41043, 41045, 41334, 42026 102-36...... 41060 25...... 39597 10...... 41617 Proposed Rules: 39...... 40131 Proposed Rules: 117 ...... 40802, 41816, 42037 42 CFR 42...... 39262, 42044 165 ...... 39247, 39584, 42220 618...... 39198 405...... 39384 45...... 39262 168...... 41646 652...... 41815 412...... 39762 52 ...... 39262, 40131, 42044 661...... 41815 34 CFR 418...... 39384 662...... 41815 483...... 40288 49 CFR 663...... 41815 371...... 40495 Proposed Rules: 89...... 40521 664...... 41815 Proposed Rules: 73...... 41829 667...... 41815 600...... 39498, 42380 501...... 41067 409...... 39436, 40948 571...... 40760 602...... 39498 410...... 39032 21 CFR 668...... 42380 593...... 41068 411...... 39032 599...... 38974 2...... 40069 675...... 42380 414...... 39032 312...... 40872, 40900 686...... 42380 Proposed Rules: 415...... 39032 213...... 41558 316...... 40900 690...... 42380 424...... 39436, 40948 510...... 38341 692...... 42380 237...... 41558 484...... 39436, 40948 544...... 41362 524...... 38341 485...... 39032 36 CFR 558...... 40723, 41631 489...... 39436, 40948 601...... 42175 223...... 40736 50 CFR 872...... 38686 44 CFR 1012...... 42028 17...... 40132 Proposed Rules: 64...... 38358, 41056 310...... 42184 37 CFR 20...... 40138 Proposed Rules: 314...... 42184 25...... 41351 201...... 39900 67...... 38386 600...... 42184 32...... 41351 351...... 38532 206...... 40124 803...... 42203 226...... 39903 300...... 38544 1308...... 42217 38 CFR 46 CFR 648...... 39229 22 CFR Proposed Rules: 10...... 39218 679 ...... 38558, 38985, 40523, 123...... 38342, 39212 1...... 39589 11...... 39218 41080, 42178 124...... 38342 4...... 39591 Proposed Rules: 680...... 41092 535...... 41831 Proposed Rules: 126...... 38342 39 CFR 129...... 38342 17 ...... 39268, 40540, 40650, 3020 ...... 38921, 40708, 40714, 47 CFR 41649, 41662, 41832 25 CFR 41047, 41051, 41336, 41633, 1...... 39219, 40089 20...... 39598, 41008 26...... 41328 41791 63...... 39551 229...... 39910, 39914 27...... 41328 Proposed Rules: 73 ...... 39228, 41059, 41798, 218...... 40560 111...... 38383 41799 300...... 39032, 39269 26 CFR 3020...... 38533 Proposed Rules: 600...... 39914 1...... 38830 3050...... 39909 2...... 39249 635...... 39032, 39914

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Register but may be ordered S. 1107/P.L. 111–49 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual publaws-l.html LIST OF PUBLIC LAWS Judicial Survivors Protection pamphlet) form from the Act of 2009 (Aug. 12, 2009; Superintendent of Documents, 123 Stat. 1976) Note: This service is strictly This is a continuing list of U.S. Government Printing public bills from the current Office, Washington, DC 20402 Last List August 11, 2009 for E-mail notification of new session of Congress which (phone, 202–512–1808). The laws. The text of laws is not have become Federal laws. It text will also be made available through this service. may be used in conjunction available on the Internet from Public Laws Electronic PENS cannot respond to with ‘‘P L U S’’ (Public Laws GPO Access at http:// Notification Service specific inquiries sent to this Update Service) on 202–741– www.gpoaccess.gov/plaws/ address. 6043. This list is also index.html. Some laws may (PENS) available online at http:// not yet be available. www.archives.gov/federal- register/laws.html. H.R. 838/P.L. 111–48 PENS is a free electronic mail Miami Dade College Land notification service of newly The text of laws is not Conveyance Act (Aug. 12, enacted public laws. To published in the Federal 2009; 123 Stat. 1974) subscribe, go to http://

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