1–22–09 Thursday Vol. 74 No. 13 Jan. 22, 2009
Pages 3963–4114
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Contents Federal Register Vol. 74, No. 13
Thursday, January 22, 2009
Agriculture Department Drug Enforcement Administration See Commodity Credit Corporation NOTICES See Forest Service Controlled Substances Importer; Applications, 4054 NOTICES Controlled Substances Manufacturer; Registrations, 4054– Agency Information Collection Activities; Proposals, 4055 Submissions, and Approvals, 3981–3983 Economic Development Administration Air Force Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Privacy Act; Systems of Records, 4012–4022 Submissions, and Approvals, 3986–3987
Army Department Education Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Centers for Disease Control and Prevention Submissions, and Approvals, 4023–4025 NOTICES Safe and Drug–Free Schools and Communities (SDFSC) Agency Information Collection Activities; Proposals, Programs for Native Hawaiians, 4025–4028 Submissions, and Approvals, 4037–4039 Evaluation of Downdraft Vented Nail Salon Tables, 4039 Energy Department See Federal Energy Regulatory Commission Coast Guard NOTICES NOTICES Multi–Agency Radiation Survey and Assessment of Environmental Impact Statements; Availability, etc.: Materials and Equipment Manual; Correction, 3995 Long Range Aids to Navigation (Loran–C) Program, 4047– 4048 Engineers Corps NOTICES Commerce Department Environmental Impact Statements; Intent: See Economic Development Administration Beluga to Fairbanks (B2F) Natural Gas Transportation See Foreign–Trade Zones Board Pipeline Proposed by the Alaska Natural Gas See International Trade Administration Development Authority (ANGDA), 4022–4023 See National Oceanic and Atmospheric Administration NOTICES Environmental Protection Agency Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 3985–3986 Approval and Promulgation of Implementation Plans: Nevada; Vehicle Inspection and Maintenance Program, Commodity Credit Corporation 3975–3977 NOTICES NOTICES Chesapeake Bay Watershed Initiative, 3983–3984 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4034–4035 Community Development Financial Institutions Fund Motor Vehicle Emissions Budgets: NOTICES San Joaquin Valley, CA, 4032–4034 New Markets Tax Credit Program, 4077–4087 Multi–Agency Radiation Survey and Assessment of Materials and Equipment Manual; Correction, 3995 Consumer Product Safety Commission NOTICES Executive Office of the President Provisional Acceptance of a Settlement Agreement and See Presidential Documents Order: Lasko Products Inc., 3993–3995 Export–Import Bank NOTICES Defense Department Economic Impact Policy, 4035 See Air Force Department See Engineers Corps Federal Aviation Administration NOTICES RULES Multi–Agency Radiation Survey and Assessment of Standard Instrument Approach Procedures, and Takeoff Materials and Equipment Manual; Correction, 3995 Minimums and Obstacle Departure Procedures: Privacy Act; Systems of Records, 3995–4012 Miscellaneous Amendments, 3963–3965 Standard Instrument Approach Procedures, and Takeoff Defense Minimums: See Defense Department Miscellaneous Amendments, 3965–3967 PROPOSED RULES Department of Transportation Airworthiness Directives: See Pipeline and Hazardous Materials Safety Turbomeca S.A. Arrius 2F Turboshaft Engines, 3978– Administration 3980
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Federal Communications Commission Health Resources and Services Administration NOTICES NOTICES Hearing Designation Order: Leadership Education in Neurodevelopmental and Other NFL Enterprises LLC, Complainant v. Comcast Cable Related Disabilities MCH Training Program, 4040–4041 Communications, LLC, Defendant, 4035–4036 Wireless Telecommunications Bureau Seeks Comment on Homeland Security Department Petition for Rulemaking to Transition Part 22 Cellular See Coast Guard Services to Geographic Market–Area Licensing, 4036– 4037 Housing and Urban Development Department NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 4048–4050 Applications: Alabama Power Co., 4028–4029 Interior Department Marseilles Land & Water Co., 4029 See Land Management Bureau Blanket Authorizations: International Trade Administration Vickers Power, LLC, 4032 Filings: NOTICES City of Pasadena, CA, 4029–4030 Antidumping: Tapered Roller Bearings, Finished and Unfinished, from City of Riverside, CA, 4030 ′ Meetings; Sunshine Act, 4030–4032 the People s Republic of China, 3987–3990 International Trade Commission Federal Highway Administration NOTICES NOTICES Invesitgations: Express Lanes Demonstration Program: General Exclusion Order; Hydraulic Excavators and Performance Goals for the Texas Department of Components, 4051–4052 Transportation Express Lanes IH–635/IH35E and Meetings; Sunshine Act, 4052 North Tarrant Express Lanes Projects, 4069–4071 Justice Department Federal Railroad Administration See Drug Enforcement Administration NOTICES NOTICES Petition for Waiver of Compliance: Consent Decree: Iowa Interstate Railroad, 4071–4073 United States v. Beckman Coulter, Inc., et al., 4052–4053 Metropolitan Transit Authority, 4073 United States v. Shell Chemical Yabucoa, Inc., 4053–4054 New Jersey Transit Rail, 4073–4074 Port Authority Trans–Hudson Corp., 4074–4075 Labor Department R. J. Corman Railroad, 4075–4076 NOTICES Union Pacific Railroad Co., 4076 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4055 Federal Reserve System NOTICES Land Management Bureau Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 4037 Proposed Reinstatement of Terminated Oil and Gas Lease, 4050–4051 Food and Drug Administration Proposed Reinstatement of Terminated Oil and Gas Lease: NOTICES Wyoming, 4051 Compliance Policy Guide Sec. 540.370–Fish and Fishery Survey Plat Filings: Products–Decomposition; Availability, 4039–4040 Eastern States; Minnesota, 4051 National Archives and Records Administration Foreign–Trade Zones Board NOTICES NOTICES Proposed Records Schedules: Adopted Proposal for Available Alternative Site– Availability and Request for Comments, 4055–4057 Designation and Management Framework; Correction, 3987 National Credit Union Administration NOTICES Forest Service Meetings; Sunshine Act, 4057 NOTICES Environmental Impact Statements; Intent: National Institutes of Health Sequoia National Forest; CA; Piute Fire Restoration, NOTICES 3984–3985 Meetings: Center for Scientific Review, 4041–4044 Health and Human Services Department National Center for Research Resources, 4044–4045 See Centers for Disease Control and Prevention National Institute of Allergy and Infectious Diseases, See Food and Drug Administration 4045–4046 See Health Resources and Services Administration National Institute of Diabetes and Digestive and Kidney See National Institutes of Health Diseases, 4046
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National Institute on Drug Abuse, 4045 Securities and Exchange Commission ODS Analytical Methods and Reference Materials Program RULES – Dietary Supplement Element Methodology Workshop, Temporary Exemptions For Eligible Credit Default Swaps to 4046–4047 Facilitate Operation of Central Counterparties to Clear and Settle Credit Default Swaps, 3967–3975 National Oceanic and Atmospheric Administration NOTICES NOTICES Applications: Endangered and Threatened Species; Take of Anadromous Allstate Financial Investment Trust, et al., 4058–4062 Fish, 3991–3992 Meetings; Sunshine Act, 4062 Fisheries of the Exclusive Economic Zone off Alaska: Self–Regulatory Organizations; Proposed Rule Changes: Application for an Exempted Fishing Permit, 3992–3993 International Securities Exchange, LLC, 4062–4063 Vertical Datum for Surveying and Mapping Activities; Financial Industry Regulatory Authority, Inc.; Correction, Affirmation: 4063 Guam, 3990 NASDAQ OMX PHLX, Inc., 4063–4065 Islands of Rota, Saipan and Tinian of the Commonwealth NASDAQ Stock Market LLC, 4065–4068 of the Northern Mariana Islands (CNMI), 3990–3991 Tutuila, American Samoa, 3991 Small Business Administration NOTICES Disaster Declarations: Nuclear Regulatory Commission Maine, 4068 NOTICES Texas, 4068 Meetings; Sunshine Act, 4057–4058 Washington, 4069 Multi–Agency Radiation Survey and Assessment of Meetings: Materials and Equipment Manual; Correction, 3995 Advisory Committee on Veterans Business Affairs, 4069
Pipeline and Hazardous Materials Safety Administration State Department NOTICES NOTICES Delays in Processing of Special Permits Applications, 4076– Review of Designations as Foreign Terrorist Organizations: 4077 Al–Qa′ida (AQ), Haraket–ul–Mujahidin (HUM), Popular Front for the Liberation of Palestine (PFLP), and Presidential Documents Palestinian Islamic Jihad (PIJ) and All Designated PROCLAMATIONS Aliases, 4069 Special observances: Martin Luther King, Jr., Federal Holiday (Proc. 8340), Transportation Department 4089–4092 See Federal Aviation Administration Trade: See Federal Highway Administration Peru–U.S. Trade Promotion Agreement, Implementation See Federal Railroad Administration (Proc. 8341), 4103–4109 See Pipeline and Hazardous Materials Safety Trafficking in Persons; Suspension of Entry of Foreign Administration Government Officials Responsible for Failing to Combat (Proc. 8342), 4093–4095 Treasury Department EXECUTIVE ORDERS See Community Development Financial Institutions Fund Afghanistan; Temporary Ogranization to Facilitate U.S. Support, Establishment (EO 13487), 4097–4098 Government Agencies and Employees: Separate Parts In This Issue Service and Agency Contractor Employees; Reciprocity on Expected Service Fitness and Reinvestigation of Part II Individuals in Positions of Public Trust (EO 13488), Presidential Documents, 4089–4095, 4097–4102 4111–4113 ADMINISTRATIVE ORDERS Part III Government Agencies and Employees: National Aeronautics and Space Administration; Order of Presidential Documents, 4103–4109, 4111–4113 Succession, Providing (Memorandum of January 16, 2009), 4099–4100 Overseas Private Investment Corporation; Order of Reader Aids Succession, Providing (Memorandum of January 16, Consult the Reader Aids section at the end of this page for 2009), 4101–4102 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Public Health Service To subscribe to the Federal Register Table of Contents See Centers for Disease Control and Prevention LISTSERV electronic mailing list, go to http:// See Food and Drug Administration listserv.access.gpo.gov and select Online mailing list See Health Resources and Services Administration archives, FEDREGTOC-L, Join or leave the list (or change See National Institutes of Health 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.
3 CFR Proclamations: 8340...... 4091 8341...... 4105 8342...... 4093 Executive Orders: 13487...... 4097 13488...... 4111 Administrative Orders: Memorandums: Memorandum of January 16, 2009 ...... 4099 Memorandum of January 16, 2009 ...... 4101 14 CFR 97 (2 documents) ....3963, 3965 Proposed Rules: 39...... 3978 17 CFR 230...... 3967 240...... 3967 260...... 3967 40 CFR 52...... 3975
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Rules and Regulations Federal Register Vol. 74, No. 13
Thursday, January 22, 2009
This section of the FEDERAL REGISTER 2. The FAA Regional Office of the documents is unnecessary. This contains regulatory documents having general region in which the affected airport is amendment provides the affected CFR applicability and legal effect, most of which located; sections and specifies the types of SIAP are keyed to and codified in the Code of 3. The National Flight Procedures and the corresponding effective dates. Federal Regulations, which is published under Office, 6500 South MacArthur Blvd., This amendment also identifies the 50 titles pursuant to 44 U.S.C. 1510. Oklahoma City, OK 73169, or airport and its location, the procedure The Code of Federal Regulations is sold by 4. The National Archives and Records and the amendment number. Administration (NARA). For the Superintendent of Documents. Prices of The Rule new books are listed in the first FEDERAL information on the availability of this REGISTER issue of each week. material at NARA, call 202–741–6030, This amendment to 14 CFR part 97 is or go to:http://www.archives.gov/ effective upon publication of each federal_register/code_of_federal_ separate SIAP as amended in the DEPARTMENT OF TRANSPORTATION regulations/ibr_locations.html. transmittal. For safety and timeliness of Availability–All SIAPs are available change considerations, this amendment 14 CFR Part 97 online free of charge. Visit nfdc.faa.gov incorporates only specific changes [Docket No. 30646; Amdt. No. 3303] to register. Additionally, individual contained for each SIAP as modified by SIAP and Takeoff Minimums and ODP FDC/P–NOTAMs. Standard Instrument Approach copies may be obtained from: The SIAPs, as modified by FDC Procedures, and Takeoff Minimums 1. FAA Public Inquiry Center (APA– P–NOTAM, and contained in this and Obstacle Departure Procedures; 200), FAA Headquarters Building, 800 amendment are based on the criteria Miscellaneous Amendments Independence Avenue, SW., contained in the U.S. Standard for Washington, DC 20591; or Terminal Instrument Procedures AGENCY: Federal Aviation 2. The FAA Regional Office of the (TERPS). In developing these changes to Administration (FAA), DOT. region in which the affected airport is SIAPs, the TERPS criteria were applied ACTION: Final rule. located. only to specific conditions existing at the affected airports. All SIAP SUMMARY: This rule establishes, amends, FOR FURTHER INFORMATION CONTACT: amendments in this rule have been suspends, or revokes Standard Harry J. Hodges, Flight Procedure previously issued by the FAA in a FDC Instrument Approach Procedures Standards Branch (AFS–420) Flight NOTAM as an emergency action of (SIAPs) and associated Takeoff Technologies and Programs Division, immediate flight safety relating directly Minimums and Obstacle Departure Flight Standards Service, Federal to published aeronautical charts. The Procedures for operations at certain Aviation Administration, Mike circumstances which created the need airports. These regulatory actions are Monroney Aeronautical Center, 6500 for all these SIAP amendments requires needed because of the adoption of new South MacArthur Blvd., Oklahoma City, making them effective in less than 30 or revised criteria, or because of changes OK 73169 (Mail Address: P.O. Box days. occurring in the National Airspace 25082, Oklahoma City, OK 73125) Because of the close and immediate System, such as the commissioning of telephone: (405) 954–4164. relationship between these SIAPs and new navigational facilities, adding new SUPPLEMENTARY INFORMATION: This rule safety in air commerce, I find that notice obstacles, or changing air traffic amends Title 14, Code of Federal and public procedure before adopting requirements. These changes are Regulations, part 97 (14 CFR part 97) by these SIAPs are impracticable and designed to provide safe and efficient amending the referenced SIAPs. The contrary to the public interest and, use of the navigable airspace and to complete regulatory description of each where applicable, that good cause exists promote safe flight operations under SIAP is listed on the appropriate FAA for making these SIAPs effective in less instrument flight rules at the affected Form 8260, as modified by the National than 30 days. airports. Flight Data Center (FDC)/Permanent Conclusion DATES: This rule is effective January 22, Notice to Airmen (P–NOTAM), and is 2009. The compliance date for each incorporated by reference in the The FAA has determined that this SIAP, associated Takeoff Minimums, amendment under 5 U.S.C. 552(a), 1 regulation only involves an established and ODP is specified in the amendatory CFR part 51, and § 97.20 of Title 14 of body of technical regulations for which provisions. the Code of Federal Regulations. frequent and routine amendments are The incorporation by reference of The large number of SIAPs, their necessary to keep them operationally certain publications listed in the complex nature, and the need for a current. It, therefore—(1) Is not a regulations is approved by the Director special format make their verbatim ‘‘significant regulatory action’’ under of the Federal Register as of January 22, publication in the Federal Register Executive Order 12866; (2) is not a 2009. expensive and impractical. Further, ‘‘significant rule’’ under DOT regulatory ADDRESSES: Availability of matter airmen do not use the regulatory text of Policies and Procedures (44 FR 11034; incorporated by reference in the the SIAPs, but refer to their graphic February 26, 1979); and (3) does not amendment is as follows: depiction on charts printed by warrant preparation of a regulatory For Examination– publishers of aeronautical materials. evaluation as the anticipated impact is 1. FAA Rules Docket, FAA Thus, the advantages of incorporation so minimal. For the same reason, the Headquarters Building, 800 by reference are realized and FAA certifies that this amendment will Independence Avenue, SW., publication of the complete description not have a significant economic impact Washington, DC 20591; of each SIAP contained in FAA form on a substantial number of small entities
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under the criteria of the Regulatory Federal regulations, part 97, 14 CFR part ■ 2. Part 97 is amended to read as Flexibility Act. 97, is amended by amending Standard follows: List of Subjects in 14 CFR Part 97 Instrument Approach Procedures, By amending: § 97.23 VOR, VOR/ effective at 0901 UTC on the dates DME, VOR or TACAN, and VOR/DME Air Traffic Control, Airports, specified, as follows: Incorporation by reference, and or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Navigation (Air). PART 97—STANDARD INSTRUMENT § 97.27 NDB, NDB/DME; § 97.29 ILS, Issued in Washington, DC, on December APPROACH PROCEDURES 26, 2008. ILS/DME, ISMLS, MLS/DME, MLS/ John M. Allen, ■ 1. The authority citation for part 97 RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER Deputy Director, Flight Standards Service. continues to read as follows: SIAPs, Identified as follows: Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, * * * EFFECTIVE UPON PUBLICATION ■ Accordingly, pursuant to the authority 44719, 44721–44722. delegated to me, Title 14, Code of
FDC date State City Airport FDC No. Subject
12/15/08 ...... FM KOSRAE ISLAND...... KOSRAE ...... 8/4085 TKOF MINS AND OBSTACLE DP, ORIG 12/15/08 ...... FM KOSRAE ISLAND ...... KOSRAE ...... 8/4086 NDB/DME–A, ORIG–A 12/15/08 ...... FM KOSRAE ISLAND ...... KOSRAE ...... 8/4087 RNAV (GPS) RWY 23, ORIG–A 12/15/08 ...... FM KOSRAE ISLAND ...... KOSRAE ...... 8/4088 RNAV (GPS) RWY 5, ORIG–A 12/15/08 ...... MH MAJURO ATOLL ...... MARSHALL ISLANDS INTL ...... 8/4089 RNAV (GPS) RWY 7, ORIG–A 12/15/08 ...... MH MAJURO ATOLL ...... MARSHALL ISLANDS INTL ...... 8/4093 RNAV (GPS) RWY 25, ORIG–A 12/15/08 ...... MH MAJURO ATOLL ...... MARSHALL ISLANDS INTL ...... 8/4095 NDB RWY 25, ORIG–A 12/15/08 ...... MH MAJURO ATOLL ...... MARSHALL ISLANDS INTL ...... 8/4096 NDB RWY 7, ORIG–A 12/15/08 ...... IN MADISON ...... MADISON MUNI ...... 8/4113 RNAV (GPS) RWY 3, AMDT 1 12/15/08 ...... CQ ROTA ISLAND...... ROTA INTERNATIONAL ...... 8/4189 TKOF MINS AND OBSTACLE DP, AMDT 1 12/15/08 ...... CQ ROTA ISLAND ...... ROTA INTERNATIONAL ...... 8/4190 NDB RWY 9, AMDT 3A 12/15/08 ...... CQ ROTA ISLAND ...... ROTA INTERNATIONAL ...... 8/4193 GPS RWY 9, ORIG–B 12/15/08 ...... CQ ROTA ISLAND ...... ROTA INTERNATIONAL ...... 8/4194 GPS RWY 27, ORIG–B 12/15/08 ...... CQ ROTA ISLAND ...... ROTA INTERNATIONAL ...... 8/4197 NDB RWY 27, AMDT 3B 12/16/08 ...... CO GUNNISON ...... GUNNISON–CRESTED BUTTE RE- 8/4291 ILS OR LOC/DME RWY 6, GIONAL. AMDT 4 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4297 ILS/DME RWY 7, AMDT 5 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4298 NDB/DME RWY 7, AMDT 3 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4299 TKOF MINS AND OBSTACLE DP, ORIG 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4300 GPS RWY 7, ORIG–A 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4301 GPS RWY 25, AMDT 1A 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4302 NDB/DME RWY 25, AMDT 2 12/16/08 ...... MP SAIPAN ISLAND ...... FRANCISCO C. ADA/SAIPAN INTL ... 8/4303 NDB RWY 7, AMDT 4 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4323 NDB/DME RWY 24R, ORIG–A 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4324 VOR–A, ORIG–C 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4325 VOR/DME OR TACAN RWY 6L, ORIG–C 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4326 RNAV (RNP) Z RWY 6R, ORIG 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4328 RNAV (GPS) Y RWY 6L, AMDT 1 12/16/08 ...... GU AGANA ...... GUAM INTL...... 8/4329 RNAV (GPS) Y RWY 24R, AMDT 1 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4330 RNAV (GPS) Y RWY 6R, AMDT 1 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4331 RNAV (RNP) Z RWY 24R, ORIG 12/16/08 ...... GU AGANA ...... GUAM INTL...... 8/4332 RNAV (RNP) Z RWY 24L, ORIG–A 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4333 ILS OR LOC RWY 6R, ORIG–A 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4334 RNAV (RNP) Z RWY 6L, ORIG– A 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4335 ILS OR LOC RWY 6L, AMDT 3C 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4338 TKOF MINS AND OBSTACLE DP, ORIG 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4339 TACAN RWY 24R, ORIG–A 12/16/08 ...... GU AGANA ...... GUAM INTL ...... 8/4340 RNAV (GPS) Y RWY 24L, AMDT 1 12/17/08 ...... CO DENVER ...... DENVER INTERNATIONAL ...... 8/4536 ILS RWY 7, AMDT 2 12/18/08 ...... CO PUEBLO ...... PUEBLO MEMORIAL ...... 8/4717 ILS RWY 26R, AMDT 13A 12/18/08 ...... CO PUEBLO ...... PUEBLO MEMORIAL ...... 8/4718 GPS RWY 17, ORIG–A 12/18/08 ...... CO PUEBLO ...... PUEBLO MEMORIAL...... 8/4719 VOR OR TACAN RWY 26R, AMDT 27 12/18/08 ...... CO PUEBLO ...... PUEBLO MEMORIAL ...... 8/4720 ILS RWY 8L, AMDT 22B
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FDC date State City Airport FDC No. Subject
12/18/08 ...... CA SANTA MARIA ...... SANTA MARIA PUB/CAPT G ALLAN 8/4721 RNAV (GPS) RWY 12, ORIG HANCOCK FLD. 12/18/08 ...... CA SANTA MARIA ...... SANTA MARIA PUB/CAPT G ALLAN 8/4722 VOR RWY 12, AMDT 14 HANCOCK FLD. 12/18/08 ...... CA SANTA MARIA ...... SANTA MARIA PUB/CAPT G ALLAN 8/4723 LOC/DME BC A, AMDT 10B HANCOCK FLD. 12/18/08 ...... CO PUEBLO ...... PUEBLO MEMORIAL ...... 8/4724 RNAV (GPS) RWY 26R, AMDT 1A 12/19/08 ...... CO DURANGO ...... DURANGO–LA PLATA COUNTY ...... 8/4932 VOR/DME RWY 2, AMDT 4B 12/24/08 ...... AK HOOPER BAY ...... HOOPER BAY...... 8/5207 TKOF MINS AND OBSTACLE DP, ORIG 12/24/08 ...... AK HOOPER BAY ...... HOOPER BAY ...... 8/5208 RNAV (GPS) RWY 31, ORIG–A 12/24/08 ...... AK HOOPER BAY ...... HOOPER BAY ...... 8/5209 VOR/DME RWY 31, ORIG–A. 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5273 RNAV (GPS) RWY 16C, AMDT 1 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL...... 8/5274 VOR/DME RWY 16L/C, AMDT 14 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5275 RNAV (GPS) RWY 34R, AMDT 1 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5276 RNAV (GPS) RWY 34L, ORIG 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5277 RNAV (GPS) RWY 34C, AMDT 1 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5278 RNAV (GPS) RWY 16R, ORIG 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5279 ILS OR LOC RWY 34R, AMDT 1 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5280 RNAV (GPS) RWY 16L, AMDT 2 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5283 ILS OR LOC RWY 34C, AMDT 2 * * * ILS RWY 34C, (CAT II), AMDT 2 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5284 VOR/DME RWY 34C, AMDT 1 12/23/08 ...... WA SEATTLE ...... SEATTLE–TACOMA INTL ...... 8/5285 ILS OR LOC RWY 16R, ORIG * * * ILS RWY 16R, (CAT II), ORIG * * * ILS RWY 16R, (CAT III), ORIG 12/23/08 ...... MS GULFPORT ...... GULFPORT–BILOXI INTL ...... 8/5290 RADAR–1, AMDT 6 12/23/08 ...... MS GULFPORT ...... GULFPORT–BILOXI INTL ...... 8/5291 VOR/DME OR TACAN RWY 32, AMDT 4 12/23/08 ...... MS GULFPORT ...... GULFPORT–BILOXI INTL ...... 8/5293 VOR RWY 32, AMDT 21 12/23/08 ...... MS GULFPORT ...... GULFPORT–BILOXI INTL...... 8/5294 ILS OR LOC/DME RWY 32, AMDT 4 12/23/08 ...... MS GULFPORT ...... GULFPORT–BILOXI INTL ...... 8/5295 RNAV (GPS) RWY 32, ORIG 10/24/08 ...... NE ALLIANCE ...... ALLIANCE MUNI ...... 8/6004 RNAV (GPS) RWY 30, ORIG–A 10/24/08 ...... NE ALLIANCE ...... ALLIANCE MUNI ...... 8/6015 LOC/DME RWY 30, ORIG–A 10/24/08 ...... NE GRANT ...... GRANT MUNI ...... 8/6020 VOR/DME RWY 15, ORIG–A
[FR Doc. E9–327 Filed 1–21–09; 8:45 am] or revised criteria, or because of changes Independence Avenue, SW., BILLING CODE 4910–13–P occurring in the National Airspace Washington, DC 20591; System, such as the commissioning of 2. The FAA Regional Office of the new navigational facilities, adding new region in which the affected airport is DEPARTMENT OF TRANSPORTATION obstacles, or changing air traffic located; requirements. These changes are Federal Aviation Administration designed to provide safe and efficient 3. The National Flight Procedures use of the navigable airspace and to Office, 6500 South MacArthur Blvd., 14 CFR Part 97 promote safe flight operations under Oklahoma City, OK 73169 or, instrument flight rules at the affected 4. The National Archives and Records [Docket No. 30645; Amdt. No 3302] airports. Administration (NARA). For Standard Instrument Approach DATES: This rule is effective January 22, information on the availability of this Procedures, and Takeoff Minimums 2009. The compliance date for each material at NARA, call 202–741–6030, and Obstacle Departure Procedures; SIAP, associated Takeoff Minimums, or go to:http://www.archives.gov/ _ _ _ _ Miscellaneous Amendments and ODP is specified in the amendatory federal register/code of federal _ provisions. regulations/ibr locations.html. AGENCY: Federal Aviation Availability–All SIAPs and Takeoff Administration (FAA), DOT. The incorporation by reference of certain publications listed in the Minimums and ODPs are available ACTION: Final Rule. regulations is approved by the Director online free of charge. Visit http:// SUMMARY: This establishes, amends, of the Federal Register as of January 22, www.nfdc.faa.gov to register. suspends, or revokes Standard 2009. Additionally, individual SIAP and Instrument Approach Procedures ADDRESSES: Availability of matters Takeoff Minimums and ODP copies may (SIAPs) and associated Takeoff incorporated by reference in the be obtained from: Minimums and Obstacle Departure amendment is as follows: 1. FAA Public Inquiry Center (APA– Procedures for operations at certain For Examination– 200), FAA Headquarters Building, 800 airports. These regulatory actions are 1. FAA Rules Docket, FAA Independence Avenue, SW., needed because of the adoption of new Headquarters Building, 800 Washington, DC 20591; or
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2. The FAA Regional Office of the amendments may require making them PART 97—STANDARD INSTRUMENT region in which the affected airport is effective in less than 30 days. For the APPROACH PROCEDURES located. remaining SIAPS and Takeoff ■ FOR FURTHER INFORMATION CONTACT: Minimums and ODPS, an effective date 1. The authority citation for part 97 Harry J. Hodges, Flight Procedure at least 30 days after publication is continues to read as follows: Standards Branch (AFS–420), Flight provided. Authority: 49 U.S.C. 106(g), 40103, 40106, Technologies and Programs Divisions, Further, the SIAPs and Takeoff 40113, 40114, 40120, 44502, 44514, 44701, Flight Standards Service, Federal Minimums and ODPS contained in this 44719, 44721–44722. Aviation Administration, Mike amendment are based on the criteria contained in the U.S. Standard for ■ 2. Part 97 is amended to read as Monroney Aeronautical Center, 6500 follows: South MacArthur Blvd., Oklahoma City, Terminal Instrument Procedures OK 73169 (Mail Address: P.O. Box (TERPS). In developing these SIAPS and Effective 12 FEB 2009 25082, Oklahoma City, OK 73125) Takeoff Minimums and ODPs, the Sylvania, GA, Plantation Airpark, Takeoff Telephone: (405) 954–4164. TERPS criteria were applied to the Minimums and Obstacle DP, Orig conditions existing or anticipated at the SUPPLEMENTARY INFORMATION: This rule Charlotte, NC, Charlotte/Douglas Intl, ILS OR affected airports. Because of the close amends Title 14 of the Code of Federal LOC RWY 36C, ILS RWY 36C (CAT II), ILS and immediate relationship between RWY 36C (CAT III), Amdt 15D Regulations, part 97 (14 CFR part 97), by these SIAPs, Takeoff Minimums, and Charlotte, NC, Charlotte/Douglas Intl, RNAV establishing, amending, suspending, or ODPs, and safety in air commerce, I find (GPS) RWY 18C, Amdt 2B revoking SIAPS, Takeoff Minimums that notice and public procedures before Charlotte, NC, Charlotte/Douglas Intl, RNAV and/or ODPS. The complete regulators adopting these SIAPS, Takeoff (GPS) RWY 36C, Amdt 2B description of each SIAP and its Philadelphia, PA, Philadelphia Intl, Minimums, and ODPs are impracticable associated Takeoff Minimums or ODP CONVERGING ILS RWY 17, Amdt 5 and contrary to the public interest and, for an identified airport is listed on FAA Philadelphia, PA, Philadelphia Intl, ILS OR where applicable, that good cause exists form documents which are incorporated LOC RWY 17, Amdt 7 for making some SIAPs effective in less by reference in this amendment under 5 Philadelphia, PA, Philadelphia Intl, RNAV than 30 days. U.S.C. 552(a), 1 CFR part 51, and 14 (GPS) RWY 17, Amdt 2 Philadelphia, PA, Philadelphia Intl, RNAV CFR part 97.20. The applicable FAA Conclusion (GPS) RWY 35, Amdt 2 Forms are FAA Forms 8260–3, 8260–4, The FAA has determined that this Manning, SC, Santee Cooper Regional, 8260–5, 8260–15A, and 8260–15B when regulation only involves an established Takeoff Minimums and Obstacle DP, Orig required by an entry on 8260–15A. body of technical regulations for which The large number of SIAPs, Takeoff Effective 12 MAR 2009 frequent and routine amendments are Minimums and ODPs, in addition to Shishmaref, AK, Shishmaref, Takeoff necessary to keep them operationally their complex nature and the need for Minimums and Obstacle DP, Orig current. It, therefore—(1) Is not a a special format make publication in the Talladega, AL, Talladega Muni, Takeoff ‘‘significant regulatory action’’ under Federal Register expensive and Minimums and Obstacle DP, Amdt 1 Executive Order 12866; (2) is not a Dubuque, IA, Dubuque Rgnl, RNAV (GPS) impractical. Furthermore, airmen do not ‘‘significant rule ’’ under DOT RWY 36, Orig use the regulatory text of the SIAPs, Regulatory Policies and Procedures (44 Grangeville, ID, Idaho County, GPS RWY 7, Takeoff Minimums or ODPs, but instead FR 11034; February 26,1979); and Orig-A, CANCELLED refer to their depiction on charts printed (3)does not warrant preparation of a Grangeville, ID, Idaho County, GPS RWY 25, by publishers of aeronautical materials. Orig-A, CANCELLED regulatory evaluation as the anticipated The advantages of incorporation by Grangeville, ID, Idaho County, RNAV (GPS) impact is so minimal. For the same reference are realized and publication of RWY 7, Orig reason, the FAA certifies that this the complete description of each SIAP, Grangeville, ID, Idaho County, RNAV (GPS) amendment will not have a significant Takeoff Minimums and ODP listed on RWY 25, Orig economic impact on a substantial Bloomington/Normal, IL, Central IL Regl FAA forms is unnecessary. This number of small entities under the Arpt at Bloomington-Normal, RNAV (GPS) amendment provides the affected CFR criteria of the Regulatory Flexibility Act. RWY 20, Amdt 1 sections and specifies the types of SIAPs Bloomington/Normal, IL, Central IL Regl and the effective dates of the associated List of Subjects in 14 CFR Part 97 Arpt at Bloomington-Normal, RNAV (GPS) Takeoff Minimums and ODPs. This Air Traffic Control, Airports, RWY 29, Amdt 1 amendment also identifies the airport St Louis, MO, Lambert-St Louis Intl, RNAV Incorporation by reference, and (GPS) RWY 12L, Amdt 2 and its location, the procedure, and the Navigation (Air). amendment number. Tunica, MS, Tunica Muni, Takeoff Issued in Washington, DC, on December Minimums and Obstacle DP, Orig The Rule 26, 2008. Marysville, OH, Union County, NDB RWY John M. Allen, 27, Amdt 5B, CANCELLED This amendment to 14 CFR part 97 is Aguadilla, PR, Rafael Hernandez, Takeoff effective upon publication of each Deputy Director, Flight Standards Service. Minimums and Obstacle DP, Orig separate SIAP, Takeoff Minimums, and Adoption of the Amendment Sparta, TN, Upper Cumberland Rgnl, ILS OR ODP as contained in the transmittal. LOC RWY 4, Amdt 1 Some SIAP and Takeoff Minimums and ■ Accordingly, pursuant to the authority Sparta, TN, Upper Cumberland Rgnl, NDB textual ODP amendments may have delegated to me, Title 14, Code of RWY 4, Amdt 4 been issued previously by the FAA in a Federal Regulations, part 97 (14 CFR Bowie, TX, Bowie Muni, RNAV (GPS) RWY Flight Data Center (FDC) Notice to part 97) is amended by establishing, 35, Amdt 1 Airmen (NOTAM) as an emergency amending, suspending, or revoking Bowie, TX, Bowie Muni, Takeoff Minimums and Obstacle DP, Orig action of immediate flight safety relating Standard Instrument Approach Price, UT, Carbon County Rgnl/Buck Davis directly to published aeronautical Procedures and/or Takeoff Minimums Field, Takeoff Minimums and Obstacle DP, charts. The circumstances which and/or Obstacle Departure Procedures Amdt 4 created the need for some SIAP and effective at 0902 UTC on the dates Dublin, VA, New River Valley, Takeoff Takeoff Minimums and ODP specified, as follows: Minimums and Obstacle DP, Amdt 2
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Franklin, VA, Franklin Muni-John Beverly DATES: Effective Date: The interim final temporary Rule 4d–11T under the Trust Rose, Takeoff Minimums and Obstacle DP, temporary rules are effective January 22, Indenture Act of 1939 (‘‘Trust Indenture Amdt 2 2009 until September 25, 2009. Act’’).3 Clintonville, WI, Clintonville Muni, NDB Comment Date: Comments on the RWY 32, Amdt 7, CANCELLED interim final temporary rules should be I. Background Manitowoc, WI, Manitowoc County, ILS OR received on or before March 23, 2009. In response to the recent turmoil in LOC RWY 17, Amdt 5 the financial markets, we have taken Medford, WI, Taylor County, GPS RWY 27, ADDRESSES: Comments may be Orig-A, CANCELLED submitted by any of the following multiple actions to protect investors and Medford, WI, Taylor County, NDB RWY 34, methods: ensure the integrity of the nation’s Amdt 7 securities markets.4 Today we are taking Medford, WI, Taylor County, RNAV (GPS) Electronic Comments further action designed to address RWY 27, Orig • Use the Commission’s Internet concerns related to the market in credit Medford, WI, Taylor County, Takeoff comment form (http://www.sec.gov/ default swaps (‘‘CDS’’). The over-the- Minimums and Obstacle DP, Amdt 2 rules/interim-final-temp.shtml); counter (‘‘OTC’’) market for CDS has • [FR Doc. E9–324 Filed 1–21–09; 8:45 am] Send an e-mail to rule- been a source of concerns to us and [email protected]. Please include File other financial regulators. These BILLING CODE 4910–13–P Number S7–02–09 on the subject line; concerns include the systemic risk or posed by CDS, highlighted by the • Use the Federal Rulemaking Portal possible inability of parties to meet their SECURITIES AND EXCHANGE (http://www.regulations.gov). Follow the obligations as counterparties and the COMMISSION instructions for submitting comments. potential resulting adverse effects on 5 Paper Comments other markets and the financial system. 17 CFR PARTS 230, 240 and 260 Recent credit market events have • Send paper comments in triplicate demonstrated the seriousness of these [Release Nos. 33–8999; 34–59246; 39–2549; to Elizabeth M. Murphy, Secretary, risks in a CDS market operating without File No. S7–02–09] Securities and Exchange Commission, meaningful regulation, transparency,6 or 100 F Street, NE., Washington, DC RIN 3235–AK26 20549–1090. 3 15 U.S.C. 77aaa et seq. Temporary Exemptions for Eligible All submissions should refer to File 4 A nonexclusive list of the Commission’s actions Number S7–02–09. This file number to stabilize financial markets during this credit Credit Default Swaps To Facilitate crisis include: adopting a package of measures to Operation of Central Counterparties To should be included on the subject line strengthen investor protections against naked short Clear and Settle Credit Default Swaps if e-mail is used. To help us process and selling, including rules requiring a hard T+3 close- review your comments more efficiently, out, eliminating the options market maker AGENCY: Securities and Exchange please use only one method. The exception of Regulation SHO, and expressly Commission. targeting fraud in short selling transactions (See Commission will post all comments on Securities Exchange Act Release No. 58572 ACTION: Interim final temporary rules; the Commission’s Internet Web site (September 17, 2008), 73 FR 54875 (September 23, request for comments. (http://www.sec.gov/rules/interim-final- 2008)); issuing an emergency order to enhance temp.shtml). Comments are also protections against naked short selling in the SUMMARY: We are adopting interim final securities of primary dealers, Federal National available for public inspection and Mortgage Association (‘‘Fannie Mae’’), and Federal temporary rules providing exemptions copying in the Commission’s Public Home Loan Mortgage Corporation (‘‘Freddie Mac’’) under the Securities Act of 1933, the Reference Room, 100 F Street, NE., (See Securities Exchange Act Release No. 58166 Securities Exchange Act of 1934, and Washington, DC 20549, on official (July 15, 2008), 73 FR 42379 (July 21, 2008)); taking the Trust Indenture Act of 1939 for temporary emergency action to ban short selling in business days between the hours of 10 financial securities (See Securities Exchange Act certain credit default swaps to facilitate a.m. and 3 p.m. All comments received Release No. 58592 (September 18, 2008), 73 FR the operation of one or more central will be posted without change; we do 55169 (September 24, 2008)); approving emergency counterparties for those credit default not edit personal identifying rulemaking to ensure disclosure of short positions by hedge funds and other institutional money swaps. The interim final temporary information from submissions. You managers (See Securities Exchange Act Release No. rules define such credit default swaps as should submit only information that 58591A (September 21, 2008), 73 FR 55557 ‘‘eligible credit default swaps’’ and you wish to make available publicly. (September 25, 2008)); proposing rules to exempt them from all provisions of the FOR FURTHER INFORMATION CONTACT: strengthen the regulation of credit rating agencies and making the limits and purposes of credit ratings Securities Act, other than the Section Amy M. Starr, Senior Special Counsel, clearer to investors (See Securities Exchange Act 17(a) anti-fraud provisions, as well as or Kim McManus, Special Counsel, Release No. 57967 (June 16, 2008), 73 FR 36212 from Exchange Act registration Office of Chief Counsel, Division of (June 25, 2008); entering into a Memorandum of requirements and from the provisions of Understanding with the Board of Governors of the Corporation Finance, at (202) 551–3500, Federal Reserve System (‘‘FRB’’) to make sure key the Trust Indenture Act, provided U.S. Securities and Exchange federal financial regulators share information and certain conditions are met. Our interim Commission, 100 F Street, NE., coordinate regulatory activities in important areas final temporary rules also define as a Washington, DC 20549–3628. of common interest (See Memorandum of ‘‘qualified purchaser,’’ for purposes of Understanding Between the U.S. Securities and SUPPLEMENTARY INFORMATION: We are Exchange Commission and the Board of Governors the ‘‘covered securities’’ provisions of adopting interim final temporary Rule of the Federal Reserve System Regarding Section 18 of the Securities Act, any 239T and a temporary amendment to Coordination and Information Sharing in Areas of ‘‘eligible contract participant,’’ as Rule 146 under the Securities Act of Common Regulatory and Supervisory Interest (July 7, 2008), http://www.sec.gov/news/press/2008/ 1 defined in Section 1a(12) of the 1933 (‘‘Securities Act’’). We are also 2008-134_mou.pdf). Commodity Exchange Act (‘‘CEA’’), adopting interim final temporary Rule 5 In addition to the potential systemic risks that other than a person who is an eligible 12a–10T and Rule 12h–1(h)T under the CDS pose to financial stability, we are concerned contract participant under Section Securities Exchange Act of 1934 about other potential risks in this market, including 1a(12)(C) of the CEA, to whom a sale of 2 operational risks, risks relating to manipulation and (‘‘Exchange Act’’) and interim final fraud, and regulatory arbitrage risks. a eligible credit default swap is made in 6 See Policy Objectives for the OTC Derivatives reliance on the interim final temporary 1 15 U.S.C. 77a et seq. Market, The President’s Working Group on Securities Act exemption. 2 15 U.S.C. 78a et seq. Continued
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central counterparties (‘‘CCPs’’).7 These index of several such entities, securities, the functions of a clearing agency for events have emphasized the need for or obligations. The obligation of a seller certain CDS transactions, and also CCPs as mechanisms to help control to make payments under a CDS contract certain eligible contract participants 15 such risks.8 A CCP for CDS could be an is triggered by a default or other credit and others from certain Exchange Act important step in reducing the event as to such entity or entities or requirements with respect to certain counterparty risks inherent in the CDS such security or securities. Investors CDS.16 We also are temporarily market, and thereby help mitigate may use CDS for a variety of reasons, exempting any exchange that effects potential systemic impacts. In including to offset or insure against risk transactions in certain CDS from the November 2008, the President’s in their fixed-income portfolios, to take requirements under Sections 5 and 6 of Working Group on Financial Markets synthetic positions in bonds or in the Exchange Act 17 to register as a stated that the implementation of a CCP segments of the debt market as national securities exchange, and any for CDS was a top priority 9 and, in represented by an index, or to capitalize broker or dealer that effects transactions furtherance of this recommendation, the on the volatility in credit spreads during on an exchange in certain CDS from the Commission, the FRB and the times of economic uncertainty. In recent requirements of Section 5 of the Commodity Futures Trading years, CDS market volumes have rapidly Exchange Act. Commission (‘‘CFTC’’) signed a increased.11 This growth has coincided In connection with these actions to Memorandum of Understanding 10 that with a significant rise in the types and facilitate the operation of these CCPs for establishes a framework for consultation number of entities participating in the the CDS market, we believe that it is and information sharing on issues CDS market.12 appropriate and necessary to provide related to CCPs for CDS. Given the The operation of a well-regulated CCP temporary exemptions from certain continued uncertainty in this market, can significantly reduce counterparty provisions of the Securities Act, the taking action to help foster the prompt risks by preventing the failure of a Exchange Act and the Trust Indenture development of CCPs, including single market participant from having a Act, subject to certain conditions granting conditional exemptions from disproportionate effect on the overall described in the companion exemptive certain provisions of the federal market. A CCP would novate bilateral orders and in the exemptions securities laws, is in the public interest. trades, which would result in the CCP themselves. We believe that these The interim final temporary rules we are entering into separate contractual interim final temporary rules, and the adopting are intended to facilitate the arrangements with both exemptive orders we are providing ability of one or more CCPs for CDS to counterparties—becoming buyer to one under the Exchange Act, will facilitate operate by providing exemptions from and seller to the other.13 Today, CDS the operation of one or more CCPs that certain regulatory provisions that might agreements generally are negotiated and will clear and settle CDS transactions otherwise prevent them from engaging entered into bilaterally, but both parties while enabling us to provide oversight in such activities. may agree that one party may novate the to the CDS market. A CDS is a bilateral contract between agreement and substitute another party We believe that the operation of one two parties, known as counterparties. to take responsibility for performance, or more CCPs in accordance with our The value of this financial contract is by acting as the counterparty, under the exemptions likely would improve the based on underlying obligations agreement. In a CCP arrangement, both efficiency and effectiveness of the CDS (‘‘reference obligations’’) of a single parties entering a CDS would novate market, provide for increased entity (a ‘‘reference entity’’) or on a their trades to the CCP, and the CCP transparency of exposures to particular particular security or other debt would stand in as the counterparty to all reference entities or reference securities, obligation (‘‘reference security’’), or an parties of the CDS it clears. Through this and increase available information novation process, the counterparty risk about reference entities or reference Financial Markets (November 14, 2008), http:// of a CDS would be effectively securities. The conditions in the www.ustreas.gov/press/releases/reports/ concentrated in the CCP. companion exemptive orders will policyobjectives.pdf (‘‘Public reporting of prices, In companion actions to these interim trading volumes and aggregate open interest should enable us to oversee the development of be required to increase market transparency for final temporary rules, we are CDS CCPs and exchanges as they participants and the public.’’). temporarily exempting, subject to evolve, and to take such additional 7 See The Role of Credit Derivatives in the U.S. conditions, a clearing agency acting as action as we may deem necessary to Economy Before the H. Agric. Comm., 110th Cong. a CCP from the requirement to register (2008) (Statement of Erik Sirri, Director of the promote the public interest and the Division of Trading and Markets, Commission). as a clearing agency under Section 17A 14 protection of investors. Moreover, the 8 of the Exchange Act solely to perform See id. limited duration of the exemptions and 9 See Policy Objectives for the OTC Derivatives the interim final temporary rules Market, The President’s Working Group on 11 See Semiannual OTC derivatives statistics at Financial Markets (November 14, 2008), http:// end-December 2007, Bank for International provided today will enable one or more www.ustreas.gov/press/releases/reports/ Settlements (‘‘BIS’’), available at http:// CCPs and CDS exchanges to become policyobjectives.pdf. See also Policy Statement on www.bis.org/statistics/otcder/dt1920a.pdf. operational while we gain useful Financial Market Developments, The President’s 12 CDS were initially created to meet the demand experience with the CDS market and Working Group on Financial Markets (March 13, of banking institutions looking to hedge and 2008), http://www.treas.gov/press/releases/reports/ diversify the credit risk attendant with their lending evaluate the public input, including pwgpolicystatemktturmoil_03122008.pdf; Progress activities. However, financial institutions such as comments, we receive on the temporary Update on March Policy Statement on Financial insurance companies, pension funds, securities rules and exemptions. Market Developments, The President’s Working firms and hedge funds have entered the CDS Group on Financial Markets (October 2008), market. II. Discussion of the Interim Final http://www.treas.gov/press/releases/reports/ 13 ‘‘Novation’’ is a ‘‘process through which the Temporary Rules and Amendments q4progress%20update.pdf.1 original obligation between a buyer and seller is 10 See Memorandum of Understanding Between discharged through the substitution of the CCP as We are adopting interim final the Board of Governors of the Federal Reserve seller to buyer and buyer to seller, creating two new temporary rules and amendments to System, the U.S. Commodity Futures Trading contracts.’’ Committee on Payment and Settlement Commission and the U.S. Securities and Exchange Systems, Technical Committee of the International Commission Regarding Central Counterparties for Organization of Securities Commissioners, 15 See 7 U.S.C. 1a(12). Credit Default Swaps (November 14, 2008), http:// Recommendations for Central Counterparties 16 See Securities Exchange Act Release Nos. www.treas.gov/press/releases/reports/finalmou.pdf (November 2004) at 66. 59164 and 59165 (December 24, 2008). (‘‘MOU’’). 14 15 U.S.C. 78q–1. 17 15 U.S.C. 78e and 78f.
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existing rules (collectively, ‘‘interim that are being or will be issued or rules. Under this definition, an eligible final temporary rules’’) to provide cleared by a CCP satisfying the CDS is a bilateral executory derivative certain conditional exemptions under conditions set forth in the companion contract not subject to individual the Securities Act, the Exchange Act exemptions, or registered as a clearing negotiation (1) in which a buyer makes and the Trust Indenture Act. agency under Section 17A of the payments to the seller and, in return, Exchange Act (‘‘Registered or Exempt receives a payout if there is a default or A. Scope of the Interim Final Temporary CCP’’), to eligible contract participants other credit event involving the Rules from all provisions of the Securities Act, reference obligation(s) or reference Our authority over the OTC market for except the anti-fraud provisions of entity(ies) within a certain time, and (2) CDS is limited. Specifically, Section 2A Section 17(a) of the Securities Act.21 the agreement for which includes the: of the Securities Act and Section 3A of Securities Act Rule 239T will permit the • Specification of the reference the Exchange Act limit our authority offer and sale of such eligible CDS that obligation or obligor; or, in the case of over ‘‘swap agreements’’ as defined in are or will be issued or cleared by a a reference group or index thereof, all of Section 206A of the Gramm-Leach- Registered or Exempt CCP without the reference obligations or obligors Bliley Act.18 For those CDS that are requiring compliance with Section 5 of comprising any such group or index); swap agreements, the exclusion from the Securities Act, and communications • Term of the agreement; the definition of security in Section 2A used in connection with such offers and • Notional amount upon which of the Securities Act and Section 3A of sales will not be subject to Section payment obligations are calculated; • the Exchange Act and related provisions 12(a)(2) liability under the Securities Credit-related events that trigger a will continue to apply. Our action today settlement obligation; and Act. • does not affect these CDS, and these Absent this exemption, the Securities Obligations to be delivered if there interim final temporary rules do not Act may require registration of the offer is a credit-related event or, if it is a cash apply to them. For those CDS that are and sale of eligible CDS that are or will settlement, the obligations whose value not swap agreements (‘‘non-excluded be issued or cleared by a Registered or is to be used to determine the amount CDS’’), our action today provides certain Exempt CCP. We believe that the of settlement obligation under the conditional exemptions from the interim final temporary rules exempting eligible credit default swap. provisions of the Securities Act, the offers and sales of such eligible CDS by Securities Act Rule 239T will permit Exchange Act, and the Trust Indenture a Registered or Exempt CCP will the offer and sale of eligible CDS that Act and is designed to encourage the facilitate the use by eligible contract are or will be issued or cleared by a development and operation of one or participants of CCPs for eligible CDS. Registered or Exempt CCP without more CDS CCPs and CDS exchanges.19 Indeed, without also exempting the requiring compliance with Section 5 of the Securities Act, while assuring the B. Securities Act Rule 239T offers and sales of the eligible CDS by a Registered or Exempt CCP from the availability of information to buyers and We are adopting interim final registration requirements of the sellers of CDS, due to certain temporary Securities Act Rule 239T to Securities Act and the Exchange Act information conditions in the 23 exempt certain CDS (‘‘eligible CDS’’) 20 and the provisions of the Trust companion exemptive orders, and Indenture Act, we believe that the CCPs preserving anti-fraud liability under 18 15 U.S.C. 77b(b)–1 and 15 U.S.C. 78c–1. would not be able to operate in the Section 17(a) of the Securities Act, Section 2A of the Securities Act and Section 3A of which currently applies to security- the Exchange Act excludes both a non-security- manner contemplated by the Exchange based and a security-based ‘‘swap agreement’’ from Act exemptive orders. In addition, the based swap agreements. Securities Act the definition of ‘‘security’’ under Section 2(a)(1) of Securities Act, Exchange Act and Trust Rule 239T also provides an exemption the Securities Act, 15 U.S.C. 77b(a)(1) and Section Indenture Act exemptions should from the liability provisions of 3(a)(10) of the Exchange Act, 15 U.S.C. 78c(a)(10). Securities Act Section 12. Thus, oral or Section 206A of the Gramm-Leach-Bliley Act encourage market participants to clear defines a ‘‘swap agreement’’ as ‘‘any agreement, their CDS through the CCPs. written communications used in contract, or transaction between eligible contract Under Securities Act Rule 239T, an connection with the offer and sale of participants (as defined in section 1a(12) of the eligible CDS would be exempt from the eligible CDS that are or will be issued Commodity Exchange Act * * *) * * * the or cleared by a Registered or Exempt material terms of which (other than price and registration requirements of the quantity) are subject to individual negotiation. Securities Act if it is or will be issued CCP in reliance on the rule will not be * * *’’ 15 U.S.C. 78c note. or cleared by a Registered or Exempt 19 Section 28 of the Securities Act authorizes us CCP, and if the eligible CDS is offered 23 We note that among the conditions of the to exempt any person, security or transaction from exemptions, or representations in the exemptive any provision of the Securities Act by rule or and sold only to an ‘‘eligible contract requests on which we are relying, from clearing regulation to the extent that the exemption is participant’’ (as defined in Section registration are that: (1) Information is available necessary or appropriate in the public interest and 1a(12) of the CEA as in effect on the date about the terms of the CDS, the creditworthiness of consistent with the protection of investors. 15 of adoption of this rule, other than a the CCP or any guarantor, and the clearing and U.S.C. 77z–3. Similarly, Section 36 of the Exchange settlement process for the CDS; and (2) the Act gives us the authority to exempt any person, person who is an eligible contract reference entity, the issuer of the reference security, security or transaction from any Exchange Act participant under Section 1a(12)(C) of or the reference security is one of the following: an provision by rule, regulation or order, to the extent the CEA).22 We have included a entity reporting under the Exchange Act, providing that the exemption is necessary or appropriate in definition of eligible CDS solely for Securities Act Rule 144A(d)(4) information, or the public interest and consistent with the about which financial information is otherwise protection of investors. 15 U.S.C. 78mm. Finally, purposes of the interim final temporary publicly available; a foreign private issuer that has Section 304(d) of the Trust Indenture Act authorizes securities listed outside the United States and has us to exempt conditionally or unconditionally any 21 15 U.S.C. § 77q. This exemption is consistent its principal trading market outside the United person, security or transaction from any Trust with the Securities Act exemptions for standardized States; a foreign sovereign debt security; an asset- Indenture Act provision by rules or regulation to options and security futures products. See Section backed security, as defined in Regulation AB [17 the extent that the exemption is necessary or 3(a)(14) [15 U.S.C. § 77c(a)(14)] and Securities Act CFR 229.1100], issued in a registered transaction appropriate in the public interest and consistent Rule 238 [17 CFR 230.238]. with publicly available distribution reports; an with the protection of investors and the purposes 22 See 7 U.S.C. 1(a)(12). The exemption would be asset-backed security issued or guaranteed by fairly intended by the Trust Indenture Act. 15 limited to those persons defined as eligible contract Fannie Mae, Freddie Mac or the Government U.S.C. 77ddd(d). participants in the statute and would not extend to National Mortgage Association (‘‘Ginnie Mae’’); or 20 As we discuss below, we have included a those persons that are included in the definition indexes in which 80 percent or more of the index’s definition of ‘‘eligible credit default swap’’ in through regulatory action by the CFTC. See 7 U.S.C. weight is comprised of these reference entities or interim final temporary Securities Act Rule 239T. 1(a)(12)(C). reference securities.
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subject to liability under Securities Act registration requirements of Section 5 eligible CDS that are or have been Section 12(a)(2). with respect to an issuer’s security for issued or cleared by a Registered or The Securities Act exemption in the such eligible CDS.25 As a result, a Exempt CCP from the provisions of interim final temporary rule is limited transaction by such persons in an Section 12(a) of the Exchange Act under to offers and sales to eligible contract eligible CDS that is or will be issued or certain conditions.28 We also are participants (as defined in Section cleared by a Registered or Exempt CCP adopting an interim final temporary 1a(12) of the CEA as in effect on the date having such securities of the issuer also amendment to Exchange Act Rule 12h– of adoption of the rule, other than a is a transaction in the issuer’s securities 1 to exempt eligible CDS that are or person that is an eligible contract that must be registered under the have been issued or cleared by a participant under Section 1a(12)(C) of Securities Act, unless an exemption Registered or Exempt CCP from the the CEA). Under Securities Act Section from registration is available. provisions of Section 12(g) of the 2A, a security-based swap agreement Further, we are adopting on an Exchange Act under certain that is entered into between eligible interim final temporary basis an conditions.29 This exemption is the contract participants is not permitted to amendment to Securities Act Rule 146. same as that available to standardized be registered under the Securities Act, Under the temporary amendment to options issued by a registered options but the provisions of Securities Act Securities Act Rule 146, eligible clearing agency and security futures Section 17(a) continue to apply to such contract participants that are sold products issued by a registered clearing transactions. The operation of one or eligible CDS in reliance on interim final agency, and this temporary rule should more CCPs pursuant to the actions we temporary Securities Act Rule 239T will facilitate the operation of the CCPs. are taking today will allow such be defined as ‘‘qualified purchasers’’ security-based swap agreements to under Section 18(b)(3) of the Securities D. Trust Indenture Act Rule 4d–11T continue to be entered into between Act and thereby such eligible CDS that We are adopting a new interim final eligible contract participants and then are or will be issued or cleared by a temporary rule under Section 304(d) of be novated to the CCP. The Securities Registered or Exempt CCP will be the Trust Indenture Act that would Act exemption is intended to limit considered ‘‘covered securities’’ under exempt any eligible CDS, as defined in investor involvement in eligible CDS Section 18 of the Securities Act and Securities Act Rule 239T and offered that are issued or cleared by a exempt from state blue sky laws.26 We and sold in reliance on Securities Act Registered or Exempt CCP to eligible are adopting this amendment because Rule 239T, from having to comply with contract participants, who are those we believe that eligible contract the provisions of the Trust Indenture persons Congress determined were participants are the kinds of Act.30 We believe an exemption from qualified to engage in activities in the sophisticated investors who do not the Trust Indenture Act is appropriate generally unregulated (other than with require the protections of registration in this situation. respect to the antifraud provisions of the under state securities laws. In this The Trust Indenture Act is aimed at Securities Act and the Exchange Act) 24 regard, as we discuss above, Congress addressing problems that unregulated OTC CDS market. determined that eligible contract debt offerings posed for investors and The Securities Act interim final participants were the types of persons the public,31 and provides a mechanism temporary rule also provides that any that were able to engage in activities in for debtholders to protect and enforce offer or sale of an eligible CDS that is the OTC CDS market unregulated by the their rights with respect to the debt. We or will be issued or cleared by a Commission and preempted the do not believe that the protections Registered or Exempt CCP by or on application of certain state laws to contained in the Trust Indenture Act are behalf of the issuer of a security, an transactions in OTC security-based needed at this time to protect eligible affiliate of such issuer, or an swap agreements, including CDS.27 We contract participants to whom a sale of underwriter, if such security is believe that defining such eligible an eligible CDS is made in reliance on delivered in settlement or whose value contract participants as ‘‘qualified interim final temporary Securities Act is used to determine the amount of the purchasers’’ for purposes of engaging in Rule 239T. The identified problems that settlement obligation, will constitute a transactions in eligible CDS in reliance the Trust Indenture Act is intended to ‘‘contract for sale of,’’ ‘‘sale of,’’ ‘‘offer on temporary Securities Act Rule 239T address do not occur in the offer and for sale,’’ or ‘‘offer to sell’’ such security would be consistent with such sale of eligible CDS.32 For example, under Section 2(a)(3) of the Securities Congressional intent. eligible CDS are contracts between two Act. This provision is intended to parties and, as a result, do not raise the ensure that an eligible CDS that is or C. Exchange Act Rule 12a–10T and Rule same problem regarding the ability of will be issued or cleared by a Registered 12h–1(h)T parties to enforce their rights under the or Exempt CCP cannot be used by an We also are adopting two interim final instruments as would, for example, a issuer, affiliate of an issuer or temporary rules relating to Exchange underwriter to circumvent the Act registration of eligible CDS that are 28 15 U.S.C. 78l(a). or have been issued or cleared by a 29 15 U.S.C. 78l(g). 30 24 See Title III of the Commodity Futures Registered or Exempt CCP. We are The Trust Indenture Act applies to debt Modernization Act of 2000 (Pub. L. 106–554) and securities sold through the use of the mails or adopting interim final temporary interstate commerce. Section 304 of the Trust the definition of eligible contract participant in Exchange Act Rule 12a–10T to exempt Title I of the Commodity Futures Modernization Indenture Act exempts from the Act a number of Act of 2000 [7 U.S.C. 1a(12)]. The term ‘‘eligible securities and transactions. Section 304(a) of the contract participant’’ generally includes various 25 This provision is similar to the condition in the Trust Indenture Act exempts securities that are regulated financial institutions, business enterprises Securities Act exemption in Rule 238 for exempt under Securities Act Section 3(a) but does that meet certain tests relating to total assets or net standardized options [17 CFR 230.238] and in not exempt from the Trust Indenture Act securities worth, certain pension funds, state and local Securities Act Section 2(a)(3) [15 U.S.C. 77b(a)(3)] that are exempt by Commission rule. Accordingly, governments, and certain wealthy individuals. relating to security futures products. while Securities Act Rule 239T would exempt the In addition, the provisions of Section 16 of the 26 State securities regulation of covered securities offer and sale of eligible CDS satisfying certain Exchange Act apply to security-based swap generally is limited under Section 18(b). Under conditions from all the provisions of the Securities agreements. See 15 U.S.C. 78p(g). The exemptions Section 18(b)(3), covered securities are securities Act (other than Section 17(a)), the Trust Indenture are available only with regard to non-excluded CDS offered and sold to qualified purchasers, as defined Act would continue to apply. satisfying the exemption’s conditions and not other by the Commission. 31 See 15 U.S.C.77bbb(a). types of derivative contracts. 27 See 7 U.S.C. 16(e)(2). 32 15 U.S.C. 77bbb(a).
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debt offering to the public. Moreover, contained in the CCP exemption orders Indenture Act exemptions? If yes, please through novation, the CCP becomes the appropriate? explain. counterparty to the buyer and the seller, • Are the Securities Act, Exchange • The interim final temporary rules and each would look directly to the CCP Act and Trust Indenture Act exemptions include an exemption from the to satisfy the obligations under the appropriate? If not, why not? Given the application of the Trust Indenture Act eligible CDS. As a consequence, voluntary nature of using a CCP, should for eligible CDS that are offered and sold enforcement of contractual rights and we take a different approach? in reliance on interim final Securities obligations under the eligible CDS • The Securities Act exemption also Act Rule 239T. Is this exemption would occur directly between such provides that eligible CDS that are or appropriate or are there contractual parties, and the Trust Indenture Act will be issued or cleared by a Registered protections in the Trust Indenture Act provisions would not provide any or Exempt CCP and are entered into that should be included as mandatory additional meaningful substantive or with an issuer of a security, or an provisions of an eligible CDS contract procedural protections. underwriter or affiliate of such issuer, if that is or will be issued or cleared by a Accordingly, due to the nature of such security is delivered in settlement Registered or Exempt CCP? If yes, please eligible CDS as bilateral contracts that or whose value is used to determine the explain in detail. will have been issued or cleared by amount of the settlement obligation, will be considered an offer and sale of III. Transition and Expiration Date of Registered or Exempt CCPs, we do not Interim Final Temporary Rules believe the protections contained in the such security at that time. Are there Trust Indenture Act are currently circumstances in which the application We are adopting the interim final needed with respect to these of the Securities Act to such security of rules on a temporary basis until instruments. Therefore, we believe the the issuer should not apply at the time September 25, 2009. We anticipate that exemption is necessary or appropriate of the offer and sale of eligible CDS that this term of this exemption will provide in the public interest, consistent with are or will be issued or cleared by a us with adequate time to evaluate the the protection of investors and the Registered or Exempt CCP? Are there availability of the exemptions purposes fairly intended by the Trust securities or obligations used in CDS applicable to CDS CCPs and non- Indenture Act. transactions that are not debt excluded CDS, and whether any obligations? If yes, please explain. conditions or provisions of such • E. Request for Comment The Securities Act exemption is exemptions should be modified. limited to offers and sales to eligible We request and encourage any Adoption of the interim final contract participants. Should the interested person to submit comments temporary rules, which will be effective exemption be limited in this manner? If regarding the interim final temporary on [effective date] and will continue in not, why not? Are there persons who rules. In particular, we solicit comment effect until September 25, 2009, will invest in CDS now in the OTC market on the following questions: facilitate the development of one or that would not be able to take advantage • We are interested in understanding more CCPs as well as our review of the of the exemptions? If yes, please explain what type of non-excluded CDS would CDS market. We have included several the categories of persons and why the not be eligible for these exemptions. Are requests for comment in this release. We exemptions should include such there credit swaps that would not be will consider the public comments we persons. receive in determining whether we encompassed within the scope of the • The definition of ‘‘qualified exemptions and that should be covered? should revise the interim final • purchaser’’ for purposes of the interim temporary rules in any respect, as well What are the amounts and types of final temporary amendment to CDS that may not satisfy the conditions as whether we should consider Securities Act Rule 146 applies only to extending the exemptions. The rules for the exemptions? eligible contract participants that have • Is the definition of eligible CDS will expire and cease to be effective on been sold eligible CDS in reliance on the September 25, 2009 unless we act to appropriate and does it include the new interim final temporary exemption types of CDS that should be within the extend the effective date or revise the in Securities Act Rule 239T. Is this an interim final temporary rules. exemptions or should there be another appropriate definition and should definition? Does the definition of eligible contract participants that are IV. Other Matters eligible CDS include all the appropriate sold eligible CDS pursuant to Securities The Administrative Procedure Act or relevant material terms of a CDS? Act Rule 239T be considered ‘‘qualified generally requires an agency to publish Should we require more specificity as to purchasers’’ for purposes of Section 18 notice of a proposed rulemaking in the the terms, including final settlement of the Securities Act? Federal Register.33 This requirement valuations? • Should the Securities Act • does not apply, however, if the agency Each of the temporary exemptions exemption be limited to an exemption ‘‘for good cause finds * * * that notice contains particular conditions. Should from Section 5 and Section 12 of the and public procedure are impracticable, the Securities Act exemption in Securities Act? Please explain your unnecessary, or contrary to the public temporary Securities Act Rule 239T be reasoning in detail. interest.’’ 34 Further, the Administrative • conditioned on the eligible CDS being Should we exempt eligible CDS that Procedure Act also generally requires issued or cleared by a Registered or have been issued or cleared by a that an agency publish an adopted rule Exempt CCP? If not, why not? Registered or Exempt CCP from the • in the Federal Register 30 days before Should there be information registration requirements of the it becomes effective.35 This requirement conditions in the Securities Act Exchange Act? If not, why? • does not apply, however, if the agency exemptions themselves regarding the The conditions of the temporary finds good cause for making the rule reference entities or reference securities Exchange Act and Trust Indenture Act effective sooner.36 We, for good cause, similar to the information requirements exemptions are the same as the in the CCP exemptive orders? If so, what conditions to the temporary Securities 33 See 5 U.S.C. 553(b). type of information conditions should Act exemption. Is this appropriate or 34 Id. be included and why? Is additional or should there be different conditions 35 See 5 U.S.C. 553(d). different information from that relating to the Exchange Act and Trust 36 Id.
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find that notice and solicitation of to help foster the prompt development V. Paperwork Reduction Act comment before adopting the new rules of CCPs, including granting conditional is impracticable, unnecessary, or exemptions from certain provisions of The interim final temporary rules do contrary to the public interest. the federal securities laws, thus is in the not impose any new ‘‘collections of For the reasons we discussed public interest. The interim final information’’ within the meaning of the throughout this release, we believe that temporary rules we are adopting are Paperwork Reduction Act of 1995 44 we have good cause to act immediately intended to facilitate the ability of one (‘‘PRA’’), nor do they create any new to adopt these rules on an interim final or more CCPs for CDS to operate by filing, reporting, recordkeeping, or temporary basis. The OTC market for providing exemptions from certain disclosure reporting requirements for a CCP that is or will be issuing or clearing CDS has been a source of concerns to us regulatory provisions that might and other financial regulators. These eligible CDS. Accordingly, we are not otherwise prevent them from engaging concerns include the systemic risk submitting the interim final temporary in such activities. Absent an exemption, posed by CDS, highlighted by the rules to the Office of Management and the offer and sale of eligible CDS that possible inability of parties to meet their Budget for review in accordance with are or will be issued or cleared by a obligations as counterparties and the the PRA.45 We request comment on Registered or Exempt CCP may have to potential resulting adverse effects on whether our conclusion that there are other markets and the financial be registered under the Securities Act, no collections of information is correct. system.37 Recent credit market events the eligible CDS that have been so have demonstrated the seriousness of issued or cleared may have to be VI. Cost-Benefit Analysis registered as a class under the Exchange these risks in a CDS market operating We are adopting interim final without meaningful regulation, Act and the provisions of the Trust temporary rules under the Securities transparency,38 or CCPs.39 These events Indenture Act may need to be complied Act, the Exchange Act and the Trust have emphasized the need for CCPs as with. We believe that the interim final Indenture Act that would exempt mechanisms to help control such temporary rules exempting the eligible CDS that are or will be issued risks.40 A CCP for CDS could be an registration of eligible CDS that are or or cleared by a Registered or Exempt important step in reducing the will be issued or cleared by a Registered CCP and offered and sold only to counterparty risks inherent in the CDS or Exempt CCP under certain conditions eligible contract participants from all market, and thereby help mitigate will facilitate the use by eligible provisions of the Securities Act, other potential systemic impacts. In contract participants of CDS CCPs. than the Section 17(a) anti-fraud November 2008, the President’s Without also exempting the offers and Working Group on Financial Markets provision, as well as from the sales of the eligible CDS from the registration requirements under Section stated that the implementation of a CCP registration requirements of the for CDS was a top priority 41 and, in 12 of the Exchange Act and from the Securities Act and the Exchange Act provisions of the Trust Indenture Act. furtherance of this recommendation, the and the provisions of the Trust Commission, the FRB and the CFTC These interim final temporary rules are Indenture Act, we believe that the CCPs intended to facilitate the operation of signed a Memorandum of would not be able to operate in the Understanding 42 that establishes a one or more CCPs to act as a clearing manner contemplated by the exemptive framework for consultation and agency in the CDS market to reduce orders. We emphasize that we are information sharing on issues related to some of the risks in the CDS market. requesting comments on the interim CCPs for CDS. Given the continued A CDS is a bilateral contract between uncertainty in this market, taking action final temporary rules and will carefully consider any comments that we receive two parties, known as counterparties. The value of this financial contract is 37 In addition to the potential systemic risks that and respond to them in a subsequent release. Moreover, these interim final based on underlying obligations of a CDS pose to financial stability, we are concerned single entity or on a particular security about other potential risks in this market, including temporary rules will expire on or other debt obligation, or an index of operational risks, risks relating to manipulation and September 25, 2009. Setting a fraud, and regulatory arbitrage risks. several such entities, securities, or 38 termination date for the interim final See Policy Objectives for the OTC Derivatives obligations. The obligation of a seller to Market, The President’s Working Group on temporary rules will necessitate further make payment under a CDS contract is Financial Markets (November 14, 2008), http:// Commission action no later than the end triggered by a default or other credit www.ustreas.gov/press/releases/reports/policy of that period if we determine to objectives.pdf (‘‘Public reporting of prices, trading event as to such entity or entities or continue the same, or similar, volumes and aggregate open interest should be such security or securities. Investors required to increase market transparency for requirements contained in the interim may use CDS for a variety of reasons, participants and the public.’’) final temporary rules. We find that there 39 including to offset or insure against risk See The Role of Credit Derivatives in the U.S. is good cause to have the rules effective Economy Before the H. Agric. Comm., 110th Cong. in their fixed-income portfolios, to take as interim final temporary rules on (2008) (Statement of Erik Sirri, Director of the synthetic positions in bonds or in Division of Trading and Markets, Commission). January 22, 2009 and that notice and segments of the debt market as 40 See id. public procedure in advance of 41 represented by an index, or to capitalize See Policy Objectives for the OTC Derivatives effectiveness of the interim final Market, The President’s Working Group on on the volatility in credit spreads during Financial Markets (November 14, 2008), http:// temporary rules is impracticable, times of economic uncertainty. In recent www.ustreas.gov/press/releases/reports/policy unnecessary and contrary to the public years, CDS market volumes have rapidly objectives.pdf. See also Policy Statement on interest.43 Financial Market Developments, The President’s increased.46 This growth has coincided Working Group on Financial Markets (March 13, with a significant rise in the types and 2008), http://www.treas.gov/press/releases/reports/ 43 This finding also satisfies the requirements of pwgpolicystatemktturmoil_03122008.pdf; Progress 5 U.S.C. 808(2), allowing the rule amendment to Update on March Policy Statement on Financial become effective notwithstanding the requirement 44 44 U.S.C. 3501 et seq. Market Developments, The President’s Working of 5 U.S.C. 801 (if a federal agency finds that notice 45 44 U.S.C. 3507(d) and 5 CFR 1320.11. Group on Financial Markets (October 2008), and public comment are ‘‘impractical, unnecessary 46 See Semiannual OTC derivatives statistics at http://www.treas.gov/press/releases/reports/ or contrary to the public interest,’’ a rule ‘‘shall take end-December 2007, Bank for International q4progress%20update.pdf. effect at such time as the federal agency Settlements (‘‘BIS’’), available at http://www.bis. 42 See MOU, supra note 10. promulgating the rule determines’’). org/statistics/otcder/dt1920a.pdf.
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number of entities participating in the the registration of eligible CDS issued or B. Costs CDS market.47 cleared by a Registered or Exempt CCP In a CCP arrangement, both parties under certain conditions will facilitate The interim final temporary rules entering a CDS would novate their the use by eligible contract participants exempting offers and sales of eligible trades to the CCP, and the CCP would of CDS CCPs. Without also exempting CDS that are or will be issued or cleared stand in as the counterparty to all the offers and sales of eligible CDS by a Registered or Exempt CCP should parties of the CDS it clears. Through this issued or cleared by a Registered or facilitate the use by eligible contract novation process, the counterparty risk Exempt CCP from the registration participants of CDS CCPs that are the of a CDS would be effectively requirements of the Securities Act and subject of exemptive orders at minimal concentrated in the CCP. the Exchange Act and the provisions of cost to the CCP or investors. Because the A. Benefits the Trust Indenture Act, we believe that interim final temporary rules are self- executing, the costs of being able to rely We are providing exemptive orders the CCPs would not be able to operate on such exemptions, we believe, are that will facilitate the operation of CCPs in the manner contemplated by the minimal. for the CDS market. In connection with exemptive orders. these actions, we are adopting The interim final temporary Absent an exemption, a CCP may exemptions from certain provisions of exemptions also will treat eligible CDS have to file a registration statement the Securities Act, the Exchange Act issued or cleared by a Registered or covering the offer and sale of the eligible and the Trust Indenture Act, subject to Exempt CCP under the Securities Act CDS, may have to satisfy the applicable certain conditions described in the and the Exchange Act in the same provisions of the Trust Indenture Act, companion exemptive orders and in the manner as certain other types of and may have to register the class of exemptions themselves. The conditions derivative contracts, such as security eligible CDS that it has issued or cleared and representations in the companion futures products and standardized under the Exchange Act, which would exemptive orders and exemptions options.48 A Registered or Exempt CCP provide investors with civil remedies in require that information be available issuing or clearing eligible CDS will addition to antifraud remedies. While a about the terms of the CDS, the benefit from the temporary exemptions CCP registration statement covering creditworthiness of the CCP or any because it will not have to file eligible CDS (or the offer and sale of guarantor, and the clearing and registration statements with us covering such eligible CDS) may provide certain settlement process for the CDS. the offer and sale of the eligible CDS. information about the CCP, CDS Additionally, the conditions require that The registration form most applicable to contract terms, and the identification of financial information about the a CCP is a Form S–20, which is the form reference entities or reference securities, reference entity, the issuer of the that is used by options clearing houses reference security, or the reference it would not necessarily provide the that do not qualify for our exemption in type of information necessary to assess security be publicly available. We Securities Act Rule 238 49 from the credit risk of the reference entity or believe that these interim final registering the offer and sale of reference security. Further, while a CCP temporary rules and the exemptions we standardized options. If a CCP is not registration statement would provide are providing under the Exchange Act, required to register the offer and sale of will facilitate the operation of CCPs eligible CDS (on Form S–20, for information to the CDS market while enabling us to provide oversight example), it would not have to incur the participants, as well as to the market as to the non-excluded CDS market. We costs of such registration, including a whole, a condition of the clearing believe that the operation of one or more legal and accounting costs. Some of agency exemption in the exemptive CCPs in accordance with our these costs, of course, such as the costs orders is that the CCPs make their exemptions likely would improve the of obtaining audited financial audited financial statements and other efficiency and effectiveness of the CDS statements, may still be incurred as a information about themselves publicly market, provide clearing participants result of the operations of the entity as available. We recognize that a with increased transparency of a CCP and the regulatory oversight of consequence of the exemptions would exposures to particular reference the central counterparty operations. In be the unavailability of certain remedies entities or reference securities, and addition, if any of the CCPs are entities under the Securities Act and the increase available information about that are subject to the periodic reporting Exchange Act and certain protections reference entities or reference securities. requirements of the Exchange Act, the under the Trust Indenture Act. While an Absent an exemption, the offer and cost of filing a registration statement investor would be able to pursue an sale of eligible CDS that are or will be covering the eligible CDS would be antifraud action in connection with the issued or cleared by a Registered or lessened further as the information purchase and sale of eligible CDS under Exempt CCP would have to be registered regarding the CCP already would be Exchange Act Section 10(b),50 it would under the Securities Act, the eligible prepared. The availability of exemptions CDS that are or have been issued or not be able to pursue civil remedies under the Securities Act, the Exchange cleared by a Registered or Exempt CCP under Sections 11 or 12 of the Securities Act, and the Trust Indenture Act also 51 would have to be registered as a class Act. We could still pursue an would mean that CCPs would not incur under the Exchange Act, and the antifraud action in the offer and sale of the costs of preparing disclosure provisions of the Trust Indenture Act eligible CDS issued or cleared by a documents describing eligible CDS and 52 would apply. We believe that the CCP. from preparing indentures and interim final temporary rules exempting arranging for the services of a trustee. 47 CDSs were initially created to meet the demand of banking institutions looking to hedge and 48 See, e.g., Securities Act Section 3(a)(14) [15 diversify the credit risk attendant with their lending U.S.C. 77c(a)(14)], Securities Act Rule 238 [17 CFR activities. However, financial institutions such as 230.238]; Exchange Act Section 12(a) [15 U.S.C. 50 15 U.S.C. 78j(b). insurance companies, pension funds, securities 78l], and Exchange Act Rule 12h–1(d) and (e) [17 firms and hedge funds have entered the CDS CFR 240.12h–1(d) and (e)]. 51 15 U.S.C. 77k and 77l. market. 49 17 CFR 230.238. 52 See 15 U.S.C. 77q and 15 U.S.C. 78j(b).
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VII. Consideration of Impact On the final temporary rules should not have a Act does not apply to any eligible credit Economy, Burden On Competition and significant economic impact on a default swap that is: Promotion of Efficiency, Competition substantial number of small entities. (1) Issued or cleared by a clearing and Capital Formation agency registered as a clearing agency IX. Statutory Authority and Text of the under Section 17A of the Securities Section 23(a)(2) of the Exchange Rules and Amendments Act 53 requires us, when adopting rules Exchange Act of 1934 (15 U.S.C. 78q–1) under the Exchange Act, to consider the The rules and amendments described or exempt from registration under impact that any new rule would have on in this release are being adopted under Section 17A of the Securities Exchange competition. Section 23(a)(2) prohibits the authority set forth in Sections 18, 19 Act of 1934 pursuant to a rule, us from adopting any rule that would and 28 of the Securities Act; Sections regulation, or order of the Commission; impose a burden on competition not 12(h), 23(a) and 36 of the Exchange Act; and necessary or appropriate in furtherance and Section 304(d) of the Trust (2) Offered and sold only to an of the purposes of the Exchange Act. In Indenture Act. eligible contract participant (as defined in Section 1a(12) of the Commodity addition, Section 2(b) 54 of the Securities List of Subjects Act and Section 3(f) 55 of the Exchange Exchange Act (7 U.S.C. 1a(12)) as in Act require us, when engaging in 17 CFR Parts 230, 240 and 260. effect on the date of adoption of this rulemaking where we are required to Reporting and recordkeeping section, other than a person who is an consider or determine whether an action requirements, Securities. eligible contract participant under is necessary or appropriate in the public Text of the Rules and Amendments Section 1(a)(12)(C) of the Commodity interest, to also consider whether the Exchange Act). action will promote efficiency, ■ For the reasons set out in the (b) The exemption provided in competition, and capital formation. preamble, the Commission amends Title paragraph (a) of this section does not We are adopting interim final 17, Chapter II, of the Code of Federal apply to the provisions of Section 17(a) temporary rules that would exempt Regulations as follows: of the Act (15 U.S.C. 77q(a)). eligible CDS issued or cleared by a (c) Offers and sales. Any offer or sale Registered or Exempt CCP from all PART 230—GENERAL RULES AND of an eligible credit default swap provisions of the Securities Act, other REGULATIONS, SECURITIES ACT OF pursuant to this section by or on behalf than the Section 17(a) antifraud 1933 of the issuer of an identified security provision, as well as from the ■ that is to be delivered if there is a credit- 1. The authority citation for Part 230 related event or whose value is used to registration requirements under Section continues to read, in part, as follows: 12 of the Exchange Act and the determine the amount of the settlement provisions of the Trust Indenture Act. Authority: 15 U.S.C. 77b, 77c, 77d, 77f, obligation, an affiliate of such issuer, or Because our interim final temporary 77g, 77h, 77j, 77r, 77s, 77z–3, 77sss, 78c, 78d, an underwriter, will constitute a 78j, 78l, 78m, 78n, 78o, 78t, 78w, 78ll(d), exemptions will be available to any ‘‘contract for sale of,’’ ‘‘sale of,’’ ‘‘offer 78mm, 80a–8, 80a–24, 80a–28, 80a–29, 80a– for sale,’’ or ‘‘offer to sell’’ such Registered or Exempt CCP offering and 30, and 80a–37, unless otherwise noted. selling eligible CDS, we do not believe identified security under Section 2(a)(3) * * * * * that our actions today will impose a of the Act (15 U.S.C. 77b(a)(3)). burden on competition. We also believe ■ 2. Section 230.146 is amended by (d) Definition of Eligible Credit that the ability to settle CDS through adding paragraph (c)T to read as Default Swap. For purposes of this CCPs will improve the transparency of follows: section, an eligible credit default swap is a bilateral executory derivative the CDS market and provide greater § 230.146 Rules under section 18 of the assurance to participants as to the Act. contract not subject to individual capacity of the eligible CDS negotiation: * * * * * counterparty to perform its obligations (1) in which a buyer makes payments (c)T Temporary definition of eligible under the eligible CDS. We believe that to the seller and, in return, receives a contract participant as qualified increased transparency in the CDS payout if there is a default or other purchaser. For purposes of Section market could help to decrease further credit event involving identified 18(b)(3) of the Act (15 U.S.C. 77r(b)(3)), market turmoil and thereby facilitate the obligation(s) or identified entity(ies) the term ‘‘qualified purchaser’’ shall capital formation process. within a certain time; and mean any eligible contract participant (2) The agreement for which includes VIII. Regulatory Flexibility Act (as defined in Section 1a(12) of the the: Certification Commodity Exchange Act (7 U.S.C. (i) Specification of the identified The Commission hereby certifies 1a(12)) as in effect on the date of obligation or obligor; or, in the case of pursuant to 5 U.S.C. 605(b) that the adoption of this section, other than a an identified group or index thereof, all interim final temporary rules contained person who is an eligible contract of the identified obligations or obligors in this release will not have a significant participant under Section 1(a)(12)(C) of comprising any such group or index; economic impact on a substantial the Commodity Exchange Act) that has (ii) Term of the agreement; number of small entities. The interim been sold an eligible credit default swap (iii) Notional amount upon which final temporary rules exempt eligible (as defined in Rule 239T of this Act) in payment obligations are calculated; CDS that are or will be issued or cleared reliance on Rule 239T of this Act. This (iv) Credit-related events that trigger a by a Registered or Exempt CCP. None of temporary rule will expire on settlement obligation; and the entities that are eligible to meet the September 25, 2009. (v) Obligations to be delivered if there requirements of the exemption from ■ 3. Section 230.239T is added to read is a credit-related event or, if it is a cash registration under Section 17A is a as follows: settlement, the obligations whose value small entity. For this reason, the interim is to be used to determine the amount § 230.239T Temporary exemption for of settlement obligation under the eligible credit default swaps. 53 15 U.S.C. 78w(a)(2). eligible credit default swap. 54 15 U.S.C. 77b(b). (a) Except as expressly provided in (e) This temporary rule will expire on 55 15 U.S.C. 78c(f). paragraph (b) and (c) of this section, the September 25, 2009.
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PART 240—GENERAL RULES AND temporary rule will expire on DATES: Effective Date: This rule is REGULATIONS, SECURITIES September 25, 2009. effective on February 23, 2009. EXCHANGE ACT OF 1934 ADDRESSES: EPA has established docket PART 260—GENERAL RULES AND number EPA–R09–OAR–2008–0705 for ■ 4. The authority citation for Part 240 REGULATIONS, TRUST INDENTURE this action. The index to the docket is continues to read, in part, as follows: ACT OF 1939 available electronically at http:// www.regulations.gov and in hard copy Authority: 15 U.S.C. 77c, 77d, 77g, 77j, ■ 7. The authority citation for Part 260 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, at EPA Region IX, 75 Hawthorne Street, continues to read as follows: 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, San Francisco, California. While all 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, Authority: 15 U.S.C. 77eee, 77ggg, 77nnn, documents in the docket are listed in 78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a– 77sss, 78ll(d), 80b–3, 80b–4, and 80b–11. the index, some information may be 20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, ■ 8. Section 260.4d–11T is added to publicly available only at the hard copy 80b–11, and 7201 et seq., and 18 U.S.C. 1350, read as follows: location (e.g., copyrighted material), and unless otherwise noted. some may not be publicly available in * * * * * § 260.4d–11T Temporary exemption for eligible credit default swaps offered and either location (e.g., CBI). To inspect the ■ 5. Section 240.12a–10T is added to sold in reliance on Securities Act of 1933 hard copy materials, please schedule an read as follows: Rule 239T (§ 230.239T). appointment during normal business FOR § 240.12a–10T Temporary exemption of Any eligible credit default swap (as hours with the contact listed in the eligible credit default swaps from Section defined in Rule 239T of this chapter, 17 FURTHER INFORMATION CONTACT section. 12(a) of the Act. CFR 230.239T), whether or not issued FOR FURTHER INFORMATION CONTACT: (a) The provisions of Section 12(a) of under an indenture, is exempt from the Eleanor Kaplan, Air Planning Office the Act (15 U.S.C. 78l(a)) do not apply Act if offered and sold in reliance on (AIR–2), U.S. Environmental Protection in respect of any eligible credit default Rule 239T of this chapter. This Agency, Region IX, (415) 947–4147, swap, as defined in Rule 239T of the temporary rule will expire on [email protected]. Securities Act of 1933 (17 CFR September 25, 2009. SUPPLEMENTARY INFORMATION: 230.239T) issued or cleared by a By the Commission. Throughout this document, ‘‘we’’, ‘‘us’’ clearing agency registered as a clearing Dated: January 14, 2009. and ‘‘our’’ refer to EPA. agency under Section 17A of the Act (15 Elizabeth M. Murphy, Table of Contents U.S.C. 78q–1) or exempt from Secretary. I. Proposed Action registration under Section 17A of the [FR Doc. E9–1123 Filed 1–21–09; 8:45 am] II. Public Comments Act pursuant to a rule, regulation, or BILLING CODE 8011–01–P III. EPA Action order of the Commission, that will be IV. Statutory and Executive Order Reviews purchased by or sold to an eligible contract participant (as defined in I. Proposed Action Section 1a(12) of the Commodity ENVIRONMENTAL PROTECTION On September 25, 2008 (73 FR 55466), Exchange Act (7 U.S.C. 1a(12)) as in AGENCY under the Clean Air Act (CAA or ‘‘Act’’), effect on the date of adoption of this EPA proposed to approve certain section, other than a person who is an 40 CFR Part 52 revisions, and to disapprove certain eligible contract participant under other revisions, to the Nevada State [EPA–R09–OAR–2008–0705; FRL–8748–7] Section 1(a)(12)(C) of the Commodity Implementation Plan (SIP) submitted by Exchange Act. Approval and Promulgation of the Nevada Division of Environmental (b) This temporary rule will expire on Implementation Plans; Nevada; Vehicle Protection (NDEP). These revisions September 25, 2009. Inspection and Maintenance Program relate to the application of the State’s ■ 6. Section 240.12h–1 is amended by vehicle inspection and maintenance adding paragraph (h)T to read as AGENCY: Environmental Protection (I/M) program to vehicles operated on follows: Agency (EPA). Federal installations. EPA also proposed ACTION: Final rule. to correct certain SIP revisions related to § 240.12h–1 Exemptions from registration this subject that EPA previously under section 12(g) of the Act. SUMMARY: Under the Clean Air Act, EPA approved in error. * * * * * is approving certain revisions, and Specifically, EPA proposed to (h)T any eligible credit default swap, disapproving certain other revisions, to approve paragraphs (a), (b) and (c) of as defined in Rule 239T of the Securities the Nevada State Implementation Plan subsection (2) of Nevada Administrative Act of 1933 (17 CFR 230.239T), issued submitted by the Nevada Division of Code (NAC) section 445B.595 or cleared by a clearing agency Environmental Protection. These (‘‘Inspections of vehicles owned by registered as a clearing agency under revisions relate to the application of the State or political subdivisions or Section 17A of the Act (15 U.S.C. 78q– State’s vehicle inspection and operated on federal installations’’). 1) or exempt from registration under maintenance program to vehicles NDEP submitted NAC 445B.595 to EPA Section 17A of the Act pursuant to a operated on Federal installations. EPA on May 11, 2007. We proposed to rule, regulation, or order of the is also correcting certain plan revisions approve these paragraphs of NAC Commission that will be purchased by related to this subject that EPA 445B.595(2) because they extend the or sold to an eligible contract previously approved in error. The same vehicle I/M testing, standards, and participant (as defined in Section 1a(12) intended effect is to ensure that vehicles certification requirements to motor of the Commodity Exchange Act (7 operated on Federal installations are vehicles operated on Federal U.S.C. 1a(12)) as in effect on the date of subject only to those requirements of the installations as apply to adoption of this section, other than a State’s vehicle inspection and nongovernmental entities, consistent person who is an eligible contract maintenance program that apply in the with CAA section 118(a). See our participant under Section 1(a)(12)(C) of same manner and to the same extent to September 25, 2008 proposed rule at 73 the Commodity Exchange Act. This nongovernmental entities. FR 55467. By the same token, we
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proposed to disapprove paragraph (d) of additional requirements under the In addition, this rule does not have NAC 445B.595(2) because it would vehicle I/M program for motor vehicles tribal implications as specified by establish an additional vehicle I/M operated on Federal installations that do Executive Order 13175 (65 FR 67249, requirement for motor vehicles operated not apply to nongovernmental entities November 9, 2000), because the SIP is on Federal installations that do not and thus would be inconsistent with not approved to apply in Indian country apply to nongovernmental entities and CAA section 118(a). located in the state, and EPA notes that thereby would exceed the limits on the it will not impose substantial direct waiver of sovereign immunity IV. Statutory and Executive Order costs on tribal governments or preempt established in CAA section 118(a). See Reviews tribal law. our proposed rule at 73 FR 55468. Under the Clean Air Act, the The Congressional Review Act, 5 In our September 25, 2008 proposed Administrator is required to approve a U.S.C. section 801 et seq., as added by rule, we also proposed to rescind our SIP submission that complies with the the Small Business Regulatory previous approval of paragraph (d) of provisions of the Act and applicable Enforcement Fairness Act of 1996, NAC 445B.595(2) and our previous Federal regulations. 42 U.S.C. 7410(k); generally provides that before a rule approvals of another State vehicle I/M 40 CFR 52.02(a). Thus, in reviewing SIP may take effect, the agency requirement, paragraph (d) of NAC submissions, EPA’s role is to approve promulgating the rule must submit a 445B.461(3). We approved both of these state choices, provided that they meet rule report, which includes a copy of provisions in our 2004 approval of the the criteria of the Clean Air Act. the rule, to each House of the Congress State’s vehicle I/M program in Las Vegas Accordingly, this action merely and to the Comptroller General of the Valley and Boulder City, and we approves state law as meeting Federal United States. EPA will submit a report approved NAC 445B.461(3) again in our requirements and does not impose containing this rule and other required 2008 approval of the State’s update to additional requirements beyond those information to the U.S. Senate, the U.S. its mobile source SIP. See 69 FR 56351 imposed by state law. For that reason, House of Representatives, and the (September 21, 2004) and 73 FR 38124 this action: Comptroller General of the United (July 3, 2008). We proposed these • Is not a ‘‘significant regulatory States prior to publication of the rule in rescissions under the error correction action’’ subject to review by the Office the Federal Register. A major rule authority provided to us under CAA of Management and Budget under cannot take effect until 60 days after it section 110(k)(6). As explained in our Executive Order 12866 (58 FR 51735, is published in the Federal Register. proposed rule at 73 FR 55468, we October 4, 1993); This action is not a ‘‘major rule’’ as proposed to rescind our previous • Does not impose an information defined by 5 U.S.C. section 804(2). approvals of NAC 445B.595(2)(d) and collection burden under the provisions Under section 307(b)(1) of the Clean NAC 445B.461(3)(d) because these of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of provisions establish certain additional U.S.C. 3501 et seq.); this action must be filed in the United requirements under the State’s vehicle I/ • Is certified as not having a States Court of Appeals for the M program for motor vehicles operated significant economic impact on a appropriate circuit by March 23, 2009. on Federal installations that do not substantial number of small entities Filing a petition for reconsideration by apply to nongovernmental entities and under the Regulatory Flexibility Act (5 the Administrator of this final rule does thus are inconsistent with the limits of U.S.C. 601 et seq.); not affect the finality of this rule for the sovereign immunity established in CAA • Does not contain any unfunded purposes of judicial review, nor does it section 118(a). mandate or significantly or uniquely extend the time within which a petition Our September 25, 2008 proposed affect small governments, as described for judicial review may be filed, and rule provides additional background in the Unfunded Mandates Reform Act shall not postpone the effectiveness of information and a more detailed of 1995 (Pub. L. 104–4); such rule or action. This action may not rationale for our actions summarized • Does not have Federalism be challenged later in proceedings to above. implications as specified in Executive enforce its requirements. (See section II. Public Comments Order 13132 (64 FR 43255, August 10, 307(b)(2).) EPA’s September 25, 2008 proposed 1999); List of Subjects in 40 CFR Part 52 • rule provided a 30-day public comment Is not an economically significant Environmental protection, Air period. No comments were submitted. regulatory action based on health or pollution control, Incorporation by safety risks subject to Executive Order III. EPA Action reference, Intergovernmental relations, 13045 (62 FR 19885, April 23, 1997); Reporting and recordkeeping • As authorized under section 110(k) of Is not a significant regulatory action requirements. the Clean Air Act, and for the reasons subject to Executive Order 13211 (66 FR provided in summary fashion herein 28355, May 22, 2001); Dated: November 21, 2008. and in more detail in our proposed rule, • Is not subject to requirements of Laura Yoshi, we are approving NDEP’s submittal on Section 12(d) of the National Acting Regional Administrator, Region IX. May 11, 2007 of paragraphs (a), (b), and Technology Transfer and Advancement ■ Part 52, chapter I, title 40 of the Code (c) of NAC 445B.595(2) as consistent Act of 1995 (15 U.S.C. 272 note) because of Federal Regulations is amended as with all applicable CAA requirements application of those requirements would follows: but disapproving paragraph (d) of NAC be inconsistent with the Clean Air Act; 445B.595(2) as inconsistent with the and PART 52—[AMENDED] limits on the waiver of sovereign • Does not provide EPA with the ■ 1. The authority citation for Part 52 immunity established in CAA section discretionary authority to address, as continues to read as follows: 118(a). In addition, under CAA section appropriate, disproportionate human Authority: 42 U.S.C. 7401 et seq. 110(k)(6), we are rescinding our health or environmental effects, using previous approvals of NAC practicable and legally permissible Subpart DD—Nevada 445B.461(3)(d) and 445B.595(2)(d) since methods, under Executive Order 12898 they would otherwise set forth (59 FR 7629, February 16, 1994). ■ 2. Section 52.1470 is amended by:
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■ a. Adding paragraph (c)(48)(i)(A)(2); SIP without replacement: Nevada vehicle inspection and maintenance ■ b. Adding paragraph (c)(71)(i)(A)(3); Administrative Code (NAC) sections: program in Las Vegas Valley/Boulder and 445B.461(3)(d) and 445B.595(2)(d). City and Truckee Meadows: Nevada ■ c. Adding paragraph (c)(71)(i)(A)(4) to * * * * * Administrative Code, chapter 445B read as follows: (71) * * * (January 2007 revision by the Legislative (i) * * * § 52.1470 Identification of plan. Counsel Bureau), paragraphs (a), (b), (A) * * * and (c) of subsection (2) of section * * * * * (3) Previously approved on July 3, 445B.595, ‘‘Inspections of vehicles (c) * * * 2008, in paragraph (c)(71)(i)(A)(2) of this owned by State or political subdivisions (48) * * * section and now deleted from the SIP (i) * * * without replacement: Nevada or operated on federal installations.’’ (A) * * * Administrative Code (NAC) section: * * * * * (2) Previously approved on September 445B.461(3)(d). [FR Doc. E9–903 Filed 1–21–09; 8:45 am] 21, 2004, in paragraph (c)(48)(i)(A)(1) of (4) New or amended rules related to BILLING CODE 6560–50–P this section and now deleted from the mobile sources, including Nevada’s
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Proposed Rules Federal Register Vol. 74, No. 13
Thursday, January 22, 2009
This section of the FEDERAL REGISTER New Jersey Avenue, SE., West Building other information. The street address for contains notices to the public of the proposed Ground Floor, Room W12–140, the Docket Operations office (telephone issuance of rules and regulations. The Washington, DC 20590–0001. (800) 647–5527) is the same as the Mail purpose of these notices is to give interested • Hand Delivery: Deliver to Mail address provided in the ADDRESSES persons an opportunity to participate in the address above between 9 a.m. and 5 section. Comments will be available in rule making prior to the adoption of the final rules. p.m., Monday through Friday, except the AD docket shortly after receipt. Federal holidays. Discussion • Fax: (202) 493–2251. DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: On February 7, 2007, we issued AD James Lawrence, Aerospace Engineer, 2005–17–17R1, Amendment 39–14940 Federal Aviation Administration Engine Certification Office, FAA, Engine (72 FR 6925, February 14, 2007). That and Propeller Directorate, 12 New AD requires replacing the O-ring on the 14 CFR Part 39 England Executive Park, Burlington, MA check valve piston in the lubrication 01803; e-mail: [email protected]; unit at repetitive intervals. EASA, [Docket No. FAA–2005–22039; Directorate which is the Technical Agent for the Identifier 2005–NE–33–AD] telephone (781) 238–7176; fax (781) 238–7199. Member States of the European RIN 2120–AA64 Community, notified us that an unsafe SUPPLEMENTARY INFORMATION: condition may exist on Turbomeca S.A. Airworthiness Directives; Turbomeca Comments Invited Arrius 2F turboshaft engines that have S.A. Arrius 2F Turboshaft Engines not incorporated Turbomeca We invite you to send any written Modification Tf75. EASA advises that AGENCY: Federal Aviation relevant data, views, or arguments these engines could experience an Administration (FAA), Department of regarding this proposal. Send your uncommanded in-flight shutdown, Transportation (DOT). comments to an address listed under which could result in a forced ACTION ADDRESSES. Include ‘‘Docket No. FAA– : Notice of proposed rulemaking autorotation landing and damage to the 2005–22039; Directorate Identifier (NPRM). helicopter. 2005–NE–33–AD’’ in the subject line of SUMMARY: The FAA proposes to your comments. We specifically invite Actions Since AD 2005–17–17R1 Was supersede an existing airworthiness comments on the overall regulatory, Issued directive (AD) for Turbomeca S.A. economic, environmental, and energy Since AD 2005–17–17R1 was issued, Arrius 2F turboshaft engines that have aspects of the proposed AD. We will EASA and Turbomeca have mandated not incorporated Turbomeca consider all comments received by the that the check valve piston in the Modification Tf75. That AD currently closing date and may amend the lubrication unit be replaced with a requires replacing the O-ring on the proposed AD in light of those check valve piston not requiring an O- check valve piston in the lubrication comments. ring, no later than May 31, 2009, by unit at repetitive intervals. This We will post all comments we incorporating Modification Tf75. proposed AD would require the same receive, without change, to http:// repetitive replacements and would www.regulations.gov, including any Relevant Service Information require incorporating Modification Tf75 personal information you provide. We We have reviewed and approved the as terminating action to the repetitive O- will also post a report summarizing each technical contents of Turbomeca S.A. ring replacements. Modification Tf75 substantive verbal contact with FAA Mandatory Service Bulletin (MSB) No. replaces the check valve piston with a personnel concerning this proposed AD. 319 79 4075, Version B, dated May 14, piston design not requiring an O-ring. Using the search function of the Web 2008. That MSB describes procedures This proposed AD results from the site, anyone can find and read the for incorporating Modification Tf75, European Aviation Safety Agency comments in any of our dockets, which replaces the check valve piston (EASA) and Turbomeca S.A. mandating including, if provided, the name of the with one not requiring an O-ring. EASA the incorporation of Modification Tf75. individual who sent the comment (or classified this MSB as mandatory and We are proposing this AD to prevent an signed the comment on behalf of an issued AD 2008–0170 to ensure the uncommanded in-flight shutdown of the association, business, labor union, etc.). airworthiness of these Arrius 2F engine, which could result in a forced You may review the DOT’s complete turboshaft engines in Europe. autorotation landing and damage to the Privacy Act Statement in the Federal helicopter. Register published on April 11, 2000 Bilateral Agreement Information DATES: We must receive any comments (65 FR 19477–78). This engine model is manufactured in on this proposed AD by March 23, 2009. France and is type certificated for Examining the AD Docket ADDRESSES: Use one of the following operation in the United States under the addresses to comment on this proposed You may examine the AD docket on provisions of Section 21.29 of the AD. the Internet at http:// Federal Aviation Regulations (14 CFR • Federal eRulemaking Portal: Go to www.regulations.gov; or in person at the 21.29) and the applicable bilateral http://www.regulations.gov and follow Docket Operations office between 9 a.m. airworthiness agreement. Under this the instructions for sending your and 5 p.m., Monday through Friday, bilateral airworthiness agreement, EASA comments electronically. except Federal holidays. The AD docket has kept us informed of the situation • Mail: Docket Management Facility, contains this AD, the regulatory described above. We have examined the U.S. Department of Transportation, 1200 evaluation, any comments received, and findings of EASA, reviewed all available
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information, and determined that AD promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. action is necessary for products of this air commerce by prescribing regulations type design that are certificated for for practices, methods, and procedures § 39.13 [Amended] operation in the United States. the Administrator finds necessary for 2. The FAA amends § 39.13 by safety in air commerce. This regulation FAA’s Determination and Requirements removing Amendment 39–14940 (72 FR is within the scope of that authority of the Proposed AD 6925, February 14, 2007) and by adding because it addresses an unsafe condition a new airworthiness directive, to read as We have evaluated all pertinent that is likely to exist or develop on follows: information and identified an unsafe products identified in this rulemaking condition that is likely to exist or action. Turbomeca S.A: Docket No. FAA–2005– develop on other products of this same 22039; Directorate Identifier 2005–NE– type design. We are proposing this AD, Regulatory Findings 33–AD. which would require replacing the O- We have determined that this Comments Due Date ring on the check valve piston in the proposed AD would not have federalism (a) The Federal Aviation Administration lubrication unit at repetitive intervals. implications under Executive Order (FAA) must receive comments on this This proposed AD would also require 13132. This proposed AD would not airworthiness directive (AD) action by March incorporating Modification Tf75 within have a substantial direct effect on the 23, 2009. 5 months after the AD effective date, as States, on the relationship between the terminating action to the repetitive O- national Government and the States, or Affected ADs ring replacements. The proposed AD on the distribution of power and (b) This AD supersedes AD 2005–17–17R1, would require that you do these actions responsibilities among the various Amendment 39–14940, as terminating action using the service information described levels of government. to the repetitive O-ring replacements previously. For the reasons discussed above, I required by that AD. certify that the proposed AD: Costs of Compliance 1. Is not a ‘‘significant regulatory Applicability We estimate that this proposed AD action’’ under Executive Order 12866; (c) This AD applies to Turbomeca S.A. would affect 94 Arrius 2F turboshaft 2. Is not a ‘‘significant rule’’ under the Arrius 2F turboshaft engines that have not engines installed on helicopters of U.S. DOT Regulatory Policies and Procedures incorporated modification Tf75. These registry. We also estimate that it would (44 FR 11034, February 26, 1979); and engines are installed on, but not limited to, take about one work-hour per engine to 3. Would not have a significant Eurocopter EC120B helicopters. perform an O-ring replacement, and economic impact, positive or negative, Unsafe Condition about one work-hour to incorporate on a substantial number of small entities Modification Tf75. The average labor under the criteria of the Regulatory (d) This AD results from the European rate is $80 per work-hour. Required Flexibility Act. Aviation Safety Agency (EASA) and parts would cost about $16 per engine We prepared a regulatory evaluation Turbomeca S.A. mandating the incorporation for O-ring replacement, and about $20 of the estimated costs to comply with of Modification Tf75. The actions specified per engine for incorporating this proposed AD. See the ADDRESSES in this AD are intended to prevent an Modification Tf75. Based on these section for a location to examine the uncommanded in-flight shutdown of the figures, we estimate the total cost of the regulatory evaluation. engine, which could result in a forced autorotation landing and damage to the proposed AD to U.S. operators to be List of Subjects in 14 CFR Part 39 $18,424. helicopter. Air transportation, Aircraft, Aviation Compliance Authority for This Rulemaking safety, Incorporation by reference, (e) You are responsible for having the Title 49 of the United States Code Safety. actions required by this AD performed within specifies the FAA’s authority to issue The Proposed Amendment the compliance times specified unless the rules on aviation safety. Subtitle I, actions have already been done. Section 106, describes the authority of Accordingly, under the authority the FAA Administrator. Subtitle VII, delegated to me by the Administrator, O-Ring Replacement Aviation Programs, describes in more the Federal Aviation Administration proposes to amend 14 CFR part 39 as (f) Replace the O-ring on the check valve detail the scope of the Agency’s piston in the lubrication unit at the intervals follows: authority. specified in Table 1 of this AD. Use the We are issuing this rulemaking under PART 39—AIRWORTHINESS Instructions to be Incorporated paragraphs the authority described in Subtitle VII, DIRECTIVES 2.A. through 2.C.(2) of Turbomeca Alert Part A, Subpart III, Section 44701, Service Bulletin No. A319 79 4802, Update ‘‘General requirements.’’ Under that 1. The authority citation for part 39 No. 1, dated April 3, 2006, to replace the O- section, Congress charges the FAA with continues to read as follows: ring.
TABLE 1—COMPLIANCE TIMES FOR O-RING REPLACEMENT
If the class of oil is: Then replace the O-ring by the later of: Thereafter, replace the O-ring within:
(1) HTS or unknown...... 300 hours time-since-new (TSN) or 50 hours after March 21, 300 hours time-since-last replacement (TSR). 2007 (effective date of AD 2005–17–17R1). (2) STD ...... 450 hours TSN or 50 hours after March 21, 2007 (effective 500 hours TSR. date of AD 2005–17–17R1).
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Mandatory Terminating Action Alternative Methods of Compliance (k) Contact James Lawrence, Aerospace (g) Within 5 months after the effective date (h) The Manager, Engine Certification Engineer, Engine Certification Office, FAA, of this AD, do the following mandatory Office, FAA, has the authority to approve Engine and Propeller Directorate, 12 New terminating action to the repetitive O-ring alternative methods of compliance for this England Executive Park, Burlington, MA replacements: AD if requested using the procedures found 01803; e-mail: [email protected]; in 14 CFR 39.19. (1) Incorporate Turbomeca Modification telephone (781) 238–7176; fax (781) 238– Tf75 by replacing the check valve piston in Related Information 7199, for more information about this AD. the lubrication unit, with a check valve (i) EASA AD 2008–0170, dated September Issued in Burlington, Massachusetts, on piston requiring no O-ring. 25, 2008, also addresses the subject of this January 13, 2009. AD. (2) Use the Instructions to be Incorporated Peter A. White, paragraphs 2.A. through 2.B.(1)(r) of (j) Contact Turbomeca S.A., 40220 Tarnos, Assistant Manager, Engine and Propeller Turbomeca Mandatory Service Bulletin No. France; e-mail: [email protected]; Directorate, Aircraft Certification Service. 319 79 4075, Version B, dated May 14, 2008, telephone 33 05 59 74 40 00, fax 33 05 59 74 45 15, or go to: http://www.turbomeca- [FR Doc. E9–1186 Filed 1–21–09; 8:45 am] to replace the check valve piston. support.com, for a copy of the service BILLING CODE 4910–13–P information identified in this AD.
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Notices Federal Register Vol. 74, No. 13
Thursday, January 22, 2009
This section of the FEDERAL REGISTER United States Department of about the quality of a person’s diet. The contains documents other than rules or Agriculture, 3101 Park Center Drive, tools allow users to input their daily proposed rules that are applicable to the Room 1034, Alexandria, Virginia, food intakes and physical activity public. Notices of hearings and investigations, 22302. Comments may also be information and obtain a quick committee meetings, agency decisions and submitted via fax to the attention of summary of overall daily diet quality, rulings, delegations of authority, filing of Donna Johnson-Bailey at 703–305–3300 activity status, and energy balance in petitions and applications and agency { statements of organization and functions are or via e-mail to donna.johnson- relation to the current Dietary examples of documents appearing in this [email protected] }. Comments will Guidelines for Americans. Information section. also be accepted through the Federal can be tracked for up to 1 year. The eRulemaking Portal. Go to tools generate motivational education http://www.regulations.gov, and follow messages tailored to the user’s personal DEPARTMENT OF AGRICULTURE the online instructions for submitting assessment results. comments electronically. This collection will be ongoing. The Center for Nutrition Policy and All written comments will be open for information collected will only be Promotion; Agency Information public inspection at the office of the accessible by the user. If the tools need Collection Activities; Proposed Food, Nutrition and Consumer Services to be improved, such as Dietary Collection: Comment Request— during regular business hours (8:30 a.m. Guidelines updates or technical MyPyramid Interactive Information to 5 p.m. Monday through Friday) at enhancements, formative assessment Collection for Registration, Login, 3101 Park Center Drive, Room 1034, will be completed by students in Food Intake and Physical Activity Alexandria, Virginia 22302. cooperation with universities or Assessment Information All responses to this notice will be colleges. Analysis of feedback from formative testing will be completed AGENCY: Center for Nutrition Policy and summarized and included in the request prior to the release of any updates or Promotion, USDA. for Office of Management and Budget (OMB) approval. All comments will also Web site enhancements for the general ACTION: Notice. become a matter of public record. public. Affected Public: 3,310,722 Individuals SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: and Households, College Students— Paperwork Reduction Act of 1995, this Requests for additional information or computer users. notice invites the general public and copies should be directed to Donna Estimated Number of Responses per other public agencies to comment on Johnson-Bailey, (703) 305–7600. this proposed information collection. Respondent: 365 daily. SUPPLEMENTARY INFORMATION: Title: Estimated Total Annual Burden on This collection is an extension without MyPyramid Tracker and Menu Planner Respondents: 6,843,466 hours. change of a currently approved Information Collection for Registration, Estimated Total Annual Responses: collection MyPyramid Tracker and Login and Food Intake and Physical 30,019,978. Menu Planner, on-line dietary and Activity Assessment. Estimated Number of MyPyramid physical activity self-assessment tools. OMB Number: 0584–0535. Tracker Respondents: Of the 3,310,722 DATES: Written comments on this notice Expiration Date: June 30, 2009. total respondent population and based must be submitted on or before March Type of Request: Extension without on MyPyramid Tracker activity for the 23, 2009. change of a currently approved past 12 months, 2,660,704 respondents ADDRESSES: Comments are invited on: collection. have registered, logged on and entered (a) Whether the proposed collection of Abstract: MyPyramid Tracker (http:// food and physical activity data for at information is necessary for the proper www.mypyramidtracker.gov) and least 1 day. Approximately 10% performance of the functions of the MyPyramid Menu Planner (http:// repeatedly used the Tracker on a daily agency, including whether the www.mypyramidtracker.gov/planner/ basis over the past year. This would information shall have practical utility; launchPage.aspx) are Internet based diet equate to approximately 22,173 repeat (b) the accuracy of the agency’s estimate and physical activity self-assessment users visiting the site each month of the burden of the proposed collection tools. The MyPyramid Menu Planner during one year. of information, including the validity of tool is a simplified version of the The number of subjects included in the methodology and assumptions that Tracker. The Menu Planner simplifies formative assessments for MyPyramid were used; (c) ways to enhance the both the user interface and the Tracker will include about 9 college quality, utility, and clarity of the underlying data. It allows users to students, who will log in and add food information to be collected; and (d) compare their food choices to intake and physical activity data for ways to minimize the burden of the MyPyramid recommendations. All users approximately 3 days. collection of information on those who may choose to save their information by Estimated Time Per Response: For are to respond, including use of registering with a username and both the MyPyramid Tracker and the appropriate automated, electronic, password. Individual can also use the Menu Planner, it will take individuals mechanical, or other technological MyPyramid Tracker and Menu Planner approximately 1 minute (.0167) to collection techniques or other forms of without registration. register for a system logon ID and information technology. Both MyPyramid Tracker and password. It typically takes users 30 Comments may be sent to: Jackie MyPyramid Menu Planner translate seconds (.0083) to log in to the system Haven, Director, Nutrition Marketing science-based guidance into practical and approximately 30 minutes (.5) to and Communications Division, Center information and promote nutrition complete food and physical activity data for Nutrition Policy and Promotion, education by increasing awareness entry log for 1 day.
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TABLE 1—MYPYRAMID TRACKER ESTIMATED BURDEN HOURS
(d) Frequency (e) Est. total (b) (c) Number of responses annual (f) Hours per (g) Total Affected public Description of activity Form respondents per responses response burden (e x f) No. respondent (c x d)
Reporting Burden
Individual and house- One time registration .. N/A 2,660,704 1 2,660,704 0.0167 44,433.76 holds. One time Log-in ...... N/A 2,660,704 1 2,660,704 0.0083 22,083.84 Food/Physical Activity N/A 2,660,704 1 2,660,704 0.5 1,330,352.00 Data Entry for 1 Day. Repeat Log-ins for 1 N/A 22,173 364 8,070,972.00 0.0083 66,989 Year. Repeat Food/Physical N/A 22,173 364 8,070,972.00 0.5 4,035,486.00 Activity Data Entries for 1 Year.
Total Burden Esti- ...... 2,660,704.00 ...... 24,124,056.00 ...... 5,499,344.67 mates.
TABLE 2—MYPYRAMID TRACKER ESTIMATED BURDEN HOURS—STUDENT FORMATIVE RESEARCH
(d) Frequency (b) (c) Number of responses (e) Est. total (f) Hours per (g) Total Affected public Description of activity Form respondents per annual response burden (e x f) No. respondent responses
Reporting Burden
Students ...... One time registration .. N/A 9 1.00 9.00 0.01670 0.15 One time Log-in ...... N/A 9 1.00 9.00 0.0083 0.07 Food/Physical Activity N/A 9 1.00 9.00 0.5 4.50 Data Entry for 1 Day. Repeat Log-ins for 1 N/A 9 3.00 27.00 0.0083 0.22 Year. Repeat Food/Physical N/A 9 3.00 27.00 0.5 13.50 Activity Data Entries for 1 Year.
Total Burden Esti- ...... 9.00 ...... 81.00 ...... 18.45 mates.
Estimated Number of MyPyramid and entered food and physical activity year. The number of subjects included Menu Planner Respondents: Of the data for at least one day. Approximately in the formative assessment is about 9 3,310,722 total respondent population 10% used the Tracker on a daily basis college students who will use the same and based on MyPyramid Menu Planner over the past year. This would equate to log in process to create 3 days of food activity for the past 12 months, 650,000 approximately 5,420 repeat users intake and physical activity data. respondents have registered, logged on visiting the site each month during one
TABLE 3—MYPYRAMID MENU PLANNER ESTIMATED BURDEN HOURS
(d) Frequency (b) (c) Number of responses (e) Est. total (f) Hours per (g) Total Affected public Description of activity Form respondents per annual response burden (e x f) No. respondent responses
Reporting Burden
Individual and house- One time registration .. N/A 650,000 1.00 650,000.00 0.01670 10,855.00 holds. One time Log-in ...... N/A 650,000 1.00 650,000.00 0.0083 5,395.00 Food/Physical Activity N/A 650,000 1.00 650,000.00 0.5 325,000.00 Data Entry for 1 Day. Repeat Log-ins for 1 N/A 5,420 364.00 1,972,880.00 0.0083 16,374.90 Year. Repeat Food/Physical N/A 5,420 364.00 1,972,880.00 0.5 986,440.00 Activity Data Entries for 1 Year.
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TABLE 3—MYPYRAMID MENU PLANNER ESTIMATED BURDEN HOURS—Continued
(d) Frequency (b) (c) Number of responses (e) Est. total (f) Hours per (g) Total Affected public Description of activity Form respondents per annual response burden (e x f) No. respondent responses
Total Burden Esti- ...... 650,000.00 ...... 5,895,760.00 ...... 1,344,064.90 mates.
TABLE 4—MYPYRAMID MENU PLANNER ESTIMATED BURDEN HOURS—STUDENT FORMATIVE RESEARCH
(d) Frequency (e) Est. total (b) (c) Number of responses annual (f) Hours per (g) Total Affected public Description of activity Form respondents per responses response burden (e x f) No. respondent (c x d)
Reporting Burden
Students ...... One time registration .. N/A 9 1.00 9.00 0.01670 0.15 One time Log-in ...... N/A 9 1.00 9.00 0.0083 0.07 Food/Physical Activity N/A 9 1.00 9.00 0.5 4.50 Data Entry for 1 Day. Repeat Log-ins for 1 N/A 9 3.00 27.00 0.0083 0.22 Year. Repeat Food/Physical N/A 9 3.00 27.00 0.5 13.50 Activity Data Entries for 1 Year.
Total Burden Esti- ...... 9 ...... 81.00 ...... 18.45 mates.
Dated: January 13, 2009. DATES: January 22, 2009. river basins: Susquehanna River, Robert Post, FOR FURTHER INFORMATION CONTACT: Shenandoah River, Potomac River Deputy Director, Center for Nutrition Policy Lillian Woods, Acting Director, (including North and South Potomac), and Promotion. Conservation Planning and Technical and the Patuxent River. [FR Doc. E9–1141 Filed 1–21–09; 8:45 am] Assistance Division, Natural Resources The Chesapeake Bay Watershed BILLING CODE 3410–30–P Conservation Service, P.O. Box 2890, Initiative helps agricultural producers Washington, DC 20013; phone (202) improve water quality and quantity, and 720–8851; fax (202) 720–2998. Submit restore, enhance, and preserve soil, air, DEPARTMENT OF AGRICULTURE electronic requests for additional and related resources in the Chesapeake information to: Commodity Credit Corporation Bay watershed through the [email protected]. implementation of conservation Chesapeake Bay Watershed Initiative SUPPLEMENTARY INFORMATION: CCC practices. These conservation practices hereby announces up to $23 million to reduce soil erosion and nutrient levels AGENCY: Natural Resources provide technical and financial in ground and surface water, improve, Conservation Service and Commodity assistance to producers under the restore, and enhance wildlife habitat, Credit Corporation, United States Chesapeake Bay Watershed Initiative in and help address air quality and related Department of Agriculture (USDA). FY 2009. natural resource concerns. The Initiative ACTION: Notice of availability of program Section 1240Q of the Food Security is carried out through the various funds for the Chesapeake Bay Act, as added by the Food, natural resources conservation programs Watershed Initiative. Conservation, and Energy Act of 2008 authorized under subtitle D, Title XII of (Pub. L. 110–246) (2008 Act), the Food Security Act of 1985, 16 U.S.C. SUMMARY: The Commodity Credit established the Chesapeake Bay 3830–3839bb–5. The Chesapeake Bay Corporation (CCC) announces the Watershed Initiative and defined the Watershed Initiative assistance in FY availability of an additional $23 million Chesapeake Bay Watershed to mean all 2009 will be delivered through the of technical and financial assistance tributaries, backwaters, and side Environmental Quality Incentives funds in fiscal year (FY) 2009 through channels, including their watersheds, Program (EQIP). All EQIP requirements the Chesapeake Bay Watershed draining into the Chesapeake Bay. This and policies will apply (see 7 CFR Part Initiative to agricultural producers in area includes portions of the states of 1466). eligible states. These states are: Delaware, Maryland, New York, Delaware, Maryland, New York, Pennsylvania, Virginia, and West Individuals interested in applying for Pennsylvania, Virginia, and West Virginia. The NRCS administers the Chesapeake Bay Watershed Initiative Virginia. The Chesapeake Bay Chesapeake Bay Watershed Initiative assistance may contact their local USDA Watershed Initiative funds are available and carries out program implementation service center in the eligible Chesapeake to help producers implement natural using funds, facilities, or authorities of Bay Watershed Initiative states. For a resources conservation practices on CCC. The Initiative gives special, but listing of local service centers, consult: agricultural lands in the Chesapeake not exclusive, consideration to http://offices.sc.egov.usda.gov/locator/ Bay watershed. producers’ applications in the following app?agency=nrcs.
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Signed in Washington, DC on January 14, severely burned areas, for the purpose of contribute to extremely high fuel 2009. minimizing soil erosion and begin to loading over time. As these dead trees Arlen L. Lancaster, replace soil organic material; and (6) the fall and fuel accumulates, future fires Vice President, Commodity Credit reduction of safety hazards to the public will be even more severe. Treating the Corporation and Chief, Natural Resources and forest workers from falling trees. dead and dying tree component of the Conservation Service. DATES: Comments concerning the scope landscape is the first step in restoring [FR Doc. E9–1168 Filed 1–21–09; 8:45 am] of the analysis must be received by forest health, reducing long term fuel BILLING CODE 3410–16–P February 23, 2009. The draft loading, and restoring the historic fire environmental impact statement is regime, thereby reducing the impacts of expected August 2009, and the final fires on the future forest and DEPARTMENT OF AGRICULTURE environmental impact statement is contributing to the restoration of old Forest Service expected February 2010. forest habitats. Without treatment to ADDRESSES: Send written comments to: begin to restore the fire area, significant Sequoia National Forest; California; Sue Porter, Project Leader, Kern additional impacts to soil, water quality, Piute Fire Restoration RiverRanger District, P.O. Box 9, heritage resources, and wildlife habitat Kernville, CA 93238, and Attention: are likely over the short and long term. AGENCY: Forest Service, USDA. Piute FireRestoration. Comments may This environmental impact statement ACTION: Notice of intent to prepare an be sent via e-mail [email protected] or (EIS) will address: treating the dead and environmental impact statement. via facsimile to 760–376–3795. dying tree component of the landscape, SUMMARY: The project area for this Comments received in response to this reforesting burned conifer areas, and analysis is the approximately 32,890 solicitation, including the names and repairing roads to reduce sediment acre portion of the Piute Fire on addresses of those who comment, will delivery to streams. The process of National Forest System lands; be part of the public record on this completing these treatments would approximately 1,700 acres of the fire proposed action. Comments submitted reduce soil erosion by immediately restoration project area fall within the anonymously will be accepted and increasing effective ground cover (limbs, former Clear CreekProject area. The considered; however, anonymous twigs, and small boles) and maintain USDA Forest Service, Sequoia National comments will not provide the soil productivity for tree growth. respondent with standing to appeal the Forest will prepare an environmental Proposed Action impact statement (EIS) for a proposal to subsequent decision. treat approximately 2,260 acres of fire FOR FURTHER INFORMATION CONTACT: Sue The proposed action would remove killed and damaged trees, both through Porter, 760–376–3781, extension 650. dead and dying trees, using ground- removal and treating on site, in the Individuals who use telecommunication based logging methods, to recover the Piute Fire burned area; some of these devices for the deaf (TDD) may call the economic value of timber on about 510 treatment areas are within the former Federal Information Relay Service acres and treated on site to reduce Clear Creek Project area. The land (FIRS) at 1–800–877–8339 between 8 future fuel loading on an additional allocations within the fire area, as a.m. and 8 p.m. Eastern Time, Monday 1,750 acres. Trees posing a safety hazard identified in the Sierra Nevada Forest through Friday. to the public and forest workers would Plan SupplementalEIS, are old forest SUPPLEMENTARY INFORMATION: be removed along roads. Roads would emphasis, general forest, threat zone, Purpose and Need for Action be reconstructed and repaired to defense zone, protected activity centers facilitate access to treatment areas and for spotted owls, spotted owl home In June and July 2008, the Piute Fire to improve watershed condition. Slash range core areas, and riparian burned approximately 37,025 acres on would be treated to provide ground conservation areas adjacent to the Sequoia National Forest, Bureau of cover and reduce short term fuel perennial, seasonal, and ephemeral Land Management and private lands. loading. Conifer seedlings would be streams. The fire burned with varying intensity planted to begin reforestation of the fire There is a need in the Piute Fire area across a variety of plant area. Protection would be applied to for: (1) the recovery of the economic communities(chaparral, oak woodland, sensitive plant and wildlife species and value of timber killed or severely Jeffrey pine, mixed conifer, pinyon- heritage resources. injured by the fire, in a expeditious juniper, and desert shrub). manner, for the purposes of reducing Approximately 60% of the forested The proposed action is consistent the cost of reforestation activities and areas of the fire were burned such that with the 1988 Sequoia National Forest supplying wood fiber to local sawmills; 75–100% of the trees were killed and Land and Resource Management Plan, (2) the prevention of a future high the duff and litter that protected the soil as amended by the Sierra Nevada Forest intensity, stand-replacing wildfire by was completely consumed. In these PlanAmendment Record of Decision, reducing long term fuel loading for the areas, the fire resulted in the destruction and the 1990 Mediated Settlement purpose of facilitating future fire of wildlife habitat for sensitive species Agreement. management techniques (prescribed fire and the loss of old forest characteristics. Possible Alternatives and wildland fire use); (3) the Near the end of the fire, two localized, recruitment and retention of both short heavy rainstorm events occurred within Other alternatives will be developed and long term large down logs and snag the Piute Fire area. These events based on significant issues identified habitat, for the purpose of providing resulted in high rates of soil erosion in during the scoping process for the sufficient burned forest habitat for the fire area, sedimentation of streams, environmental impact statement. All dependent species; (4) the re-vegetation and debris flows that extended into the alternatives will need to respond to the of conifer stands and other plant and Kern River from Erskine Creek and specific condition of providing benefits animal habitats that were burned; (5) the ClearCreek and into the Walker Basin equal to or better than the current improvement of long term soil from Thompson Creek. condition. Alternatives being productivity, by repairing roads and The fire killed tens of thousands of considered at this time include: (1) No establishing effective ground cover in trees that, if left untreated, will Action, and (2) the Proposed Action.
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Responsible Official Type of Request: Revision of a years old or over are interviewed using Tina Terrell, Forest Supervisor, currently approved collection. regular proxy-respondent rules. They Burden Hours: 143,303. Sequoia National Forest, 1839 South are interviewed a total of thirteen times Number of Respondents: 94,500. (thirteen waves), at 4-month intervals, Newcomb Street, Porterville, CA 93257, Average Hours Per Response: 30 is the responsible official. As the making the SIPP a longitudinal survey. minutes. Sample people (all household members responsible official, she will document Needs and Uses: The U.S. Census the decision and reasons for the present at the time of the first interview) Bureau requests authorization from the who move within the country and decision in the Record of Decision. That Office of Management and Budget decision will be subject to Forest reasonably close to a SIPP primary (OMB) to conduct the Wave 3 interview sampling unit (PSU) will be followed Service appeal regulations (36 CFR Part for the 2008 Panel of the Survey of 215). and interviewed at their new address. Income and Program Participation Individuals 15 years old or over who Nature of Decision To Be Made (SIPP). The core SIPP and reinterview enter the household after Wave 1 will be instruments were previously cleared. interviewed; however, if these people The decision to be made is whether to The SIPP represents a source of move, they are not followed unless they adopt and implement the proposed information for a wide variety of topics happen to move along with a Wave 1 action, an alternative to the proposed and allows information for separate sample individual. action, or take no action to remove or topics to be integrated to form a single treat fire killed and damaged trees in the and unified database so that the The OMB has established an project area, to plant conifer seedlings, interaction between tax, transfer, and Interagency Advisory Committee to to undertake road improvements, or to other government and private policies provide guidance for the content and implement fuel treatments. can be examined. Government domestic procedures for the SIPP. Interagency Scoping Process policy formulators depend heavily upon subcommittees were set up to the SIPP information concerning the recommend specific areas of inquiries The notice of intent initiates the distribution of income received directly for supplemental questions. scoping process, which guides the as money or indirectly as in-kind The Census Bureau developed the development of the environmental benefits and the effect of tax and 2008 Panel Wave 3 topical modules impact statement. transfer programs on this distribution. through consultation with the SIPP It is important that reviewers provide They also need improved and expanded OMB Interagency Subcommittee. The their comments at such times and in data on the income and general questions for the topical modules such manner that they are useful to the economic and financial situation of the address major policy and program agency’s preparation of the U.S. population. The SIPP has provided concerns as stated by this subcommittee environmental impact statement. these kinds of data on a continuing basis and the SIPP Interagency Advisory Therefore, comments should be since 1983, permitting levels of Committee. provided prior to the close of the economic well-being and changes in Data provided by the SIPP are being comment period and should clearly these levels to be measured over time. articulate the reviewer’s concerns and The survey is molded around a used by economic policymakers, the contentions. The submission of timely central ‘‘core’’ of labor force and income Congress, state and local governments, and specific comments can affect a questions that remain fixed throughout and federal agencies that administer reviewer’s ability to participate in the life of a panel. The core is social welfare or transfer payment subsequent administrative appeal or supplemented with questions designed programs, such as the Department of judicial review. to answer specific needs, such as Health and Human Services and the Department of Agriculture. Dated: January 13, 2009. estimating eligibility for government Tina J. Terrell, programs, examining pension and Affected Public: Individuals or Forest Supervisor. health care coverage, and analyzing Households. [FR Doc. E9–1043 Filed 1–21–09; 8:45 am] individual net worth. These Frequency: Every 4 months. supplemental questions are included BILLING CODE 3410–11–M with the core and are referred to as Respondent’s Obligation: Voluntary. ‘‘topical modules.’’ Legal Authority: Title 13, United The topical modules for the 2008 States Code, Section 182. DEPARTMENT OF COMMERCE Panel Wave 3 are Welfare Reform and OMB Desk Officer: Brian Harris- Submission for OMB Review; Retirement and Pension. The Welfare Kojetin, (202) 395–7314. Comment Request Reform topical module was previously conducted in the SIPP 2004 Panel Wave Copies of the above information The Department of Commerce will 8 instrument. The Retirement and collection proposal can be obtained by submit to the Office of Management and Pension topical module was previously calling or writing Diana Hynek, Budget (OMB) for clearance the conducted in the SIPP 2004 Panel Wave Departmental Paperwork Clearance following proposal for collection of 7 instrument. Wave 3 interviews will be Officer, (202) 482–0266, Department of information under the provisions of the conducted from May 1, 2009 through Commerce, Room 6625, 14th and Paperwork Reduction Act (44 U.S.C. August 31, 2009. Constitution Avenue, NW., Washington, chapter 35). The SIPP is designed as a continuing DC 20230 (or via the Internet at AGENCY: U.S. Census Bureau. series of national panels of interviewed [email protected]). Title: 2008 Panel of the Survey of households that are introduced every Written comments and Income & Program Participation, Wave 3 few years, with each panel having recommendations for the proposed Topical Modules. durations of approximately 3 to 4 years. information collection should be sent OMB Control Number: 0607–0944. The 2008 Panel is scheduled for four within 30 days of publication of this Form Number(s): SIPP 28305(L) years and four months and includes notice to Brian Harris-Kojetin, OMB Director’s Letter; SIPP/CAPI Automated thirteen waves which began September Desk Officer either by fax (202–395– Instrument; SIPP 28003 Reminder Card. 1, 2008. All household members 15 7245) or e-mail ([email protected]).
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Dated: January 14, 2009. collections expiring April 30, 2009, are every 5 years from an EDA-funded Glenna Mickelson, combined in this notice for efficiency District or other planning organization; Management Analyst, Office of the Chief and economy purposes and are 40 hours for the annual updated CEDS Information Officer. proposed to be reinstated without performance report required of EDA- [FR Doc. E9–1124 Filed 1–21–09; 8:45 am] change: A. Comprehensive Economic funded District or other planning BILLING CODE 3510–07–P Development Strategy (OMB Control organizations; 40 hours per applicant for No. 0610–0093); B. Requirements for EDA Public Works or Economic Approved Construction Investments Adjustment Assistance with a project DEPARTMENT OF COMMERCE (OMB Control No.0610–0096); C. deemed by EDA to ‘merit further Request To Amend an Investment consideration’ that is not located in an Economic Development Administration Award and Project Service Maps (OMB EDA-funded District. Control No. 0610–0102); and D. Estimated Total Annual Burden Proposed Information Collection; Property Management (OMB Control Hours: 35,927. Comment Request; Omnibus Notice No. 0610–0103). Estimated Total Annual Cost: $0. for: Comprehensive Economic Development Strategy; Requirements A. Comprehensive Economic B. Requirements for Approved for Approved Construction Development Strategy (OMB Control Construction Investments (OMB Control Investments; Award Amendment No. 0610–0093) No. 0610–0096) Requests and Project Service Maps; I. Abstract I. Abstract and Property Management A Comprehensive Economic The Summary of EDA Construction AGENCY: Economic Development Development Strategy (CEDS) is Standards (commonly referred to as the Administration (EDA). required to qualify for EDA investment ‘‘bluebook’’) and the Standard Terms ACTION: Notice. assistance under its Public Works, and Conditions for Construction Economic Adjustment, and most Projects, as well as any special SUMMARY: The Department of planning programs, and is a prerequisite conditions incorporated into the terms Commerce, as part of its continuing for a region’s designation by EDA as an and conditions at the time of award, effort to reduce paperwork and Economic Development District (see 13 supplement the requirements that apply respondent burden, invites the general CFR 303, 305.2, and 307.2 of EDA’s to EDA-funded construction projects. public and other Federal agencies to regulations). This collection of The information collected is used to take this opportunity to comment on information is required to ensure that monitor recipients’ compliance with proposed and/or continuing information the recipient is complying with EDA’s EDA’s statutory and regulatory collections, as required by the CEDS requirements. requirements and specific terms and Paperwork Reduction Act of 1995, as conditions relating to individual amended. II. Method of Collection awards. EDA also uses the information requested to analyze and evaluate DATES: Written comments must be Paper report. Alternatively, EDA may program performance. submitted on or before March 23, 2009. approve an electronic submission. ADDRESSES: Direct all written comments III. Data II. Method of Collection to Diana Hynek, Departmental Paper report. For some documents, Paperwork Clearance Officer, Agency Form Number: None. Type of Review: Regular submission. EDA may approve electronic Department of Commerce, Room 7845, submissions. 14th Street and Constitution Avenue, Affected Public: EDA applicants for, NW., Washington, DC 20230 (or via the and recipients of, Public Works, III. Data Internet at [email protected]). Economic Adjustment, and planning Agency Form Number: None. assistance, to include (1) Cities or other FOR FURTHER INFORMATION CONTACT: Type of Review: Regular submission. political subdivisions of a state, Affected Public: Current recipients of Requests for additional information or including a special purpose unit of state copies of the information collection EDA construction (Public Works or or local government engaged in Economic Adjustment) assistance, to instrument and instructions should be economic or infrastructure development directed to Maureen Klovers, Program include (1) Cities or other political activities, or a consortium of political subdivisions of a state, including a Analyst, Office of Regional Affairs, subdivisions; (2) states; (3) institutions Room 7019, Economic Development special purpose unit of state or local of higher education or a consortia of government engaged in economic or Administration, Washington, DC 20230, institutions of higher education; (4) telephone (202) 482–2785, facsimile infrastructure development activities, or public or private non-profit a consortium of political subdivisions; (202) 482–2838 (or via the Internet at organizations or associations; (5) District [email protected]). (2) states; (3) institutions of higher Organizations; and (6) Indian Tribes or education or a consortium of SUPPLEMENTARY INFORMATION: The a consortia of Indian Tribes. institutions of higher education; (4) mission of the Economic Development Estimated Number of Annual public or private non-profit Administration (EDA) is to lead the Responses: 522 (14 initial CEDS, 74 organizations or associations; (5) District Federal economic agenda by promoting revised CEDS, 371 updated CEDS Organizations; and (6) Indian Tribes or innovation and competitiveness, performance reports, 62 CEDS for a consortia of Indian Tribes. preparing American regions for growth, applicants for EDA assistance not Estimated Number of Annual and success in the worldwide economy. located in EDA-funded planning Responses: 4,200 (600 open In order to effectively administer and district). construction grants x an average of 7 monitor its economic development Estimated Time Per Response: 480 responses/year). assistance programs, EDA collects hours for the initial CEDS for a District Estimated Time per Response: 2 certain information from applicants for, Organization or other planning hours. and recipients of, EDA investment organization funded by EDA; 160 hours Estimated Total Annual Burden assistance. Four separate information for the CEDS revision required at least Hours: 8,400.
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Estimated Total Annual Cost: $0. information allows EDA to determine or other forms of information whether an incidental use of property technology. C. Request To Amend an Investment acquired or improved with EDA Comments submitted in response to Award and Project Service Maps investment assistance is appropriate. If this notice will be summarized and/or (OMBControl No. 0610–0102) a recipient wishes for EDA to release its included in the request for OMB I. Abstract real property or tangible personal approval of this information collection; A recipient must submit a written property interests before the expiration they also will become a matter of public request to EDA to amend an investment of the property’s estimated useful life, record. award and provide such information the recipient must submit a written Dated: January 14, 2009. and documentation as EDA deems request to EDA and disclose to EDA the Gwellnar Banks, necessary to determine the merit of intended future use of the real property Management Analyst, Office of the Chief altering the terms of an award (see 13 or the tangible personal property for Information Officer. CFR 302.7(a) of EDA’s regulations). EDA which the release is requested (see 13 [FR Doc. E9–1129 Filed 1–21–09; 8:45 am] CFR 314.10 of EDA’s regulations). This may require a recipient to submit a BILLING CODE 3510–34–P project service map and information collection of information allows EDA to from which to determine whether determine whether to release its real services are provided to all segments of property or tangible personal property DEPARTMENT OF COMMERCE the region being assisted (see CFR interests. Foreign-Trade Zones Board 302.16(c) of EDA’s regulations). II. Method of Collection II. Method of Collection Paper Report. Alternatively, EDA may Correction: Adopted Proposal for Available Alternative Site-Designation Paper report. approve an electronic submission. and Management Framework III. Data III. Data The Federal Register notice published Agency Form Number: None. Agency Form Number: None. Type of Review: Ad hoc submission on January 12, 2009 (74 FR 1170–1173) Type of Review: Ad hoc submission describing the proposal adopted by the (on an as-needed basis). (only when a recipient makes a request). Affected Public: Current or past Foreign-Trade Zones Board for an Affected Public: Current recipients of Alternative Site-Designation and EDA assistance, to include (1) Cities or recipients of EDA construction (Public Works or Economic Adjustment) Management Framework is corrected as other political subdivisions of a state, follows. For the element numbered as including a special purpose unit of state assistance, to include (1) Cities or other political subdivisions of a state, ‘‘9’’ in the description of the final or local government engaged in proposal (regarding ‘‘sunset’’ limits on economic or infrastructure development including a special purpose unit of state or local government engaged in magnet and usage-driven sites), the activities, or a consortium of political third sentence of the paragraph should subdivisions; (2) states; (3) institutions economic or infrastructure development activities, or a consortium of political read as follows: ‘‘However, each grantee of higher education or a consortia of would have the option of proposing institutions of higher education; (4) subdivisions; (2) states; (3) institutions of higher education or a consortium of permanent FTZ designation for one public or private non-profit magnet site and the FTZ Board could organizations or associations; (5) District institutions of higher education; (4) public or private non-profit take a range of factors into account in Organizations; (6) Indian Tribes or a determining the appropriate sunset consortia of Indian Tribes; and (7) (for organizations or associations; (5) District Organizations; and (6) Indian Tribes or period for a given site (e.g., nature of the training, research, and technical site, public ownership of the site).’’ assistance awards only) individuals and a consortia of Indian Tribes. Estimated Number of Annual for-profit businesses. Dated: January 14, 2009. Responses: 54 incidental use requests; Estimated Number of Annual Andrew McGilvray, 96 for requests to release EDA’s property Responses: 600 requests for Executive Secretary. interest. amendments to construction awards, 30 [FR Doc. E9–1113 Filed 1–21–09; 8:45 am] Estimated Time Per Response: 45 requests for amendments to non- BILLING CODE 3510–DS–P minutes. construction awards, 2 project service Estimated Total Annual Burden maps. Hours: 113. DEPARTMENT OF COMMERCE Estimated Time Per Response: 2 hours Estimated Total Annual Cost: $0. per request for an amendment to a construction award, 1 hour per request IV. Request for Comments International Trade Administration for an amendment to a non-construction Comments are invited on: (a) Whether [A–570–601] award, 6 hours for a project service map. the proposed collection of information Tapered Roller Bearings and Parts Estimated Total Annual Burden is necessary for the proper performance Thereof, Finished and Unfinished, Hours: 1,242. of the functions of the agency, including From the People’s Republic of China: Estimated Total Annual Cost: $0. whether the information shall have Final Results of Antidumping Duty practical utility; (b) the accuracy of the D. Property Management (OMB Control Administrative Review No. 0610–0103) agency’s estimate of the burden (including hours and cost) of the AGENCY: Import Administration, I. Abstract proposed collection of information; (c) International Trade Administration, A recipient must request, in writing, ways to enhance the quality, utility, and Department of Commerce. EDA’s approval to undertake an clarity of the information to be SUMMARY: On July 17, 2008, the incidental use of property acquired or collected; and (d) ways to minimize the Department of Commerce improved with EDA investment burden of the collection of information (‘‘Department’’) published its assistance (see 13 CFR 314.3 of EDA’s on respondents, including through the preliminary results in the antidumping regulations). This collection of use of automated collection techniques duty administrative review of tapered
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roller bearings (‘‘TRBs’’) from the Countervailing Duty Operations, to Finished and Unfinished from the People’s Republic of China (‘‘PRC’’). Ronald K. Lorentzen, Acting Assistant People’s Republic of China,’’ dated The period of review (‘‘POR’’) for the Secretary for Import Administration, January 13, 2009 (‘‘Analysis administrative review is June 1, 2006, ‘‘Tapered Roller Bearings from the Memorandum’’)). through May 31, 2007. In the People’s Republic of China: Issues and • We have granted byproduct offsets administrative review, we have Decision Memorandum for the Final for CPZ’s sales of steel scrap (See determined that Peer Bearing Company Results of the 2006–2007 Comment 2 and Analysis Changshan (‘‘respondent’’ or ‘‘CPZ’’) Administrative Review,’’ dated January Memorandum). made sales in the United States at prices 13, 2009, which is hereby adopted by • We are no longer using CPZ’s below normal value. We invited this notice (‘‘Issues and Decision reported control number to match interested parties to comment on our Memorandum’’). A list of the issues U.S. sales to factors of production preliminary results in these reviews. which parties raised and to which we data. Instead we are using CPZ’s Based on our analysis of the comments respond in the Issues and Decision reported product code (See we received in the administrative Memorandum is attached to this notice Comment 3 and Analysis review, we made certain changes to our as an Appendix. The Issues and Memorandum). • calculations for all mandatory Decision Memorandum is a public We have revised the surrogate value respondents. The final dumping document and is on file in the Central for roller steel scrap and cage steel margins for this review are listed in the Records Unit (‘‘CRU’’), Main Commerce scrap (See Comment 5 and the ‘‘Final Results Margins’’ section below. Building, Room 1117, and is accessible memorandum titled ‘‘Factors Valuations for the Final Results of EFFECTIVE DATE: January 22, 2009. on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version the Administrative Review, Tapered FOR FURTHER INFORMATION CONTACT: Roller Bearings and Parts Thereof, Demitri Kalogeropoulos or Brendan of the memorandum are identical in content. Finished and Unfinished (‘‘TRBs’’) Quinn, AD/CVD Operations, Office 8, from the People’s Republic of China Import Administration, International Period of Review (‘‘PRC’’)’’ dated January 13, 2009 Trade Administration, U.S. Department The POR is June 1, 2006, through May (‘‘FOP Memorandum’’). of Commerce, 14th Street and 31, 2007. • We have revised the international Constitution Avenue, NW, Washington, freight surrogate value to reflect Scope of the Order DC 20230; telephone: (202) 482–2623 CPZ’s shipping terms (See and (202) 482–5848, respectively. Imports covered by this order are Comment 8 and FOP SUPPLEMENTARY INFORMATION: shipments of tapered roller bearings and Memorandum). parts thereof, finished and unfinished, • Background We have revised the unit weight for from the PRC; flange, take up cartridge, one of CPZ’s models (See Comment The Department published its and hanger units incorporating tapered 9 and Analysis Memorandum). preliminary results on July 17, 2008. See roller bearings; and tapered roller • We have revised our calculation of Tapered Roller Bearings and Parts housings (except pillow blocks) inland freight for CPZ’s Thereof, Finished and Unfinished, from incorporating tapered rollers, with or subcontractors (See Comment 10 the People’s Republic of China: without spindles, whether or not for and Analysis Memorandum). Preliminary Results of Antidumping automotive use. These products are The PRC–wide rate has also changed Duty Administrative Review, 73 FR currently classifiable under Harmonized for the final results, from 60.95 percent 41033 (July 17, 2008) (‘‘Preliminary Tariff Schedule of the United States to 92.84 percent. This rate represents Results’’). (‘‘HTSUS’’) item numbers 8482.20.00, the calculated rate for CPZ in these final We received comments from the 8482.91.00.50, 8482.99.15, 8482.99.45, results and is the highest calculated rate Timken Company (‘‘Petitioner’’) and 8483.20.40, 8483.20.80, 8483.30.80, determined in the instant or any CPZ. Interested parties submitted case 8483.90.20, 8483.90.30, 8483.90.80, previous segment of this proceeding. We and rebuttal briefs on August 26, 2008, 8708.99.80.15 and 8708.99.80.80. will apply the new PRC–wide rate of and September 5, 2008, respectively. On Although the HTSUS item numbers are 92.84 percent to the PRC–wide entity November 21, 2008, the Department provided for convenience and customs (including Yantai Timken Company extended the deadline for the final purposes, the written description of the Limited (‘‘Yantai Timken’’)) for the final results of review to January 13, 2009. scope of the order is dispositive. results. See ‘‘Use of Facts Otherwise See Tapered Roller Bearings and Parts Available’’ and ‘‘Selection of the PRC– Thereof, Finished and Unfinished, from Changes Since the Preliminary Results Wide Rate’’ sections below. the People’s Republic of China; Based on an analysis of the comments Corroboration of the new PRC–wide rate Extension of Time Limit for Final received, the Department has made is not required because this rate is based Results of the 2006–2007 Administrative certain changes in the margin on, and calculated from, information Review, 73 FR 70619 (November 21, calculations. For the final results, the submitted by CPZ in the course of this 2008). We invited parties to comment Department has made the following administrative review, i.e., it is not on the Preliminary Results. On changes: secondary information. See 19 CFR December 9, 2008, the Department held • We have treated CPZ’s sale to the 351.308(c) and (d) and section 776(c) of a hearing with interested parties importer as the relevant sale for the Tariff Act of 1930, as amended (‘‘the regarding issues raised in case and calculating dumping margins, and Act’’). rebuttal briefs. have calculated the margins on an export price basis (See Comment 1 Use of Facts Otherwise Available Analysis of Comments Received and the memorandum titled ‘‘Peer In the Preliminary Results, the All issues raised in the case and Bearing Company Changshan, CPZ Department found that Yantai Timken rebuttal briefs by parties in this review Final Results of Administrative did not demonstrate its entitlement to a are addressed in the memorandum from Review: Program Analysis separate rate, and thus is deemed to be Stephen J. Claeys, Deputy Assistant Memorandum, Tapered Roller part of the PRC–wide entity. See Secretary for Antidumping and Bearings and Parts Thereof, Preliminary Results at 73 FR 41035. As
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the Department found that the PRC– TRBS FROM THE PRC exporters listed above, the cash deposit wide entity, which includes Yantai rate will be the rates shown for those Timken, failed to cooperate to the best Producer/Exporter Weighted–Average companies; 2) for previously of its ability in responding to the Margin (Percent) investigated or reviewed PRC and non– Department’s requests for information Peer Bearing Company PRC exporters not listed above that have and thereby impeded the Department’s Changshan (CPZ) ..... 92.84 separate rates, the cash deposit rate will proceeding, the Department assigned PRC–wide entity* ...... 92.84 continue to be the exporter–specific rate the PRC–wide entity a rate based on *including Yantai Timken. published for the most recent period; 3) adverse facts available (‘‘AFA’’) for all PRC exporters of subject pursuant to sections 776(a)(2)(A), (B), Assessment Rates merchandise which have not been and (C) and section 776(b) of the Act. The Department will determine, and found to be entitled to a separate rate, See Id. The Department did not receive U.S. Customs and Border Protection the cash deposit rate will be the PRC– any comments regarding its preliminary (‘‘CBP’’) shall assess, antidumping wide rate of 92.84 percent; and 4) for all application of AFA to the PRC–wide duties on all appropriate entries of non–PRC exporters of subject entity. Therefore, for these final results, subject merchandise in accordance with merchandise which have not received the Department has not altered its the final results of this review. For their own rate, the cash deposit rate will analysis or its decision to apply total assessment purposes, we calculated be the rate applicable to the PRC AFA to the PRC–wide entity. exporter/importer- (or customer) exporters that supplied that non–PRC -specific assessment rates for exporter. These deposit requirements Selection of the PRC–Wide Rate merchandise subject to this review. shall remain in effect until further Where appropriate, we calculated an ad notice. In deciding which facts to use as valorem rate for each importer (or AFA, section 776(b) of the Act and 19 customer) by dividing the total dumping Notification of Interested Parties CFR 351.308(c)(1) authorize the margins for reviewed sales to that party Department to rely on information by the total entered values associated This notice also serves as a final derived from: (1) the petition; (2) the with those transactions. For duty– reminder to importers of their final determination; (3) a previous assessment rates calculated on this responsibility under 19 CFR administrative review; or (4) other basis, we will direct CBP to assess the 351.402(f)(2) to file a certificate information placed on the record. In resulting ad valorem rate against the regarding the reimbursement of selecting a rate for AFA, the Department entered customs values for the subject antidumping duties prior to liquidation selects a rate that is sufficiently adverse merchandise. Where appropriate, we of the relevant entries during this to ensure that the uncooperative party calculated a per–unit rate for each review period. Failure to comply with does not obtain a more favorable result importer (or customer) by dividing the this requirement could result in the by failing to cooperate than if it had total dumping margins for reviewed Secretary’s presumption that fully cooperated. See the Statement of sales to that party by the total sales reimbursement of the antidumping Administrative Action accompanying quantity associated with those duties occurred and the subsequent the Uruguay Round Agreements Act transactions. For duty–assessment rates assessment of double antidumping (‘‘URAA’’), H.R. Rep. No. 103–316 at calculated on this basis, we will direct duties. CBP to assess the resulting per–unit rate 870 (1994), at 870. For this review, we This notice also serves as a reminder have used the highest rate on the record against the entered quantity of the subject merchandise. Where an to parties subject to administrative of any segment of the proceeding, i.e., protective orders (‘‘APOs’’) of their the final calculated rate for CPZ in this importer- (or customer) -specific assessment rate is de minimis (i.e., less responsibility concerning the return or administrative review. See, e.g., Honey than 0.50 percent), the Department will destruction of proprietary information from the People’s Republic of China: instruct CBP to assess that importer (or disclosed under the APO in accordance Final Results and Final Rescission, In customer’s) entries of subject with 19 CFR 351.305(a)(3), which Part, of Antidumping Duty merchandise without regard to continues to govern business Administrative Review, 72 FR 37715 antidumping duties. We intend to proprietary information in this segment (July 11, 2007). Section 776(c) of the Act instruct CBP to liquidate entries of the proceeding. Timely written requires that, when the Department containing subject merchandise notification of the return/destruction of relies on secondary information rather exported by the PRC–wide entity at the APO materials or conversion to judicial than on information obtained in the PRC–wide rate we determine in the final protective order is hereby requested. course of a review as facts available, it results of this review. The Department Failure to comply with the regulations must, to the extent practicable, intends to issue appropriate assessment and terms of an APO is a violation corroborate that information from instructions directly to CBP 15 days which is subject to sanction. independent sources reasonably at its after publication of the final results of disposal. As we did not rely upon this review. Disclosure secondary information, no corroboration Cash Deposit Requirements We will disclose the calculations was required under section 776(c) of the performed within five days of the date Act. See 19 CFR 351.308(d) and section The following cash deposit of publication of this notice to parties in 776(c) of the Act. requirements will be effective upon publication of these final results of this this proceeding in accordance with 19 Final Results Margins administrative review for all shipments CFR 351.224(b). of the subject merchandise entered, or We are issuing and publishing these We determine that the following withdrawn from warehouse, for final results and notice in accordance weighted–average percentage margins consumption on or after the publication with sections 751(a)(1) and 777(i)(1) of exist for the POR: date, as provided for by section the Act. 751(a)(2)(C) of the Act: 1) for the
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Dated: January 13, 2009. adoption of GUVD 04 as the official DEPARTMENT OF COMMERCE Ronald K. Lorentzen, civilian vertical datum for Guam should Acting Assistant Secretary for Import do so by February 23, 2009. National Oceanic and Atmospheric Administration. Administration ADDRESSES: Written comments should Appendix I be sent to the attention of David Doyle, Affirmation of Vertical Datum for Comment 1: Treatment of CPZ’s U.S. Chief Geodetic Surveyor, Office of the Surveying and Mapping Activities for Sales National Geodetic Survey, National the Islands of Rota, Saipan and Tinian Comment 2: Treatment of By–Product Ocean Service (N/NGS2), 1315 East- of the Commonwealth of the Northern Offsets West Highway, #8815, Silver Spring, Mariana Islands (CNMI) Comment 3: Calculation of Normal Maryland 20910, fax 301–713–4324, or AGENCY: National Geodetic Survey Value Based on Control Number versus via e-mail [email protected]. (NGS), National Ocean Service (NOS), Model Number National Oceanic and Atmospheric Comment 4: Treatment of Forging FOR FURTHER INFORMATION CONTACT: Administration. Subcontractor’s Factors of Production Requests for additional information Comment 5: Surrogate Value for Steel should be directed to David Doyle, Chief ACTION: Notice. Scrap Geodetic Surveyor, National Geodetic SUMMARY: This Notice announces a Comment 6: Surrogate Value for Wire Survey (N/NGS2), 1315 East-West decision by the Federal Geographic Data Rod Highway, Silver Spring, MD 20910; Committee’s Federal Geodetic Control Comment 7: Surrogate Value for Steel Phone: (301) 713–3178. Subcommittee, in accordance with the Bar Office of Management and Budget, Comment 8: Surrogate Value for SUPPLEMENTARY INFORMATION: The Circular A–16 (http://www.whitehouse. International Freight National Ocean Service (NOS), National gov/omb/circulars/a016/a016.html), to Comment 9: Calculation of Factors of Geodetic Survey (NGS), has completed affirm the Northern Marianas Vertical Production for a Particular Model the definition and implementation of Datum of 2003 (NMVD 03) as the official Comment 10: Treatment of Inland GUVD 04. GUVD 04 supersedes all Freight for Subcontractors civilian vertical datum for surveying previously published height systems and mapping activities for the islands of Comment 11: Treatment of Negative determined by all Federal surveying and Dumping Margins (‘‘Zeroing’’) Rota, Saipan and Tinian of the mapping agencies, with the exception of Commonwealth of the Northern [FR Doc. E9–1219 Filed 1–21–09; 8:45 am] those specifically related to tidal datums Marianas, and to the extent practicable, BILLING CODE 3510–DS–S and/or military applications. GUVD 04 legally allowable and feasible, require heights are the result of a mathematical that all Federal agencies, with the least squares general adjustment of the DEPARTMENT OF COMMERCE exception of those with specific military vertical control portion of the National related applications, using or producing National Oceanic and Atmospheric Spatial Reference System (NSRS) and vertical height information undertake an Administration are derived from approximately 132 km orderly transition to NMVD 03. of 1st-Order, Class II geodetic leveling DATES: Individuals or organizations Affirmation of Vertical Datum for observations undertaken specifically for wishing to submit comments on the Surveying and Mapping Activities for this project. The basis for all GUVD 04 adoption of NMVD 03 as the official Guam heights is Mean Sea Level, for the civilian vertical datum for the Northern Marianas, should do so by February 23, AGENCY: National Geodetic Survey National Tidal Datum Epoch 1983– (NGS), National Ocean Service (NOS), 2001, as determined by the NOS Center 2009. National Oceanic and Atmospheric for Operational Oceanographic Products ADDRESSES: Written comments should Administration. and Services (CO–OPS), and published be sent to the attention of David Doyle, Chief Geodetic Surveyor, Office of the ACTION: Notice. for the National Water Levels Observation Network (NWLON) bench National Geodetic Survey, National SUMMARY: This Notice announces a mark number 163 0000 TIDAL 4 (2.170 Ocean Service (N/NGS2), 1315 East- decision by the Federal Geographic Data meters), located in Apra Harbor. West Highway, #8815, Silver Spring, Committee’s Federal Geodetic Control Maryland 20910, fax 301–713–4324, or GUVD 04 height information for Subcommittee, in accordance with the via e-mail [email protected]. individual geodetic control monuments Office of Management and Budget, FOR FURTHER INFORMATION CONTACT: is available in digital form, from the Circular A–16 (http://www.whitehouse. Requests for additional information gov/omb/circulars/a016/a016.html), to NGS Web site: http://www.ngs.noaa. should be directed to David Doyle, Chief affirm the Guam Vertical Datum of 2004 gov/cgi-bin/datasheet.prl. Geodetic Surveyor, National Geodetic (GUVD 04) as the official civilian Dated: December 30, 2008. Survey (N/NGS2), 1315 East-West vertical datum for surveying and David B. Zilkoski, Highway, #8815, Silver Spring, MD mapping activities for the island of Director, National Geodetic Survey, National 20910; Phone: (301) 713–3178. Guam performed or financed by the Ocean Service, National Oceanic and SUPPLEMENTARY INFORMATION: The Federal Government, and to the extent Atmospheric Administration. National Ocean Service (NOS), National practicable, legally allowable and [FR Doc. E9–1182 Filed 1–21–09; 8:45 am] Geodetic Survey (NGS), has completed feasible, require that all Federal BILLING CODE 3510–JE–P the definition and implementation of agencies, with the exception of those NMVD 03. NMVD 03 supersedes all with specific military related previously published height systems applications, using or producing vertical determined by other Federal surveying height information undertake an orderly and mapping agencies on Rota, Saipan transition to GUVD 04. and Tinian, with the exception of those DATES: Individuals or organizations specifically related to tidal datums and/ wishing to submit comments on the or military applications. NMVD 03
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heights are the result of a mathematical adoption of ASVD 02 as the official DEPARTMENT OF COMMERCE least squares general adjustment of the civilian vertical datum for Tutuila, vertical control portion of the National American Samoa, should do so by National Oceanic and Atmospheric Spatial Reference System (NSRS) and February 23, 2009. Administration are derived from approximately 105 km RIN 0648–XM72 of 1st-Oder, Class II geodetic leveling ADDRESSES: Written comments should observations (15 km on Rota, 60 km on be sent to the attention of David Doyle, Endangered and Threatened Species; Saipan and 15 km on Tinian) Chief Geodetic Surveyor, Office of the Take of Anadromous Fish undertaken specifically for this project. National Geodetic Survey, National The basis for all NMVD 03 heights is Ocean Service (N/NGS2), 1315 East- AGENCY: National Marine Fisheries Mean Sea Level, for the epoch 1983– West Highway, Silver Spring, Maryland, Service (NMFS), National Oceanic and 2001, as determined by the NOS Center 20910, fax 301–713–4324, or via e-mail Atmospheric Administration (NOAA), for Operational Oceanographic Products [email protected]. Commerce. and Services (CO–OPS), and published ACTION: Issuance of a scientific research FOR FURTHER INFORMATION CONTACT: for the National Water Levels permit. Requests for additional information Observation Network (NWLON) bench should be directed to David Doyle, Chief SUMMARY: Notice is hereby given that mark number 163 3227 UH–2C (1.657 Geodetic Surveyor, National Geodetic NMFS has issued Permits 10093 and meters), located in Tanapag Harbor. 10094 to the California Department of NMVD 03 height information for Survey (N/NGS2), 1315 East-West Highway, Silver Spring, MD, 20910; Fish and Game (CDFG), Region 1 and individual geodetic control monuments Region 3; respectively. is available in digital form, from the Phone: (301) 713–3178. ADDRESSES: The application, permit, NGS Web site: http://www.ngs.noaa. SUPPLEMENTARY INFORMATION: The and related documents are available for gov/cgi-bin/datasheet.prl. National Ocean Service (NOS), National review by appointment at: Protected Dated: December 30, 2008. Geodetic Survey (NGS), has completed Resources Division, NMFS, 777 Sonoma David B. Zilkoski, the definition and implementation of Avenue, Room 315, Santa Rosa, CA Director, National Geodetic Survey, National ASVD 02. ASVD 02 supersedes all 95404 (ph: 707–575–6097, fax: 707– Ocean Service, National Oceanic and previously published height systems 578–3435, e-mail at: Atmospheric Administration. determined by all Federal surveying and [email protected]). [FR Doc. E9–1180 Filed 1–21–09; 8:45 am] mapping agencies, with the exception of FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–JE–P those specifically related to tidal datums Jeffrey Jahn at 707–575–6097, or e-mail: and/or military applications for Tutuila. [email protected]. At this time, ASVD 02 does not apply SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE to any of the other islands of American Authority National Oceanic and Atmospheric Samoa. ASVD 02 heights are the result Administration of a mathematical least squares general The issuance of permits and permit adjustment of the vertical control modifications, as required by the Affirmation of Vertical Datum for portion of the National Spatial Endangered Species Act of 1973 (16 Surveying and Mapping Activities for Reference System (NSRS) and includes U.S.C. 1531–1543) (ESA), is based on a the island of Tutuila, American Samoa 54 km of 1st-Order, Class II geodetic finding that such permits/modifications: leveling observations undertaken (1) are applied for in good faith; (2) AGENCY: National Geodetic Survey would not operate to the disadvantage specifically for this project. The basis (NGS), National Ocean Service (NOS), of the listed species which are the for all ASVD 02 heights is Mean Sea National Oceanic and Atmospheric subject of the permits; and (3) are Administration. Level, for the epoch 1983–2001, as consistent with the purposes and ACTION: Notice. determined by the NOS Center for policies set forth in section 2 of the Operational Oceanographic Products ESA. Authority to take listed species is SUMMARY: This Notice announces a and Services (CO–OPS), and published subject to conditions set forth in the decision by the Federal Geographic Data for the National Water Levels permits. Permits and modifications are Committee’s Federal Geodetic Control Observation Network (NWLON) bench issued in accordance with and are Subcommittee, in accordance with the mark number177 0000 S (1.364 meters), subject to the ESA and NMFS Office of Management and Budget, located in Pago Pago. regulations (50 CFR parts 222–226) Circular A–16 (http://www.whitehouse. ASVD 02 height information for governing listed fish and wildlife gov/omb/circulars/a016/a016.html) to permits. affirm the American Samoa Vertical individual geodetic control monuments Datum of 2002 (ASVD 02) as the official is available in digital form, from the Species Covered in This Notice civilian vertical datum for surveying NGS Web site: http://www.ngs.noaa. This notice is relevant to federally and mapping activities for the island of gov/cgi-bin/datasheet.prl. threatened Southern Oregon/Northern Tutuila, American Samoa performed or Dated: December 30, 2008. California Coast (SONCC) coho salmon financed by the Federal Government David B. Zilkoski, (Oncorhynchus kisutch), endangered and to the extent practicable, legally Director, National Geodetic Survey, National Central California Coast (CCC) coho allowable and feasible, require that all Ocean Service, National Oceanic and salmon, threatened California Coastal Federal agencies, with the exception of Atmospheric Administration. (CC) Chinook salmon (O. tshawytscha), those with specific military related [FR Doc. E9–1181 Filed 1–21–09; 8:45 am] threatened Northern California (NC) applications, using or producing vertical steelhead (O. mykiss), threatened CCC BILLING CODE 3510–JE–P height information undertake an orderly steelhead, threatened South-Central transition to ASVD 02. California Coast (S-CCC) steelhead, and DATES: Individuals or organizations endangered Southern California (SC) wishing to submit comments on the steelhead.
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Permit Issued listed salmonids. Permits 10093 and FOR FURTHER INFORMATION CONTACT: Jeff 10094 expire on December 31, 2013. Hartman, 907–586–7442 or A notice of the receipt of an [email protected]. application for a scientific research Dated: January 14, 2009. permit (10093 and 10094) was Angela Somma, SUPPLEMENTARY INFORMATION: NMFS published in the Federal Register on Chief, Endangered Species Division, Office manages the domestic groundfish January 16, 2008 (73 FR 2900). Permits of Protected Resources, National Marine fisheries in the Bering Sea and Aleutian 10093 and 10094 were issued to CDFG Fisheries Service. Islands (BSAI) under the Fishery Region 1 and Region 3 on September 23, [FR Doc. E9–1121 Filed 1–21–09; 8:45 am] Management Plan for Groundfish of the 2008. BILLING CODE 3510–22–S BSAI (FMP), which the Council Permits 10093 and 10094 authorizes prepared under the Magnuson–Stevens CDFG Region 1 and Region 3; Fishery Conservation and Management DEPARTMENT OF COMMERCE respectively, intentional non-lethal take, Act. Regulations governing the and unintentional lethal take of the groundfish fisheries of the BSAI appear National Oceanic and Atmospheric at 50 CFR parts 600 and 679. The FMP following ESA-listed salmonids: Administration juvenile SONCC coho salmon, CCC coho and the implementing regulations at salmon, CC Chinook salmon, NC § 600.745(b) and § 679.6 allow the RIN 0648–XM62 steelhead, CCC steelhead, S-CCC NMFS Regional Administrator to authorize, for limited experimental steelhead, and SC steelhead; adult CCC Fisheries of the Exclusive Economic coho salmon, CC Chinook salmon, NC purposes, fishing that would otherwise Zone off Alaska; Application for an be prohibited. Procedures for issuing steelhead, CCC steelhead, and S-CCC Exempted Fishing Permit steelhead; and adult carcasses of EFPs are contained in the implementing SONCC coho salmon, CCC coho salmon, AGENCY: National Marine Fisheries regulations. The International Pacific Halibut CC Chinook salmon, NC steelhead, CCC Service (NMFS), National Oceanic and Commission (IPHC) and NMFS manage steelhead, and S-CCC steelhead. The Atmospheric Administration (NOAA), fishing for Pacific halibut (Hippoglossus take activities associated with juvenile Commerce. stenolepis) through regulations and adult ESA-listed salmonid studies ACTION: Notice; receipt of application for established under the authority of the include; capture (backpack exempted fishing permit. Convention between the United States electrofishing, beach seine, rotary screw and Canada for the Preservation of the trap, fish ladder trap, resistance board SUMMARY: This notice announces receipt Halibut Fishery of the Northern Pacific weir, flume-type-raceway/finger-weir- of an exempted fishing permit (EFP) Ocean and Bering Sea (Convention) and trap, hook and line and funnel/fyke application from the North Pacific the Northern Pacific Halibut Act of 1982 trap), anesthetizing (optional), handling Fisheries Foundation. If granted, this (Halibut Act). The IPHC promulgates (identify, measure, and weigh), tissue permit would allow the applicant to regulations pursuant to the Convention. sampling (fin-clip), scale sampling, collect approximately 100 Pacific The IPHC’s regulations are subject to marking (fin-clips and/or opercular- halibut caught in the non–pelagic trawl approval by the Secretary of State with hole-punch), tagging (PIT and/or Floy gear fishery for flatfish to evaluate the concurrence from the Secretary of tags) and release of fish. Take activities accuracy of two models for predicting Commerce (Secretary). associated with adult ESA-listed delayed mortality of individual trawl NMFS has received an application for salmonid carcass studies include; caught halibut. This activity has the an EFP from the North Pacific Fisheries handling (identify, measure, and count), potential to promote the objectives of Foundation (NPFF). Under this EFP, the marking (opercular-hole-punch and/or the Magnuson–Stevens Fishery NPFF would evaluate methods for cut-in-half), tagging (hog-ring), retaining Conservation and Management Act, and projecting survival of released halibut, (head; adipose clipped fish), scale the Pacific Halibut Act by assessing which could improve NMFS’s estimates sampling, tissue sampling (fin-clip), and techniques for improving survival of of halibut mortality in the non–pelagic release of fish. halibut in non–pelagic trawl fisheries and improving the accuracy of estimates trawl gear fishery for flatfish and Permits 10093 and 10094 authorizes identify techniques for minimizing unintentional lethal take of juvenile of halibut mortality. Comments will be accepted at the February 4–10, 2009, mortality of this species in trawl SONCC coho salmon, CCC coho salmon, fisheries. CC Chinook salmon, NC steelhead, CCC North Pacific Fishery Management steelhead, S-CCC steelhead, and SC Council (Council) meeting in Seattle, Background WA. steelhead not to exceed 2.5 percent of Regulations implemented by the IPHC fish captured. Permits 10093 and 10094 DATES: Interested persons may comment allow Pacific halibut to be commercially authorizes unintentional lethal take of on the EFP application during the harvested by the directed North Pacific adult CCC coho salmon, CC Chinook Council’s February 4–10, 2009, meeting longline fishery only. Halibut caught salmon, NC steelhead, CCC steelhead, in Seattle, WA. incidentally in other fisheries, such as and S-CCC steelhead not to exceed 2 ADDRESSES: The Council meeting will be non–pelagic trawl fisheries, must be percent of fish captured. held at the Renaissance Hotel, 515 recorded and returned to the ocean as Permits 10093 and 10094 are for Madison Street, Seattle, WA. soon as possible. The North Pacific research to be conducted in streams and Copies of the EFP application and the Fishery Management Council estuaries throughout the State of basis for a categorical exclusion under establishes a seasonal maximum California. The purpose of the research the National Environmental Policy Act biomass of halibut bycatch adjusted for is to support conservation and recovery are available by writing to the Alaska the estimated halibut discard mortality planning of ESA-listed salmonids, Region, NMFS, P. O. Box 21668, Juneau, factor for each non–halibut directed address information needs identified by AK 99802, Attn: Ellen Sebastian. The fishery. Fisheries close when they reach CDFG Region 1 and Region 3, and application also is available from the their seasonal mortality cap even if the contribute to the general body of Alaska Region, NMFS website at http:// catch of the target species is less than scientific knowledge pertaining to ESA- www.fakr.noaa.gov. the seasonal quota for the directed
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fishery. In the case of Bering Sea flatfish this vessel, or the amount or species of ADDRESSES: Persons wishing to fisheries, seasons have been cut short by fish caught. comment on this Settlement Agreement the halibut bycatch cap before the The activities that would be should send written comments to the quotas have been reached. Accurately conducted under this EFP are not Comment 09–C0003, Office of the accounting for halibut in NMFS expected to have a significant impact on Secretary, Consumer Product Safety estimates of mortality and assuring that the human environment as detailed in Commission, 4330 East West Highway, each halibut returned to the sea has the the categorical exclusion issued for this Room 502, Bethesda, Maryland 20814– highest possible chance of survival are action (see ADDRESSES). 4408. therefore high priorities for the IPHC’s, In accordance with § 679.6, NMFS has FOR FURTHER INFORMATION CONTACT: the Council’s, and NMFS’s management determined that the proposal warrants Belinda V. Bell, Trial Attorney, Division goals for both halibut and groundfish. further consideration and has forwarded of Compliance, Office of the General Before halibut are discarded at–sea, the application to the Council to initiate Counsel, Consumer Product Safety the catch must first be estimated by at– consultation. The Council will consider Commission, 4330 East West Highway, sea observers. In order to credibly the EFP application during its February Bethesda, Maryland 20814–4408; account for halibut catch and to ensure 4–10, 2009, meeting, which will be held telephone (301) 504–7592. that the catch and discard of halibut is at the Renaissance Hotel in Seattle, SUPPLEMENTARY INFORMATION: The text of observed, NMFS prohibits any removal Washington. The applicant has been the Agreement and Order appears of halibut from a cod end, bin, or invited to appear in support of the below. conveyance system prior to being application. observed and enumerated by an at–sea Dated: January 9, 2009. observer. Public Comments Todd A. Stevenson, With the implementation of Interested persons may comment on Secretary. Amendment 80 to the FMP on the application at the February 2009 United States of America September 14, 2007 (72 FR 52668), Council meeting during public Consumer Product Safety Commission allocation of halibut was modified for testimony. Information regarding the In the Matter of Lasko Products Inc., certain vessels, but halibut bycatch meeting is available at the Council’s a corporation continued to limit fishing in some website at http://www.fakr.noaa.gov/ [CPSC Docket No. 09–C0003] fisheries. The Amendment 80 sector npfmc/council.htm. Copies of the received an initial allocation of 2,525 mt application and categorical exclusion Settlement Agreement of halibut bycatch mortality, but that are available for review from NMFS (see 1. This Settlement Agreement allocation will decrease by 50 mt per ADDRESSES). (‘‘Agreement’’) is made by and between year until it reaches 2,325 mt in 2012 Authority: 16 U.S.C. 1801 et seq. the staff (‘‘staff’’) of the U.S. Consumer and subsequent years. In certain years, Product Safety Commission this amount is less than the sector’s Dated: January 15, 2009. (‘‘Commission’’) and Lasko Products historic catch; therefore, finding ways to Emily H. Menashes, Inc. (‘‘Lasko’’), a corporation, in accurately estimate halibut survival is Acting Director, Office of Sustainable accordance with 16 CFR 1118.20 of the important for this sector. Fisheries, National Marine Fisheries Service. Commission’s Procedures for This application for an EFP from [FR Doc. E9–1184 Filed 1–21–09; 8:45 am] Investigations, Inspections, and NPFF proposes to study two methods BILLING CODE 3510–22–S Inquiries under the Consumer Product for predicting halibut survival. It would Safety Act (‘‘CPSA’’). This Agreement allow researchers onboard a catcher and the incorporated attached Order processor vessel to collect CONSUMER PRODUCT SAFETY (‘‘Order’’) resolve the staffs allegations approximately 100 halibut caught with COMMISSION set forth below. non–pelagic trawl gear and evaluate a reflex action mortality predictor (RAMP) [CPSC Docket No. 09–C0003] The Parties for predicting delayed mortality in Lasko Products Inc., Provisional 2. The Commission is an independent individual trawl–caught halibut. The Acceptance of a Settlement Agreement federal regulatory agency established RAMP method would be combined with and Order pursuant to, and responsible for the and compared to the existing IPHC enforcement of the CPSA, 15 U.S.C. halibut mortality predictor currently AGENCY: Consumer Product Safety 2051–2089. used by observers. To assess and Commission. 3. Lasko is a corporation organized compare these two methods, halibut ACTION: Notice. and existing under the laws of the would be held in live tanks on a vessel Commonwealth of Pennsylvania, with and assessed by each method. The SUMMARY: It is the policy of the its principal corporate office located in collection and holding of halibut in this Commission to publish settlements West Chester, Pennsylvania. manner requires an exemption from which it provisionally accepts under the 4. At all times relevant herein, Lasko regulations that prohibit retention of Consumer Product Safety Act in the designed, manufactured and sold halibut by trawl gear, and requiring that Federal Register in accordance with the portable electric fans, including those all halibut caught with this gear be terms of 16 CFR 1118.20(e). Published that are the subject of the Agreement released as soon as possible below is a provisionally accepted and Order. (§ 679.7(a)(12), and § 679.21(b)(2)(ii)). Settlement Agreement with Lasko This EFP would apply for the period Products Inc., containing a civil penalty Staff Allegations of time required to complete the of $500,000.00. 5. Between 1999 and 2001, Lasko experiment during 2009, in areas open DATES: Any interested person may ask manufactured and distributed to directed fishing for flatfish. It would the Commission not to accept this approximately 5.6 million of the subject be of limited scope and duration and agreement or otherwise comment on its portable electric fans under the would not be expected to change the contents by filing a written request with following brand names and model nature or duration of the groundfish the Office of the Secretary by February numbers: Lasko 2135, 3300, 3400, 3410, fishery, fishing practices or gear used by 5, 2009. 3510, 3515, 3521,3550, 3700, 3723,
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3733, 3750, 3800; Galaxy 3733; General created an unreasonable risk of serious any claims under the Equal Access to Electric 106600, 106620, 106630; and injury or death. Justice Act. Air King 9500, and 9515, (collectively, 13. Lasko immediately commenced an 20. The Commission may publicize ‘‘fans’’ or ‘‘products’’). The fans were investigation and provided the the terms of the Agreement and Order. sold from 2000 through 2004, by Commission with an Initial Report, in a 21. The Agreement and Order shall distributors and in retail stores timely manner, on July 13, 2005. apply to, and be binding upon Lasko nationwide, for between $10 and $25. 14. Lasko specifically denies that it and each of its successors and assigns. 6. The fans are ‘‘consumer product(s)’’ failed to immediately inform the 22. The Commission’s Order in this and, at all times relevant herein, Lasko Commission of any defect or risk as matter is issued under the provisions of was a ‘‘manufacturer’’ of ‘‘consumer required by sections 15(b)(3) and (4) of the CPSA, and a violation of the Order product(s),’’ which were ‘‘distributed in the CPSA, 15 U.S.C. 2064(b)(3) and (4). may subject those referenced in commerce’’ as those terms are defined Lasko further denies that it in any way paragraph 21 above to appropriate legal or used in sections 3(a)(3), (5), (8), and or ‘‘knowingly’’ violated section 19(a)(4) action. (11) of the CPSA, 15 U.S.C. 2052(a)(3), of the CPSA, 15 U.S.C. 2068(a)(4), as the 23. This Agreement may be used in (5), (8), and (11). term ‘‘knowingly’’ is defined in section interpreting the Order. Agreements, 7. The fans are defective because it is 20(d) of the CPSA, 15 U.S.C. 2069(d). understandings, representations, or possible for an internal short to occur in interpretations made apart from those the motor windings of some of the fans, Agreement of the Parties contained in the Agreement and Order which may cause the fans to overheat, 15. Under the CPSA, the Commission may not be used to vary or to contradict smoke and/or catch fire, thereby has jurisdiction over this matter and their terms. presenting a substantial product hazard over Lasko. 24. The Agreement shall not be to consumers. 16. In settlement of the staff’s waived, amended, modified, or 8. Between November 2002 and allegations, Lasko agrees to pay a civil otherwise altered, without written September 2005, Lasko received penalty of five hundred thousand agreement thereto executed by the party approximately forty two (42) reports of dollars ($500,000.00) within twenty (20) against whom such amendment, incidents involving certain fans calendar days of receiving service of the modification, alteration, or waiver is overheating, smoking, melting or Commission’s final Order accepting the sought to be enforced. catching fire, which caused property Agreement. This payment shall be made 25. If, after the effective date hereof, damage and at least nine (9) personal by check payable to the order of the any provision of the Agreement and the injuries. Lasko filed its Initial Report on United States Treasury and mailed to Order is held to be illegal, invalid, or July 13, 2005 and filed its Full Report Cheryl Falvey, General Counsel, Office unenforceable under present or future on September 2, 2005. The fans were of the General Counsel, U.S. Consumer laws effective during the terms of the recalled on February 8, 2006. Product Safety Commission, 4330 East Agreement and the Order, such 9. Although Lasko had obtained West Highway, Bethesda, MD 20814. provision shall be fully severable. The sufficient information to reasonably 17. The parties enter the Agreement balance of the Agreement and Order support the conclusion that the fans shall remain in full force and effect, contained a defect which could create a for settlement purposes only. The Agreement does not constitute an unless the Commission and Lasko agree substantial product hazard, or created that severing the provision materially an unreasonable risk of serious injury or admission by Lasko or a determination by the Commission that Lasko violated affects the purpose of the Agreement death, it failed to immediately inform and Order. the Commission of such defect or risk as the CPSA’s reporting requirements. Lasko Products, Inc. required by sections 15(b)(3) and (4) of 18. Upon provisional acceptance of the CPSA, 15 U.S.C. 2064(b)(3) and (4). the Agreement by the Commission, the Dated: 12/11/08. In failing to do so, Lasko ‘‘knowingly’’ Agreement shall be placed on the public By: Bradford M. Brush, General Counsel, record and published in the Federal Lasko Products, Inc., 820 Lincoln Avenue, violated section 19(a)(4) of the CPSA, 15 West Chester, PA 19380. U.S.C. 2068(a)(4), as the term Register in accordance with the procedures set forth in 16 CFR Dated: 12/10/08. ‘‘knowingly’’ is defined in section 20(d) By: Neil A. Goldberg, Esquire, 665 Main of the CPSA, 15 U.S.C. 2069(d). 1118.20(e). If the Commission does not receive any written requests not to Street, Suite 400, Buffalo, NY 14203, Counsel 10. Pursuant to section 20 of the for Lasko Products, Inc. CPSA, 15 U.S.C. 2069, Lasko is subject accept the Agreement within 15 to civil penalties for its failure to report calendar days, the Agreement shall be U.S. Consumer Product Safety Commission as required under section 15(b) of the deemed finally accepted on the 16th Cheryl Falvey, CPSA, 15 U.S.C. 2064(b). calendar day after the date it is General Counsel. published in the Federal Register, in Ronald G. Yelenik, Response of Lasko accordance with 16 CFR 1118.20(f). Assistant General Counsel, Division of 11. In the spring and early summer of 19. Upon the Commission’s final Compliance, Office of the General Counsel. 2005, Lasko received notice of a number acceptance of the Agreement and Dated: 12/16/08. By: Belinda V. Bell, Trial Attorney, Division of claims and/or received certain issuance of the final Order, Lasko of Compliance, Office of the General Counsel. products for inspection that indicated a knowingly, voluntarily and completely potential pattern of failure that had not waives any rights it may have in this United States of America been seen prior to that time. matter to the following: (i) An Consumer Product Safety Commission 12. The number and the nature of administrative or judicial hearing; (ii) incidents or claims reported to Lasko judicial review or other challenge or In the Matter of Lasko Products Inc. prior to the summer of 2005 was contest of the Commission’s actions; (iii) [CPSC Docket No. 09–C0003] insufficient to indicate any specific a determination by the Commission as failure mode, pattern of failure or to to whether Lasko failed to comply with Order reasonably support the conclusion that the CPSA and the underlying Upon consideration of the Settlement the fans contained a defect which could regulations; (iv) a statement of findings Agreement entered into between Lasko create a substantial product hazard, or of fact and conclusions of law; and (v) Products Inc. (‘‘Lasko’’) and the U.S.
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Consumer Product Safety Commission DEPARTMENT OF DEFENSE information contained therein may (‘‘Commission’’) staff, and the specifically be disclosed outside the Commission having jurisdiction over Office of the Secretary DoD as a routine use pursuant to 5 the subject matter and over Lasko, and [Docket ID DOD–2009–OS–0003] U.S.C. 552a(b)(3) as follows: it appearing that the Settlement To the U.S. Department of the Agreement and Order are in the public Privacy Act of 1974; System of Treasury to provide information on interest, it is Records check issues and electronic funds transfers. Ordered that the Settlement AGENCY: Defense Finance and To Federal Reserve banks to distribute Agreement be, and hereby is, accepted Accounting Service, DoD. payments made through the direct and it is ACTION: Notice to amend a system of deposit system to financial Further ordered that Lasko shall pay records. organizations or their processing agents a civil penalty in the amount of five authorized by individuals to receive and SUMMARY: The Defense Finance and hundred thousand dollars deposit payments in their accounts. Accounting Service is proposing to ($500,000.00), within twenty (20) The DoD ‘Blanket Routine Uses’ amend a system of records notice in its published at the beginning of the DFAS calendar days of service of the existing inventory of record systems Commission’s final Order accepting the compilation of systems of records subject to the Privacy Act of 1974 (5 notices apply to this system.’’ Settlement Agreement. The payment U.S.C. 552a), as amended. shall be made by check payable to the * * * * * DATES: The proposed action will be order of the United States Treasury. effective without further notice on SAFEGUARDS: Upon the failure of Lasko to make the February 23, 2009 unless comments are Delete entry and replace with foregoing payment when due, interest received which would result in a ‘‘Records are stored in an office building on the unpaid amount shall accrue and contrary determination. protected by guards, controlled be paid by Lasko at the federal legal rate ADDRESSES: Defense Finance and screening, use of visitor registers, of interest set forth at 28 U.S.C. 1961(a) Accounting Service, Freedom of electronic access, and/or locks. Access and (b). Information Act/Privacy Act Program to records is limited to individuals who Provisionally accepted and Manager, 8899 E. 56th Street, are properly screened and cleared on a Provisional Order issued on the 9th day Indianapolis, IN 46249–0150. need to know basis in the performance of January 2009. FOR FURTHER INFORMATION CONTACT: Ms. of their duties. Passwords and digital Linda Krabbenhoft at (303) 589–3510. signatures are used to control access to By Order of the Commission. SUPPLEMENTARY INFORMATION: The the system data, and procedures are in Todd A. Stevenson, Defense Finance and Accounting place to deter and detect browsing and Secretary, Service’s system of record notices unauthorized access. Physical and subject to the Privacy Act of 1974 (5 electronic access are limited to persons Consumer Product Safety Commission. U.S.C. 552a), as amended, have been responsible for servicing and authorized [FR Doc. E9–755 Filed 1–21–09; 8:45 am] published in the Federal Register and to use the system.’’ BILLING CODE 6355–01–M are available from the address above. RETENTION AND DISPOSAL: The specific changes to the record Delete entry and replace with system being amended are set forth ‘‘Records may be temporary in nature below followed by the notice, as and deleted when actions are DEPARTMENT OF DEFENSE amended, published in its entirety. The completed, superseded, obsolete, or no proposed amendment is not within the longer needed. Other records may be cut DEPARTMENT OF ENERGY purview of subsection (r) of the Privacy off at the end of the payroll year, or Act of 1974 (5 U.S.C. 552a), as amended, destroyed up to 6 years and 3 months ENVIRONMENTAL PROTECTION which requires the submission of new after cutoff. Records are destroyed by AGENCY or altered systems reports. degaussing.’’ Dated: January 13, 2009. NUCLEAR REGULATORY NOTIFICATION PROCEDURE: COMMISSION Morgan E. Frazier, Alternate OSD Federal Register Liaison Delete entry and replace with Officer, Department of Defense. ‘‘Individuals seeking to determine [Docket No. EPA–HQ–OAR–2006–0957] whether information about themselves T7901a is contained in this system of records Multi-Agency Radiation Survey and SYSTEM NAME: should address inquiries to Defense Assessment of Materials and Finance and Accounting Service, Standard Negotiable Instrument Equipment Manual Freedom of Information/Privacy Act Processing System (June 4, 2007, 72 FR Program Manager, Corporate Correction 30786). Communications and Legislative In notice document E9–975 beginning CHANGES: Liaison, 8899 E. 56th Street, on page 2998 in the issue of Friday, * * * * * Indianapolis, IN 46249–1050. January 16, 2008, the docket number Written requests should contain ROUTINE USES OF RECORDS MAINTAINED IN THE should read as set forth above. individual’s full name, Social Security SYSTEM, INCLUDING CATEGORIES OF USERS AND Number (SSN), current address and [FR Doc. Z9–975 Filed 1–21–09; 8:45 am] THE PURPOSES OF SUCH USES: telephone number.’’ BILLING CODE 1505–01–D Delete entry and replace with ‘‘In addition to those disclosures generally RECORD ACCESS PROCEDURES: permitted under 5 U.S.C. 552a(b) of the Delete entry and replace with Privacy Act, these records or ‘‘Individuals seeking access to
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information about themselves contained check issues and electronic funds Number (SSN), current address, and in this system of records should address transfers. telephone number. inquiries to Defense Finance and To Federal Reserve banks to distribute RECORD ACCESS PROCEDURES: Accounting Service, Freedom of payments made through the direct Information/Privacy Act Program deposit system to financial Individuals seeking access to Manager, Corporate Communications organizations or their processing agents information about themselves contained and Legislative Liaison, 8899 E. 56th authorized by individuals to receive and in this system of records should address Street, Indianapolis, IN 46249–1050. deposit payments in their accounts. inquiries to Defense Finance and Written request should contain The DoD ‘‘Blanket Routine Uses’’ Accounting Service, Freedom of individual’s full name, Social Security published at the beginning of the DFAS Information/Privacy Act Program Number (SSN), current address and compilation of systems of records Manager, Corporate Communications telephone number.’’ notices apply to this system. and Legislative Liaison, 8899 E. 56th Street, Indianapolis, IN 46249–1050. * * * * * POLICIES AND PRACTICES FOR STORING, Written request should contain RETRIEVING, ACCESSING, RETAINING, AND T7901a individual’s full name, Social Security DISPOSING OF RECORDS IN THE SYSTEM: Number (SSN), current address, and SYSTEM NAME: STORAGE: telephone number. Standard Negotiable Instrument Electronic storage media. CONTESTING RECORD PROCEDURES: Processing System. RETRIEVABILITY: The DFAS rules for accessing records, SYSTEM LOCATION: Name, Social Security Number (SSN), for contesting contents and appealing Defense Information Systems Agency, and check number. initial agency determinations are Defense Enterprise Computing Center— published in DFAS Regulation 5400.11– SAFEGUARDS: Ogden, 7879 Wardleigh Road, Building R; 32 CFR part 324; or may be obtained 891, Hill Air Force Base, UT 84056– Records are stored in an office from Defense Finance and Accounting 5997. building protected by guards, controlled Service, Freedom of Information/ Defense Finance and Accounting screening, use of visitor registers, Privacy Act Program Manager, Service—Indianapolis, 8899 E. 56th electronic access, and/or locks. Access Corporate Communications and Street, Indianapolis, IN 46249–2700. to records is limited to individuals who Legislative Liaison, 6760 E. Irvington are properly screened and cleared on a Place, Denver, CO 80279–8000. CATEGORIES OF INDIVIDUALS COVERED BY THE need to know basis in the performance RECORD SOURCE CATEGORIES: SYSTEM: of their duties. Passwords and digital The individual, DFAS Defense Joint United States Army Active and signatures are used to control access to Military Payroll System, and the U.S. Reserve military members. the system data, and procedures are in Army active and reserve members. place to deter and detect browsing and CATEGORIES OF RECORDS IN THE SYSTEM: unauthorized access. Physical and EXEMPTIONS CLAIMED FOR THE SYSTEM: Individual’s name, Social Security electronic access are limited to persons None. Number (SSN), home and mailing responsible for servicing and authorized address, military branch of service, to use the system. [FR Doc. E9–1224 Filed 1–21–09; 8:45 am] member’s status, check payment BILLING CODE 5001–06–P information such as check numbers, and RETENTION AND DISPOSAL: payee names. Records may be temporary in nature and deleted when actions are DEPARTMENT OF DEFENSE AUTHORITY FOR MAINTENANCE OF THE SYSTEM: completed, superseded, obsolete, or no Office of the Secretary 5 U.S.C. 301, Departmental longer needed. Other records may be cut Regulations; Department of Defense off at the end of the payroll year, or [Docket ID DoD–2009–OS–0005] Financial Management Regulation destroyed up to 6 years and 3 months (DoDFMR) 7000.14–R, Volume 5; 5 after cutoff. Records are destroyed by Privacy Act of 1974; System of U.S.C. Sections 3512 and 3513 and E.O. degaussing. Records 9397 (SSN). SYSTEM MANAGER(S) AND ADDRESS: AGENCY: Defense Finance and PURPOSE(S): Defense Finance and Accounting Accounting Service, DoD. A processing system, designed to Service—Indianapolis, Information ACTION: Notice to alter a system of process checks for U.S. Army Active Technology Directorate, Systems records. and Reserve military members. As a Manager, 8899 East 56th Street, SUMMARY: The Defense Finance and management tool it will produce reports Indianapolis, IN 46249–2700. Accounting Service proposes to alter a for reconciliation of these checks. NOTIFICATION PROCEDURE: system of records notice in its inventory ROUTINE USES OF RECORDS MAINTAINED IN THE Individuals seeking to determine of record systems subject to the Privacy SYSTEM, INCLUDING CATEGORIES OF USERS AND whether information about themselves Act of 1974 (5 U.S.C. 552(a)), as THE PURPOSES OF SUCH USES: is contained in this system of records amended. The alterations add new In addition to those disclosures should address inquiries to Defense locations, new category of individuals, generally permitted under 5 U.S.C. Finance and Accounting Service, new category of records and other 552a(b) of the Privacy Act, these records Freedom of Information/Privacy Act administrative changes to the system or information contained therein may Program Manager, Corporate notice. specifically be disclosed outside the Communications and Legislative DATES: This action will be effective DoD as a routine use pursuant to 5 Liaison, 8899 E. 56th Street, without further notice on February 23, U.S.C. 552a(b)(3) as follows: Indianapolis, IN 46249–1050. 2009 unless comments are received that To the U.S. Department of the Written requests should contain would result in a contrary Treasury to provide information on individual’s full name, Social Security determination.
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ADDRESSES: Send comments to Ms. Defense Finance and Accounting after the recordkeeping copy has been Linda Krabbenhoft, Freedom of Service-Europe, Unit #23122, APO AE produced or destroyed/deleted when Information Act/Privacy Act Program 09227. dissemination, revision, or updating is Manager, Defense Finance and Defense Finance and Accounting completed. Records are destroyed by Accounting Service, Corporate Service-TSO Patuxent River, 22299 burning, shredding, or pulping hard Communications and Legislative Exploration Park Drive, Lexington Park, copy records and degaussing electronic Liaison, 8899 E. 56th Street, MD 20653–2051. media.’’ Indianapolis, IN 46249–0150. Defense Finance and Accounting * * * * * FOR FURTHER INFORMATION CONTACT: Ms. Service-TSO Pensacola, 250 Raby Linda Krabbenhoft, at (303) 589–3510. Avenue, Pensacola, FL 32509–5122. NOTIFICATION PROCEDURES: SUPPLEMENTARY INFORMATION: The Defense Finance and Accounting Delete entry and replace with Defense Finance and Accounting Service-Rome, 325 Brooks Road, Rome, ‘‘Individuals seeking to determine Service’s record system notices for NY 13441–4527. whether information about themselves record systems subject to the Privacy Defense Finance and Accounting is contained in this system of records Act of 1974 (5 U.S.C. 552(a)), as Service, DFAS-Texarkana, PO BOX 611, should address written inquiries to the amended, have been published in the Texarkana, Texas 75505–6111.’’ FOIA/PA Program Manager, Defense Federal Register and are available from * * * * * Finance and Accounting Service, the address above. CATEGORIES OF RECORDS IN THE SYSTEM: Corporate Communications and The proposed system report, as Legislative Liaison, 8899 E. 56th Street, Delete entry and replace with ‘‘Name, required by 5 U.S.C. 552a(r) of the Indianapolis, IN 46249–0150. organization(s), DFAS organization Privacy Act of 1974, as amended, was Individual should furnish full name, element, assignment, employee ID, submitted on January 13, 2009, to the current DFAS organization element, current work address, office and home House Committee on Government current work address and work telephone number(s), grade/rank, Reform, the Senate Committee on telephone number.’’ Homeland Security and Governmental military branch of service, position title, Affairs, and the Office of Management job series, disability information and RECORD ACCESS PROCEDURES: emergency point-of-contact name and and Budget (OMB) pursuant to Delete entry and replace with telephone numbers.’’ paragraph 4c of Appendix I to OMB ‘‘Individuals seeking access to Circular No. A–130, ‘Federal Agency * * * * * information about themselves in this Responsibilities for Maintaining AUTHORITY: system of records should address Records About Individuals,’ dated written inquiries to the FOIA/PA December 12, 2000, 65 FR 239. Delete entry and replace with ‘‘5 U.S.C. 301, Departmental Regulations; Program Manager, Defense Finance and Dated: January 13, 2009. DFAS Regulation 3020.26, Corporate Accounting Service, Corporate Morgan E. Frazier, Contingency Plan; DoDD 1400.31, Communications and Legislative Alternate OSD Federal Register Liaison Mobilization Management of the DoD Liaison, 8899 E. 56th Street, Officer, Department of Defense. Civilian Work Force; DoDI 1400.32, DoD Indianapolis, IN 46249–0150. Individual should furnish full name, T3020 Civilian Work Force Contingency and Emergency Planning Guidelines and current DFAS organization element, SYSTEM NAME: Procedures; DoDI 3020.37, Continuation current work address and work Living Disaster Recovery Planning of Essential DoD Contractor Services telephone number.’’ System (LDRPS) (August 18, 2006, 71 During Crises and E.O. 12656, * * * * * FR 47780). Assignment of Emergency Preparedness CONTESTING RECORD PROCEDURES: CHANGES: Responsibilities.’’ * * * * * Delete entry and replace with ‘‘The * * * * * DFAS rules for accessing records, for SYSTEM LOCATION: STORAGE: contesting contents and appealing Delete entry and replace with Delete entry and replace with ‘‘Paper initial agency determinations are ‘‘Defense Finance and Accounting Records and electronic storage media.’’ published in DFAS Regulation 5400.11– Service-Indianapolis, 8899 East 56th * * * * * R; 32 CFR part 324; or may be obtained Street, Indianapolis, IN 46249–1460. from the Freedom of Information/ (Physical location of database and SAFEGUARDS: Privacy Act Program Manager, server.) Delete entry and replace with Corporate Communications and Defense Finance and Accounting ‘‘Records are maintained in a controlled Legislative Liaison, 8899 E. 56th Street, Service-Columbus, 3990 East Broad facility. Physical entry is restricted by Indianapolis, IN 46249–0150.’’ Street, Columbus, OH 43218–2317. the use of locks, guards, and is * * * * * Defense Finance and Accounting accessible only to authorized personnel. Service-Cleveland, 1240 East 9th Street, Access to records is limited to person(s) T3020 Cleveland, OH 44199–2056. responsible for servicing the record in SYSTEM NAME: Defense Finance and Accounting performance of their official duties and Service-Arlington, 1851 South Bell who are properly screened and cleared Living Disaster Recovery Planning Street, Crystal Mall #3, Arlington, VA for need-to-know. Access to System Records. 22240–5291. computerized data is restricted by SYSTEM LOCATION: Defense Finance and Accounting passwords, which are changed Service-Limestone, 27 Arkansas Road, periodically.’’ Defense Finance and Accounting Limestone, ME 04751–1500. Service-Indianapolis, 8899 East 56th Defense Finance and Accounting RETENTION AND DISPOSAL: Street, Indianapolis, IN 46249–1460. Service-Japan, Building 206, Unit 5220, Delete entry and replace with (Physical location of database and APO AP 96328–5220. ‘‘Records are destroyed within 180 days server.)
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Defense Finance and Accounting PURPOSE(S): SYSTEM MANAGER(S) AND ADDRESS: Service-Columbus, 3990 East Broad To provide DFAS with a standardized Director of Contingency Planning Street, Columbus, OH 43218–2317. automated contingency planning Division, Defense Finance and Defense Finance and Accounting process. Personal information in the Accounting Service-Indianapolis, 8899 Service-Cleveland, 1240 East 9th Street, system is used to publish organizational East 56th Street, Indianapolis, IN Cleveland, OH 44199–2056. telephone directories/locators, recall 46249–1460. personnel to place of duty when Defense Finance and Accounting NOTIFICATION PROCEDURE: Service-Arlington, 1851 South Bell required, for use in emergency Individuals seeking to determine Street, Crystal Mall #3, Arlington, VA notification, and to perform relevant whether information about themselves 22240–5291. functions/requirements/actions is contained in this system of records Defense Finance and Accounting consistent with managerial functions during an emergency/disaster. should address written inquiries to the Service-Limestone, 27 Arkansas Road, FOIA/PA Program Manager, Defense Limestone, ME 04751–1500. ROUTINE USES OF RECORDS MAINTAINED IN THE Finance and Accounting Service, Defense Finance and Accounting SYSTEM, INCLUDING CATEGORIES OF USERS AND Corporate Communications and Service-Japan, Building 206, Unit 5220, THE PURPOSES OF SUCH USES: Legislative Liaison, 8899 E. 56th Street, APO AP 96328–5220. In addition to those disclosures Indianapolis, IN 46249–0150. Defense Finance and Accounting generally permitted under 5 U.S.C. Individual should furnish full name, Service-Europe, Unit #23122, APO AE 552a(b) of the Privacy Act, these records current DFAS organization element, 09227. or information contained therein may current work address and work Defense Finance and Accounting specifically be disclosed outside the telephone number. Service-TSO Patuxent River, 22299 DoD as a routine use pursuant to 5 RECORD ACCESS PROCEDURES: Exploration Park Drive, Lexington Park, U.S.C. 552a(b)(3) as follows: MD 20653–2051. To Federal, state, or local Individuals seeking access to Defense Finance and Accounting governments or civic organizations information about themselves in this Service-TSO Pensacola, 250 Raby during actual emergencies, exercises, or system of records should address Avenue, Pensacola, FL 32509–5122. continuity of operation tests for the written inquiries to the FOIA/PA Defense Finance and Accounting purpose of responding to emergency Program Manager, Defense Finance and Accounting Service, Corporate Service-Rome, 325 Brooks Road, Rome, situations. Communications and Legislative NY 13441–4527. The DoD ‘‘Blanket Routine Uses’’ Liaison, 8899 E. 56th Street, Defense Finance and Accounting published at the beginning of the DFAS Indianapolis, IN 46249–0150. Service, DFAS-Texarkana, PO BOX 611, compilation of systems of records notices apply to this system. Individual should furnish full name, Texarkana, Texas 75505–6111. current DFAS organization element, CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, current work address and work SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND telephone number. DISPOSING OF RECORDS IN THE SYSTEM: All civilian and military individuals CONTESTING RECORD PROCEDURES: STORAGE: employed by the Defense Finance and The DFAS rules for accessing records, Accounting Service; may also include Paper Records and electronic storage for contesting contents and appealing civilian and military personnel of the media. initial agency determinations are Department of Defense and other RETRIEVABILITY: published in DFAS Regulation 5400.11– Government agencies; may also include Retrieved by individual’s name, by R; 32 CFR part 324; or may be obtained family members and other emergency organization and by employee ID (which from the Freedom of Information/ points-of-contact and contractor is a combination of individual’s first Privacy Act Program Manager, organizations. and last name). Corporate Communications and Legislative Liaison, 8899 E. 56th Street, CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: Indianapolis, IN 46249–0150. Name, organization(s), DFAS Records are maintained in a RECORD SOURCE CATEGORIES: organization element, assignment, controlled facility. Physical entry is employee ID, current work address, restricted by the use of locks, guards, Information is obtained from record office and home telephone number(s), and is accessible only to authorized subject. grade/rank, military branch of service, personnel. Access to records is limited EXEMPTIONS CLAIMED FOR THE SYSTEM: position title, job series, disability to person(s) responsible for servicing the None. information and emergency point-of- record in performance of their official contact name and telephone numbers. duties and who are properly screened [FR Doc. E9–1228 Filed 1–21–09; 8:45 am] and cleared for need-to-know. Access to BILLING CODE 5001–06–P AUTHORITY FOR MAINTENANCE OF THE SYSTEM: computerized data is restricted by 5 U.S.C. 301, Departmental passwords, which are changed DEPARTMENT OF DEFENSE Regulations; DFAS Regulation 3020.26, periodically. Corporate Contingency Plan; DoDD 1400.31, Mobilization Management of RETENTION AND DISPOSAL: Office of the Secretary the DoD Civilian Work Force; DoDI Records are destroyed within 180 [Docket ID DOD–2009–OS–0002] 1400.32, DoD Civilian Work Force days after the recordkeeping copy has Contingency and Emergency Planning been produced or destroyed/deleted Privacy Act of 1974; System of Guidelines and Procedures; DoDI when dissemination, revision, or Records 3020.37, Continuation of Essential DoD updating is completed. Records are AGENCY: Defense Logistics Agency, DoD. Contractor Services During Crises and destroyed by burning, shredding, or ACTION: Notice to amend a system of E.O. 12656, Assignment of Emergency pulping hard copy records and records. Preparedness Responsibilities. degaussing electronic media.
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SUMMARY: The Defense Logistics Agency in this system of records should address CATEGORIES OF RECORDS IN THE SYSTEM: is amending a system of records notice written inquiries to the Privacy Act The system constitutes a history of in its existing inventory of record Office, Headquarters, Defense Logistics employment with DLA and contains systems subject to the Privacy Act of Agency, Attn: DGA, 8725 John J. name, physical and electronic 1974 (5 U.S.C. 552a), as amended. Kingman Road, Suite 1644, Fort Belvoir, addresses, telephone numbers, date and DATES: This proposed action will be VA 22060–6221. place of birth, citizenship, Social effective without further notice on Inquiry should contain subject Security Number, prior employment or February 23, 2009 unless comments are individual’s full name, Social Security work history, and employment received which result in a contrary Number and location of organization application forms. In addition, the determination. and physical location where employed.’’ system includes grade; series; duties; duty location; promotions; work ADDRESSES: Send comments to the CONTESTING RECORD PROCEDURES: schedule; health and life insurance Privacy Act Officer, Headquarters, Delete entry and replace with ‘‘The election documents; pay data; direct Defense Logistics Agency, Attn: DP, DLA rules for accessing records, for deposit forms; savings bond 8725 John J. Kingman Road, Stop 2533, contesting contents, and appealing authorizations; state and local taxation Fort Belvoir, VA 22060–6221. initial agency determinations are forms; emergency notification data; contained in 32 CFR part 323, or may FOR FURTHER INFORMATION CONTACT: Ms. performance objectives and evaluations; be obtained from the Privacy Act Office, Jody Sinkler at (703) 767–5045. awards; notices of disciplinary or Headquarters, Defense Logistics Agency, SUPPLEMENTARY INFORMATION: The adverse action and employee response; Attn: DGA, 8725 John J. Kingman Road, Defense Logistics Agency systems of training records; certification and Suite 1644, Fort Belvoir, VA 22060– records notices subject to the Privacy licensing records; medical and fitness 6221.’’ Act of 1974 (5 U.S.C. 552a), as amended, for duty evaluations; secondary have been published in the Federal * * * * * employment documents; the fact of and Register and are available from the S400.05 level of security clearance; social address above. security or other retirement benefit data; The specific changes to the record SYSTEM NAME: and similar employment-related system being amended are set forth Official Personnel Files for Non- material. below followed by the notice, as Appropriated Fund Employees. amended, published in its entirety. The AUTHORITY FOR MAINTENANCE OF THE SYSTEM: proposed amendments are not within SYSTEM LOCATION: 5 U.S.C. 301, Departmental the purview of subsection (r) of the Non-Appropriated Fund Personnel Regulations; 10 U.S.C. 136, Under Privacy Act of 1974 (5 U.S.C. 552a), as Office, Headquarters, Defense Logistics Secretary of Defense for Personnel and amended, which requires the Agency, Attn: DES–Q, 8725 John J. Readiness; 10 U.S.C. 1143d, submission of a new or altered system Kingman Road, Suite 2533, Fort Belvoir, Employment assistance; 10 U.S.C. 1588, report. VA 22060–6221. Voluntary services; 10 U.S.C. 1784, NAF Personnel Offices of the Employment opportunities; 42 U.S.C. Dated: January 13, 2009. following Defense Logistics Agency 300e–9, Employees Health Benefit Morgan E. Frazier, Field Activities: Plans; 42 U.S.C. Chapter 7, Subchapter Alternate OSD Federal Register Liaison a. Defense Distribution Depot II, Social Security Benefits and E.O. Officer, Department of Defense. Susquehanna, Attn: DDSP–HM, 2001 9397 (SSN). 350.05 Mission Drive, Suite 1, New Cumberland, PA 17070–5002; PURPOSE(S): SYSTEM NAME: b. Defense Supply Center Richmond, The files provide the basic source of Official Personnel Files for Non- Attn: DSCR–H, 8000 Jefferson Davis factual data about a person’s Non- Appropriated Fund Employees Highway, Richmond, VA 23297–5131; Appropriated Fund employment. The (February 21, 2002, 67 FR 8012). c. Defense Supply Center Columbus, information is collected and maintained Attn: DSCC–WLQ, 3990 East Broad to provide personnel services to the CHANGES: Street, Columbus, OH 43216–5000; employee and to provide personnel and * * * * * d. Defense Logistics Information supervisory officials with information Service, Attn: DLIS–RB, 74 N. on which to base decisions on employee NOTIFICATION PROCEDURE: Washington Avenue, Battle Creek, MI rights, benefits, eligibility and status. Delete entry and replace with 49017–3084; and ‘‘Individuals seeking to determine e. Defense Distribution Depot San ROUTINE USES OF RECORDS MAINTAINED IN THE whether information about themselves Joaquin, Attn: DDJC–X, 25600 S. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: is contained in this system of records Chrisman Road, Building 100, Room 28, should address written inquiries to the Tracy, CA 95376. In addition to those disclosures Privacy Act Office, Headquarters, generally permitted under 5 U.S.C. Note: Some of the information contained in 552a(b) of the Privacy Act, these records Defense Logistics Agency, Attn: DGA, this system may be duplicated for 8725 John J. Kingman Road, Suite 1644, maintenance at a location closer to the or information contained therein may Fort Belvoir, VA 22060–6221. employee’s work site (e.g., in an specifically be disclosed outside the Inquiry should contain subject administrative office or supervisor’s work DOD as a routine use pursuant to 5 individual’s full name, Social Security folder) and still be covered by this system of U.S.C. 552a(b)(3) as follows: Number and location of organization records notice. The information may be disclosed to and physical location where employed.’’ government and private vendor training CATEGORIES OF INDIVIDUALS COVERED BY THE facilities and educational institutions in RECORD ACCESS PROCEDURES: SYSTEM: support of training requirements; to Delete entry and replace with Individuals who have accepted health and life insurance carriers for ‘‘Individuals seeking access to employment as a DLA Non- enrollment or claim processing information about themselves contained Appropriated Fund employee. purposes; and to Federal, state, local,
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and professional licensing boards specifications for communications, Privacy Act Office, Headquarters, concerning the issuance, retention, or operations, and web security. Defense Logistics Agency, Attn: DGA, revocation of licenses or certificates. 8725 John J. Kingman Road, Suite 1644, To Federal, State, or local agencies RETENTION AND DISPOSAL: Fort Belvoir, VA 22060–6221. that verify eligibility for, administer, Folders are maintained for the Inquiry should contain subject audit, or adjudicate claims pertaining to duration of the employee’s employment. individual’s full name, Social Security retirement, insurance, unemployment, They are retired to the National Number and location of organization health benefits, occupational injury, and Personnel Records Center (Civilian and physical location where employed. similar entitlement programs. Personnel Records), 111 Winnebago To public and private organizations Street, St. Louis, MO 63118, 30 days RECORD ACCESS PROCEDURES: for nominating, considering, or selecting after separation except that files on off- Individuals seeking access to employees for awards and honors or to duty military personnel are destroyed 2 information about themselves contained publicize employee recognition years after termination of employment in this system of records should address programs. and files on non-U.S. citizens residing written inquiries to the Privacy Act To the Equal Employment outside of CONUS, Alaska, Hawaii, but Office, Headquarters, Defense Logistics Opportunity Commission (EEOC) for working within CONUS, Alaska, and Agency, Attn: DGA, 8725 John J. investigating alleged or possible Hawaii are destroyed 3 years after Kingman Road, Suite 1644, Fort Belvoir, discrimination practices or to fulfill separation. VA 22060–6221. other functions vested in the EEOC. Some records within the file are Inquiry should contain subject To the Federal Labor Relations retained at the agency for various individual’s full name, Social Security Authority (FLRA) for investigating and lengths of time in accordance with the Number and location of organization resolving allegations of unfair labor National Archives and Records and physical location where employed. practices, or to fulfill other functions Administration records schedules. CONTESTING RECORD PROCEDURES: vested in the FLRA. a. Documents relating to the To public health agencies in cases administration of group life, health, and The DLA rules for accessing records, where employees have contracted or accident insurance programs, and for contesting contents, and appealing been exposed to a health hazard while retirement plans for NAF employees. initial agency determinations are employed with DLA. Included are requests for group contained in 32 CFR part 323, or may To the Department of the Treasury to insurance, agreements, waivers, requests be obtained from the Privacy Act Office, process savings bond authorization for discontinuance, applications for Headquarters, Defense Logistics Agency, forms. insurance, beneficiary designations, Attn: DGA, 8725 John J. Kingman Road, To the Social Security Administration notices of employment termination, Suite 1644, Fort Belvoir, VA 22060– and pension fund administration statements of contributions, similar 6221. entities for retirement and pension documents, and related papers are RECORD SOURCE CATEGORIES: benefit administration, oversight, and destroyed after termination of audit purposes. involvement by the NAF activity. Information contained in the folder is The DOD ‘‘Blanket Routine Uses’’ also b. Documents reflecting basic data on obtained from the record subject, the apply to this system of records. individual employees such as veteran employee’s previous employer, preference, service computation date, educational institutions, trade POLICIES AND PRACTICES FOR STORING, performance ratings, positions held, and associations, references and others who RETRIEVING, ACCESSING, RETAINING, AND similar information are destroyed 15 would have knowledge of the DISPOSING OF RECORDS IN THE SYSTEM: years after transfer or separation of employee’s skills or employment STORAGE: employee. characteristics and papers originating Records may be stored on paper and c. Documents related to submitting, with the activity during the employee’s on electronic storage media. evaluating, and approving or work history. disapproving suggestions, service EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: awards, and commendations of non- None. Records are retrieved by subject appropriated fund employees are individual’s name or Social Security destroyed 5 years after final action. [FR Doc. E9–1233 Filed 1–21–09; 8:45 am] Number. d. Documents used to record BILLING CODE 5001–06–P SAFEGUARDS: supervisory counseling interviews and separation interviews are destroyed 6 Records are maintained in areas months after transfer or separation of DEPARTMENT OF DEFENSE accessible only to DLA personnel who employee. must have access to perform their e. Training documents are destroyed Office of the Secretary duties. The computer files are password after 5 years. protected with access restricted to [Docket ID DOD–2009–OS–0004] authorized users. Records are secured in SYSTEM MANAGER(S) AND ADDRESS: Privacy Act of 1974; System of locked or guarded buildings, locked Chief, NAF Personnel and Policy Records offices, locked cabinets or powered Office, Headquarters, Defense Logistics down computer terminals during non- Agency, Attn: DES–Q, 8725 John J. AGENCY: Office of the Secretary, DoD. duty hours. Output and storage media Kingman Road, Suite 2533, Fort Belvoir, ACTION: Notice to alter a system of products are labeled ‘‘For Official Use VA 22060–6221. records. Only’’ and handled in accordance with DLA regulations for the safeguarding of NOTIFICATION PROCEDURE: SUMMARY: The Office of the Secretary of such information. Data relayed through Individuals seeking to determine Defense is altering system of records the Internet is encrypted during whether information about themselves notice in its existing inventory of record transmission by means that comply with is contained in this system of records systems subject to the Privacy Act of DOD polices and technical should address written inquiries to the 1974, (5 U.S.C. 552a), as amended.
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DATES: This proposed action will be fingerprints and photographs of turn be used to identify those employed effective without further notice on beneficiaries, blood test results; beneficiaries who have employment- February 23, 2009 unless comments are Deoxyribonucleic Acid (DNA); dental related group health insurance, to received which result in a contrary care eligibility codes and dental x-rays. coordinate insurance benefits provided determination. Catastrophic Cap and Deductible by DoD with those provided by the (CCD) transactions, including monetary other insurance. This information will ADDRESSES: Send comments to the amounts; CHAMPUS/TRICARE claim also be used to perform computer data Privacy Act Officer, Office of Freedom records containing enrollee, participant matching against the SSA Master of Information, Washington and health care facility, provider data Beneficiary Record file for identifying Headquarters Services, 1155 Defense such as cause of treatment, amount of DoD beneficiaries eligible for health care Pentagon, Washington, DC 20301–1155. payment, name and Social Security or who are enrolled in the Medicare FOR FURTHER INFORMATION CONTACT: Mrs. tax identification number of providers Program, to coordinate insurance Cindy Allard at (703) 588–2386. or potential providers of care; benefits provided by DoD with those SUPPLEMENTARY INFORMATION: The Office citizenship data/country of birth; civil provided by Medicare. of the Secretary of Defense systems of service employee employment 2. To the Office of Disability and records notices subject to the Privacy information (agency and bureau, pay Income Security Programs wounded Act of 1974, (5 U.S.C. 552a), as plan and grade, nature of action code military service members and veterans amended, have been published in the and nature of action effective date, for the purpose of expediting disability Federal Register and are available from occupation series, dates of promotion processing. the address above. and expected return from overseas, 3. To other Federal agencies and state, The proposed systems reports, as service computation date); claims data; local and territorial governments to required by 5 U.S.C. 552a(r) of the compensation data; contractor fee identify fraud and abuse of the Federal Privacy Act of 1974, as amended, were payment data; date of separation of agency’s programs and to identify submitted on January 12, 2009, to the former enlisted and officer personnel; debtors and collect debts and House Committee on Oversight and demographic data (kept on others overpayment in the DoD health care Government Reform, the Senate beyond beneficiaries) date of birth, programs. Committee on Homeland Security and home of record state, sex, race, 4. To each of the fifty states and the Governmental Affairs, and the Office of education level; Department of Veterans District of Columbia for the purpose of Management and Budget (OMB) Affairs disability payment records; conducting an on going computer pursuant to paragraph 4c of Appendix I digital signatures where appropriate to matching program with state Medicaid to OMB Circular No. A–130, ‘‘Federal assert validity of data; e-mail (home/ agencies to determine the extent to Agency Responsibilities for Maintaining work); emergency contact information; which state Medicaid beneficiaries may Records About Individuals,’’ dated immunization data; Information be eligible for Uniformed Services February 8, 1996 (February 20, 1996, 61 Assurance (IA) Work Force information; health care benefits, including FR 6427). language data; military personnel CHAMPUS, TRICARE, and to recover Medicaid monies from the CHAMPUS Dated: January 13, 2009. information (rank, assignment/ deployment, length of service, military program. Morgan E. Frazier, occupation, education, and benefit 5. To provide dental care providers Alternate OSD Federal Register Liaison usage); pharmacy benefits; reason assurance of treatment eligibility. Officer, Department of Defense. leaving military service or DoD civilian 6. To Federal agencies and/or their DMDC 02 DoD service; Reserve member’s civilian contractors, in response to their occupation and employment requests, for purposes of authenticating SYSTEM NAME: information; education benefit the identity of individuals who, Defense Enrollment Eligibility eligibility and usage; special military incident to the conduct of official Reporting System (DEERS) (June 5, pay information; SGLI/FGLI; stored business, present the Common Access 2008, 73 FR 31999). documents for proofing identity and Card or similar identification as proof of association; workforces information identity to gain physical or logical CHANGES: (e.g., Acquisition, First Responders); access to government and contractor * * * * * Privacy Act audit logs.’’ facilities, locations, networks, or systems. CATEGORIES OF RECORDS IN THE SYSTEM: * * * * * 7. To State and local child support Delete entry and replace with ROUTINE USES OF RECORDS MAINTAINED IN THE enforcement agencies for purposes of ‘‘Computer files containing beneficiary’s SYSTEM, INCLUDING CATEGORIES OF USERS AND providing information, consistent with name, Service or Social Security THE PURPOSES OF SUCH USES: the requirements of 29 U.S.C. 1169(a), Number (SSN), enrollment number, Delete entry and replace with ‘‘In 42 U.S.C. 666(a)(19), and E.O. 12953 relationship of beneficiary to sponsor, addition to those disclosures generally and in response to a National Medical residence address of beneficiary or permitted under 5 U.S.C. 552a(b) of the Support Notice (NMSN) (or equivalent sponsor, date of birth of beneficiary, sex Privacy Act, these records or notice if based upon the statutory of beneficiary, branch of Service of information contained therein may authority for the NMSN), regarding the sponsor, dates of beginning and ending specifically be disclosed outside the military status of identified individuals eligibility, number of family members of DoD as a routine use pursuant to 5 and whether, and for what period of sponsor, primary unit duty location of U.S.C. 552a(b)(3) as follows: time, the children of such individuals sponsor, race and ethnic origin of 1. To the Social Security are or were eligible for DoD health care beneficiary, occupation of sponsor, Administration (SSA) to perform coverage. NOTE: Information requested rank/pay grade of sponsor, disability computer data matching against the SSA by the States is not disclosed when it documentation; wounded, ill and Wage and Earnings Record file for would contravene U.S. national policy injured identification information; identifying employers of Department of or security interests (42 U.S.C. 653(e)). Medicare eligibility and enrollment Defense (DoD) beneficiaries eligible for 8. To the Department of Health and data, primary and secondary health care. This employer data will in Human Services (HHS):
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a. For purposes of providing purpose of notifying separating eligible any DVA disability compensation paid information, consistent with the Reservists of their right to apply for or waiver of VA benefit. The law (10 requirements of 42 U.S.C. 653 and in Veteran’s Group Life Insurance coverage U.S.C. 12316) prohibits receipt of response to an HHS request, regarding under the Veterans Benefits reserve pay and DVA compensation for the military status of identified Improvement Act of 1996 (38 U.S.C. the same time period, however, it does individuals and whether, and for what 1968) and for DVA to administer the permit waiver of DVA compensation to period of time, the children of such Traumatic Servicemember’s Group Life draw reserve pay. individuals are or were eligible for DoD Insurance (TSGLI) (Traumatic Injury (4) Providing identification of former healthcare coverage. NOTE: Information Protection Rider to Servicemember’s active duty military personnel who requested by HHS is not disclosed when Group Life Insurance (TSGLI), 38 CFR received separation payments to the it would contravene U.S. national policy part 9.20). DVA for the purpose of deducting such or security interests (42 U.S.C. 653(e)). c. To register eligible veterans and repayment from any DVA disability b. For purposes of providing their dependents for DVA programs. compensation paid. The law requires information so that specified Medicare d. Providing identification of former recoupment of severance payments determinations, specifically late military personnel and survivor’s before DVA disability compensation can enrollment and waiver of penalty, can financial benefit data to DVA for the be paid (10 U.S.C. 1174). be made for eligible (1) DoD military purpose of identifying military retired f. To provide identifying military retirees and (2) spouses (or former pay and survivor benefit payments for personnel data to the DVA for the spouses) and/or dependents of either use in the administration of the DVA’s purpose of notifying such personnel of military retirees or active duty military Compensation and Pension Program (38 information relating to educational personnel, pursuant to section 625 of U.S.C. 5106). The information is to be assistance as required by the Veterans the Medicare Prescription Drug, used to process all DVA award actions Programs Enhancement Act of 1998 (38 Improvement, and Modernization Act of more efficiently, reduce subsequent U.S.C. 3011 and 3034). 2002 (as codified at 42 U.S.C. 1395p and overpayment collection actions, and 11. To DoD Civilian Contractors and 1395r). minimize erroneous payments. grantees for the purpose of performing c. To the Office of Child Support e. To conduct computer matching research on manpower problems for Enforcement, Federal Parent Locator programs regulated by the Privacy Act statistical analyses. Service, pursuant to 42 U.S.C. 653 and of 1974, as amended (5 U.S.C. 552a), for 12. To consumer reporting agencies to 653a; to assist in locating individuals for the purposes of: (1) Providing full obtain current addresses of separated the purpose of establishing parentage; identification of active duty military military personnel to notify them of establishing, setting the amount of, personnel, including full time National potential benefits eligibility. modifying, or enforcing child support Guard/Reserve support personnel, for 13. To Defense contractors to monitor obligations; or enforcing child custody use in the administration of DVA’s the employment of former DoD or visitation orders; the relationship to Compensation and Pension benefit employees and military members a child receiving benefits provided by a program. The information is used to subject to the provisions of 41 U.S.C. third party and the name and SSN of determine continued eligibility for DVA 423. those third party providers who have a disability compensation to recipients 14. To Federal and Quasi Federal legal responsibility. Identifying who have returned to active duty so that agencies, territorial, state, and local delinquent obligors will allow State benefits can be adjusted or terminated governments to support personnel Child Support Enforcement agencies to as required and steps taken by DVA to functions requiring data on prior commence wage withholding or other collect any resulting over payment (38 military service credit for their enforcement actions against the U.S.C. 5304(c)). employees or for job applications. To obligors. (2) Providing military personnel and determine continued eligibility and help d. For the purposes of providing financial data to the Veterans Benefits eliminate fraud and abuse in benefit information to the Centers for Medicare Administration, DVA for the purpose of programs and to collect debts and over and Medicaid Services (CMS) to account determining initial eligibility and any payments owed to these programs. for the impact of DoD healthcare on changes in eligibility status to insure Information released includes name, local reimbursement rates for the proper payment of benefits for GI Bill Social Security Number, and military or Medicare Advantage program as education and training benefits by the civilian address of individuals. To required in 42 CFR 422.306. DVA under the Montgomery GI Bill detect fraud, waste and abuse pursuant 9. To the American Red Cross for (Title 10 U.S.C., Chapter 1606—Selected to the authority contained in the purposes of providing emergency Reserve and Title 38 U.S.C., Chapter Inspector General Act of 1978, as notification and assistance to members 30—Active Duty), the REAP educational amended (Pub. L. 95–452) for the of the Armed Forces, retirees, family benefit (Title 10 U.S.C, Chapter 1607), purpose of determining eligibility for, members or survivors. the National Call to Service enlistment and/or continued compliance with, any 10. To the Department of Veterans educational benefit (Title 10, Chapter Federal benefit program requirements. Affairs (DVA): 510), the Post 9/11 GI Bill (Title 38 15. To Federal and Quasi Federal a. To provide military personnel and U.S.C., Chapter 33) and the agencies, territorial, State and local pay and wounded, ill and injured transferability of education assistance to governments, and contractors and identification data for present and family members. The administrative grantees for the purpose of supporting former military personnel for the responsibilities designated to both research studies concerned with the purpose of evaluating use of veterans’ agencies by the law require that data be health and well being of active duty, benefits, validating benefit eligibility exchanged in administering the reserve, and retired personnel or and maintaining the health and well programs. veterans, to include family members. being of veterans and their family (3) Providing identification of reserve DMDC will disclose information from members. duty, including full time support this system of records for research b. To provide identifying military National Guard/Reserve military purposes when DMDC: personnel data to the DVA and its personnel, to the DVA, for the purpose a. Has determined that the use or insurance program contractor for the of deducting reserve time served from disclosure does not violate legal or
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policy limitations under which the members where to obtain absentee military members eligible for retired record was provided, collected, or ballots. pay; Foreign Affiliates; DoD OCONUS obtained; 20. To the Department of Homeland Hires; DoD Beneficiaries; Civilian b. Has determined that the research Security for the conduct of studies Retirees; Dependents; Members of the purpose (1) cannot be reasonably related to the health and well-being of general public treated for a medical accomplished unless the record is Coast Guard members and to emergency in a DoD Medical Facility; provided in individually identifiable authenticate and identify Coast Guard Emergency Contact Person; Care Givers; form, and (2) warrants the risk to the personnel. Prior Military Eligible for VA benefits. privacy of the individual that additional 21. To Coast Guard recruiters in the CATEGORIES OF RECORDS IN THE SYSTEM: exposure of the record might bring; performance of their assigned duties. Computer files containing c. Has required the recipient to (1) 22. To the Office of Personnel beneficiary’s name, Service or Social establish reasonable administrative, Management (OPM): Security Number (SSN), enrollment technical, and physical safeguards to To conduct computer matching number, relationship of beneficiary to prevent unauthorized use or disclosure programs regulated by the Privacy Act sponsor, residence address of of the record, and (2) remove or destroy of 1974, as amended (5 U.S.C. 552a), for beneficiary or sponsor, date of birth of the information that identifies the the purpose of: (1) Providing to OPM all reserve beneficiary, sex of beneficiary, branch of individual at the earliest time at which military members eligible for TRICARE Service of sponsor, dates of beginning removal or destruction can be Reserve Select (TRS) to be matched and ending eligibility, number of family accomplished consistent with the against the OPM Central Personnel Data members of sponsor, primary unit duty purpose of the research project, unless File (OPM/GOVT–1) for providing those location of sponsor, race and ethnic the recipient has presented adequate reserve military members that are also origin of beneficiary, occupation of justification of a research or health Federal civil service employees. This sponsor, rank/pay grade of sponsor, nature for retaining such information, disclosure by OPM will provide the DoD disability documentation; wounded, ill and (3) make no further use or with the FEHB eligibility and Federal and injured identification information; disclosure of the record except (A) in employment information necessary to Medicare eligibility and enrollment emergency circumstances affecting the determine continuing eligibility for the data, primary and secondary health or safety of any individual, (B) TRS program. Only those reservists not fingerprints and photographs of for use in another research project, eligible for FEHB are eligible for TRS beneficiaries, blood test results; under these same conditions, and with (Section 1076d of title 10).’’ Deoxyribonucleic Acid (DNA); dental written authorization of the Department, * * * * * care eligibility codes and dental x-rays. (C) for disclosure to a properly Catastrophic Cap and Deductible identified person for the purpose of an DMDC 02 DoD (CCD) transactions, including monetary audit related to the research project, if amounts; CHAMPUS/TRICARE claim information that would enable research SYSTEM NAME: records containing enrollee, participant subjects to be identified is removed or Defense Enrollment Eligibility and health care facility, provider data destroyed at the earliest opportunity Reporting System (DEERS) such as cause of treatment, amount of consistent with the purpose of the audit, SYSTEM LOCATION: payment, name and Social Security or or (D) when required by law; tax identification number of providers d. Has secured a written statement EDS—Service Management Center, 1075 West Entrance Drive, Auburn or potential providers of care; attesting to the recipients’ citizenship data/country of birth; civil Hills, MI 48326–2723. understanding of, and willingness to service employee employment abide by these provisions. CATEGORIES OF INDIVIDUALS COVERED BY THE information (agency and bureau, pay 16. To Federal and State agencies for SYSTEM: plan and grade, nature of action code purposes of obtaining socioeconomic Active duty members and other and nature of action effective date, information on Armed Forces personnel Uniformed Servicemembers, i.e. occupation series, dates of promotion so that analytical studies can be Department of Defense (DoD), Coast and expected return from overseas, conducted with a view to assessing the Guard, NOAA and USPHS; Reserve service computation date); claims data; present needs and future requirements Members; National Guard members; compensation data; contractor fee of such personnel. State National Guard Employees; payment data; date of separation of 17. To Federal and State agencies to Presidential appointees of all Federal former enlisted and officer personnel; validate demographic data (e.g., Social Government agencies; DoD and demographic data (kept on others Security Number, citizenship status, Uniformed Service civil service beyond beneficiaries) date of birth, date and place of birth, etc.) for employees, except Presidential home of record state, sex, race, individuals in DoD personnel and pay appointees; Disabled American education level; Department of Veterans files so that accurate information is veterans; DoD and Uniformed Service Affairs disability payment records; available in support of DoD contract employees; Former members digital signatures where appropriate to requirements. (Reserve service, discharged RR or SR assert validity of data; email (home/ 18. To the Bureau of Citizenship and following notification of retirement work); emergency contact information; Immigration Services, Department of eligibility); Medal of Honor recipients; immunization data; Information Homeland Security, for purposes of Non-DoD civil service employees; U.S. Assurance (IA) Work Force information; facilitating the verification of Military Academy Students; Non- language data; military personnel individuals who may be eligible for appropriated fund DoD and Uniformed information (rank, assignment/ expedited naturalization (Pub. L. 108– Service employees (NAF); Non-Federal deployment, length of service, military 136, Section 1701, and E.O. 13269, Agency Civilian associates, i.e. occupation, education, and benefit Expedited Naturalization). American Red Cross Emergency usage); pharmacy benefits; reason 19. To the Federal voting program to Services paid employees, Non-DoD leaving military service or DoD civilian provide unit and email addresses for the contract employees; Reserve retirees not service; Reserve member’s civilian purpose of notifying the military yet eligible for retired pay; Retired occupation and employment
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information; education benefit officials and employees, or authorized identity to gain physical or logical eligibility and usage; special military contractors, and other DoD Components access to government and contractor pay information; SGLI/FGLI; stored for personnel and manpower studies; facilities, locations, networks, or documents for proofing identity and and to assist in recruiting prior-service systems. association; workforces information (e.g. personnel. 7. To State and local child support Acquisition, First Responders); Privacy enforcement agencies for purposes of ROUTINE USES OF RECORDS MAINTAINED IN THE Act audit logs. providing information, consistent with SYSTEM, INCLUDING CATEGORIES OF USERS AND the requirements of 29 U.S.C. 1169(a), THE PURPOSES OF SUCH USES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 666(a)(19), and E.O. 12953 5 U.S.C. 301, Departmental In addition to those disclosures and in response to a National Medical Regulations; 10 U.S.C. Chapters 53, 54, generally permitted under 5 U.S.C. Support Notice (NMSN) (or equivalent 55, 58, and 75; 10 U.S.C. 136; 31 U.S.C. 552a(b) of the Privacy Act, these records notice if based upon the statutory 3512(c); 50 U.S.C. Chapter 23, Internal or information contained therein may authority for the NMSN), regarding the Security; DoD Directive 1341.1, Defense specifically be disclosed outside the military status of identified individuals Enrollment/Eligibility Reporting DoD as a routine use pursuant to 5 and whether, and for what period of System; DoD Instruction 1341.2, DEERS U.S.C. 552a(b)(3) as follows: time, the children of such individuals Procedures; 5 U.S.C. App. 3 (Pub. L. 95– 1. To the Social Security are or were eligible for DoD health care 452, as amended (Inspector General Act Administration (SSA) to perform coverage. NOTE: Information requested of 1978)); Pub. L. 106–265, Federal computer data matching against the SSA by the States is not disclosed when it Long-Term Care Insurance; 10 U.S.C. Wage and Earnings Record file for would contravene U.S. national policy 2358, Research and Development identifying employers of Department of or security interests (42 U.S.C. 653(e)). Projects; 42 U.S.C., Chapter 20, Defense (DoD) beneficiaries eligible for 8. To the Department of Health and Subchapter I–G, Registration and Voting health care. This employer data will in Human Services (HHS): by Absent Uniformed Services Voters turn be used to identify those employed a. For purposes of providing and Overseas Voters in Elections for beneficiaries who have employment- information, consistent with the Federal Office, Sec. 1973ff, Federal related group health insurance, to requirements of 42 U.S.C. 653 and in responsibilities; DoD Directive 1000.4, coordinate insurance benefits provided response to an HHS request, regarding Federal Voting Assistance Program by DoD with those provided by the the military status of identified (FVAP); Homeland Security Presidential other insurance. This information will individuals and whether, and for what Directive 12, Policy for a Common also be used to perform computer data period of time, the children of such Identification Standard for Federal matching against the SSA Master individuals are or were eligible for DoD Employees and Contractors; 38 CFR part Beneficiary Record file for identifying healthcare coverage. NOTE: Information 9.20, Traumatic injury protection, DoD beneficiaries eligible for health care requested by HHS is not disclosed when Servicemembers’ Group Life Insurance who are enrolled in the Medicare it would contravene U.S. national policy and Veterans’ Group Life Insurance and Program, to coordinate insurance or security interests (42 U.S.C. 653(e)). E.O. 9397 (SSN). benefits provided by DoD with those b. For purposes of providing provided by Medicare. information so that specified Medicare PURPOSE(S): 2. To the Office of Disability and determinations, specifically late The purpose of the system is to Income Security Programs wounded enrollment and waiver of penalty, can provide a database for determining military service members and veterans be made for eligible (1) DoD military eligibility to DoD entitlements and for the purpose of expediting disability retirees and (2) spouses (or former privileges; to support DoD health care processing. spouses) and/or dependents of either management programs; to provide 3. To other Federal agencies and state, military retirees or active duty military identification of deceased members; to local and territorial governments to personnel, pursuant to section 625 of record the issuance of DoD badges and identify fraud and abuse of the Federal the Medicare Prescription Drug, identification cards, i.e. Common agency’s programs and to identify Improvement, and Modernization Act of Access Cards (CAC) or beneficiary debtors and collect debts and 2002 (as codified at 42 U.S.C. 1395p and cards; and to detect fraud and abuse of overpayment in the DoD health care 1395r). the benefit programs by claimants and programs. c. To the Office of Child Support providers to include appropriate 4. To each of the fifty states and the Enforcement, Federal Parent Locator collection actions arising out of any District of Columbia for the purpose of Service, pursuant to 42 U.S.C. 653 and debts incurred as a consequence of such conducting an on going computer 653a; to assist in locating individuals for programs. matching program with state Medicaid the purpose of establishing parentage; To authenticate and identify DoD agencies to determine the extent to establishing, setting the amount of, affiliated personnel (e.g., contractors); to which state Medicaid beneficiaries may modifying, or enforcing child support assess manpower, support personnel be eligible for Uniformed Services obligations; or enforcing child custody and readiness functions; to perform health care benefits, including or visitation orders; the relationship to statistical analyses; identify current DoD CHAMPUS, TRICARE, and to recover a child receiving benefits provided by a civilian and military personnel for Medicaid monies from the CHAMPUS third party and the name and SSN of purposes of detecting fraud and abuse of program. those third party providers who have a benefit programs; to register current 5. To provide dental care providers legal responsibility. Identifying DoD civilian and military personnel and assurance of treatment eligibility. delinquent obligors will allow State their authorized dependents for 6. To Federal agencies and/or their Child Support Enforcement agencies to purposes of obtaining medical contractors, in response to their commence wage withholding or other examination, treatment or other benefits requests, for purposes of authenticating enforcement actions against the to which they are entitled; to ensure the identity of individuals who, obligors. benefit eligibility is retained after incident to the conduct of official d. For the purposes of providing separation from the military; business, present the Common Access information to the Centers for Medicare information will be used by agency Card or similar identification as proof of and Medicaid Services (CMS) to account
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for the impact of DoD healthcare on determining initial eligibility and any payments owed to these programs. local reimbursement rates for the changes in eligibility status to insure Information released includes name, Medicare Advantage program as proper payment of benefits for GI Bill Social Security Number, and military or required in 42 CFR 422.306. education and training benefits by the civilian address of individuals. To 9. To the American Red Cross for DVA under the Montgomery GI Bill detect fraud, waste and abuse pursuant purposes of providing emergency (Title 10 U.S.C., Chapter 1606—Selected to the authority contained in the notification and assistance to members Reserve and Title 38 U.S.C., Chapter Inspector General Act of 1978, as of the Armed Forces, retirees, family 30—Active Duty), the REAP educational amended (Pub. L. 95–452) for the members or survivors. benefit (Title 10 U.S.C, Chapter 1607), purpose of determining eligibility for, 10. To the Department of Veterans the National Call to Service enlistment and/or continued compliance with, any Affairs (DVA): educational benefit (Title 10, Chapter Federal benefit program requirements. a. To provide military personnel and 510), the Post 9/11 GI Bill (Title 38 15. To Federal and Quasi Federal pay and wounded, ill and injured U.S.C., Chapter 33) and the agencies, territorial, state and local identification data for present and transferability of education assistance to governments, and contractors and former military personnel for the family members. The administrative grantees for the purpose of supporting purpose of evaluating use of veterans’ responsibilities designated to both research studies concerned with the benefits, validating benefit eligibility agencies by the law require that data be health and well being of active duty, and maintaining the health and well exchanged in administering the reserve, and retired personnel or being of veterans and their family programs. veterans, to include family members. members. (3) Providing identification of reserve DMDC will disclose information from b. To provide identifying military duty, including full time support this system of records for research personnel data to the DVA and its National Guard/Reserve military purposes when DMDC: insurance program contractor for the personnel, to the DVA, for the purpose a. Has determined that the use or purpose of notifying separating eligible of deducting reserve time served from disclosure does not violate legal or Reservists of their right to apply for any DVA disability compensation paid policy limitations under which the Veteran’s Group Life Insurance coverage or waiver of VA benefit. The law (10 record was provided, collected, or under the Veterans Benefits U.S.C. 12316) prohibits receipt of obtained; Improvement Act of 1996 (38 U.S.C. reserve pay and DVA compensation for b. Has determined that the research 1968) and for DVA to administer the the same time period, however, it does purpose (1) cannot be reasonably Traumatic Servicemember’s Group Life permit waiver of DVA compensation to accomplished unless the record is Insurance (TSGLI) (Traumatic Injury draw reserve pay. provided in individually identifiable Protection Rider to Servicemember’s (4) Providing identification of former form, and (2) warrants the risk to the Group Life Insurance (TSGLI), 38 CFR active duty military personnel who privacy of the individual that additional part 9.20). received separation payments to the exposure of the record might bring; c. To register eligible veterans and DVA for the purpose of deducting such c. Has required the recipient to (1) their dependents for DVA programs. repayment from any DVA disability establish reasonable administrative, d. Providing identification of former compensation paid. The law requires technical, and physical safeguards to military personnel and survivor’s recoupment of severance payments prevent unauthorized use or disclosure financial benefit data to DVA for the before DVA disability compensation can of the record, and (2) remove or destroy purpose of identifying military retired be paid (10 U.S.C. 1174). the information that identifies the pay and survivor benefit payments for f. To provide identifying military individual at the earliest time at which use in the administration of the DVA’s personnel data to the DVA for the removal or destruction can be Compensation and Pension Program (38 purpose of notifying such personnel of accomplished consistent with the U.S.C. 5106). The information is to be information relating to educational purpose of the research project, unless used to process all DVA award actions assistance as required by the Veterans the recipient has presented adequate more efficiently, reduce subsequent Programs Enhancement Act of 1998 (38 justification of a research or health overpayment collection actions, and U.S.C. 3011 and 3034). nature for retaining such information, minimize erroneous payments. 11. To DoD Civilian Contractors and and (3) make no further use or e. To conduct computer matching grantees for the purpose of performing disclosure of the record except (A) in programs regulated by the Privacy Act research on manpower problems for emergency circumstances affecting the of 1974, as amended (5 U.S.C. 552a), for statistical analyses. health or safety of any individual, (B) the purposes of: 12. To consumer reporting agencies to for use in another research project, (1) Providing full identification of obtain current addresses of separated under these same conditions, and with active duty military personnel, military personnel to notify them of written authorization of the Department, including full time National Guard/ potential benefits eligibility. (C) for disclosure to a properly Reserve support personnel, for use in 13. To Defense contractors to monitor identified person for the purpose of an the administration of DVA’s the employment of former DoD audit related to the research project, if Compensation and Pension benefit employees and military members information that would enable research program. The information is used to subject to the provisions of 41 U.S.C. subjects to be identified is removed or determine continued eligibility for DVA 423. destroyed at the earliest opportunity disability compensation to recipients 14. To Federal and Quasi Federal consistent with the purpose of the audit, who have returned to active duty so that agencies, territorial, state, and local or (D) when required by law; benefits can be adjusted or terminated governments to support personnel d. Has secured a written statement as required and steps taken by DVA to functions requiring data on prior attesting to the recipients’ collect any resulting over payment (38 military service credit for their understanding of, and willingness to U.S.C. 5304(c)). employees or for job applications. To abide by these provisions. (2) Providing military personnel and determine continued eligibility and help 16. To Federal and State agencies for financial data to the Veterans Benefits eliminate fraud and abuse in benefit purposes of obtaining socioeconomic Administration, DVA for the purpose of programs and to collect debts and over information on Armed Forces personnel
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so that analytical studies can be characteristics and location and Service Center, Office of the Freedom of conducted with a view to assessing the demographic characteristics. Information, Washington Headquarters present needs and future requirements Information about individuals will not Services, 1155 Defense Pentagon, of such personnel. be distinguishable in summary Washington, DC 20301–1155. 17. To Federal and state agencies to retrievals. Retrievals for the purposes of Written requests should contain the validate demographic data (e.g., Social generating address lists for direct mail full name, Social Security Number Security Number, citizenship status, distribution may be made using (SSN), date of birth, and current address date and place of birth, etc.) for selection criteria based on geographic and telephone number of the individual. individuals in DoD personnel and pay and demographic keys. Individuals should provide the name files so that accurate information is and number of this system of records available in support of DoD SAFEGUARDS: notice so that your request can be tasked requirements. Computerized records are maintained to the appropriate OSD/JS office. This 18. To the Bureau of Citizenship and in a controlled area accessible only to section must also include a description Immigration Services, Department of authorized personnel. Entry to these of needed identifier so that the record Homeland Security, for purposes of areas is restricted to those personnel may be retrieved. facilitating the verification of with a valid requirement and CONTESTING RECORD PROCEDURES: individuals who may be eligible for authorization to enter. Physical entry is expedited naturalization (Pub. L. 108– restricted by the use of locks, guards, The OSD rules for accessing records, 136, Section 1701, and E.O. 13269, and administrative procedures (e.g., fire for contesting contents and appealing Expedited Naturalization). protection regulations). initial agency determinations are 19. To the Federal voting program to Access to personal information is published in OSD Administrative provide unit and e-mail addresses for restricted to those who require the Instruction 81; 32 CFR part 311; or may the purpose of notifying the military records in the performance of their be obtained from the Privacy Act members where to obtain absentee official duties, and to the individuals Officer, Office of Freedom of ballots. who are the subjects of the record or Information, Washington Headquarters 20. To the Department of Homeland their authorized representatives. Access Services, 1155 Defense Pentagon, Security for the conduct of studies to personal information is further Washington, DC 20301–1155. restricted by the use of passwords, related to the health and well-being of RECORD SOURCE CATEGORIES: Coast Guard members and to which are changed periodically. All Individuals, personnel, pay, and authenticate and identify Coast Guard individuals granted access to this benefit systems of the military and personnel. system of records is to have received civilian departments and agencies of the 21. To Coast Guard recruiters in the Information Assurance and Privacy Act Defense Department, the Coast Guard, performance of their assigned duties. training. 22. To the Office of Personnel the Public Health Service, the National RETENTION AND DISPOSAL: Management: Oceanic and Atmospheric To conduct computer matching Data is destroyed when superseded or Administration, Department of Veterans programs regulated by the Privacy Act when no longer needed for operational Affairs, and other Federal agencies. purposes, whichever is later. of 1974, as amended (5 U.S.C. 552a), for EXEMPTIONS CLAIMED FOR THE SYSTEM: the purpose of: SYSTEM MANAGER(S) AND ADDRESS: None. (1) Providing to OPM all reserve Deputy Director, Defense Manpower [FR Doc. E9–1237 Filed 1–21–09; 8:45 am] military members eligible for TRICARE Data Center, DoD Center Monterey Bay, BILLING CODE 5001–06–P Reserve Select (TRS) to matched against 400 Gigling Road, Seaside, CA 93955– the OPM Central Personnel Data File 6771. (OPM/GOVT–1) for providing those reserve military members that are also NOTIFICATION PROCEDURE: DEPARTMENT OF DEFENSE Federal civil service employees. This Individuals seeking to determine Office of the Secretary disclosure by OPM will provide the DoD whether information about themselves with the FEHB eligibility and Federal is contained in this system should [Docket ID DoD–2009–OS–0007] employment information necessary to address written inquiries to the Deputy determine continuing eligibility for the Director, Defense Manpower Data Privacy Act of 1974; Systems of TRS program. Only those reservists not Center, DoD Center Monterey Bay, 400 Records eligible for FEHB are eligible for TRS Gigling Road, Seaside, CA 93955–6771. AGENCY: Defense Logistics Agency, DoD. (Section 1076d of title 10). Written requests should contain the ACTION: Notice to Alter a System of full name, Social Security Number Records. POLICIES AND PRACTICES FOR STORING, (SSN), date of birth, and current address RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: and telephone number of the individual. SUMMARY: The Defense Logistics Agency Individuals should provide the name proposes to alter a system of records STORAGE: and number of this system of records notice in its existing inventory of Records are maintained on magnetic notice so that your request can be tasked records systems subject to the Privacy tapes and disks, and are housed in a to the appropriate OSD/JS office. This Act of 1974 (5 U.S.C. 552a), as amended. controlled computer media library. section must also include a description DATES: This proposed action will be of needed identifier so that the record RETRIEVABILITY: effective without further notice on may be retrieved. Records about individuals are February 23, 2009 unless comments are retrieved by an algorithm which uses RECORD ACCESS PROCEDURES: received which result in a contrary name, Social Security Number, date of Individuals seeking access to determination. birth, rank, and duty location as information about themselves contained ADDRESSES: Send comments to the possible inputs. Retrievals are made on in this system should address written Privacy Act Officer, Headquarters, summary basis by geographic inquiries to the OSD/JS FOIA Requester Defense Logistics Agency, Attn: DP,
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8725 John J. Kingman Road, Stop 2533, activities or facilities; or outside of those determine proper legal action, and Fort Belvoir, VA 22060–6221. areas in cases where DLA is or may be coordinate on all available remedies. FOR FURTHER INFORMATION CONTACT: Ms. a party of interest. Individuals or Information is released to DLA Jody Sinkler at (703) 767–5045. companies who purchase or seek to managers who use the information to SUPPLEMENTARY INFORMATION: The purchase excess or surplus personal determine actions required to correct Defense Logistics Agency systems of property from the Department of the causes of loss and to take records notices subject to the Privacy Defense (DOD) where that property is appropriate action against DLA Act of 1974, (5 U.S.C. 552a), as either U.S. Mention List or Commerce employees or contractors in cases of amended, have been published in the Control List property.’’ their involvement. Records are also used by DLA to monitor the progress of Federal Register and are available from CATEGORIES OF RECORDS IN THE SYSTEM: investigations, identify crime conducive the address above. Delete entry and replace with The proposed system reports, as conditions, and prepare crime ‘‘Individual’s name, address and vulnerability assessments/statistics.’’ required by 5 U.S.C. 552a(r), of the telephone number, Reports of Privacy Act of 1974, as amended, were Preliminary Inquiry, Criminal ROUTINE USES OF RECORDS MAINTAINED IN THE submitted on January 13, 2009, to the Information Reports, Reports of Referral, SYSTEM, INCLUDING CATEGORIES OF USERS AND House Committee on Oversight and Reports of Investigation, Police Incident THE PURPOSES OF SUCH USES: Government Reform, the Senate Reports, Trade Security Controls Delete entry and replace with ‘‘In Committee on Homeland Security and Assessment Records, Reports of Post addition to those disclosures generally Governmental Affairs, and the Office of Sale Investigation, Crime Vulnerability permitted under 5 U.S.C. 552a(b) of the Management and Budget (OMB) Assessments, Response to Leads, Privacy Act, these records or pursuant to paragraph 4c of Appendix I Reports of Outreach, Reports of information contained therein may to OMB Circular No. A–130, ‘Federal Corrective Action, invoices, sales specifically be disclosed outside the Agency Responsibilities for Maintaining contracts, messages, statements of DOD as a routine use pursuant to 5 Records About Individuals,’ dated witnesses, subjects, and victims, U.S.C. 552a(b)(3) as follows: February 8, 1996 (February 20, 1996, 61 photographs, laboratory reports, data To Federal, State, and local agencies FR 6427). collection reports, and other related having jurisdiction over or investigative Dated: January 13, 2009. papers by DLA Investigators, Security interest in the substance of the Morgan E. Frazier, Officers, Federal, State, and local law investigation, for corrective action, Alternate OSD Federal Register Liaison enforcement and investigative debarment, or reporting purposes. Officer, Department of Defense. agencies.’’ To Government contractors employing individuals who are subjects S500.20 DLA–I AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of an investigation. To DLA contractors or vendors when SYSTEM NAME: Delete entry and replace with ‘‘The Omnibus Crime Control Act of 1994; the investigation pertains to a person Criminal Incidents/Investigations File Section 21, Internal Security Act of 1950 they employ or to a product or service (February 22, 1993, 58 FR 10854). (Pub. L. 831, 81st Congress); DOD they provide to DOD when disclosure is CHANGES: Directive 5105.22, Defense Logistics necessary to accomplish or support Agency (32 CFR part 359); DOD corrective action. SYSTEM IDENTIFIER: Directive 5105.42, Defense Security The DoD ‘Blanket Routine Uses’ also Delete ‘‘DLA–I’’ from entry. Service (32 CFR part 361); DOD apply to this system of records.’’ SYSTEM NAME: Directive 7730.47, Defense Incident- * * * * * Based Reporting System; DOD Delete entry and replace with STORAGE: ‘‘Defense Logistics Agency Criminal Instruction 2030.8, Trade Security Delete entry and replace with ‘‘Paper Incident Reporting System Records.’’ Controls on DOD Excess and Surplus Personal Property; DOD Instruction records and electronic storage media.’’ SYSTEM LOCATION: 5240.4, Reporting of Counterintelligence * * * * * Delete entry and replace with and Criminal Violations; DOD SAFEGUARDS: ‘‘Enterprise Data Center East, 8180 Instruction 5505.2, Criminal Green Meadows Drive, Lewis Center, Investigations of Fraud Offenses; 28 Delete entry and replace with OH 43035–9605. Records may also be U.S.C. 534, Uniform Federal Crime ‘‘Physical entry is restricted by the use maintained within the DLA Offices that Reporting Act; 18 U.S.C. 922, Brady of guards, locks, and administrative use these records in the performance of Handgun Violence Prevention Act of procedures. Computer terminals are their official duties located at 1994; 42 U.S.C. 10601,Victim Rights and password controlled with system- Headquarters, Defense Logistics Agency, Restitution Act of 1990; 10 U.S.C. 1562, generated, forced password-change 8725 John J. Kingman Road, Fort Database on Domestic Violence protocols or also equipped with ‘Smart Belvoir, VA 22060–6221 and the DLA Incidents; and E.O. 9397 (SSN).’’ Card’ technology that requires the Field Activities.’’ insertion of an embedded identification PURPOSE(S): card and entry of a personal CATEGORIES OF INDIVIDUALS COVERED BY THE Delete entry and replace with identification number (PIN). In addition, SYSTEM: ‘‘Information in this system is used by computer screens lock after a preset Delete entry and replace with DLA Office of Investigations, DLA period of inactivity with re-entry ‘‘Civilian and military personnel of Offices of Public Safety, and the DLA controlled by passwording. DCIRS is DLA, contractor employees, and other Office of General Counsel personnel to also password controlled. Access to the persons who have committed or are monitor progress of cases and to database is limited to those DLA suspected of having committed, any develop non-personal statistical data on personnel who require the records in criminal act (felony or misdemeanor) or crime and criminal investigative the performance of their official duties. any violations of laws, regulations, or support for the future. The DLA General Employees are periodically briefed on ethical standards on DLA controlled Counsel also uses data to review cases, their responsibilities regarding privacy
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information. All individuals granted Controls Assessment Records, Reports CATEGORIES OF RECORDS IN THE SYSTEM: access to DCIRS is to have taken of Post Sale Investigation, Crime Individual’s name, address and Information Assurance and Privacy Act Vulnerability Assessments, Responses telephone number, Reports of training. Records and computerized files to Leads, Reports of Outreach, Reports Preliminary Inquiry, Criminal are maintained in areas accessible only of Corrective Action, Commander or Information Reports, Reports of Referral, to the DLA OI, DLA Offices of Public Director’s Reports of Corrective Action, Reports of Investigation, Police Incident Safety, and the DLA General Counsel invoices, sales contracts, messages, Reports, Trade Security Controls personnel.’’ statements of witnesses, subjects, and Assessment Records, Reports of Post victims, photographs, laboratory reports, Sale Investigation, Crime Vulnerability RETENTION AND DISPOSAL: data collection reports, and other related Assessments, Response to Leads, Delete entry and replace with papers by DLA Investigators, Security Reports of Outreach, Reports of ‘‘Disposition pending. Until the Officers, Federal, State, and local law Corrective Action, Commander or National Archives and Records enforcement and investigative Director’s Reports of Corrective Action, Administration has approved the agencies.’’ invoices, sales contracts, messages, retention and disposal of these records, statements of witnesses, subjects, and treat them as permanent.’’ EXEMPTIONS CLAIMED FOR THE SYSTEM: victims, photographs, laboratory reports, SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with ‘‘Parts data collection reports, and other related of this system may be exempt pursuant papers by DLA Investigators, Security Delete entry and replace with ‘‘Staff to 5 U.S.C. 552a(j)(2) if the information Officers, Federal, State, and local law Director, DLA Office of Investigations, is compiled and maintained by a enforcement and investigative agencies. Headquarters, Defense Logistics Agency, component of the agency that performs 8725 John J. Kingman Road, Stop 2358, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: as its principle function any activity Fort Belvoir, VA 22060–6221.’’ pertaining to the enforcement of The Omnibus Crime Control Act of NOTIFICATION PROCEDURE: criminal laws. 1994; Section 21, Internal Security Act An exemption rule for this system has of 1950 (Pub. L. 831, 81st Congress); Delete entry and replace with DOD Directive 5105.22, Defense ‘‘Individuals seeking to determine been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), Logistics Agency (32 CFR part 359); whether information about themselves DOD Directive 5105.42, Defense is contained in this system of records (2), and (3)(c) and (e) and is published at 32 CFR part 323. For more Security Service (32 CFR part 361); DOD should address written inquiries to the Directive 7730.47, Defense Incident- Privacy Act Office, Headquarters, information contact the system manager.’’ Based Reporting System; DOD Defense Logistics Agency, Attn: DGA, Instruction 2030.8, Trade Security 8725 John J. Kingman Road, Stop 2533, * * * * * Controls on DOD Excess and Surplus Fort Belvoir, VA 22060–6221. Personal Property; DOD Instruction Individual must provide full name, S500.20 5240.4, Reporting of Counterintelligence current address and telephone SYSTEM NAME: and Criminal Violations; DOD numbers.’’ Defense Logistics Agency Criminal Instruction 5505.2, Criminal RECORD ACCESS PROCEDURES: Incident Reporting System Records. Investigations of Fraud Offenses; 28 Delete entry and replace with U.S.C. 534, Uniform Federal Crime SYSTEM LOCATION: ‘‘Individuals seeking access to Reporting Act; 18 U.S.C. 922, Brady information about themselves contained Enterprise Data Center East, 8180 Handgun Violence Prevention Act of in this system of records should address Green Meadows Drive, Lewis Center, 1994; 42 U.S.C. 10601,Victim Rights and written inquiries to the Privacy Act OH 43035–9605. Records may also be Restitution Act of 1990; 10 U.S.C. 1562, Office, Headquarters, Defense Logistics maintained within the DLA Offices that Database on Domestic Violence Agency, Attn: DGA, 8725 John J. use these records in the performance of Incidents; and E.O. 9397 (SSN). their official duties located at Kingman Road, Stop 2533, Fort Belvoir, PURPOSE(S): VA 22060–6221. Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, Fort Information in this system is used by Individual must provide full name, DLA Office of Investigations, DLA current address and telephone Belvoir, VA 22060–6221 and the DLA Field Activities. Offices of Public Safety, and the DLA numbers.’’ Office of General Counsel personnel to CONTESTING RECORD PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE monitor progress of cases and to SYSTEM: Delete entry and replace with ‘‘The develop non-personal statistical data on DLA rules for accessing records, for Civilian and military personnel of crime and criminal investigative contesting contents and appealing DLA, contractor employees, and other support for the future. DLA General initial agency determinations are persons who have committed or are Counsel also uses data to review cases, contained in 32 CFR part 323, or may suspected of having committed, any determine proper legal action, and be obtained from the Privacy Act Office, criminal act (felony or misdemeanor) or coordinate on all available remedies. Headquarters, Defense Logistics Agency, any violations of laws, regulations, or Information is released to DLA Attn: DGA, 8725 John J. Kingman Road, ethical standards on DLA controlled managers who use the information to Stop 2533, Fort Belvoir, VA 22060– activities or facilities; or outside of those determine actions required to correct 6221.’’ areas in cases where DLA is or may be the causes of loss and to take a party of interest. Individuals or appropriate action against DLA RECORD SOURCE CATEGORIES: companies who purchase or seek to employees or contractors in cases of Delete entry and replace with purchase excess or surplus personal their involvement. Records are also used ‘‘Reports of Preliminary Inquiry, property from the Department of by DLA to monitor the progress of Criminal Information Reports, Reports Defense (DOD) where that property is investigations, identify crime conducive of Referral, Reports of Investigation, either U.S. Mention List or Commerce conditions, and prepare crime Police Incident Reports, Trade Security Control List property. vulnerability assessments/statistics.
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ROUTINE USES OF RECORDS MAINTAINED IN THE Safety, and the DLA General Counsel EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND personnel. Parts of this system may be exempt THE PURPOSES OF SUCH USES: pursuant to 5 U.S.C. 552a(j)(2) if the RETENTION AND DISPOSAL: In addition to those disclosures information is compiled and maintained generally permitted under 5 U.S.C. Disposition pending. Until the by a component of the agency that 552a(b) of the Privacy Act, these records National Archives and Records performs as its principle function any or information contained therein may Administration has approved the activity pertaining to the enforcement of specifically be disclosed outside the retention and disposal of these records, criminal laws. DOD as a routine use pursuant to 5 treat them as permanent. An exemption rule for this system has U.S.C. 552a(b)(3) as follows: SYSTEM MANAGER(S) AND ADDRESS: been promulgated in accordance with To Federal, State, and local agencies Staff Director, DLA Office of the requirements of 5 U.S.C. 553(b)(1), having jurisdiction over or investigative (2), and (3)(c) and (e) and is published interest in the substance of the Investigations, Headquarters, Defense Logistics Agency, 8725 John J. Kingman at 32 CFR part 323. For more investigation, for corrective action, information contact the system manager. debarment, or reporting purposes. Road, Stop 2358, Fort Belvoir, VA To Government contractors 22060–6221. [FR Doc. E9–1239 Filed 1–21–09; 8:45 am] BILLING CODE 5001–06–P employing individuals who are subjects NOTIFICATION PROCEDURE: of an investigation. Individuals seeking to determine To DLA contractors or vendors when whether information about themselves DEPARTMENT OF DEFENSE the investigation pertains to a person is contained in this system of records they employ or to a product or service should address written inquiries to the Office of the Secretary they provide to DOD when disclosure is Privacy Act Office, Headquarters, necessary to accomplish or support Defense Logistics Agency, Attn: DGA, [Docket ID DoD–2009–OS–0009] corrective action. 8725 John J. Kingman Road, Stop 2533, Privacy Act of 1974; Systems of The DOD ‘‘Blanket Routine Uses’’ also Fort Belvoir, VA 22060–6221. Records apply to this system of records. Individual must provide full name, POLICIES AND PRACTICES FOR STORING, current address and telephone numbers. AGENCY: Defense Logistics Agency, DoD. RETRIEVING, ACCESSING, RETAINING, AND RECORD ACCESS PROCEDURES: ACTION: Notice To Alter a System of DISPOSING OF RECORDS IN THE SYSTEM: Individuals seeking access to Records. STORAGE: information about themselves contained SUMMARY: The Defense Logistics Agency Paper records and electronic storage in this system of records should address proposes to alter a system of records media. written inquiries to the Privacy Act notice in its existing inventory of Office, Headquarters, Defense Logistics RETRIEVABILITY: records systems subject to the Privacy Agency, Attn: DGA, 8725 John J. Act of 1974 (5 U.S.C. 552a), as amended. Hardcopy records filed Kingman Road, Stop 2533, Fort Belvoir, chronologically by DLA case number VA 22060–6221. DATES: This proposed action will be and cross-indexed to individual or file Individual must provide full name, effective without further notice on name. Automated records are retrievable current address and telephone numbers. February 23, 2009, unless comments are by name of the individual or firm, DLA received which result in a contrary case number, DLA Field Activity CONTESTING RECORD PROCEDURES: determination. number or activity code, or keyword. The DLA rules for accessing records, ADDRESSES: Send comments to the for contesting contents, and appealing SAFEGUARDS: Privacy Act Officer, Headquarters, initial agency determinations are Defense Logistics Agency, Attn: DP, Physical entry is restricted by the use contained in 32 CFR part 323, or may of guards, locks, and administrative 8725 John J. Kingman Road, Stop 2533, be obtained from the Privacy Act Office, Fort Belvoir, VA 22060–6221. procedures. Computer terminals are Headquarters, Defense Logistics Agency, FOR FURTHER INFORMATION CONTACT: Ms. password controlled with system- Attn: DGA, 8725 John J. Kingman Road, Jody Sinkler at (703) 767–5045. generated, forced password-change Stop 2533, Fort Belvoir, VA 22060– protocols or also equipped with ‘‘Smart 6221. SUPPLEMENTARY INFORMATION: The Card’’ technology that requires the Defense Logistics Agency systems of insertion of an embedded identification RECORD SOURCE CATEGORIES: records notices subject to the Privacy card and entry of a personal Reports of Preliminary Inquiry, Act of 1974 (5 U.S.C. 552a), as amended, identification number (PIN). In addition, Criminal Information Reports, Reports have been published in the Federal computer screens lock after a preset of Referral, Reports of Investigation, Register and are available from the period of inactivity with re-entry Police Incident Reports, Trade Security address above. controlled by passwording. DCIRS is Controls Assessment Records, Reports The proposed system reports, as also password controlled. Access to the of Post Sale Investigation, Crime required by 5 U.S.C. 552a(r), of the database is limited to those DLA Vulnerability Assessments, Response to Privacy Act of 1974, as amended, were personnel who require the records in Leads, Reports of Outreach, Reports of submitted on January 13, 2009, to the the performance of their official duties. Corrective Action, Commander or House Committee on Oversight and Employees are periodically briefed on Director’s Reports of Corrective Action, Government Reform, the Senate their responsibilities regarding privacy invoices, sales contracts, messages, Committee on Homeland Security and information. All individuals granted statements of witnesses, subjects, and Governmental Affairs, and the Office of access to DCIRS is to have taken victims, photographs, laboratory reports, Management and Budget (OMB) Information Assurance and Privacy Act data collection reports, and other related pursuant to paragraph 4c of Appendix I training. Records and computerized files papers, by DLA Investigators, Security to OMB Circular No. A–130, ‘Federal are maintained in areas accessible only Officers, Federal, State, and local law Agency Responsibilities for Maintaining to the DLA OI, DLA Offices of Public enforcement and investigative agencies. Records About Individuals,’ dated
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February 8, 1996 (February 20, 1996, 61 U.S.C. 552, Freedom of Information Act; after 6 years if not appealed; FOIA FR 6427). and 5 U.S.C. 552a, The Privacy Act of appeal files are destroyed 6 years after Dated: January 13, 2009. 1974 (as amended).’’ final determination by agency, or 6 years after the time at which a requester Morgan E. Frazier, PURPOSE(S): could file suit, or 3 years after Alternate OSD Federal Register Liaison Delete entry and replace with ‘‘This Officer, Department of Defense. adjudication by courts, whichever is system is maintained for the purpose of later. processing access requests and S180.30 DSCR Privacy Act Requests—Requests administrative appeals under the FOIA, totally granted are destroyed 2 years SYSTEM NAME: access and amendment requests and after date of reply; requests totally or FOIA and Privacy Act Request administrative appeals under the partially denied and not appealed are Tracking System (November 16, 2004, Privacy Act; for the purpose of destroyed 5 years after date of reply; 69 FR 67112). participating in litigation regarding requests totally or partially denied and agency action on such requests and CHANGES: appealed are destroyed 4 years after appeals; and for the purpose of assisting final determination by agency or 3 years SYSTEM IDENTIFIER: the Defense Logistics Agency in carrying after final adjudication by courts, Delete entry and replace with out any other responsibilities under the whichever is later.’’ ‘‘S510.30.’’ FOIA and the Privacy Act.’’
SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with SYSTEM, INCLUDING CATEGORIES OF USERS AND Delete entry and replace with ‘‘Chief ‘‘Freedom of Information Act/Privacy THE PURPOSES OF SUCH USES: Privacy and FOIA Officer, FOIA/Privacy Act Requests and Administrative Add a new paragraph as follows: Act Office, Headquarters, Defense Appeal Records.’’ ‘‘Information from this system may be Logistics Agency, Attn: DGA, 8725 John SYSTEM LOCATION: provided to other Federal, state, and J. Kingman Road, Suite 1644, Fort local agencies when it is necessary to Delete entry and replace with Belvoir, VA 22060–6221.’’ coordinate responses or denials.’’ ‘‘Freedom of Information Act/Privacy NOTIFICATION PROCEDURE: Act Office, Headquarters, Defense * * * * * Logistics Agency, Attn: DGA, 8725 John STORAGE: Delete entry and replace with ‘‘Individuals seeking to determine J. Kingman Road, Suite 1644, Fort Delete entry and replace with whether information about themselves Belvoir, VA 22060–6221 and the FOIA/ ‘‘Records may be stored on paper and/ is contained in this system should PA Offices of the DLA Field Activities. or on electronic media.’’ Mailing addresses for the DLA Field address written inquiries to the DLA Activities may be obtained from the RETRIEVABILITY: Activity to which the initial request was System manager.’’ Delete entry and replace with addressed and/or directed or you may submit your request to the Privacy Act CATEGORIES OF INDIVIDUALS COVERED BY THE ‘‘Records are retrieved by the name of Office, Headquarters, Defense Logistics SYSTEM: the requester or appellant; the number assigned to the request or appeal; and in Agency, Attn: DGA, 8725 John J. Delete entry and replace with Kingman Road, Suite 1644, Fort Belvoir, ‘‘Individuals who submit Freedom of some instances may be retrieved by the VA 22060–6221. Information Act (FOIA) and Privacy Act name of the attorney representing the (PA) requests, or FOIA/PA requester or appellant, or the name of an Inquiry should contain the requester’s administrative appeals; individuals individual who is the subject of such a full name, individual’s full name who is whose requests and/or records have request or appeal.’’ the subject of the record if different from the requester, current address, been referred to the Defense Logistics SAFEGUARDS: telephone number, a description of the Agency by other agencies; and in some Delete entry and replace with instances includes attorneys records sought, and correspondence ‘‘Information in this system is tracking number, if known.’’ representing individuals submitting safeguarded in accordance with such requests and appeals, or applicable laws, rules, and policies. RECORD ACCESS PROCEDURES: individuals who are the subjects of such Access is limited to those officers and requests and appeals.’’ Delete entry and replace with employees of the agency who have an ‘‘Individuals seeking access to CATEGORIES OF RECORDS IN THE SYSTEM: official need for access in order to information about themselves under the perform their duties. Access is further Delete entry and replace with Privacy Act contained in this system restricted by the use of a two-factor ‘‘Records created or compiled in should address written inquiries to the authentication process (common access response to FOIA and Privacy Act DLA Activity to which the initial card and registered login name). requests and administrative appeals and request was addressed and/or directed Physical entry is restricted by the use of includes the original requests and or you may submit your request to the locks, guards, and administrative administrative appeals; responses to Privacy Act Office, Headquarters, procedures. Employees are periodically such requests and administrative Defense Logistics Agency, Attn: DGA, briefed on the consequences of appeals; all related memoranda, 8725 John J. Kingman Road, Suite 1644, improperly accessing restricted correspondence, notes, and other related Fort Belvoir, VA 22060–6221. or supporting documentation; and, in databases.’’ some instances, copies of requested Inquiry should contain the requester’s RETENTION AND DISPOSAL: records and records under full name, individual’s full name who is administrative appeal.’’ Delete entry and replace with the subject of the record if different from ‘‘Freedom of Information Act the requester, current address, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Requests—Full disclosure files are telephone number, a description of the Delete entry and replace with ‘‘5 destroyed 2 years after date of reply; records sought, and correspondence U.S.C. 301, Departmental Regulations; 5 FOIA request denial files are destroyed tracking number, if known.’’
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CONTESTING RECORD PROCEDURES: individuals who are the subjects of such SAFEGUARDS: Delete entry and replace with ‘‘The requests and appeals. Information in this system is DLA rules for accessing records, for CATEGORIES OF RECORDS IN THE SYSTEM: safeguarded in accordance with contesting contents,* and appealing applicable laws, rules, and policies. initial agency determinations are Records created or compiled in response to FOIA and Privacy Act Access is limited to those officers and contained in 32 CFR part 323, or may employees of the agency who have an be obtained from the Privacy Act Office, requests and administrative appeals and includes the original requests and official need for access in order to Headquarters, Defense Logistics Agency, perform their duties. Access is further Attn: DGA, 8725 John J. Kingman Road, administrative appeals; responses to such requests and administrative restricted by the use of a two-factor Suite 1644, Fort Belvoir, VA 22060– authentication process (Common Access 6221.’’ appeals; all related memoranda, correspondence, notes, and other related Card and registered login name). or supporting documentation; and, in Physical entry is restricted by the use of —————— locks, guards, and administrative * Some information may be exempt from some instances, copies of requested contesting record procedures. records and records under procedures. Employees are periodically administrative appeal. briefed on the consequences of * * * * * improperly accessing restricted EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: databases. 5 U.S.C. 301, Departmental Delete entry and replace with ‘‘During RETENTION AND DISPOSAL: the course of a FOIA/Privacy Act action, Regulations; 5 U.S.C. 552, Freedom of exempt materials from other systems of Information Act; and 5 U.S.C. 552a, The Freedom of Information Act records may become part of the case Privacy Act of 1974 (as amended). Requests—Full disclosure files are destroyed 2 years after date of reply; records in this system of records. To the PURPOSE(S): extent that copies of exempt records FOIA request denial files are destroyed This system is maintained for the after 6 years if not appealed; FOIA from those ‘other’ systems of records are purpose of processing access requests entered into these PA case records, appeal files are destroyed 6 years after and administrative appeals under the final determination by agency, or 6 Defense Logistics Agency hereby claims FOIA, access and amendment requests the same exemptions for the records as years after the time at which a requester and administrative appeals under the could file suit, or 3 years after claimed in the original primary systems Privacy Act; for the purpose of of records which they are a part. adjudication by courts, whichever is participating in litigation regarding later. An exemption rule for this system has agency action on such requests and Privacy Act Requests—Requests been promulgated in accordance with appeals; and for the purpose of assisting totally granted are destroyed 2 years requirements of 5 U.S.C. 553(b)(1), (2), the Defense Logistics Agency in carrying after date of reply; requests totally or and (3), (c), and (e) and published in 32 out any other responsibilities under the partially denied and not appealed are CFR part 323. For additional FOIA and the Privacy Act. information contact the System destroyed 5 years after date of reply; manager.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE requests totally or partially denied and * * * * * SYSTEM, INCLUDING CATEGORIES OF USERS AND appealed are destroyed 4 years after THE PURPOSES OF SUCH USES: final determination by agency or 3 years S510.30 In addition to those disclosures after final adjudication by courts, generally permitted under 5 U.S.C. whichever is later. SYSTEM NAME: 552a(b) of the Privacy Act, these records Freedom of Information Act/Privacy or information contained therein may SYSTEM MANAGER(S) AND ADDRESS: Act Requests and Administrative specifically be disclosed outside the Chief Privacy and FOIA Officer, Appeal Records. DOD as a routine use pursuant to 5 FOIA/Privacy Act Office, Headquarters, U.S.C. 552a(b)(3) as follows: SYSTEM LOCATION: Defense Logistics Agency, Attn: DGA, Information from this system may be 8725 John J. Kingman Road, Suite 1644, Freedom of Information Act/Privacy provided to other Federal, state, and Fort Belvoir, VA 22060–6221. Act Office, Headquarters, Defense local agencies when it is necessary to Logistics Agency, Attn: DGA, 8725 John coordinate responses or denials. NOTIFICATION PROCEDURE: J. Kingman Road, Suite 1644, Fort The DoD ‘‘Blanket Routine Uses’’ Individuals seeking to determine Belvoir, VA 22060–6221 and the FOIA/ apply to this system of records. PA Offices of the DLA Field Activities. whether information about them is Mailing addresses for the DLA Field POLICIES AND PRACTICES FOR STORING, contained in this system should address Activities may be obtained from the RETRIEVING, ACCESSING, RETAINING AND written inquiries to the DLA Activity to DISPOSING OF RECORDS IN THE SYSTEM: System manager. which the initial request was addressed STORAGE: and/or directed or you may submit your CATEGORIES OF INDIVIDUALS COVERED BY THE request to the Privacy Act Office, Records may be stored on paper and/ SYSTEM: Headquarters, Defense Logistics Agency, or on electronic media. Individuals who submit Freedom of Attn: DGA, 8725 John J. Kingman Road, Information Act (FOIA) and Privacy Act RETRIEVABILITY: Suite 1644, Fort Belvoir, VA 22060– (PA) requests, or FOIA/PA Records are retrieved by the name of 6221. administrative appeals; individuals the requester or appellant; the number Inquiry should contain the requester’s whose requests and/or records have assigned to the request or appeal; and in full name, individual’s full name who is been referred to the Defense Logistics some instances may be retrieved by the the subject of the record if different from Agency by other agencies; and in some name of the attorney representing the the requester, current address, instances includes attorneys requester or appellant, or the name of an telephone number, a description of the representing individuals submitting individual who is the subject of such a records sought, and correspondence such requests and appeals, or request or appeal. tracking number, if known.
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RECORD ACCESS PROCEDURES: information contact the System SYSTEM LOCATION: Individuals seeking access to manager. Delete entry and replace with ‘‘Air information about themselves under the [FR Doc. E9–1246 Filed 1–21–09; 8:45 am] Force Personnel Center, Enlisted Promotion and Military Testing Branch Privacy Act contained in this system BILLING CODE 5001–06–P should address written inquiries to the (HQ AFPC/DPSOE), 550 C Street West, DLA Activity to which the initial Randolph Air Force Base, TX 78150– request was addressed and/or directed DEPARTMENT OF DEFENSE 4711.’’ or you may submit your request to the CATEGORIES OF INDIVIDUALS COVERED BY THE Privacy Act Office, Headquarters, Department of the Air Force SYSTEM: Defense Logistics Agency, Attn: DGA, Delete entry and replace with ‘‘Active 8725 John J. Kingman Road, Suite 1644, [Docket ID USAF–2009–0005] duty airmen in grades E–4 through E– Fort Belvoir, VA 22060–6221. 8, Senior Airman to Senior Master Inquiry should contain the requester’s Privacy Act of 1974; System of Sergeant.’’ Records full name, individual’s full name who is * * * * * the subject of the record if different from AGENCY: Department of the Air Force, the requester, current address, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DoD. telephone number, a description of the Delete entry and replace with ‘‘10 records sought, and correspondence ACTION: Notice to amend a system of U.S.C. 8013, Secretary of the Air Force; tracking number, if known. records. Air Force Instruction 36–2605, Air Force Military Personnel Testing CONTESTING RECORD PROCEDURES: SUMMARY: The Department of Air Force proposes to amend a system of records System, Chapter 1 and Attachment 9 The DLA rules for accessing records, to its inventory of record systems and E.O. 9397 (SSN).’’ for contesting contents,* and appealing subject to the Privacy Act of 1974 (5 initial agency determinations are PURPOSE(S): U.S.C. 552a), as amended. contained in 32 CFR part 323, or may Delete entry and replace with ‘‘Used be obtained from the Privacy Act Office, DATES: The changes will be effective on by Air Force Personnel Center/Enlisted Headquarters, Defense Logistics Agency, February 23, 2009 unless comments are Promotions (AFPC/DPSOE) to score Attn: DGA, 8725 John J. Kingman Road, received that would result in a contrary tests. The percent correct score on the Suite 1644, Fort Belvoir, VA 22060– determination. Specialty Knowledge Test, Promotion 6221. ADDRESSES: Send comments to the Air Fitness Examination and United States —————— Force Privacy Act Officer, Office of Air Force Supervisory Examination, are * Some information may be exempt from Warfighting Integration and Chief weighted factors in the Weighted contesting record procedures. Information Officer, SAF/XCPPI, 1800 Airman Promotion System to advance Air Force Pentagon, Washington, DC airmen (E–4 to E–8) to the next higher RECORD SOURCE CATEGORIES: 20330–1800. enlisted grade. The percent correct score Data is provided by the record subject, FOR FURTHER INFORMATION CONTACT: Mr. on the United States Air Force the FOIA/Privacy Act staff, and program Kenneth Brodie at (703) 696–6488. Supervisory Examination is used as an software. Those individuals who submit eligibility criterion for promotion to SUPPLEMENTARY INFORMATION: The grade E–8 and E–9.’’ initial requests and administrative Department of the Air Force systems of appeals pursuant to the FOIA and the records notices subject to the Privacy * * * * * Privacy Act; the agency records Act of 1974, (5 U.S.C. 552a), as STORAGE: searched in the process of responding to amended, have been published in the such requests and appeals; other Delete entry and replace with Federal Register and are available from ‘‘Maintained in visible file binders/ agencies or entities that have referred to the address above. the Defense Logistics Agency requests cabinets and electronic storage media.’’ The specific changes to the record * * * * * concerning Defense Logistics Agency system being amended are set forth records, or that have consulted with the below followed by the notice, as SYSTEM MANAGER(S) AND ADDRESS: Defense Logistics Agency regarding the amended, published in its entirety. The Delete entry and replace with ‘‘Chief, handling of particular requests. proposed amendments are not within Air Force Personnel Center, Enlisted EXEMPTIONS CLAIMED FOR THE SYSTEM: the purview of subsection (r) of the Promotion and Military Testing Branch Privacy Act of 1974, (5 U.S.C. 552a), as (HQ AFPC/DPSOE), 550 C Street West, During the course of a FOIA/Privacy amended, which requires the Randolph Air Force Base, TX 78150– Act action, exempt materials from other submission of a new or altered system 4711.’’ systems of records may become part of report. the case records in this system of NOTIFICATION PROCEDURE: records. To the extent that copies of Dated: January 13, 2009. Delete entry and replace with exempt records from those ‘‘other’’ Morgan E. Frazier, ‘‘Individuals seeking to determine systems of records are entered into these Alternate OSD Federal Register Liaison whether this system of records contains FOIA/PA case records, Defense Logistics Officer, Department of Defense. information on themselves should Agency hereby claims the same F036 AFPC N address written inquiries to Chief, Air exemptions for the records as claimed in Force Personnel Center, Enlisted the original primary systems of records SYSTEM NAME: Promotion and Military Testing Branch which they are a part. Air Force Personnel Test 851, Test (HQ AFPC/DPSOE), 550 C Street West, An exemption rule for this system has Answer Sheets (June 11, 1997, 62 FR Randolph Air Force Base, TX 78150– been promulgated in accordance with 31793). 4711. requirements of 5 U.S.C. 553(b)(1), (2), Request should contain full name, and (3), (c), and (e) and published in 32 CHANGES: address, Social Security Number (SSN) CFR part 323. For additional * * * * * and a notary certified signature.’’
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RECORD ACCESS PROCEDURES: Force Supervisory Examination is used Enlisted Promotions Office at one of the Delete entry and replace with as an eligibility criterion for promotion 85 Air Force installations in Overseas or ‘‘Individuals seeking access to to grade E–8 and E–9. Continental United States locations. information about themselves contained Individual should provide their full ROUTINE USES OF RECORDS MAINTAINED IN THE in this system of records should address name, address, Social Security Number SYSTEM, INCLUDING CATEGORIES OF USERS AND and a notary certified signature. written inquiries to the appropriate THE PURPOSES OF SUCH USES: Military Personnel Element (MPE) In addition to those disclosures CONTESTING RECORD PROCEDURES: Enlisted Promotions Office at one of the generally permitted under 5 U.S.C. 85 Air Force installations in Overseas or The Air Force rules for accessing 552a(b) of the Privacy Act, these records Continental United States locations. records, and for contesting contents and or information contained therein may Individual should provide their full appealing initial agency determinations specifically be disclosed outside the name, address, Social Security Number are published in Air Force Instruction DoD as a routine use pursuant to 5 and a notary certified signature.’’ 37–132; 32 CFR part 806b; or may be U.S.C. 552a(b)(3) as follows: obtained from the system manager. * * * * * The ‘Blanket Routine Uses’ published RECORD SOURCE CATEGORIES: RECORD SOURCE CATEGORIES: at the beginning of the Air Force’s Promotion Tests Answer Sheets are Delete entry and replace with compilation of systems of records notices apply to this system. collected from all eligible active duty ‘‘Promotion Tests Answer Sheets are enlisted personnel, in the grades E–4 to collected from all eligible active duty POLICIES AND PRACTICES FOR STORING, E–8, Senior Airman to Senior Master enlisted personnel, in the grades E–4 to RETRIEVING, ACCESSING, RETAINING, AND Sergeant, who complete the required E–8, Senior Airman to Senior Master DISPOSING OF RECORDS IN THE SYSTEM: tests. Sergeant, who complete the required STORAGE: tests.’’ EXEMPTIONS CLAIMED FOR THE SYSTEM: Maintained in visible file binders/ * * * * * Parts of this system may be exempt cabinets and electronic storage media. under 5 U.S.C. 552a(k)(6). F036 AFPC N RETRIEVABILITY: An exemption rule for this record system has been promulgated in SYSTEM NAME: Retrieved by Electronic Scanner Index accordance with the requirements of 5 Air Force Personnel Test 851, Test Number (cross-referenced to Social Security Number). U.S.C. 553(b)(1), (2), and (3), (c) and (e) Answer Sheets and published in 32 CFR part 806b. For SYSTEM LOCATION: SAFEGUARDS: additional information contact the Air Force Personnel Center, Enlisted Records are accessed by person(s) system manager. Promotion and Military Testing Branch responsible for servicing the record [FR Doc. E9–1226 Filed 1–21–09; 8:45 am] (HQ AFPC/DPSOE), 550 C Street West, system in performance of their official BILLING CODE 5001–06–P Randolph Air Force Base, TX 78150– duties. Records are stored in vaults. 4711. RETENTION AND DISPOSAL: DEPARTMENT OF DEFENSE CATEGORIES OF INDIVIDUALS COVERED BY THE Maintained for 12 months following SYSTEM: completion of promotion cycle for Department of the Air Force Active duty airmen in grades E–4 which member was tested, then through E–8, Senior Airman to Senior destroyed by burning or shredding. [Docket ID USAF–2009–0007] Master Sergeant. SYSTEM MANAGER(S) AND ADDRESS: Privacy Act of 1974; System of CATEGORIES OF RECORDS IN THE SYSTEM: Chief, Air Force Personnel Center, Records Item responses (answers) for Specialty Enlisted Promotion and Military Testing AGENCY: Department of the Air Force, Knowledge Tests (SKT), Promotion Branch (HQ AFPC/DPSOE), 550 C Street DoD. Fitness Examinations (PFE) and United West, Randolph Air Force Base, TX ACTION: Notice to Amend a System of States Air Force Supervisory 78150–4711. Records. Examinations (USAFSE). NOTIFICATION PROCEDURE: SUMMARY: The Department of Air Force AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking to determine proposes to amend a system of records 10 U.S.C. 8013, Secretary of the Air whether this system of records contains to its inventory of record systems Force; Air Force Instruction 36–2605, information on themselves should subject to the Privacy Act of 1974 (5 Air Force Military Personnel Testing address written inquiries to Chief, Air U.S.C. 552a), as amended. System, Chapter 1 and Attachment 9 Force Personnel Center, Enlisted DATES: The changes will be effective on and E.O. 9397 (SSN). Promotion and Military Testing Branch February 23, 2009 unless comments are (HQ AFPC/DPSOE), 550 C Street West, PURPOSE(S): received that would result in a contrary Randolph Air Force Base, TX 78150– determination. Used by Air Force Personnel Center/ 4711. ADDRESSES: Send comments to the Air Enlisted Promotions (AFPC/DPSOE) to Request should contain full name, Force Privacy Act Officer, Office of score tests. The percent correct score on address, Social Security Number (SSN) Warfighting Integration and Chief the Specialty Knowledge Test, and a notary certified signature. Promotion Fitness Examination and Information Officer, SAF/XCPPI, 1800 United States Air Force Supervisory RECORD ACCESS PROCEDURES: Air Force Pentagon, Washington, DC Examination, are weighted factors in the Individuals seeking access to 20330–1800. Weighted Airman Promotion System to information about themselves contained FOR FURTHER INFORMATION CONTACT: Mr. advance airmen (E–4 to E–8) to the next in this system of records should address Kenneth Brodie at (703) 696–6488. higher enlisted grade. The percent written inquiries to the appropriate SUPPLEMENTARY INFORMATION: The correct score on the United States Air Military Personnel Element (MPE) Department of the Air Force systems of
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records notices subject to the Privacy RECORD ACCESS PROCEDURES: assigned to organization, estimated date Act of 1974 (5 U.S.C. 552a), as amended, Delete entry and replace with of departure, control tour code, have been published in the Federal ‘‘Individuals seeking to access records assignment availability date, overseas Register and are available from the about themselves contained in this tour start date, short tour return date, address above. system should address requests to the supervisor’s name and date supervision The specific changes to the record respective unit commander or began. system being amended are set forth supervisor who maintains the records. Performance data, i.e. date of last below followed by the notice, as Official mailing addresses are published report and date next report due. amended, published in its entirety. The as an appendix to the Air Force’s May also contain limited routine proposed amendments are not within compilation of record systems notices. administrative training information the purview of subsection (r) of the Requests should contain individual’s consisting of application for training, Privacy Act of 1974, (5 U.S.C. 552a), as name and Social Security Number name and date of course completion, amended, which requires the (SSN).’’ and educational level, when not filed in submission of a new or altered system * * * * * a separate system. report. F036 AF A Limited routine correspondence on Dated: January 13, 2009. promotions, military honors and Morgan E. Frazier, SYSTEM NAME: awards, security and letters of Alternate OSD Federal Register Liaison Biographical Data and Automated appreciation, when not filed in a Officer, Department of Defense. Personnel Management System separate system. SYSTEM LOCATION: F036 AF A AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Headquarters United States Air Force; SYSTEM NAME: headquarters of major commands; field 10 U.S.C. 8013, Secretary of the Air Biographical Data and Automated operating agencies; direct reporting Force and E.O. 9397 (SSN). Personnel Management System units; headquarters of combatant PURPOSE(S): (November 18, 2004, 69 FR 67550) commands for which Air Force is Executive Agent, and all Air Force This system is established as a CHANGES: installations and units. Official mailing management tool to provide * * * * * addresses are published as an appendix commanders and supervisors with ready to the Air Force’s compilation of record reference information file for managing CATEGORIES OF INDIVIDUALS COVERED BY THE systems notices. their personnel, manpower and SYSTEM: resources. Delete entry and replace with ‘‘Active CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: To assist in determining and duty Air Force military, Air Force scheduling workload requirements in Reserve and Air National Guard Active duty Air Force military, Air Force Reserve and Air National Guard support of their organization’s assigned personnel. Air Force civilian employees mission. and contractors, Army, Navy, and personnel. Air Force civilian employees This system serves a ready reference Marine Corps Active duty military and and contractors, Army, Navy, and locator and can be used to produce civilian personnel may be included Marine Corps Active duty military and manpower reports. when assigned to combatant commands civilian personnel may be included for which Air Force is the Executive when assigned to combatant commands Used to determine eligibility/ Agent. Records may be maintained in for which Air Force is the Executive suitability for assignment/reassignment; this system on personnel in a Agent. Records may be maintained in determine eligibility for retirement Temporary Duty (TDY) status for the this system on personnel in a related action, to make determinations duration of the TDY.’’ Temporary Duty (TDY) status for the on discharges or mobilization, duration of the TDY. deferments, and fulfillment of local or * * * * * statutory requirements. CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Records maintained as a historical file Biographical information which may while individual is assigned to the unit. Delete entry and replace with include name, rank, Social Security ‘‘Department of Air Force, Air Force Number, service dates, date of birth, Used to answers correspondence/ Research Laboratory, Phillips Research civilian employment, military and telephone inquiries; updating and/or Site, Information Requirements, AFRL/ civilian education, military and civilian changing information in computer and/ RVIR; 3550 Aberdeen Ave., SE. Kirtland experience, program specialties, or individual record. AFB, NM.’’ hobbies, professional expertise and ROUTINE USES OF RECORDS MAINTAINED IN THE appointments, membership in NOTIFICATION PROCEDURE: SYSTEM, INCLUDING CATEGORIES OF USERS AND professional societies, civic activities, THE PURPOSES OF SUCH USES: Delete entry and replace with state of license, and limited medical/ ‘‘Individuals seeking to determine immunization information for personnel In addition to those disclosures whether information about themselves readiness. generally permitted under 5 U.S.C. is contained in this system should Limited locator type information 552a(b) of the Privacy Act, these records address inquiries to the respective unit which may include home address, home or information contained therein may commander or supervisor who phone, home of record and name and specifically be disclosed outside the maintains the records. Official mailing address of next of kin. DoD as a routine use pursuant to 5 addresses are published as an appendix Records relating to assignment to U.S.C. 552a(b)(3) as follows: to the Air Force’s compilation of record include unit of assignment, authorized The DoD ‘Blanket Routine Uses’ systems notices. and assigned grade, duty title, duty Air published at the beginning of the Air Requests should contain individual’s Force Specialty Code and Military Force’s compilation of systems of name and Social Security Number.’’ Occupation Code, position number, date records notices apply to this system.
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POLICIES AND PRACTICES FOR STORING, CONTESTING RECORD PROCEDURES: Dated: January 13, 2009. RETRIEVING, ACCESSING, RETAINING, AND The Air Force rules for accessing Morgan E. Frazier, DISPOSING OF RECORDS IN THE SYSTEM: records, and for contesting contents and Alternate OSD Federal Register Liaison STORAGE: appealing initial agency determinations Officer, Department of Defense. Paper records in file folders and are published in Air Force Instruction F036 AF PC D electronic storage media. 33–332; 32 CFR part 806b; or may be obtained from the system manager. SYSTEM NAME: RETRIEVABILITY: RECORD SOURCE CATEGORIES: Officer Performance Report (OPR)/ Retrieved by name and/or Social Enlisted Performance Report (EPR) Security Number. The individual, personnel or training records and records created by Appeal Case Files (June 11, 1997, 62 FR SAFEGUARDS: commander/supervisor. 31793). Records are accessed by person(s) EXEMPTIONS CLAIMED FOR THE SYSTEM: CHANGES: responsible for servicing the record system in performance of their official None. * * * * * duties and by authorized personnel who [FR Doc. E9–1229 Filed 1–21–09; 8:45 am] SYSTEM LOCATION: are properly screened and cleared for BILLING CODE 5001–06–P need to know. Records are stored in Delete entry and replace with locked rooms and cabinets. Those in ‘‘Headquarters Air Force Personnel computer storage devices are protected DEPARTMENT OF DEFENSE Center (HQ AFPC), Randolph Air Force by computer system software. Base, TX 78150–4709; Headquarters Air Department of the Air Force Reserve Personnel Center (HQ ARPC), RETENTION AND DISPOSAL: Denver, CO 80280–5000; and Military Retain in office files until superseded, [Docket ID USAF–2009–0003] Personnel Flights (MPFs). Official obsolete, no longer needed for reference, mailing addresses are published as an reassignment, separation or retirement Privacy Act of 1974; System of appendix to the Air Force’s compilation of the individual or inactivation of the Records of record systems notices.’’ organization. Records on TDY personnel AGENCY: will be destroyed upon completion of Department of the Air Force, CATEGORIES OF INDIVIDUALS COVERED BY THE the individual’s TDY. Records are DoD. SYSTEM: destroyed by tearing into pieces, ACTION: Notice to Amend a System of Delete entry and replace with shredding, pulping, or burning. Records. ‘‘Present and former Officer and Computer records are destroyed by Enlisted personnel of the Regular Air erasing, deleting or overwriting. SUMMARY: The Department of Air Force Force, the Air Force Reserve and the Air proposes to amend a system of records National Guard who submit an appeal SYSTEM MANAGER(S) AND ADDRESS: to its inventory of record systems for correction of records.’’ Department of Air Force, Air Force subject to the Privacy Act of 1974 (5 Research Laboratory, Phillips Research U.S.C. 552a), as amended. CATEGORY OF RECORDS IN SYSTEM: Site, Information Requirements, AFRL/ DATES: The changes will be effective on Delete entry and replace with RVIR; 3550 Aberdeen Ave., SE., February 23, 2009 unless comments are ‘‘Individual’s full name, Social Security Kirtland AFB, NM. received that would result in a contrary Number (SSN), address, copy of determination. NOTIFICATION PROCEDURE: applications, supporting documents, ADDRESSES: Send comments to the Air endorsements, and correspondence Individuals seeking to determine Force Privacy Act Officer, Office of reflecting the board’s decision on the whether information about themselves Warfighting Integration and Chief case and other official records.’’ is contained in this system should Information Officer, SAF/XCPPI, 1800 address inquiries to the respective unit Air Force Pentagon, Washington, DC AUTHORITY FOR MAINTENANCE OF THE SYSTEM: commander or supervisor who 20330–1800. maintains the records. Official mailing Delete entry and replace with ‘‘10 FOR FURTHER INFORMATION CONTACT: Mr. addresses are published as an appendix U.S.C. 8013, Secretary of the Air Force: Kenneth Brodie at (703) 696–6488. to the Air Force’s compilation of record Powers and duties; delegation by; systems notices. SUPPLEMENTARY INFORMATION: The implemented by Air Force Instruction Requests should contain individual’s Department of the Air Force systems of 36–2401, Correcting Officer and name and Social Security Number records notices subject to the Privacy Enlisted Evaluation Reports and E.O. (SSN). Act of 1974 (5 U.S.C. 552a), as amended, 9397 (SSN).’’ have been published in the Federal PURPOSE(S): RECORD ACCESS PROCEDURES: Register and are available from the Individuals seeking to access records address above. Delete entry and replace with ‘‘To about themselves contained in this The specific changes to the record answer individual inquires concerning system should address requests to the system being amended are set forth evaluation appeals. At Air Force respective unit commander or below followed by the notice, as Personnel Center and Air Reserve supervisor who maintains the records. amended, published in its entirety. The Personnel Center levels, records are Official mailing addresses are published proposed amendments are not within used as a basis for consideration in as an appendix to the Air Force’s the purview of subsection (r) of the preparation of Air Staff advisory compilation of record systems notices. Privacy Act of 1974 (5 U.S.C. 552a), as opinions on Officer Performance Requests should contain individual’s amended, which requires the Report/Enlisted Performance Report name and Social Security Number submission of a new or altered system (OPR/EPR) appeals.’’ (SSN). report. * * * * *
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STORAGE: part 806b; or may be obtained from the ROUTINE USES OF RECORDS MAINTAINED IN THE Delete entry and replace with system manager.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND ‘‘Maintained in visible file binders/ THE PURPOSES OF SUCH USES: RECORD SOURCE CATEGORIES: cabinets and electronic media storage.’’ In addition to those disclosures * * * * * Delete entry and replace with generally permitted under 5 U.S.C. ‘‘Appeal applications and supporting 552a(b) of the Privacy Act, these records RETENTION AND DISPOSAL: documentation, endorsements, official or information contained therein may Delete entry and replace with ‘‘Air records and documents from other specifically be disclosed outside the Force Personnel Center and Air Reserve sources, and correspondence reflecting DoD as a routine use pursuant to 5 Personnel Center case files are the appeal board’s decision. Also, when U.S.C. 552a(b)(3) as follows: maintained for three calendar years applicable, Air Staff advisory opinions The ‘Blanket Routine Uses’ published from date of last action as indicated in furnished to the Air Force Board for at the beginning of the Air Force’s the file, then destroyed. At Military Corrections of Military Records under compilation of record system notices Personnel Flights files are maintained the provisions of Air Force Instruction apply to this system. for two calendar years from date of last 36–2603, Air Force Board for Correction of Military Records.’’ POLICIES AND PRACTICES FOR STORING, action as indicated in the file and then RETRIEVING, ACCESSING, RETAINING, AND destroyed. Destruction is by tearing into * * * * * DISPOSING OF RECORDS IN THE SYSTEM: pieces, shredding, pulping, macerating, or burning.’’ F036 AF PC D STORAGE: Maintained in visible file binders/ * * * * * SYSTEM NAME: cabinets and electronic media storage. NOTIFICATION PROCEDURES: Officer Performance Report (OPR)/ RETRIEVABILITY: Delete entry and replace with Enlisted Performance Report (EPR) ‘‘Individuals seeking to determine Appeal Case Files. Retrieved by name. whether this system of records contains SYSTEM LOCATION: SAFEGUARDS: information on themselves should Headquarters Air Force Personnel Records are accessed by custodian of address written requests to Air Force Center (HQ AFPC), Randolph Air Force the record system, and by person(s) Personnel Center, Evaluations Programs Base, TX 78150–4709; Headquarters Air responsible for servicing the record Section, (HQ AFPC/DPSID), 550 C Street Reserve Personnel Center HQ ARPC), system in performance of their official West, Suite 7, Randolph Air Force Base, Denver, CO 80280–5000; and Military duties who are properly screened and TX 78150–4709, or to the Military Personnel Flights (MPFs). Official cleared for need-to-know. Records are Personnel Flight where the appeal was mailing addresses are published as an stored in locked cabinets or rooms. processed. Official mailing addresses appendix to the Air Force’s compilation RETENTION AND DISPOSAL: are published as an appendix to the Air of record systems notices. Force’s compilation of record systems Air Force Personnel Center and Air notices. CATEGORIES OF INDIVIDUALS COVERED BY THE Reserve Personnel Center case files are Written request should contain full SYSTEM: maintained for three calendar years name, Social Security Number (SSN) Present and former Officer and from date of last action as indicated in and complete mailing address with Enlisted personnel of the Regular Air the file, then destroyed. At Military notary certified signature.’’ Force, the Air Force Reserve and the Air Personnel Flights files are maintained * * * * * National Guard who submit an appeal for two calendar years from date of last for correction of records. action as indicated in the file, and then RECORDS ACCESS PROCEDURES: destroyed. Destruction is by tearing into Delete entry and replace with CATEGORIES OF RECORDS IN THE SYSTEM: pieces, shredding, pulping, macerating, ‘‘Individuals seeking to access records Individual’s full name, Social or burning. about themselves contained in this Security Number (SSN), address, copy system should address written requests of applications, supporting documents, SYSTEM MANAGER(S) AND ADDRESS: to the Air Force Personnel Center, endorsements, and correspondence Assistant Deputy Chief of Staff for Evaluations Programs Section, Air Force reflecting the board’s decision on the Personnel, Randolph Air Force Base, TX Personnel Center (HQ AFPC/DPSID), case and other official records. 78150–6001. 550 C Street West, Randolph Air Force NOTIFICATION PROCEDURES: Base, TX 78150–4709, or to the Military AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Personnel Flight where the appeal was 10 U.S.C. 8013, Secretary of the Air Individuals seeking to determine processed. Official mailing addresses Force: powers and duties; delegation by; whether this system of records contains are published as an appendix to the Air implemented by Air Force Instruction information on themselves should Force’s compilation of record systems 36–2401, Correcting Officer and address written requests to Air Force notices. Enlisted Evaluation Reports and E.O. Personnel Center, Evaluations Programs Written request should contain with 9397 (SSN). Section, (HQ AFPC/DPSID), 550 C Street full name, Social Security Number West, Suite 7, Randolph Air Force Base, PURPOSE(S): (SSN) and complete mailing address TX 78150–4709 or to the Military with notary certified signature.’’ To answer individual inquires Personnel Flight where the appeal was concerning evaluation appeals. At Air processed. Official mailing addresses CONTESTING RECORD PROCEDURES: Force Personnel Center and Air Reserve are published as an appendix to the Air Delete entry and replace with ‘‘The Personnel Center levels, records are Force’s compilation of record systems Air Force rules for accessing records, used as a basis for consideration in notices. and for contesting contents and preparation of Air Staff advisory Written request should contain full appealing initial agency determinations opinions on Officer Performance name, Social Security Number (SSN) are published in Air Force Instruction Report/Enlisted Performance Report and complete mailing address with 33–332, Privacy Act Program; 32 CFR (OPR/EPR) appeals. notary certified signature.
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RECORDS ACCESS PROCEDURES: ADDRESSES: Send comments to the Air Enlisted Evaluation System, Chapter 7, Individuals seeking to access records Force Privacy Act Officer, Office of General Officer Evaluations and E.O. about themselves contained in this Warfighting Integration and Chief 9397 (SSN).’’ system should address written requests Information Officer, SAF/XCPPI, 1800 * * * * * to the Air Force Personnel Center, Air Force Pentagon, Washington, DC Evaluations Programs Section, Air Force 20330–1800. STORAGE: Personnel Center, (HQ AFPC/DPSID), FOR FURTHER INFORMATION CONTACT: Mr. Delete entry and replace with 550 C Street West, Randolph Air Force Kenneth Brodie at (703) 696–6488. ‘‘Maintained in visible file binders/ cabinets and electronic media storage.’’ Base, TX 78150–4709 or to the Military SUPPLEMENTARY INFORMATION: The Personnel Flight where the appeal was Department of the Air Force systems of * * * * * processed. Official mailing addresses records notices subject to the Privacy SYSTEM MANAGERS AND ADDRESS: are published as an appendix to the Air Act of 1974, (5 U.S.C. 552a), as Delete entry and replace with Force’s compilation of record systems amended, have been published in the ‘‘Director, Headquarters Air Force notices. Federal Register and are available from Personnel Center, Officer Promotions, Written request should contain with the address above. Appointments & Selection Continuation full name, Social Security Number The specific changes to the record Branch, (HQ AFPC/DPSO), 550 C Street (SSN) and complete mailing address system being amended are set forth West, Randolph Air Force Base, TX with notary certified signature. below followed by the notice, as 78150–4713.’’ CONTESTING RECORD PROCEDURES: amended, published in its entirety. The proposed amendments are not within NOTIFICATION PROCEDURES The Air Force rules for accessing : the purview of subsection (r) of the records, and for contesting contents and Delete entry and replace with Privacy Act of 1974, (5 U.S.C. 552a), as appealing initial agency determinations ‘‘Individuals seeking to determine amended, which requires the are published in Air Force Instruction whether information on themselves is submission of a new or altered system 33–332, Privacy Act Program; 32 CFR contained in this system should address report. part 806b; or may be obtained from the written requests to Headquarters, United system manager. Dated: January 13, 2009. States Air Force, Deputy Chief of Staff/ Morgan E. Frazier, Personnel, Washington, DC 20330–5060. RECORD SOURCE CATEGORIES: Alternate OSD Federal Register Liaison Written request should contain full Appeal applications and supporting Officer, Department of Defense. name, Social Security Number, date of documentation, endorsements, official birth, active duty grade and complete records and documents from other F036 AF PC O mailing address with notary certified sources, and correspondence reflecting SYSTEM NAME: signature.’’ the appeal board’s decision. Also, when General Officer Personnel Data RECORDS ACCESS PROCEDURES: applicable, Air Staff advisory opinions System (June 11, 1997, 62 FR 31793). furnished to the Air Force Board for Delete entry and replace with ‘‘Individuals seeking to determine Corrections of Military Records under CHANGES whether information on them is the provisions of Air Force Instruction * * * * * 36–2603, Air Force Board for Correction contained in this system should address of Military Records. SYSTEM LOCATION: written inquiries to Headquarters, Delete entry and replace with United States Air Force, Deputy Chief of EXEMPTIONS CLAIMED FOR THE SYSTEM: ‘‘Headquarters, United States Air Force, Staff/Personnel, Washington, DC 20330– None. 1040 Air Force Pentagon, Washington, 5060. Written request should contain full [FR Doc. E9–1234 Filed 1–21–09; 8:45 am] DC 20330–1040, and Headquarters Air name, date of birth, Social Security BILLING CODE 5001–06–P Force Personnel Center, 550 C Street W, Randolph Air Force Base, TX 78150– Number, active duty grade and complete 4703.’’ mailing address with notary certified signature.’’ DEPARTMENT OF DEFENSE * * * * * * * * * * Department of the Air Force CATEGORIES OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: Delete entry and replace with [Docket ID USAF–2009–0004] Delete entry and replace with ‘‘The ‘‘Individual’s full name, Social Security Air Force rules for accessing records, Privacy Act of 1974; System of Number (SSN), date of birth, active duty and for contesting contents and Records grade, mailing address and promotion appealing initial agency determinations board data; Career Brief data/cards; are published in Air Force Instruction AGENCY: Department of the Air Force, officer military record; photographs; 33–332, Privacy Act Program; 32 CFR DoD. biographies; retirement letters; part 806b; or may be obtained from the ACTION: Notice to amend a system of dependent data; education data; system manager.’’ records. promotion orders; assignment orders; demotion data; frocking letters; case * * * * * SUMMARY: The Department of Air Force studies; language data; effectiveness F036 AF PC O proposes to amend a system of records reports and promotion to its inventory of record systems recommendations.’’ SYSTEM NAME: subject to the Privacy Act of 1974 (5 General Officer Personnel Data U.S.C. 552a), as amended. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: System. DATES: The changes will be effective on Delete entry and replace with ‘‘10 February 23, 2009 unless comments are U.S.C. 8013, Secretary of the Air Force; SYSTEM LOCATION: received that would result in a contrary 10 U.S.C. 805, The Air Staff and Air Headquarters, United States Air determination. Force Instruction 36–2406, Officer and Force, 1040 Air Force Pentagon,
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Washington, DC 20330–1040, and POLICIES AND PRACTICES FOR STORING, mailing address with notary certified Headquarters Air Force Personnel RETRIEVING, ACCESSING, RETAINING, AND signature. Center, 550 C Street W, Randolph Air DISPOSING OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: Force Base, TX 78150–4703. STORAGE: The Air Force rules for accessing CATEGORIES OF INDIVIDUALS COVERED BY THE Maintained in visible file binders/ records, and for contesting contents and SYSTEM: cabinets and electronic media storage. appealing initial agency determinations Retired, Active Duty, and Active RETRIEVABILITY: are published in Air Force Instruction 33–332, Privacy Act Program; 32 CFR Status Reserve of the Air Force General Records are retrieved by last name part 806b; or may be obtained from the Officers. and/or grade. system manager. CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: RECORD SOURCE CATEGORIES: Individual’s full name, Social Access to these records is given only Security Number (SSN), date of birth, Personnel data base; member and to the Chief of Staff, Deputy Chief of Inspector General’s investigations. active duty grade, mailing address and Staff/Personnel, Assistant for General promotion board data; Career Brief data/ Officer Matters, Chief of Air Force EXEMPTIONS CLAIMED FOR THE SYSTEM: cards; officer military record; Reserve, Chief National Guard, and Air Force General Officer Promotion photographs; biographies; retirement other persons responsible for servicing and Effectiveness Reports with close out letters; dependent data; education data; or reviewing the record system in dates on or before January 31, 1991, may promotion orders; assignment orders; performance of their official duties, who be exempt under the provisions of 5 demotion data; frocking letters; case are properly screened and cleared for U.S.C. 552a(k)(7) from subsections of 5 studies; language data; effectiveness need-to-know. U.S.C. 552a(c)(3); (d); (e)(4)(H); and (f), reports and promotion as applicable, but only to the extent that recommendations. RETENTION AND DISPOSAL: disclosure would reveal the identity of Retired General Officer records are AUTHORITY FOR MAINTENANCE OF THE SYSTEM: a confidential source. For additional maintained indefinitely; retired information contact the system manager. 10 U.S.C. 8013, Secretary of the Air Lieutenant General, Major General, and An exemption rule has been Force; 10 U.S.C. 805, The Air Staff and Brigadier General Officer records are promulgated in accordance with the Air Force Instruction 36–2406, Officer retained for 3 years, then reviewed to requirements of 5 U.S.C. 553(b)(1), (2), and Enlisted Evaluation System, determine if there are any materials of and (3), (c) and (e) and published in the Chapter 7, General Officer Evaluations historical value which warrant 32 CFR part 806b. For further and E.O. 9397 (SSN). indefinite retention. If not, records are information contact the system manager. PURPOSE(S): destroyed by tearing into pieces, shredding, pulping or macerating. [FR Doc. E9–1235 Filed 1–21–09; 8:45 am] To record active duty service and Computer records are destroyed by BILLING CODE 5001–06–P performance data about general officers degaussing or overwriting. for use in personnel management decisions and officer effectiveness, to SYSTEM MANAGER(S) AND ADDRESS: DEPARTMENT OF DEFENSE include assignments, promotions and Director, Headquarters Air Force Department of the Air Force retirements. Personnel Center, Officer Promotions, To provide source data for preparing Appointments & Selection Continuation [Docket ID USAF–2009–0006] or compiling personnel management Branch, (HQ AFPC/DPSO), 550 C Street data to include career profiles, seniority West, Randolph Air Force Base, TX Privacy Act of 1974; System of and retirement lists, memorandums for 78150–4713. Records record concerning actions taken on AGENCY: NOTIFICATION PROCEDURES: Department of the Air Force, general officers and statistical analyses. DoD. Individuals seeking to determine ACTION: ROUTINE USES OF RECORDS MAINTAINED IN THE whether information on themselves is Notice to Amend a System of SYSTEM, INCLUDING CATEGORIES OF USERS AND contained in this system should address Records. THE PURPOSES OF SUCH USES: written requests to Headquarters, United SUMMARY: The Department of Air Force In addition to those disclosures States Air Force, Deputy Chief of Staff/ proposes to amend a system of records generally permitted under 5 U.S.C. Personnel, Washington, DC 20330–5060. to its inventory of record systems 552a(b) of the Privacy Act, these records Written request should contain full subject to the Privacy Act of 1974 (5 or information contained therein may name, Social Security Number, date of U.S.C. 552a), as amended. specifically be disclosed outside the birth, active duty grade and complete DoD as a routine use pursuant to 5 DATES: The changes will be effective on mailing address with notary certified February 23, 2009 unless comments are U.S.C. 552a(b)(3) as follows: signature. Non-exempt records from this system received that would result in a contrary may be disclosed to other federal RECORDS ACCESS PROCEDURES: determination. agencies in anticipation of an Individuals seeking to determine ADDRESSES: Send comments to the Air individual’s assignment or upon actual whether information on them is Force Privacy Act Officer, Office of assignment to that agency, to the extent contained in this system should address Warfighting Integration and Chief that the information is relevant and written inquiries to Headquarters, Information Officer, SAF/XCPPI, 1800 necessary to the agency’s decision on United States Air Force, Deputy Chief of Air Force Pentagon, Washington, DC the matter. Staff/Personnel, Washington, DC 20330– 20330–1800. The ‘Blanket Routine Uses’ published 5060. FOR FURTHER INFORMATION CONTACT: Mr. at the beginning of the Air Force’s Written request should contain full Kenneth Brodie at (703) 696–6488. compilation of systems of records name, date of birth, Social Security SUPPLEMENTARY INFORMATION: The notices apply to this system. Number, active duty grade and complete Department of the Air Force systems of
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records notices subject to the Privacy potential, and comments regarding SYSTEM LOCATION: Act of 1974, (5 U.S.C. 552a), as ratings.’’ Headquarters of Major Subordinate amended, have been published in the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commands and numbered Air Forces. Federal Register and are available from Official mailing addresses are published Delete entry and replace with ‘‘10 the address above. as an appendix to the Air Force’s U.S.C. 8013, Secretary of the Air Force: The specific changes to the record compilation of systems of records Power and duties; delegation by; as system being amended are set forth notices. below followed by the notice, as implemented by Air Force Instruction amended, published in its entirety. The 36–2406, Officer and Enlisted CATEGORIES OF INDIVIDUALS COVERED BY THE proposed amendments are not within Evaluation Systems and E.O. 9397 SYSTEM: the purview of subsection (r) of the (SSN).’’ Military personnel only. Privacy Act of 1974, (5 U.S.C. 552a), as * * * * * Officers: Applies to Regular Active amended, which requires the STORAGE: Duty Air Force/Air National Guard/Air submission of a new or altered system Force Reserve personnel serving in report. Delete entry and replace with ‘‘Maintained in file folders and rank/grades Warrant Officer (W–1) Dated: January 13, 2009. electronic media storage.’’ through Colonel (0–6). Enlisted: Applies to active duty Morgan E. Frazier, * * * * * Alternate OSD Federal Register Liaison personnel in the rank/grades Airman Officer, Department of Defense. NOTIFICATION PROCEDURE: Basic (E–1) through Chief Master Sergeant (E–9); Air National Guard and F036 AF PC B Delete entry and replace with ‘‘Individuals seeking to determine Air Force Reserve personnel in the rank/ SYSTEM NAME: whether information about themselves grades Staff Sergeant (E–5) through Chief Master Sergeant (E–9). Geographically Separated Unit Copy is contained in this system should address written inquiries to Officer Effectiveness/Airman CATEGORIES OF RECORDS IN THE SYSTEM: Effectiveness Performance Report (June Headquarters at Major Subordinate Officer Performance Report; 11, 1997, 62 FR 31793). Commands and numbered Air Forces. Official mailing addresses are published Education/Training Report; Enlisted CHANGES: as an appendix to the Air Force’s Performance Report; Promotion * * * * * compilation of systems of records Recommendation Forms; Letters of notices. Evaluations; Performance Feedback SYSTEM NAME: Request should contain full name, Worksheets; and Retention Delete entry and replace with address, Social Security Number (SSN) Recommendation Forms. Description of ‘‘Geographically Separated Unit Copy and notarized signature.’’ data contained therein: Name, Social Officer/Enlisted Performance Report.’’ Security Number; active and permanent RECORD ACCESS PROCEDURES: * * * * * grades; specialty data; organization Delete entry and replace with location and Personnel Accounting CATEGORIES OF INDIVIDUALS COVERED BY THE ‘‘Individuals seeking to access records Symbol; period of report; number of SYSTEM: about themselves contained in this days of supervision; performance Delete entry and replace with system should address written requests evaluation scales; assessment of ‘‘Military personnel only. to the Headquarters at Major potential, and comments regarding Officers: Applies to Regular Active Subordinate Commands and numbered ratings. Duty Air Force/Air National Guard/Air Air Forces. Official mailing addresses Force Reserve personnel serving in are published as an appendix to the Air AUTHORITY FOR MAINTENANCE OF THE SYSTEM: rank/grades Warrant Officer (W–1) Force’s compilation of systems of 10 U.S.C. 8013, Secretary of the Air through Colonel (0–6). records notices. Force: Power and duties; delegation by; Enlisted: Applies to active duty Request should contain full name, as implemented by Air Force Instruction personnel in the rank/grades Airman address, Social Security Number (SSN) 36–2406, Officer and Enlisted Basic (E–1) through Chief Master and notarized signature.’’ Evaluation Systems and E.O. 9397 (SSN). Sergeant (E–9); Air National Guard and CONTESTING RECORD PROCEDURES: Air Force Reserve personnel in the rank/ Delete entry and replace with ‘‘The PURPOSE S grades Staff Sergeant (E–5) through ( ): Air Force rules for accessing records Chief Master Sergeant (E–9).’’ Used as a record of individual’s past and for contesting contents and job performance. CATEGORY OF RECORDS IN SYSTEM: appealing initial agency determinations Delete entry and replace with ‘‘Officer are published in Air Force Instruction ROUTINE USES OF RECORDS MAINTAINED IN THE Performance Report; Education/Training 33–332, Privacy Act Program, 32 CFR SYSTEM, INCLUDING CATEGORIES OF USERS AND Report; Enlisted Performance Report; part 806b; or may be obtained from the THE PURPOSES OF SUCH USES: Promotion Recommendation Forms; system manager.’’ In addition to those disclosures Letters of Evaluations; Performance RECORD SOURCE CATEGORIES: generally permitted under 5 U.S.C. Feedback Worksheets; and Retention 552a(b) of the Privacy Act, these records Delete entry and replace with ‘‘Officer Recommendation Forms. Description of or information contained therein may and Enlisted evaluation report data.’’ data contained therein: Name, Social specifically be disclosed outside the Security Number; active and permanent * * * * * DoD as a routine use pursuant to 5 grades; specialty data; organization F036 AF PC B U.S.C. 552a(b)(3) as follows: location and Personnel Accounting The ‘Blanket Routine Uses’ published Symbol; period of report; number of SYSTEM NAME: at the beginning of the Air Force’s days of supervision; performance Geographically Separated Unit Copy compilation of systems of records evaluation scales; assessment of Officer/Enlisted Performance Report. notices also apply to this system.
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POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: Dated: January 13, 2009. RETRIEVING, ACCESSING, RETAINING, AND Morgan E. Frazier, DISPOSING OF RECORDS IN THE SYSTEM: Officer and Enlisted evaluation report data. Alternate OSD Federal Register Liaison STORAGE: Officer, Department of Defense. Maintained in file folders and EXEMPTIONS CLAIMED FOR THE SYSTEM: F036 AF DP G electronic media storage. None. SYSTEM NAME: RETRIEVABILITY: [FR Doc. E9–1238 Filed 1–21–09; 8:45 am] Military Equal Opportunity and Information in the system is retrieved BILLING CODE 5001–06–P Treatment (January 28, 2002, 67 FR by name. 3883). SAFEGUARDS: DEPARTMENT OF DEFENSE CHANGES: Records are accessed by authorized * * * * * personnel who are properly screened Department of the Air Force and cleared for need-to-know. Records SYSTEM NAME: are stored in locked cabinets or rooms. Delete entry and replace with ‘‘Equal [Docket ID USAF–2009–0008] Opportunity and Sexual Assault RETENTION AND DISPOSAL: Privacy Act of 1974; System of Prevention and Response Records.’’ Retained in office files until Records * * * * * reassignment or separation, then destroyed by tearing into pieces, CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCY: Department of the Air Force, shredding, pulping, macerating, or SYSTEM: DoD. burning. Delete entry and replace with ACTION: Notice to Alter a System of ‘‘Department of Defense (DoD) military SYSTEM MANAGER(S) AND ADDRESS: Records. Component Active Duty, Reserve and Headquarters at Major Subordinate Guard personnel; civilian employees; Commands and numbered Air Forces. SUMMARY: The Department of the Air and members of the public involved in Official mailing addresses are published Force proposes to alter a system of complaints or investigations relating to as an appendix to the Air Force’s records to its inventory of record the Equal Opportunity and Sexual compilation of systems of records systems subject to the Privacy Act of Assault Prevention and Response notices. 1974 (5 U.S.C. 552a), as amended. Programs.’’ NOTIFICATION PROCEDURE: DATES: The proposed action will be CATEGORIES OF RECORDS IN THE SYSTEM: Individuals seeking to determine effective on February 23, 2009 unless Delete entry and replace with whether information about themselves comments are received that would ‘‘Complainant’s full name, Social is contained in this system should result in a contrary determination. Security Number (SSN), correspondence address written inquiries to and records concerning incidents or Headquarters at Major Subordinate ADDRESSES: Send comments to the Air complaint data, endorsements and Commands and numbered Air Forces. Force Privacy Act Officer, Office of recommendations, formal and informal Official mailing addresses are published Warfighting Integration and Chief complaints of unlawful discrimination, as an appendix to the Air Force’s Information Officer, SAF/XCX, 1800 Air sexual harassment, sexual assault, and compilation of systems of records Force Pentagon, Suite 220, Washington, clarifications/investigations concerning notices. DC 20330–1800. aspects of equal opportunity or sexual Request should contain full name, assault. Records/forms necessary to FOR FURTHER INFORMATION CONTACT: Mr. address, Social Security Number (SSN) conduct background checks for Sexual and notarized signature. Kenneth Brodie at (703) 696–7557. Assault Response personnel/ SUPPLEMENTARY INFORMATION: The volunteers.’’ RECORD ACCESS PROCEDURES: Department of the Air Force’s notices AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking to access records for systems of records subject to the about themselves contained in this Privacy Act of 1974 (5 U.S.C. 552a), as Delete entry and replace with ‘‘10 system should address written requests amended, have been published in the U.S.C. 8013, Secretary of the Air Force; to the Headquarters at Major Pub. L. 105–85, section 591; AFPD 36– Federal Register and are available from Subordinate Commands and numbered 27, Social Actions; Air Force Instruction the address above. Air Forces. Official mailing addresses 36–2706, Military Equal Opportunity are published as an appendix to the Air The proposed systems reports, as and Treatment Program; For Sexual Force’s compilation of systems of required by 5 U.S.C. 552a(r) of the Assault: Pub L. 108–375, as amended records notices. Privacy Act, were submitted on January and supplemented, October 28, 2004, Request should contain full name, 13, 2009, to the House Committee on Section 577(e); AFPD 36–60, Sexual address, Social Security Number (SSN) Oversight and Government Reform, the Assault Prevention and Response and notarized signature. Senate Committee on Homeland (SAPR) Program and E.O. 9397 (SSN).’’ Security and Governmental Affairs, and CONTESTING RECORD PROCEDURES: PURPOSE(S): the Office of Management and Budget The Air Force rules for accessing (OMB) pursuant to paragraph 4c of Delete entry and replace with ‘‘To records and for contesting contents and Appendix I to OMB Circular No. A–130, investigate and resolve complaints of appealing initial agency determinations ‘Federal Agency Responsibilities for unlawful discrimination and sexual are published in Air Force Instruction harassment under the Equal Maintaining Records About 33–332, Privacy Act Program, 32 CFR Opportunity Program, and to maintain Individuals,’ dated February 8, 1996, part 806b; or may be obtained from the records created as a result of the filing system manager. (February 20, 1996, 61 FR 6427). of allegations and appeals involving
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unlawful discrimination because of may also be required. Records are also investigative reports, DoD and race, color, religion, sex, or national accessed by personnel responsible for Component records and reports.’’ origin. To assist and provide victim servicing the records in performance of * * * * * services to victims of sexual assault their official duties who are properly under the Sexual Assault Prevention screened and cleared for need-to-know.’’ F036 AF DP G and Response Program, and to maintain * * * * * SYSTEM NAME: records created as a result of restricted Equal Opportunity and Sexual or unrestricted reporting of allegations SYSTEM MANAGER(S) AND ADDRESSES: Assault Prevention and Response of sexual assault under the Sexual Delete entry and replace with ‘‘Air Records. Assault Prevention and Response Force Equal Opportunity Office (AF/ Program. A1Q), 1040 Air Force Pentagon, SYSTEM LOCATION: To conduct necessary background Washington DC 20330–1040. Headquarters United States Air Force, checks of Sexual Assault Prevention and Air Force Sexual Assault Prevention headquarters of major commands, Response Program volunteers/ and Response Office (AF/A1SF), 1040 Numbered Air Forces, field operating personnel. Air Force Pentagon, Washington DC agencies, direct reporting units; To report information as required by 20330–1040.’’ headquarters of combatant commands the FY 98 National Defense NOTIFICATION PROCEDURES: for which Air Force is Executive Agent, Authorization Act, and used as a data and all Air Force installations and units. Delete entry and replace with source for descriptive statistics.’’ Official mailing addresses are published ‘‘Individuals seeking to determine as an appendix to the Air Force’s ROUTINE USES OF RECORDS MAINTAINED IN THE whether this system of records contains compilation of systems of records SYSTEM, INCLUDING CATEGORIES OF USERS AND information on themselves should notices. THE PURPOSES OF SUCH USES: address written inquiries to Air Force Delete entry and replace with ‘‘In Equal Opportunity (AF/A1Q), 1040 Air CATEGORIES OF INDIVIDUALS COVERED BY THE addition to those disclosures generally Force Pentagon, Washington DC 20330– SYSTEM: permitted under 5 U.S.C. 552a(b) of the 1040 or Air Force Sexual Assault Department of Defense (DoD) military Privacy Act, these records or Prevention and Response (AF/A1SF), Component Active Duty, Reserve and information contained therein may 1040 Air Force Pentagon, Washington Guard personnel; civilian employees specifically be disclosed outside the DC 20330–1040. Official mailing and members of the public involved in DoD as a routine use pursuant to 5 addresses are published as an appendix complaints or investigations relating to U.S.C. 552a(3) as follows: to the Air Force’s compilation of the Equal Opportunity and Sexual In cases of confirmed sexual systems of records notices. Assault Prevention and Response harassment, identification of Individuals should provide their full Programs. complainant and offender will be name, Social Security Number (SSN) provided to congressional committees as and notarized signature.’’ CATEGORIES OF RECORDS IN THE SYSTEM: required by the FY 98 National Defense Complainant’s full name, Social Authorization Act. In cases of RECORD ACCESS PROCEDURES: Security Number (SSN), correspondence unrestricted or restricted reports, release Delete entry and replace with and records concerning incidents or of identification of complainant and ‘‘Individuals seeking access to records complaint data, endorsements and offender may be provided for official about themselves contained in this recommendations, formal and informal purposes consistent with guidance from system should address written requests complaints of unlawful discrimination, the DoD Sexual Assault Prevention and to Air Force Equal Opportunity (AF/ sexual harassment, sexual assault, and Response Office. A1Q), 1040 Air Force Pentagon, clarifications/investigations concerning The DoD ‘Blanket Routine Uses’ Washington DC 20330–1040 or Air aspects of equal opportunity or sexual published at the beginning of the Air Force Sexual Assault Prevention and assault. Records/forms necessary to Force’s compilation of systems of Response (AF/A1SF), 1040 Air Force conduct background checks for Sexual records notices apply to this system.’’ Pentagon, Washington DC 20330–1040. Assault Response personnel/volunteers. * * * * * Official mailing addresses are published as an appendix to the Air Force’s AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: compilation of systems of records 10 U.S.C. 8013, Secretary of the Air Delete entry and replace with ‘‘Paper notices. Force; Pub. L. 105–85, section 591; records in file folders and on computer Individuals should provide their full AFPD 36–27, Social Actions; Air Force electronic files and computer output name, Social Security Number (SSN) Instruction 36–2706, Military Equal products.’’ and notarized signature.’’ Opportunity and Treatment Program; For Sexual Assault: Pub L. 108–375, as RETRIEVABILITY: CONTESTING RECORD PROCEDURES: amended and supplemented, October Delete entry and replace with Delete entry and replace with ‘‘The 28, 2004, Section 577(e); AFPD 36–60, ‘‘Retrieved by complainant’s name, and/ Air Force rules for accessing records, Sexual Assault Prevention and or Social Security Number.’’ and for contesting contents and Response (SAPR) Program and E.O. appealing initial agency determinations 9397 (SSN). SAFEGUARDS: are published in Air Force Instruction Delete entry and replace with ‘‘Paper 33–332; 32 CFR part 806b; or may be PURPOSE(S): records are maintained in locked file obtained from the system manager.’’ To investigate and resolve complaints cabinets, locked desk drawers or locked of unlawful discrimination and sexual offices. Computer records are password RECORD SOURCE CATEGORIES: harassment under the Equal protected and limited to personnel Delete entry and replace with Opportunity Program, and to maintain authorized access to the records in order ‘‘Information obtained from the records created as a result of the filing to accomplish their official duties; complainants and alleged victims, of allegations and appeals involving encryption of information in the records witnesses and other individuals, unlawful discrimination because of
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race, color, religion, sex, or national duties who are properly screened and exempt pursuant to 5 U.S.C. 552a(k)(2). origin. To assist and provide victim cleared for need-to-know. However, if an individual is denied any services to victims of sexual assault right, privilege, or benefit for which he under the Sexual Assault Prevention RETENTION AND DISPOSAL: would otherwise be entitled by Federal and Response Program, and to maintain Retained for two years and then law or for which he would otherwise be records created as a result of restricted destroyed. eligible, as a result of the maintenance or unrestricted reporting of allegations SYSTEM MANAGER(S) AND ADDRESSES: of such information, the individual will of sexual assault under the Sexual be provided access to such information Air Force Equal Opportunity Office Assault Prevention and Response except to the extent that disclosure (AF/A1Q), 1040 Air Force Pentagon, Program. would reveal the identity of a Washington DC 20330–1040. To conduct necessary background confidential source. Air Force Sexual Assault Prevention checks of Sexual Assault Prevention and An exemption rule for this record and Response Office (AF/A1SF), 1040 Response Program volunteers/ system has been promulgated in Air Force Pentagon, Washington DC personnel. accordance with the requirements of 5 20330–1040. To report information as required by U.S.C. 553(b)(1), (2), and (3), (c) and (e) the FY 98 National Defense NOTIFICATION PROCEDURES: and published in 32 CFR part 806b. For Authorization Act, and used as a data Individuals seeking to determine additional information contact the source for descriptive statistics. whether this system of records contains system manager. ROUTINE USES OF RECORDS MAINTAINED IN THE information on themselves should [FR Doc. E9–1245 Filed 1–21–09; 8:45 am] SYSTEM, INCLUDING CATEGORIES OF USERS AND address written inquiries to Air Force BILLING CODE 5001–06–P THE PURPOSES OF SUCH USES: Equal Opportunity (AF/A1Q), 1040 Air In addition to those disclosures Force Pentagon, Washington DC 20330– generally permitted under 5 U.S.C. 1040 or Air Force Sexual Assault DEPARTMENT OF DEFENSE 552a(b) of the Privacy Act, these records Prevention and Response (AF/A1SF), 1040 Air Force Pentagon, Washington Department of the Army, Corps of or information contained therein may Engineers specifically be disclosed outside the DC 20330–1040. Official mailing DoD as a routine use pursuant to 5 addresses are published as an appendix to the Air Force’s compilation of Intent To Prepare a Draft U.S.C. 552a(3) as follows: Environmental Impact Statement In cases of confirmed sexual systems of records notices. Individuals should provide their full (DEIS) for the Proposed Beluga to harassment, identification of Fairbanks (B2F) Natural Gas complainant and offender will be name, Social Security Number (SSN) and notarized signature. Transportation Pipeline Proposed by provided to congressional committees as the Alaska Natural Gas Development required by the FY 98 National Defense RECORD ACCESS PROCEDURES: Authority (ANGDA) Authorization Act. In cases of Individuals seeking access to records unrestricted or restricted reports, release AGENCY: U.S. Army Corps of Engineers, about themselves contained in this DoD. of identification of complainant and system should address written requests ACTION: Notice of intent. offender may be provided for official to Air Force Equal Opportunity (AF/ purposes consistent with guidance from A1Q), 1040 Air Force Pentagon, SUMMARY: The Alaska District, U.S. the DoD Sexual Assault Prevention and Washington DC 20330–1040 or Air Army Corps of Engineers (Corps) Response Office. Force Sexual Assault Prevention and intends to prepare a Draft The DoD ‘‘Blanket Routine Uses’’ Response (AF/A1SF), 1040 Air Force Environmental Impact Statement (DEIS) published at the beginning of the Air Pentagon, Washington DC 20330–1040. to address the potential impacts Force’s compilation of systems of Official mailing addresses are published associated with the construction of the records notices apply to this system. as an appendix to the Air Force’s proposed Beluga to Fairbanks (B2F) POLICIES AND PRACTICES FOR STORING, compilation of systems of records Alaska natural gas transportation RETRIEVING, ACCESSING, RETAINING, AND notices. pipeline. The Corps will be evaluating DISPOSING OF RECORDS IN THE SYSTEM: Individuals should provide their full a permit application for work under name, Social Security Number (SSN) STORAGE: Section 10 of the Rivers and Harbors Act and notarized signature. and Section 404 of the Clean Water Act. Paper records in file folders and The Environmental Impact Statement electronic storage media. CONTESTING RECORD PROCEDURES: (EIS) will be used as a basis for the The Air Force rules for accessing RETRIEVABILITY: permit decision and to ensure records, and for contesting contents and By complainant’s name and/or Social compliance with the National appealing initial agency determinations Environment Policy Act. Security Number. are published in Air Force Instruction FOR FURTHER INFORMATION CONTACT: 33–332; 32 CFR part 806b; or may be SAFEGUARDS: Questions about the proposed action obtained from the system manager. Paper records are maintained in and the DEIS can be answered by: Ms. locked file cabinets, locked desk RECORD SOURCE CATEGORIES: Serena Sweet, Regulatory Division, drawers or locked offices. Computer Information obtained from the telephone: (907) 753–2819, toll free in records are password protected and complainants and alleged victims, AK: (800) 478–2712, Fax: (907) 753– limited to personnel authorized access witnesses and other individuals, 5567, e-mail: to the records in order to accomplish investigative reports, DoD and [email protected], mail: their official duties; encryption of Component records and reports. U.S. Army Corps of Engineers, CEPOA– information in the records may also be RD, Post Office Box 6898, Elmendorf required. Records are also accessed by EXEMPTIONS CLAIMED FOR THE SYSTEM: AFB, Alaska 99506–0898. Additional personnel responsible for servicing the Investigatory material compiled for information may be obtained at http:// records in performance of their official law enforcement purposes may be www.angdaB2Feis.com.
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SUPPLEMENTARY INFORMATION: 1. The d. Route Alternative 4: Utilization of 6. It is anticipated that the DEIS will permit applicant, Alaska Natural Gas the Parks Highway route from be available for public review in the fall Development Authority (ANGDA), is Fairbanks, AK to Wasilla, AK rather that of 2009. proposing to construct a 460-mile use of the Glenn Highway route. Dated: January 9, 2009. pipeline with a 20- to 24-inch hard pipe e. Design Alternative 1: Use of 4-inch Serena E. Sweet, bidirectional line from Beluga, AK to steel tubing for the segment from Delta Project Manager, Alaska District. Delta Junction, AK and a 10- to 15-inch Junction, AK to North Pole, AK rather [FR Doc. E9–1212 Filed 1–21–09; 8:45 am] soft line from Delta Junction to North than plastic tubing. Pole/Fairbanks, AK to deliver natural 4. Scoping: a. The Corps invites full BILLING CODE 3710–NL–P gas from the Beluga gas fields to interior public participation to promote open Alaska. The proposed route and communication on the issues adjacent service area would begin in surrounding the proposal. All Federal, DEPARTMENT OF EDUCATION Beluga, AK, continuing through the State, Tribal, local agencies, and other Notice of Proposed Information community of Palmer, AK then easterly persons or organizations that have an Collection Requests along the Glenn Highway, with a interest are urged to participate in the deviation northwardly through Chitna NEPA scoping process. These meetings AGENCY: Department of Education. Pass to Glennallen, AK. It would then will be held to receive public input on SUMMARY: The Leader, Information turn north following the Richardson the proposed purpose and need of the Collection Clearance Division, Highway paralleling the Trans Alaska project, to identify significant issues and Regulatory Information Management Pipeline System (TAPS) route to the city to discuss proposed alternatives. The Services, Office of Management, invites of Delta Junction, AK. The pipe would scoping process will help to further comments on the proposed information then turn west continuing along the explain the purpose and need plus the collection requests as required by the TAPS route to a connection point near alternatives to be reviewed in the DEIS. Paperwork Reduction Act of 1995. the Golden Valley Electric Association The project scoping period will begin on DATES: Interested persons are invited to (GVEA) power plant in North Pole, AK. February 1, 2009 and end on March 15, submit comments on or before March The pipeline would be buried 2009. 23, 2009. throughout the corridor. Three b. The DEIS will analyze the potential SUPPLEMENTARY INFORMATION: Section compressor stations are proposed at social, economic, and environmental 3506 of the Paperwork Reduction Act of Palmer, Glennallen, and North Pole, AK. impacts to the affected areas. The 2. The right of way for the proposed 1995 (44 U.S.C. Chapter 35) requires following major issues will be analyzed that the Office of Management and pipeline corridor is owned by numerous in depth in the DEIS: The natural gas entities. The largest land owners along Budget (OMB) provide interested delivery system construction and Federal agencies and the public an early the proposed route include the Bureau operation and its affect upon the of Land Management, the Military (Fort opportunity to comment on information surrounding communities; essential fish Greely, Fort Wainwright and Eielson Air collection requests. OMB may amend or habitat; threatened and endangered Force Base), Native Allotments/ waive the requirement for public species including critical habitat; Corporations, private land owners and consultation to the extent that public cultural resources; socioeconomics; the State of Alaska. participation in the approval process 3. Additional alternatives to the alternatives; secondary and cumulative would defeat the purpose of the applicant’s proposal include four impacts. information collection, violate State or routing segments variations and one c. The Corps will serve as the lead Federal law, or substantially interfere design alternative (A map depicting the Federal agency in the preparation of the with any agency’s ability to perform its location of each alternate route is DEIS. The Bureau of Land Management statutory obligations. The Leader, available at the EIS Web site): is participating as a cooperating agency. Regulatory Information Management a. Route Alternative 1: Utilization of 5. The scoping meetings are Services, Office of Management, a Chugach Electric easement from tentatively planned for the following publishes that notice containing Beluga, AK across the Susitna River to dates and locations and each meeting proposed information collection Palmer, AK rather than the ENSTAR with include an open-house from 5 requests prior to submission of these pipeline route. This route would deviate p.m.–6 p.m. and a project presentation requests to OMB. Each proposed northeastwardly from the proposed and questions and answer session from information collection, grouped by route west of the Susitna River and 6 p.m.–8 p.m. (Please consult the above office, contains the following: (1) Type would realign with the proposed route referenced Web site for any changes and of review requested, e.g. new, revision, south of Knik, AK. additional information including the extension, existing or reinstatement; (2) b. Route Alternative 2: Employ full scoping summary): Title; (3) Summary of the collection; (4) utilization of the Glenn Highway route a. Anchorage: March 4, 2009 at Description of the need for, and from Sutton, AK to Eureka, AK rather Sheraton Hotel (401 East 6th Avenue, proposed use of, the information; (5) than deviating through Chitna Pass Anchorage, AK). Respondents and frequency of north of Chickaloon, AK. This route b. Wasilla: March 5, 2009 at Central collection; and (6) Reporting and/or would deviate from the proposed route Mat-Su Public Safety Building (101 Recordkeeping burden. OMB invites at Sutton, AK and follow the Glenn West Swanson Drive, Wasilla). public comment. Highway, realigning with the proposed c. Glennallen: February 24, 2009 at The Department of Education is route at approximately milepost 128 of Tazlina Village Hall (Mile 110.5 especially interested in public comment the Glenn Highway, southwest of Richardson Highway, Glennallen, AK). addressing the following issues: (1) Is Nelchina, AK. d. Delta Junction: February 25, 2009 at this collection necessary to the proper c. Route Alternative 3: Utilization of Delta Junction Community Center (2288 functions of the Department; (2) will the TAPS corridor from Delta Junction, Deborah Street, Delta Junction, AK). this information be processed and used AK to North Pole, AK as an alternate e. Fairbanks/North Pole: February 26, in a timely manner; (3) is the estimate route to bring gas directly to the GVEA 2009 Wedgewood Resort (212 of burden accurate; (4) how might the power plant. Wedgewood Drive, Fairbanks, AK). Department enhance the quality, utility,
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and clarity of the information to be Education, 400 Maryland Avenue, SW., e.g. new, revision, extension, existing or collected; and (5) how might the LBJ, Washington, DC 20202–4537. reinstatement; (2) Title; (3) Summary of Department minimize the burden of this Requests may also be electronically the collection; (4) Description of the collection on the respondents, including mailed to [email protected] or faxed need for, and proposed use of, the through the use of information to 202–401–0920. Please specify the information; (5) Respondents and technology. complete title of the information frequency of collection; and (6) Dated: January 14, 2009. collection when making your request. Reporting and/or Recordkeeping Comments regarding burden and/or Angela C. Arrington, burden. OMB invites public comment. the collection activity requirements Dated: January 14, 2009. Leader, Information Collections Clearance should be electronically mailed to Division, Regulatory Information Angela C. Arrington, Management Services, Office of Management. [email protected]. Individuals who use a telecommunications device for the IC Clearance Official, Regulatory Information Management Services, Office of Management. Federal Student Aid deaf (TDD) may call the Federal Type of Review: New Collection. Information Relay Service (FIRS) at 1– Office of Postsecondary Education Title: College.gov Career Tools and 800–877–8339. Type of Review: Reinstatement. College Coaches. [FR Doc. E9–1143 Filed 1–21–09; 8:45 am] Title: The Application for Grants Frequency: On Occasion. BILLING CODE 4000–01–P Under the Child Care Access Means Affected Public: Individuals or Parents in School Program. household; Businesses or other for- Frequency: Once every four (4) years. profit. DEPARTMENT OF EDUCATION Affected Public: Businesses or other Reporting and Recordkeeping Hour for-profit; Not-for-profit institutions. Burden: Submission for OMB Review; Reporting and Recordkeeping Hour Responses: 400. Comment Request Burden: Burden Hours: 133. Responses: 350. AGENCY: Department of Education. Abstract: The purpose for including Burden Hours: 2,975. SUMMARY: The Director, Information the Career Tool and I’m Going Guide Abstract: The Child Care Access features is to provide students with real Collection Clearance Division, Regulatory Information Management Means Parents in School Application world, relatable examples of current Package requests information from college students who were able to Services, Office of Management invites comments on the submission for OMB applicants during the competitive overcome obstacles in order to reach a phase. The information collected is postsecondary education. This feature review as required by the Paperwork Reduction Act of 1995. reviewed by non-federal reviewers to builds on College.gov’s objective to determine institutions with the greatest DATES: provide students with the inspiration Interested persons are invited to population of students that meet the and hopes to see that a college submit comments on or before February eligibility criteria for distribution of education is possible for everyone 23, 2009. funds under the program to assist them (especially targeting underrepresented ADDRESSES: Written comments should with child care needs as they move populations). In the I’m Going Guide be addressed to the Office of through their educational progression. feature, students can select current Information and Regulatory Affairs, This information collection is being college students to view their profiles, Attention: Education Desk Officer, submitted under the Streamlined see why and how they went to college, Office of Management and Budget, 725 Clearance Process for Discretionary and read the college student’s advice for 17th Street, NW., Room 10222, New Grant Information Collections (1890– high school students. Each student’s Executive Office Building, Washington, 0001). Therefore, the 30-day public profile would include their first name, DC 20503 or faxed to (202) 395–6974. comment period notice will be the only photo, major and brief description about SUPPLEMENTARY INFORMATION: Section public comment notice published for the student, such as where they are 3506 of the Paperwork Reduction Act of this information collection. studying, and tips for other students. 1995 (44 U.S.C. Chapter 35) requires Requests for copies of the information For the Career Tool feature, the site that the Office of Management and collection submission for OMB review would show 24 different college grads at Budget (OMB) provide interested may be accessed from http:// a time, but the goal would be to have Federal agencies and the public an early edicsweb.ed.gov, by selecting the about 75 that we could ‘‘shuffle’’ on the opportunity to comment on information ‘‘Browse Pending Collections’’ link and tool’s display. Each college grad’s collection requests. OMB may amend or by clicking on link number 3928. When profile would provide their first name, waive the requirement for public you access the information collection, major, career field, and advice for consultation to the extent that public click on ‘‘Download Attachments’’ to students interested in their field of participation in the approval process view. Written requests for information study. This information clearance will would defeat the purpose of the should be addressed to U.S. Department enable the Department to college grad information collection, violate State or of Education, 400 Maryland Avenue, profiles for including in the Career Tool Federal law, or substantially interfere SW., LBJ, Washington, DC 20202–4537. and I’m Going Guide. with any agency’s ability to perform its Requests may also be electronically Requests for copies of the proposed statutory obligations. The IC Clearance mailed to the Internet address information collection request may be Official, Regulatory Information [email protected] or faxed to 202– accessed from http://edicsweb.ed.gov, Management Services, Office of 401–0920. Please specify the complete by selecting the ‘‘Browse Pending Management, publishes that notice title of the information collection when Collections’’ link and by clicking on containing proposed information making your request. link number 3929. When you access the collection requests prior to submission Comments regarding burden and/or information collection, click on of these requests to OMB. Each the collection activity requirements ‘‘Download Attachments’’ to view. proposed information collection, should be electronically mailed to Written requests for information should grouped by office, contains the [email protected]. Individuals who be addressed to U.S. Department of following: (1) Type of review requested, use a telecommunications device for the
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deaf (TDD) may call the Federal Note: The regulations in 34 CFR part 79 preventing or reducing violence, the Information Relay Service (FIRS) at 1– apply to all applicants except federally use, possession and distribution of 800–877–8339. recognized Indian tribes. illegal drugs, or delinquency, and [FR Doc. E9–1145 Filed 1–21–09; 8:45 am] Note: The regulations in 34 CFR part 86 related issues for private schools in the applicant’s service area. BILLING CODE 4000–01–P apply to institutions of higher education only. b. Principles of Effectiveness: Programs, activities, and strategies DEPARTMENT OF EDUCATION II. Award Information implemented with funds awarded under this competition must meet the Type of Award: Discretionary grants. Office of Safe and Drug-Free Schools; requirements of the principles of Estimated Available Funds: $579,518. effectiveness described in section Overview Information; Safe and Drug- Contingent upon the availability of Free Schools and Communities 4115(a) of the ESEA (20 U.S.C. 7115(a)). funds and the quality of applications, c. Maintenance of Effort: Section 9521 (SDFSC) Programs for Native we may make additional awards later in Hawaiians; Notice Inviting Applications of the ESEA requires that LEAs may FY 2009 and in FY 2010 from the list receive a grant only if the SEA finds that for New Awards Using Fiscal Year (FY) of unfunded applicants from this 2008 Funds the combined fiscal effort per student or competition. the aggregate expenditures of the LEA Catalog of Federal Domestic Estimated Range of Awards: and the State with respect to the Assistance (CFDA) Number: 84.186C. $250,000–$300,000. provision of free public education by DATES: Applications Available: January Estimated Average Size of Awards: the LEA for the preceding fiscal year 22, 2009. $289,759. was not less than 90 percent of the Deadline for Transmittal of Estimated Number of Awards: 2. combined effort or aggregate Applications: March 9, 2009. Note: The Department is not bound by any expenditures for the second preceding Deadline for Intergovernmental estimates in this notice. fiscal year. Review: May 7, 2009. Project Period: Up to 60 months. IV. Application and Submission Full Text of Announcement III. Eligibility Information Information I. Funding Opportunity Description 1. Eligible Applicants: Organizations 1. Address to Request Application Purpose of Program: SDFSC Programs primarily serving and representing Package: You can obtain an application for Native Hawaiians awards grants to Native Hawaiians for the benefit of package via the Internet or from the organizations primarily serving and Native Hawaiians. program office. To obtain a copy via the representing Native Hawaiians to plan, Internet, use the following address: Note: In accordance with section 4117(b) of http://www.ed.gov/fund/grant/apply/ conduct, and administer programs to the ESEA, Native Hawaiian means any prevent or reduce violence, the use, individual any of whose ancestors were grantapps/index.html. To obtain a copy possession and distribution of illegal natives, prior to 1778, of the area that now from the program office, contact: Pat drugs, or delinquency. comprises the State of Hawaii. Rattler, U.S. Department of Education, Priority: In accordance with 34 CFR 400 Maryland Avenue, SW., room 2. Cost Sharing or Matching: This 75.105(b)(2)(iv), this priority is from 10073, Potomac Center Plaza (PCP), competition does not require cost sections 4115(b)(1)(C)(i) and 4117(c)(1) Washington, DC 20202–4260. sharing or matching. of the Elementary and Secondary Telephone: (202) 245–7893 or by e-mail: 3. Other: a. Equitable Participation by Education Act of 1965, as amended [email protected]. Private School Children and Teachers: (ESEA) (20 U.S.C. 7115 and 7117). If you use a telecommunications Section 9501 of the (ESEA) (20 U.S.C. Absolute Priority: For FY 2009 and device for the deaf (TDD), call the 7881), requires that State educational any subsequent year in which we make Federal Relay Service (FRS), toll free, at agencies (SEAs), local educational awards from the list of unfunded 1–800–877–8339. agencies (LEAs), or other entities applicants from this competition, this Individuals with disabilities can receiving funds under the Safe and priority is an absolute priority. Under 34 obtain a copy of the application package Drug-Free Schools and Communities CFR 75.105(c)(3) we consider only in an accessible format (e.g., Braille, Act provide for the equitable applications that meet this priority. large print, audiotape, or computer This priority is: participation of private school children, diskette) by contacting the program Projects to plan, conduct, and their teachers, and other educational contact person in this section. administer programs for Native personnel in private schools located in 2. Content and Form of Application Hawaiian youth to prevent or reduce areas served by the grant recipient. In Submission: Requirements concerning violence, the use, possession and order to ensure that grant program the content of an application, together distribution of illegal drugs, or activities address the needs of private with the forms you must submit, are in delinquency. school children, applicants must engage the application package for this Definition: The following definition is in timely and meaningful consultation competition. from section 4117(b) of the ESEA and with private school officials during the 3. Submission Dates and Times: applies to this competition: design and development of the program. Applications Available: January 22, Native Hawaiian means any This consultation must take place before 2009. individual any of whose ancestors were any decision is made that affects the Deadline for Transmittal of natives, prior to 1778, of the area that opportunities of eligible private school Applications: March 9, 2009. now comprises the State of Hawaii. children, teachers, and other Applications for grants under this Program Authority: 20 U.S.C. 7117. educational personnel to participate. competition may be submitted Applicable Regulations: The In order to ensure equitable electronically using the Grants.gov Education Department General participation of private school children, Apply site (Grants.gov), or in paper Administrative Regulations (EDGAR) in teachers, and other educational format by mail or hand delivery. For 34 CFR parts 74, 75, 77, 79, 80, 81, 82, personnel, an applicant must consult information (including dates and times) 84, 85, 86, 97, 98, 99, and 299. with private school officials on about how to submit your application
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electronically, or in paper format by • Your participation in Grants.gov is registration. Please note that the mail or hand delivery, please refer to voluntary. registration process may take five or section IV.6. Other Submission • When you enter the Grants.gov site, more business days to complete, and Requirements of this notice. you will find information about you must have completed all We do not consider an application submitting an application electronically registration steps to allow you to submit that does not comply with the deadline through the site, as well as the hours of successfully an application via requirements. operation. Grants.gov. In addition you will need to Individuals with disabilities who • Applications received by Grants.gov update your CCR registration on an need an accommodation or auxiliary aid are date and time stamped. Your annual basis. This may take three or in connection with the application application must be fully uploaded and more business days to complete. process should contact the person listed submitted and must be date and time • You will not receive additional under FOR FURTHER INFORMATION stamped by the Grants.gov system no point value because you submit your CONTACT in section VII in this notice. If later than 4:30:00 p.m., Washington, DC application in electronic format, nor the Department provides an time, on the application deadline date. will we penalize you if you submit your accommodation or auxiliary aid to an Except as otherwise noted in this application in paper format. individual with a disability in section, we will not accept your • If you submit your application connection with the application application if it is received—that is, date electronically, you must submit all process, the individual’s application and time stamped by the Grants.gov documents electronically, including all remains subject to all other system—after 4:30:00 p.m., Washington, information you typically provide on requirements and limitations in this DC time, on the application deadline the following forms: Application for notice. date. We do not consider an application Federal Assistance (SF 424), the Deadline for Intergovernmental that does not comply with the deadline Department of Education Supplemental Review: May 7, 2009. requirements. When we retrieve your Information for SF 424, Budget 4. Intergovernmental Review: This application from Grants.gov, we will Information—Non-Construction competition is subject to Executive notify you if we are rejecting your Programs (ED 524), and all necessary Order 12372 and the regulations in 34 application because it was date and time assurances and certifications. CFR part 79. Information about stamped by the Grants.gov system after • If you submit your application Intergovernmental Review of Federal 4:30:00 p.m., Washington, DC time, on electronically, you must attach any Programs under Executive Order 12372 the application deadline date. narrative sections of your application as is in the application package for this • The amount of time it can take to files in a .DOC (document), .RTF (rich competition. upload an application will vary text), or .PDF (Portable Document) 5. Funding Restrictions: We reference depending on a variety of factors, format. If you upload a file type other regulations outlining funding including the size of the application and than the three file types specified in this restrictions in the Applicable the speed of your Internet connection. paragraph or submit a password- Regulations section in this notice. Therefore, we strongly recommend that protected file, we will not review that 6. Other Submission Requirements: you do not wait until the application material. Applications for grants under this deadline date to begin the submission • Your electronic application must competition may be submitted process through Grants.gov. comply with any page-limit electronically or in paper format by mail • You should review and follow the requirements described in this notice. or hand delivery. Education Submission Procedures for • After you electronically submit a. Electronic Submission of submitting an application through your application, you will receive from Applications. We are participating as a Grants.gov that are included in the Grants.gov an automatic notification of partner in the Governmentwide application package for this competition receipt that contains a Grants.gov Grants.gov Apply site. The SDFSC to ensure that you submit your tracking number. (This notification Programs for Native Hawaiians application in a timely manner to the indicates receipt by Grants.gov only, not competition, CFDA Number 84.186C, is Grants.gov system. You can also find the receipt by the Department.) The included in this project. We request Education Submission Procedures Department then will retrieve your your participation in Grants.gov. pertaining to Grants.gov at http://e- application from Grants.gov and send a If you choose to submit your Grants.ed.gov/help/ second notification to you by e-mail. application electronically, you must use GrantsgovSubmissionProcedures.pdf. This second notification indicates that • the Governmentwide Grants.gov Apply To submit your application via the Department has received your site at http://www.Grants.gov. Through Grants.gov, you must complete all steps application and has assigned your this site, you will be able to download in the Grants.gov registration process application a PR/Award number (an ED- a copy of the application package, (see http://www.grants.gov/applicants/ specified identifying number unique to _ complete it offline, and then upload and get registered.jsp). These steps include your application). submit your application. You may not (1) Registering your organization, a • We may request that you provide us e-mail an electronic copy of a grant multi-part process that includes original signatures on forms at a later application to us. registration with the Central Contractor date. You may access the electronic grant Registry (CCR); (2) registering yourself Application Deadline Date Extension application for the SDFSC Programs for as an Authorized Organization in Case of Technical Issues with the Native Hawaiians competition at Representative (AOR); and (3) getting Grants.gov System: If you are http://www.Grants.gov. You must search authorized as an AOR by your experiencing problems submitting your for the downloadable application organization. Details on these steps are application through Grants.gov, please package for this competition by the outlined in the Grants.gov 3-Step contact the Grants.gov Support Desk, CFDA number. Do not include the Registration Guide (see http://www. toll free, at 1–800–518–4726. You must CFDA number’s alpha suffix in your grants.gov/section910/Grants.gov obtain a Grants.gov Support Desk Case search (e.g., search for 84.186, not RegistrationBrochure.pdf). You also Number and must keep a record of it. 84.186C). must provide on your application the If you are prevented from Please note the following: same D-U-N-S Number used with this electronically submitting your
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application on the application deadline accept either of the following as proof requirements in the Applicable date because of technical problems with of mailing: Regulations section of this notice. the Grants.gov system, we will grant you (1) A private metered postmark. We reference the regulations outlining an extension until 4:30:00 p.m., (2) A mail receipt that is not dated by the terms and conditions of an award in Washington, DC time, the following the U.S. Postal Service. the Applicable Regulations section of business day to enable you to transmit If your application is postmarked after this notice and include these and other your application electronically or by the application deadline date, we will specific conditions in the GAN. The hand delivery. You also may mail your not consider your application. GAN also incorporates your approved application by following the mailing Note: The U.S. Postal Service does not application as part of your binding instructions described elsewhere in this uniformly provide a dated postmark. Before commitments under the grant. notice. relying on this method, you should check 3. Reporting: At the end of your If you submit an application after with your local post office. project period, you must submit a final performance report, including financial 4:30:00 p.m., Washington, DC time, on c. Submission of Paper Applications information, as directed by the the application deadline date, please by Hand Delivery. Secretary. If you receive a multi-year contact the person listed under FOR If you submit your application in award, you must submit an annual FURTHER INFORMATION CONTACT in paper format by hand delivery, you (or performance report that provides the section VII in this notice and provide an a courier service) must deliver the most current performance and financial explanation of the technical problem original and two copies of your expenditures information as directed by you experienced with Grants.gov, along application by hand, on or before the the Secretary under 34 CFR 75.118. The with the Grants.gov Support Desk Case application deadline date, to the Secretary may also require more Number. We will accept your Department at the following address: frequent performance reports under 34 application if we can confirm that a U.S. Department of Education, CFR 75.720(c). For specific technical problem occurred with the Application Control Center, Attention: requirements on reporting, please go to Grants.gov system and that that problem (CFDA Number 84.186C), 550 12th http://www.ed.gov/fund/grant/apply/ affected your ability to submit your Street, SW., Room 7041, Potomac Center appforms/appforms.html. application by 4:30:00 p.m., Plaza, Washington, DC 20202–4260. Washington, DC time, on the 4. Performance Measures: The The Application Control Center Secretary has established the following application deadline date. The accepts hand deliveries daily between Department will contact you after a key performance measures for assessing 8:00 a.m. and 4:30:00 p.m., Washington, the effectiveness of SDFSC Programs for determination is made on whether your DC time, except Saturdays, Sundays, application will be accepted. Native Hawaiians: and Federal holidays. (1) The percentage of students Note: The extensions to which we refer in Note for Mail or Hand Delivery of Paper annually served by the grant who show this section apply only to the unavailability Applications: If you mail or hand deliver of, or technical problems with, the Grants.gov a decrease in violent or disruptive your application to the Department— behavior, or delinquency; and system. We will not grant you an extension (1) You must indicate on the envelope if you failed to fully register to submit your (2) The percentage of students and—if not provided by the Department—in annually served by the Grant who show application to Grants.gov before the Item 11 of the SF 424 the CFDA number, application deadline date and time or if the including suffix letter, if any, of the a decrease in the use of illegal drugs. technical problem you experienced is competition under which you are submitting These measures constitute the unrelated to the Grants.gov system. your application; and Department’s indicators of success for b. Submission of Paper Applications (2) The Application Control Center will this program. Consequently, we advise by Mail. mail to you a notification of receipt of your an applicant for a grant under this grant application. If you do not receive this program to give careful consideration to If you submit your application in notification within 15 business days from the paper format by mail (through the U.S. these measures in conceptualizing the application deadline date, you should call approach and evaluation for its Postal Service or a commercial carrier), the U.S. Department of Education you must mail the original and two proposed project. Each grantee will be Application Control Center at (202) 245– required to provide in its annual and copies of your application, on or before 6288. the application deadline date, to the final performance reports data about its Department at the following address: V. Application Review Information progress in meeting these measures. U.S. Department of Education, Selection Criteria: The selection VII. Agency Contacts Application Control Center, Attention: criteria for this competition are from 34 For Further Information Contact: Pat (CFDA Number 84.186C), LBJ Basement CFR 75.210 and are listed in the Rattler, U.S. Department of Education, Level 1, 400 Maryland Avenue, SW., application package. 400 Maryland Avenue, SW., room Washington, DC 20202–4260. VI. Award Administration Information 10073, Potomac Center Plaza (PCP), You must show proof of mailing Washington, DC 20202–4260. consisting of one of the following: 1. Award Notices: If your application Telephone: (202) 245–7893 or by e-mail: (1) A legibly dated U.S. Postal Service is successful, we notify your U.S. [email protected]. postmark. Representative and U.S. Senators and If you use a TDD, call the FRS, toll (2) A legible mail receipt with the send you a Grant Award Notification free, at 1–800–877–8339. date of mailing stamped by the U.S. (GAN). We may notify you informally, Postal Service. also. VIII. Other Information (3) A dated shipping label, invoice, or If your application is not evaluated or Accessible Format: Individuals with receipt from a commercial carrier. not selected for funding, we notify you. disabilities can obtain this document (4) Any other proof of mailing 2. Administrative and National Policy and a copy of the application package in acceptable to the Secretary of the U.S. Requirements: We identify an accessible format (e.g., braille, large Department of Education. administrative and national policy print, audiotape, or computer diskette) If you mail your application through requirements in the application package on request to the program contact the U.S. Postal Service, we do not and reference these and other person listed under FOR FURTHER
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INFORMATION CONTACT in section VII in j. Deadline for filing comments, magnifica snail population below the this notice. motions to intervene and protests: dam. APC would also provide Electronic Access to This Document: January 28, 2009. appropriate notice to the public of You can view this document, as well as All documents (original and eight periods in which flows below the dam all other documents of this Department copies) should be filed with: Kimberly may be modified. published in the Federal Register, in D. Bose, Secretary, Federal Energy l. Location of the Application: The text or Adobe Portable Document Regulatory Commission, 888 First filing is available for inspection and Format (PDF) on the Internet at the Street, NE., Washington, DC 20426. reproduction at the Commission’s following site: http://www.ed.gov/news/ The Commission’s Rules of Practice Public Reference Room, located at 888 fedregister. and Procedure require all intervenors First Street, NE, Room 2A, Washington, To use PDF you must have Adobe filing documents with the Commission DC 20426 or by calling (202) 502–8371. Acrobat Reader, which is available free to serve a copy of that document on This filing may also be viewed on the at this site. If you have questions about each person whose name appears on the Commission’s Web site at http://ferc.gov using PDF, call the U.S. Government official service list for the project. using the ‘‘eLibrary’’ link. Enter the Printing Office (GPO), toll free, at 1– Further, if an intervenor files comments docket number (P–618) in the docket 888–293–6498; or in the Washington, or documents with the Commission number field to access the document. DC, area at (202) 512–1530. relating to the merits of an issue that You may also register online at http:// may affect the responsibilities of a www.ferc.gov/docsfiling/ Note: The official version of this document particular resource agency, they must is the document published in the Federal esubscription.asp to be notified via e- Register. Free Internet access to the official also serve a copy of the document on mail of new filings and issuances edition of the Federal Register and the Code that resource agency. A copy of any related to this or other pending projects. of Federal Regulations is available on GPO motion to intervene must also be served For assistance, call 1–866–208–3676 or Access at: http://www.gpoaccess.gov/nara/ upon each representative of the e-mail [email protected]. index.html. Applicant specified in the particular For TTY, call (202) 502–8659. A copy is application. also available for inspection and Dated: January 14, 2009. k. Description of Request: Alabama reproduction at the address in item (h) Deborah A. Price, Power Company (APC) is requesting a above. Assistant Deputy Secretary For Safe and temporary variance of the Jordan Dam m. Individuals desiring to be included Drug-Free Schools. Project’s minimum flow requirements on the Commission’s mailing list should [FR Doc. E9–1194 Filed 1–21–09; 8:45 am] due to continuing drought conditions in so indicate by writing to the Secretary BILLING CODE 4000–01–P the southeast, and to ensure, to the of the Commission. extent possible, that there will be n. Comments, Protests, or Motions to sufficient water available in the Coosa Intervene: Anyone may submit DEPARTMENT OF ENERGY River to support both reservoir and comments, a protest, or a motion to downstream environmental, municipal intervene in accordance with the Federal Energy Regulatory and industrial water supply and requirements of Rules of Practice and Commission navigation needs. The project license Procedure, 18 CFR 385.210, .211, .214. requires, from July 1 through March 31, In determining the appropriate action to [Project No. 618–182] a continuous minimum base flow of take, the Commission will consider all Alabama Power Company; Notice of 2,000 cubic feet per second (cfs), protests or other comments filed, but Application for Amendment of License regardless of inflow. Beginning April 1, only those who file a motion to and Soliciting Comments, Motions To a continuous minimum base flow of intervene in accordance with the Intervene, and Protests 4,000 cubic feet per second (cfs) is Commission’s Rules may become a required for 18 hours per day, with a party to the proceeding. Any comments, January 13, 2009. pulse flow release for 6 hours per day. protests, or motions to intervene must Take notice that the following During June, flows are ramped back be received on or before the specified hydroelectric application has been filed down in daily increments to a comment date for the particular with the Commission and is available continuous 2,000 cfs. APC is requesting application. for public inspection: a variance to release from Jordan Dam o. Any filings must bear in all capital a. Type of Application: Request for no less than a continuous flow of 2,000 letters the title ‘‘COMMENTS’’, Temporary Variance of Minimum Flow cfs, ± 5 percent, from January 1, 2009 ‘‘PROTEST’’, or ‘‘MOTION TO Requirement. through December 31, 2009. The INTERVENE’’, as applicable, and the b. Project No.: 618–182. licensee indicates that, in 2009, it would Project Number of the particular c. Date Filed: January 8, 2009. be its intent to provide flows as close to application to which the filing refers. d. Applicant: Alabama Power normal operation as possible, while p. Agency Comments: Federal, state, Company. maintaining flexibility to adjust to and local agencies are invited to file e. Name of Project: Jordan Dam. changing drought conditions. Any comments on the described application. f. Location: On the Coosa River, in adjustments that were to involve A copy of the application may be Elmore, Chilton, and Coosa Counties, reductions in flow releases would be obtained by agencies directly from the Alabama. performed by ramping down flows by Applicant. If an agency does not file g. Filed Pursuant to: Federal Power no more than 66.7 cfs per day. The comments within the time specified for Act, 16 U.S.C. 791a–825r. licensee is also proposing to facilitate filing comments, it will be presumed to h. Applicant Contact: Barry Lovett, conference calls with the resource have no comments. One copy of an Alabama Power Company, 600 N. 18th agencies to discuss project flow releases agency’s comments must also be sent to Street, P.O. Box 2641, Birmingham, AL and operations, to address drought- the Applicant’s representatives. 35291, (205) 257–1258. related issues, and to coordinate with q. Comments, protests and i. FERC Contact: Peter Yarrington, the U.S. Fish and Wildlife Service in interventions may be filed electronically [email protected], (202) 502– conducting any appropriate monitoring via the Internet in lieu of paper. See, 18 6129. of the federally-listed Tulotoma CFR 385.2001(a)(I)(iii) and the
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instructions on the Commission’s Web person believes that an additional reproduction at the address in item h site at http://www.ferc.gov under the ‘‘e- scientific study should be conducted in above. Filing’’ link. order to form a factual basis for p. You may also register online at complete analysis of the application on http://www.ferc.gov/docs-filing/ Kimberly D. Bose, its merits, the resource agency, Indian esubscription.asp to be notified via e- Secretary. tribe, or person must file a request for mail of new filings and issuances [FR Doc. E9–1132 Filed 1–21–09; 8:45 am] the study with the Commission no later related to this or other pending projects. BILLING CODE 6717–01–P than 60 days from the application filing For assistance, contact FERC Online date, and serve a copy of the request on Support. the applicant. q. With this notice, we are initiating DEPARTMENT OF ENERGY l. Deadline for filing additional study consultation with the Illinois Historic Preservation Officer (SHPO), as required Federal Energy Regulatory requests and requests for cooperating by section 106, National Historic Commission agency status: March 2, 2009. All documents (original and eight Preservation Act, and the regulations of [Project No. 13351–000] copies) should be filed with: Kimberly the Advisory Council on Historic D. Bose, Secretary, Federal Energy Preservation, 36 CFR pt. 800.4. Marseilles Land & Water Company; Regulatory Commission, 888 First r. Final amendments: Final Notice of Application Tendered for Street, NE., Washington, DC 20426. amendments to the application must be Filing With the Commission, Soliciting Additional study requests may be filed with the Commission no later than Additional Study Requests, and filed electronically via the Internet in 30 days from the issuance date of the Establishing a Deadline for lieu of paper. The Commission strongly notice of ready for environmental Submission of Final Amendments encourages electronic filing. See 18 CFR analysis. January 13, 2009. 385.2001(a)(1)(iii) and the instructions Kimberly D. Bose, Take notice that the following on the Commission’s Web site (http:// Secretary. www.ferc.gov) under the ‘‘eFiling’’ link. hydroelectric application has been filed [FR Doc. E9–1133 Filed 1–21–09; 8:45 am] After logging into the eFiling system, with the Commission and is available BILLING CODE 6717–01–P for public inspection. select ‘‘Comment on Filing’’ from the a. Type of Application: Original Filing Type Selection screen and License. continue with the filing process. DEPARTMENT OF ENERGY b. Project No.: 13351–000. m. This application is not ready for c. Date filed: December 30, 2008. environmental analysis at this time. Federal Energy Regulatory d. Applicant: Marseilles Land & Water n. Project Description: The Marseilles Commission Company. Lock and Dam Project would utilize the [Docket No. EL09–28–000] e. Name of Project: Marseilles Lock head created by the existing 24-foot- and Dam Project. high Army Corps of Engineers (Corps) City of Pasadena, CA; Notice of Filing f. Location: On the Illinois River, in Marseilles Lock and Dam and two the town of Marseilles, La Salle County, existing Corps headgate structures and January 2, 2009. Illinois. This project would not occupy would consist of: (1) The existing north Take notice that on December 23, any federal lands. and south headraces in which a portion 2008, the City of Pasadena, California g. Filed Pursuant to: Federal Power of the south headrace would be filled in filed its fourth annual revision to its Act 16 U.S.C. 791 (a)–825 (r). and joined to the existing north Transmission Revenue Balancing h. Applicant Contact: Lee W. Mueller, headrace which would be deepened to Account Adjustment, to become Architect and Vice President, Marseilles accommodate the flow from both effective January 1, 2009. Land & Water Company, 4132 S. headraces leading to; (2) a new intake Any person desiring to intervene or to Rainbow Blvd., #247, Las Vegas, NV structure and forebay leading to; (3) a protest this filing must file in 89103, (702) 367–7302. new powerhouse containing four accordance with Rules 211 and 214 of i. FERC Contact: Steve Kartalia, generating units with a total installed the Commission’s Rules of Practice and [email protected], (202) 502– capacity of 10.26 megawatts (MW); (4) a Procedure (18 CFR 385.211, 385.214). 6131. new tailrace discharging water back to Protests will be considered by the j. Cooperating Agencies: We are the Illinois River; (5) a new Commission in determining the asking Federal, state, and local agencies underground transmission line; and (6) appropriate action to be taken, but will and Indian tribes with jurisdiction and/ appurtenant facilities. not serve to make protestants parties to or special expertise with respect to The project would operate in a run-of- the proceeding. Any person wishing to environmental issues to cooperate with river mode. become a party must file a notice of us in the preparation of the o. A copy of the application is on file intervention or motion to intervene, as environmental document. Agencies who with the Commission and is available appropriate. Such notices, motions, or would like to request cooperating status for public inspection. This filing may protests must be filed on or before the should follow the instructions for filing also be viewed on the Web at http:// comment date. On or before the comments described in item l below. www.ferc.gov using the ‘‘eLibrary’’ link. comment date, it is not necessary to Cooperating agencies should note the Enter the docket number, excluding the serve motions to intervene or protests Commission’s policy that agencies that last three digits in the docket number on persons other than the Applicant. cooperate in the preparation of the filed to access the documents. For The Commission encourages environmental document cannot also assistance, please contact FERC Online electronic submission of protests and intervene. See 94 FERC ¶ § 61,076 Support at interventions in lieu of paper using the (2001). [email protected] or toll ‘‘eFiling’’ link at http://www.ferc.gov. k. Pursuant to Section 4.32(b)(7) of 18 free at (866) 208–3676 or for TTY, Persons unable to file electronically CFR of the Commission’s regulations, if contact (202) 502–8659. A copy is also should submit an original and 14 copies any resource agency, Indian tribe, or available for inspection and of the protest or intervention to the
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Federal Energy Regulatory Commission, Procedure (18 CFR 385.211, 385.214). DEPARTMENT OF ENERGY 888 First Street, NE., Washington, DC Protests will be considered by the 20426. Commission in determining the Federal Energy Regulatory This filing is accessible on-line at appropriate action to be taken, but will Commission http://www.ferc.gov, using the not serve to make protestants parties to ‘‘eLibrary’’ link and is available for the proceeding. Any person wishing to Sunshine Act Meeting Notice review in the Commission’s Public become a party must file a notice of Reference Room in Washington, DC. intervention or motion to intervene, as January 8, 2009. There is an ‘‘eSubscription’’ link on the appropriate. Such notices, motions, or The following notice of meeting is Web site that enables subscribers to protests must be filed on or before the published pursuant to section 3(a) of the receive e-mail notification when a comment date. On or before the government in the Sunshine Act (Pub. document is added to a subscribed comment date, it is not necessary to L. No. 94–409), 5 U.S.C. 552b: docket(s). For assistance with any FERC serve motions to intervene or protests Online service, please e-mail on persons other than the Applicant. AGENCY HOLDING MEETING: Federal [email protected], or call The Commission encourages Energy Regulatory Commission. electronic submission of protests and (866) 208–3676 (toll free). For TTY, call DATE AND TIME: January 15, 2009, 10 a.m. (202) 502–8659. interventions in lieu of paper using the Comment Date: 5 p.m. Eastern Time ‘‘eFiling’’ link at http://www.ferc.gov. PLACE: Room 2C, 888 First Street, NE., on January 22, 2009. Persons unable to file electronically Washington, DC 20426. should submit an original and 14 copies STATUS: Kimberly D. Bose, of the protest or intervention to the Open. Secretary. Federal Energy Regulatory Commission, MATTERS TO BE CONSIDERED: Agenda. [FR Doc. E9–1126 Filed 1–21–09; 8:45 am] 888 First Street, NE., Washington, DC * Note —Items listed on the agenda may be BILLING CODE 6717–01–P 20426. This filing is accessible on-line at deleted without further notice. http://www.ferc.gov, using the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY ‘‘eLibrary’’ link and is available for Kimberly D. Bose, Secretary, Telephone review in the Commission’s Public Federal Energy Regulatory Reference Room in Washington, DC. (202) 502–8400. Commission There is an ‘‘eSubscription’’ link on the For a recorded message listing items [Docket No. EL09–27–000] Web site that enables subscribers to struck from or added to the meeting, call receive e-mail notification when a (202) 502–8627. City of Riverside, CA; Notice of Filing document is added to a subscribed This is a list of matters to be docket(s). For assistance with any FERC considered by the Commission. It does January 2, 2009. Online service, please e-mail Take notice that on December 23, not include a listing of all documents [email protected], or call relevant to the items on the agenda. All 2008, the City of Riverside, California (866) 208–3676 (toll free). For TTY, call public documents, however, may be filed its sixth annual revision to its (202) 502–8659. Transmission Revenue Balancing Comment Date: 5 p.m. Eastern Time viewed on line at the Commission’s Account Adjustment, to become on January 22, 2009. Web site at http://www.ferc.gov using effective January 1, 2009. the eLibrary link, or may be examined Any person desiring to intervene or to Kimberly D. Bose, in the Commission’s Public Reference protest this filing must file in Secretary. Room. accordance with Rules 211 and 214 of [FR Doc. E9–1127 Filed 1–21–09; 8:45 am] the Commission’s Rules of Practice and BILLING CODE 6717–01–P
944TH—MEETING
Item No. Docket No. Company
Administrative
A–1 ...... AD02–1–000 ...... Agency Administrative Matters. A–2 ...... AD02–7–000 ...... Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD06–3–000 ...... Energy Market Update.
Electric
E–1 ...... AD09–3–000 ...... Compliance with Mandatory Reliability Standards. E–2 ...... OMITTED. E–3 ...... OMITTED. E–4 ...... OMITTED. E–5 ...... RR08–6–001, RR07–14–002 ...... North American Electric Reliability Corporation. E–6 ...... QF09–37–001 ...... Ausra CA I, LLC. E–7 ...... ER04–449–005 ...... New York Independent System Operator, Inc. and New York Transmission Owners. ER04–449–006. ER04–449–009. ER04–449–010. ER04–449–011. ER04–449–012. ER04–449–013. ER04–449–014.
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944TH—MEETING—Continued
Item No. Docket No. Company
ER04–449–015. ER04–449–017. E–8 ...... ER07–521–005 ...... New York Independent System Operator, Inc. E–9 ...... OMITTED. E–10 ...... OMITTED. E–11 ...... EL08–12–001 ...... PJM Industrial Customer Coalition v. PJM Interconnection, L.L.C. E–12 ...... OMITTED. E–13 ...... ER05–849–009 ...... California Independent System Operator Corporation. E–14 ...... OMITTED. E–15 ...... ER08–1170–001 ...... PJM Interconnection, L.L.C. E–16 ...... ER07–653–001 ...... The United Illuminating Company. E–17 ...... OMITTED. E–18 ...... ER06–1458–000 ...... E. On U.S., LLC. ER06–1458–001. ER06–1458–002. E–19 ...... EL03–37–009 ...... Town of Norwood Massachusetts v. National Grid USA, New England Electric System, Massachusetts Electric Company, and Narragansett Electric Light Company. E–20 ...... ER08–966–001 ...... Northeast Utilities Service Company. E–21 ...... PA08–2–000 ...... Southwest Power Pool, Inc. E–22 ...... ER03–563–064 ...... Devon Power LLC. E–23 ...... ER00–3251–015 ...... Exelon Generation Company, LLC. ER00–3251–017. ER99–754–016 ...... AmerGen Energy Company, LLC. ER99–754–017. ER98–1734–014 ...... Commonwealth Edison Company. ER98–1734–016. ER01–1919–011 ...... Exelon Energy Company. ER01–1919–013. ER01–1147–006, ER01–1147–007 ...... PECO Energy Company. ER01–513–021 ...... Exelon West Medway, LLC. ER01–513–022 ...... Exelon Wyman, LLC, Exelon New Boston, LLC, Exelon Framingham, LLC. ER99–2404–011, ER99–2404–012 ...... Exelon New England Power Marketing, L.P. E–24 ...... ER08–412–002 ...... Commonwealth Edison Company, Exelon Generation Company, LLC. E–25 ...... EL08–72–000 ...... NRG Energy, Inc. v. Entergy Services, Inc. E–26 ...... EL08–84–000 ...... Arkansas Electric Energy Consumers, Inc. v. Entergy Corporation, Entergy Services, Inc., Entergy Arkansas, Inc., Entergy Gulf States, Louisiana, Inc., Entergy Louisiana, L.L.C., Entergy Mississippi, Inc., Entergy New Orleans, Inc. and Entergy Texas, Inc. E–27 ...... ER06–787–002, ER06–787–003 ...... Idaho Power Company. E–28 ...... EL08–46–000, EL08–46–001 ...... MMC Energy, Inc. v. California Independent System Operator Corporation.
Gas
G–1 ...... RP04–274–000 ...... Kern River Gas Transmission Company. RP04–274–009. RP00–157–015. G–2 ...... IN09–7–000 ...... Tenaska Marketing Ventures, Tenaska Energy Services, LLC, Tenaska Gas Company, Tenaska Gas Storage, Tenaska Grimes, Inc., Tenaska Marketing, Inc., Tenaska Op- erations, Inc., Tenaska Storage Company. IN09–8–000 ...... ONEOK, Inc., ONEOK Partners, L.P., ONEOK Energy Services Company, L.P., ONEOK Energy Marketing Company, ONEOK Energy Services Canada, LTD, ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C., Bear Paw Energy, L.L.C., Kansas Gas Service, a division of ONEOK, Inc. IN09–11–000 ...... Klabzuba Oil & Gas, F.L.P. IN09–12–000 ...... Jefferson Energy Trading, LLC, Wizco, Inc., Golden Stone Resources, LLC. G–3 ...... IN09–9–000 ...... Seminole Energy Services, LLC, Seminole Gas Company, LLC, Seminole High Plains, LLC, Lakeshore Energy Services, LLC, Vanguard Energy Services, LLC. G–4 ...... IN09–10–000 ...... National Fuel Marketing Company, LLC, NFM Midstream, LLC, NFM Texas Pipeline, LLC, NFM Texas Gathering, LLC.
Hydro
H–1 ...... P–10359–039 ...... Snoqualmie River Hydro, Inc. Public Utility District No. 1 of Snohomish County, Wash- ington. H–2 ...... P–2485–051, P–1889–070 ...... FirstLight Hydro Generating Company.
Certificates
C–1 ...... CP07–62–000 ...... AES Sparrows Point LNG, LLC. CP07–63–000 ...... Mid-Atlantic Express, LLC. CP07–64–000. CP07–65–000. C–2 ...... CP06–365–002 ...... Bradwood Landing LLC.
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944TH—MEETING—Continued
Item No. Docket No. Company
CP06–366–002 ...... NorthernStar Energy LLC. CP06–376–002. CP06–377–002. C–3 ...... CP05–130–005 ...... Dominion Cove Point, LNG, LP. CP05–132–004. CP05–395–004. CP05–131–004 ...... Dominion Transmission, Inc. C–4 ...... CP08–431–000 ...... Columbia Gas Transmission Corporation. C–5 ...... CP09–34–000 ...... ConocoPhillips Alaska Natural Gas Corporation and Marathon Oil Company.
Kimberly D. Bose, Part 34, of future issuances of securities (866) 208–3676 (toll free). For TTY, call Secretary. and assumptions of liability. (202) 502–8659. A free Web cast of this event is Any person desiring to intervene or to Kimberly D. Bose, available through http://www.ferc.gov. protest should file with the Federal Secretary. Anyone with Internet access who Energy Regulatory Commission, 888 [FR Doc. E9–1134 Filed 1–21–09; 8:45 am] First Street, NE., Washington, DC 20426, desires to view this event can do so by BILLING CODE 6717–01–P navigating to http://www.ferc.gov’s in accordance with Rules 211 and 214 Calendar of Events and locating this of the Commission’s Rules of Practice event in the Calendar. The event will and Procedure (18 CFR 385.211 and contain a link to its Web cast. The 385.214). Anyone filing a motion to ENVIRONMENTAL PROTECTION Capitol Connection provides technical intervene or protest must serve a copy AGENCY support for the free Web casts. It also of that document on the Applicant. [EPA–R09–OAR–2008–0323; FRL–8763–8] offers access to this event via television Notice is hereby given that the in the DC area and via phone bridge for deadline for filing protests with regard Adequacy Status of Motor Vehicle a fee. If you have any questions, visit to the applicant’s request for blanket Emissions Budgets in Submitted San http://www.CapitolConnection.org or authorization, under 18 CFR part 34, of Joaquin Valley 8-Hour Ozone contact Danelle Springer or David future issuances of securities and Reasonable Further Progress and Reininger at 703–993–3100. assumptions of liability, is February 2, Attainment Plan for Transportation Immediately following the conclusion 2009. Conformity Purposes; California of the Commission Meeting, a press briefing will be held in the Commission The Commission encourages AGENCY: Environmental Protection Meeting Room. Members of the public electronic submission of protests and Agency (EPA). may view this briefing in the designated interventions in lieu of paper, using the ACTION: Notice of adequacy and overflow room. This statement is FERC Online links at http:// inadequacy. intended to notify the public that the www.ferc.gov. To facilitate electronic SUMMARY: press briefings that follow Commission service, persons with Internet access In this notice, EPA is meetings may now be viewed remotely who will eFile a document and/or be notifying the public that the Agency has at Commission headquarters, but will listed as a contact for an intervenor found that the motor vehicle emissions not be telecast through the Capitol must create and validate an budgets for the years 2011, 2014 and Connection service. eRegistration account using the 2017 from the San Joaquin Valley 2007 eRegistration link. Select the eFiling Ozone Plan are adequate for [FR Doc. E9–1089 Filed 1–21–09; 8:45 am] link to log on and submit the transportation conformity purposes. In BILLING CODE 6717–01–P intervention or protests. this notice, EPA is also notifying the public that the Agency has found that Persons unable to file electronically the motor vehicle emissions budgets for DEPARTMENT OF ENERGY should submit an original and 14 copies the years 2008, 2020 and 2023 from the of the intervention or protest to the San Joaquin Valley 2007 Ozone Plan are Federal Energy Regulatory Federal Energy Regulatory Commission, inadequate for transportation Commission 888 First St., NE., Washington, DC conformity purposes. The San Joaquin 20426. Valley 2007 Ozone Plan was submitted [Docket No. ER09–498–000] The filings in the above-referenced to EPA on November 16, 2007 by the Vickers Power, LLC; Supplemental proceeding are accessible in the California Air Resources Board (CARB) Notice That Initial Market-Based Rate Commission’s eLibrary system by as a revision to the California State Filing Includes Request for Blanket clicking on the appropriate link in the Implementation Plan (SIP), and includes Section 204 Authorization above list. They are also available for reasonable further progress and review in the Commission’s Public attainment demonstrations for the 8- January 13, 2009. Reference Room in Washington, DC. hour ozone standard. On February 1, This is a supplemental notice in the There is an eSubscription link on the 2008, CARB submitted supplemental above-referenced proceeding of Vickers Web site that enables subscribers to technical information related to Power, LLC’s application for market- receive e-mail notification when a reasonable further progress for the 8- based rate authority, with an document is added to a subscribed hour ozone standard in San Joaquin accompanying rate tariff, noting that dockets(s). For assistance with any Valley. As a result of our adequacy such application includes a request for FERC Online service, please e-mail findings, the San Joaquin Valley blanket authorization, under 18 CFR [email protected], or call Metropolitan Planning Organizations
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and the U.S. Department of (775) 833–1276 or budgets in the submitted San Joaquin Transportation must use the adequate [email protected]. Valley 2007 Ozone Plan, as budgets, and cannot use the inadequate supplemented by CARB on February 1, budgets, for future conformity SUPPLEMENTARY INFORMATION: 2008, for the reasonable further progress determinations. Throughout this document, whenever (RFP) milestone years of 2011, 2014, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2017 are adequate. The finding is DATES: This finding is effective February EPA. available at EPA’s conformity Web site: 6, 2009. Today’s notice is simply an http://www.epa.gov/otaq/state FOR FURTHER INFORMATION CONTACT: announcement of a finding that we have resources/transconf/adequacy.htm. The Karina O’Connor, U.S. EPA, Region IX, already made. EPA Region IX sent a adequate motor vehicle emissions Air Division AIR–2, 75 Hawthorne letter to CARB on January 8, 2009 budgets are provided in the following Street, San Francisco, CA 94105–3901; stating that the motor vehicle emissions table:
MOTOR VEHICLE EMISSION BUDGETS [Summer planning tons per day]
Year 2011 2014 2017
1 1 1 County VOC NOX VOC NOX VOC NOX
Fresno ...... 15.5 47.9 12.9 37.2 11.1 29.1 Kern (SJV)...... 15.7 79.4 13.5 64.1 11.6 49.5 Kings ...... 3.4 15.9 2.8 12.3 2.3 9.4 Madera ...... 3.7 12.2 3.1 9.7 2.6 7.7 Merced ...... 6.2 28.8 5.1 22.3 4.2 17.1 San Joaquin ...... 12.1 34.7 10.1 27.8 8.6 21.3 Stanislaus ...... 9.0 22.3 7.5 17.2 6.5 13.4 Tulare ...... 9.2 20.9 7.7 16.6 6.7 13.1 1 The plan uses a comparable State term, reactive organic gases (ROG).
Our letter dated January 8, 2009 also included additional on-road mobile do not result from specific or states that budgets for 2008, 2020, and source emissions reductions in the enforceable control measures. As a 2023 are inadequate for transportation budgets for 2020 and 2023 from the result, three of the transportation conformity purposes. The San Joaquin 2007 State Strategy for the California conformity rule’s adequacy criteria are Valley 8-hour ozone plan does not show SIP. The adequate budgets include no not met (40 CFR 93.118(e)(4)(iii), (iv), reasonable further progress for the year such reductions but rather reflect and (v)) for these budgets. The 2008. As a result, one of the emissions reductions from CARB rules inadequate motor vehicle emissions transportation conformity rule’s that have already been adopted. EPA budgets are provided in the following adequacy criteria is not met (40 CFR has determined that the 2020 and 2023 table: 93.118(e)(4)(iv)), and thus, the 2008 budgets are inadequate because they budget is inadequate. The State has include new emission reductions that
INADEQUATE MOTOR VEHICLE EMISSION BUDGETS [Summer planning tons per day]
Year 2008 2020 2023
1 1 1 County VOC NOX VOC NOX VOC NOX
Fresno ...... 18.6 58.5 8.0 16.9 7.8 15.7 Kern (SJV) ...... 18.1 93.9 8.5 28.4 8.1 24.8 Kings ...... 3.9 18.3 1.7 5.3 1.6 4.7 Madera ...... 4.4 14.6 1.9 4.8 1.9 4.5 Merced ...... 7.4 35.5 2.9 9.9 2.8 9.0 San Joaquin...... 13.9 40.0 6.3 12.7 6.3 11.9 Stanislaus ...... 10.5 26.7 4.9 8.0 4.6 7.1 Tulare ...... 10.5 23.4 5.2 8.4 4.8 7.4 1 The plan uses a comparable State term, reactive organic gases (ROG).
Receipt of the motor vehicle site: http://www.epa.gov/otaq/state whether or not they do conform. emissions budgets in the San Joaquin resources/transconf/adequacy.htm. Conformity to a SIP means that Valley 2007 Ozone Plan was announced Transportation conformity is required transportation activities will not on EPA’s transportation conformity Web by Clean Air Act section 176(c). EPA’s produce new air quality violations, site on April 18, 2008. We received conformity rule requires that worsen existing violations, or delay comments in response to the adequacy transportation plans, transportation timely attainment of the national review posting. The finding and the improvement programs, and projects ambient air quality standards. response to comments are available at conform to SIPs and establishes the The criteria by which we determine EPA’s transportation conformity Web criteria and procedures for determining whether a SIP’s motor vehicle emission
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budgets are adequate for conformity Pennsylvania Avenue, NW., ICR Numbers: EPA ICR Number purposes are outlined in 40 CFR Washington, DC 20460, and (2) OMB at: 2027.04, OMB Control Number 2060– 93.118(e)(4) which was promulgated in Office of Information and Regulatory 0516. our August 15, 1997 final rule (62 FR Affairs, Office of Management and ICR Status: This ICR is scheduled to 43780, 43781–43783). We have further Budget (OMB), Attention: Desk Officer expire on March 31, 2009. Under OMB described our process for determining for EPA, 725 17th Street, NW., regulations, the Agency may continue to the adequacy of submitted SIP budgets Washington, DC 20503. conduct or sponsor the collection of in our July 1, 2004 final rule (69 FR FOR FURTHER INFORMATION CONTACT: information while this submission is 40004, 40038), and we used the Sounjay Gairola, Office of Enforcement pending at OMB. An Agency may not information in these resources in and Compliance Assurance, conduct or sponsor, and a person is not making our adequacy determination. Environmental Protection Agency, 1200 required to respond to, a collection of Please note that an adequacy review is Pennsylvania Avenue, NW., information unless it displays a separate from EPA’s completeness Washington, DC 20460; telephone currently valid OMB control number. review, and should not be used to number: (202) 564–4003; e-mail The OMB control numbers for EPA’s prejudge EPA’s ultimate approval action address: [email protected]. regulations in title 40 of the CFR, after appearing in the Federal Register when for the SIP. Even if we find a budget SUPPLEMENTARY INFORMATION: EPA has approved, are listed in 40 CFR part 9, adequate, the SIP could later be submitted the following ICR to OMB for disapproved. and displayed either by publication in review and approval according to the the Federal Register or by other Authority: 42 U.S.C. 7401 et seq. procedures prescribed in 5 CFR 1320.12. appropriate means, such as on the Dated: January 9, 2009. On May 30, 2008 (73 FR 31088), EPA related collection instrument or form, if Laura Yoshii, sought comments on this ICR pursuant applicable. The display of OMB control to 5 CFR 1320.8(d). EPA received no Acting Regional Administrator, Region IX. numbers in certain EPA regulations is comments. Any additional comments on consolidated in 40 CFR part 9. [FR Doc. E9–1110 Filed 1–21–09; 8:45 am] this ICR should be submitted to EPA BILLING CODE 6560–50–P Abstract: The National Emission and OMB within 30 days of this notice. Standards for Hazardous Air Pollutants EPA has established a public docket (NESHAP) for Flexible Polyurethane for this ICR under docket ID number ENVIRONMENTAL PROTECTION Foam Fabrication (40 CFR part 63, EPA-HQ-OECA–2008–0371, which is AGENCY subpart MMMMM) were proposed on available for public viewing online at August 8, 2001 (66 FR 41729) and [EPA–HQ–OECA–2008–0371; FRL–8763–9] http://www.regulations.gov, in person promulgated on April 14, 2003 (68 FR viewing at the Enforcement and 18062). Agency Information Collection Compliance Docket in the EPA Docket The affected entities are subject to the Activities; Submission to OMB for Center (EPA/DC), EPA West, Room General Provisions of the NESHAP at 40 Review and Approval; Comment 3334, 1301 Constitution Avenue, NW., CFR part 63, subpart A, and any Request; NESHAP for Flexible Washington, DC. The EPA Docket changes, or additions to the General Polyurethane Foam Fabrication, Center Public Reading Room is open Provisions specified at 40 CFR part 63, Renewal, EPA ICR Number 2027.04, from 8:30 a.m. to 4:30 p.m., Monday subpart MMMMM. OMB Control Number 2060–0516 through Friday, excluding legal Owners or operators of the affected AGENCY: Environmental Protection holidays. The telephone number for the facilities must submit a one-time-only Agency (EPA). Reading Room is (202) 566–1744, and report of any physical or operational the telephone number for the changes, initial performance tests, and ACTION: Notice. Enforcement and Compliance Docket is periodic reports and results. Owners or SUMMARY: In compliance with the (202) 566–1927. operators are also required to maintain Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and records of the occurrence and duration 3501 et seq.), this document announces comment system at http:// of any startup, shutdown, or that an Information Collection Request www.regulations.gov, to submit or view malfunction in the operation of an (ICR) has been forwarded to the Office public comments, access the index affected facility, or any period during of Management and Budget (OMB) for listing of the contents of the docket, and which the monitoring system is review and approval. This is a request to access those documents in the docket inoperative. Reports, at a minimum, are to renew an existing approved that are available electronically. Once in required semiannually. collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then Burden Statement: The annual public below describes the nature of the key in the docket ID number identified reporting and recordkeeping burden for collection and the estimated burden and above. Please note that EPA’s policy is this collection of information is cost. that public comments, whether estimated to average 90 hours per submitted electronically or in paper, response. Burden means the total time, DATES: Additional comments may be will be made available for public effort, or financial resources expended submitted on or before February 23, viewing at http://www.regulations.gov, by persons to generate, maintain, retain, 2009. as EPA receives them and without or disclose or provide information to or ADDRESSES: Submit your comments, change, unless the comment contains for a Federal agency. This includes the referencing docket ID number EPA- copyrighted material, Confidential time needed to review instructions; OECA–2008–0371, to (1) EPA online Business Information (CBI), or other develop, acquire, install, and utilize using www.regulations.gov (our information whose public disclosure is technology and systems for the purposes preferred method), or by e-mail to restricted by statute. For further of collecting, validating, and verifying [email protected], or by mail to: EPA information about the electronic docket, information, processing and Docket Center (EPA/DC), Environmental go to www.regulations.gov. maintaining information, and disclosing Protection Agency, Enforcement and Title: NESHAP for Flexible and providing information; adjust the Compliance Docket and Information Polyurethane Foam Fabrication existing ways to comply with any Center, mail code 2201T , 1200 (Renewal) previously applicable instructions and
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requirements which have subsequently days of the date this notice appears in Synopsis of the Order changed; train personnel to be able to the Federal Register. respond to a collection of information; 1. On October 10, 2008, the Media Helene S. Walsh, search data sources; complete and Bureau issued a Memorandum Opinion review the collection of information; Vice-President, Policy Analysis Division. and Hearing Designation Order and transmit or otherwise disclose the [FR Doc. E9–1164 Filed 1–21–09; 8:45 am] (‘‘HDO’’) in the above captioned matter. information. BILLING CODE 6690–01–P 73 FR 65312, November 3, 2008. The Respondents/Affected Entities: HDO, among other things, referred Flexible polyurethane foam fabrication certain program carriage disputes, facilities. FEDERAL COMMUNICATIONS including the above-captioned matter, to COMMISSION an Administrative Law Judge (‘‘ALJ’’) to Estimated Number of Respondents: [MB Docket No. 08–214; DA 08–2819] resolve factual disputes as to whether 11. the defendant cable operators had Frequency of Response: Initially, NFL Enterprises LLC, Complainant v. discriminated against the complainant occasionally, semiannually, and Comcast Cable Communications, LLC, video programmers or required a annually. Defendant; File No. CSR–7876–P financial interest in the complainant Estimated Total Annual Hour Burden: video programmer’s programming as a 12,303. AGENCY: Federal Communications condition for carriage in violation of the Estimated Total Annual Cost: Commission. Commission’s program carriage rules. 73 $1,004,834, which includes: labor costs ACTION: Notice. FR 65312, 65322, 65323, November 3, of $1,002,163, annualized capital/ SUMMARY: This document finds that the 2008. The HDO ordered the ALJ to make startup costs of $997, and $1,674 in Administrative Law Judge exceeded his and return a recommended decision to O&M costs. authority by setting a hearing date the Commission within 60 days of the Changes in the Estimates: There is no beyond the 60-day deadline specified in release date of the HDO, i.e., by change in the total estimated burden the Hearing Designation Order for December 9, 2008. Unfortunately, the currently identified in the OMB issuing a recommended decision ALJ has not issued a recommended Inventory of Approved ICR Burdens. regarding the above-captioned program decision by the deadline but, instead, Apparent differences of less than 500 carriage dispute and orders that the has set a date to begin a hearing more hours are attributable to rounding; in Media Bureau will proceed to resolve than three months past the HDO’s previous years, hours were rounded to this dispute without the benefit of a deadline without indicating when a the nearest thousand; this ICR presents recommended decision from the ALJ. recommended decision will be released. more exact figures. ADDRESSES: Federal Communications Herring Broadcasting, Inc. v. Time Warner Cable Inc. et al., Order, MB Dated: January 13, 2009. Commission, 445 12th Street, SW., Washington, DC 20554. Docket No. 08–214, FCC 08M–50 (rel. John Moses, Dec. 2, 2008). Acting Director, Collection Strategies FOR FURTHER INFORMATION CONTACT: For Division. additional information on this 2. On December 24, 2008, the Media Bureau issued a Memorandum Opinion [FR Doc. E9–1169 Filed 1–21–09; 8:45 am] proceeding, contact Steven Broeckaert, and Order (the ‘‘Dec. 24th MO&O’’) BILLING CODE 6560–50–P [email protected], or David Konczal, [email protected], of the finding that the ALJ exceeded his Media Bureau, Policy Division, (202) authority by setting a hearing date 418–2120. beyond the HDO’s 60-day deadline for EXPORT-IMPORT BANK OF THE SUPPLEMENTARY INFORMATION: This is a issuing a recommended decision. In the UNITED STATES summary of the Memorandum Opinion Matter of Herring Broadcasting Inc., d/ and Order, DA 08–2819, adopted and b/a WealthTV, et al., Memorandum Economic Impact Policy released on December 31, 2008. The full Opinion and Order, DA 08–2805, MB text of this document is available for Docket 08–214 (rel. Dec. 24, 2008), at This notice is to inform the public public inspection and copying during ¶¶ 2, 14–16 (‘‘Dec. 24th MO&O’’). In the that the Export-Import Bank of the regular business hours in the FCC Dec. 24th MO&O, the Media Bureau United States has received an Reference Center, Federal stated that the ALJ’s limited authority to application for a $453 million direct Communications Commission, 445 12th consider these matters extended through loan to support the U.S. export of Street, SW., CY–A257, Washington, DC December 9, 2008. See id. The Media approximately $372 million worth of 20554. This document will also be Bureau noted that this deadline has mining equipment and services for a available via ECFS (http://www.fcc.gov/ passed, and the ALJ’s delegated mining project in the Dominican cgb/ecfs/). (Documents will be available authority over these hearing matters has Republic. The U.S. exports will enable electronically in ASCII, Word 97, and/ thus expired under the terms of the the company in the Dominican Republic or Adobe Acrobat.) The complete text HDO. See id. While the above-captioned to produce approximately 28.35 metric may be purchased from the matter was not included in the caption tons of gold and 140 metric tons of Commission’s copy contractor, 445 12th of the Dec. 24th MO&O, NFL silver per year on average during the 11- Street, SW., Room CY–B402, Enterprises, LLC has filed a Motion for year repayment term of the loan. Washington, DC 20554. To request this Clarification arguing that the logic and Available information indicates that document in accessible formats reasoning of that decision applies most of this new gold and silver (computer diskettes, large print, audio equally to the above-captioned matter. production will be sold internationally. recording, and Braille), send an e-mail See NFL Enterprises LLC, Motion for Interested parties may submit comments to [email protected] or call the Clarification, MB Docket No. 08–214, on this transaction by e-mail to Commission’s Consumer and File No. CSR–7876–P (filed Dec. 29, [email protected] or by mail Governmental Affairs Bureau at (202) 2008). We agree and therefore the Media to 811 Vermont Avenue, NW., Room 418–0530 (voice), (202) 418–0432 Bureau will proceed to resolve the 1238, Washington, DC 20571, within 14 (TTY). above-captioned program carriage
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dispute without the benefit of a (although we continue to experience holder ‘‘to determine each license’s recommended decision from the ALJ. delays in receiving U.S. Postal Service service area boundaries following the 3. Accordingly, It is ordered, that the mail). All filings must be addressed to transition to digital service.’’ Second Hearing Designation Order for the the Commission’s Secretary, Office of ‘‘incumbent’’ cellular licensees above-captioned matter has Expired, the the Secretary, Federal Communications providing service beyond the proceeding set for hearing before the Commission. boundaries of their CMAs ‘‘would Administrative Law Judge is • People with Disabilities: Contact the consult with the CMA licensee of the Terminated, and the Media Bureau will FCC to request reasonable affected market to establish service area proceed to resolve the above-captioned accommodations (accessible format boundaries’’ and the ‘‘incumbent’s’’ program carriage dispute. documents, sign language interpreters, license would be modified to reflect 4. It is further ordered that all parties CART, etc.) by e-mail: [email protected] these boundaries. In either instance, if to the above-captioned proceeding will or phone: 202–418–0530 or TTY: 202– the parties cannot reach agreement, be served with a copy of this 418–0432. CTIA proposes that the matter be Memorandum Opinion and Order by e- For detailed instructions for referred to the Commission for mail and by certified mail, return submitting comments and additional adjudication. The Commission seeks receipt requested. information on the rulemaking process, comment on CTIA’s Petition. 5. It is further ordered that a copy of see the SUPPLEMENTARY INFORMATION 2. Pursuant to §§ 1.415 and 1.419 of this Memorandum Opinion and Order section of this document. the Commission’s rules, 47 CFR 1.415 or a summary thereof Shall Be FOR FURTHER INFORMATION CONTACT: and 1.419, interested parties may file Published in the Federal Register. Joyce Jones, Mobility Division, Wireless comments and reply comments on or Federal Communications Commission. Telecommunications Bureau, at (202) before the dates indicated on the first page of this document. Comments may Monica Shah Desai, 418–1327 or by e-mail to [email protected]. be filed using: (1) The Commission’s Chief, Media Bureau. Electronic Comment Filing System [FR Doc. E9–1172 Filed 1–21–09; 8:45 am] SUPPLEMENTARY INFORMATION: This is a (ECFS), (2) the Federal Government’s BILLING CODE 6712–01–P summary of the Commission’s Public eRulemaking Portal, or (3) by filing Notice in RM No. 11510, DA 09–5, paper copies. See Electronic Filing of released on January 5, 2009. The full Documents in Rulemaking Proceedings, FEDERAL COMMUNICATIONS text of the Public Notice is available for 63 FR 24121 (1998). COMMISSION public inspection and copying during • Electronic Filers: Comments may be business hours in the FCC Reference [RM No. 11510; DA 09–5] filed electronically using the Internet by Information Center, Portals II, 445 12th accessing the ECFS: http://www.fcc.gov/ Wireless Telecommunications Bureau Street, SW., Room CY–A257, cgb/ecfs/ or the Federal eRulemaking Seeks Comment on Petition for Washington, DC 20554. It also may be Portal: http://www.regulations.gov. Rulemaking To Transition Part 22 purchased from the Commission’s Filers should follow the instructions Cellular Services to Geographic duplicating contractor at Portals II, 445 provided on the website for submitting Market-Area Licensing 12th Street, SW., Room CY–B402, comments. Washington, DC 20554; the contractor’s • For ECFS filers, if multiple docket AGENCY: Federal Communications Web site, http://www.bcpiweb.com; or or rulemaking numbers appear in the Commission. by calling (800) 378–3160, facsimile caption of this proceeding, filers must ACTION: Notice. (202) 488–5563, or e-mail transmit one electronic copy of the [email protected]. Copies of the comments for each docket or SUMMARY: In this document, the Federal Public Notice also may be obtained via rulemaking number referenced in the Communications Commission the Commission’s Electronic Comment caption. In completing the transmittal (‘‘Commission’’) seeks comment on a Filing System (ECFS) by entering the screen, filers should include their full Petition for Rulemaking (‘‘Petition’’) docket number, WT Docket No. 08–165. name, U.S. Postal Service mailing filed by CTIA—The Wireless Additionally, the complete item is address, and the applicable docket or Association (‘‘CTIA’’) on October 8, available on the Commission’s Web site rulemaking number. Parties may also 2008, seeking to transition certain at http://www.fcc.gov. submit an electronic comment by cellular licensing rules to a geographic 1. On October 8, 2008, CTIA filed a Internet e-mail. To get filing market area-based license system. Petition for Rulemaking, seeking to instructions, filers should send an e- DATES: Interested parties may file transition part 22 cellular licensing to a mail to [email protected], and include the comments on or before February 23, geographic market area-based license following words in the body of the 2009, and reply comments on or before system.1 To effectuate this transition, message, ‘‘get form.’’ A sample form and March 9, 2009. CTIA proposes that the Commission re- directions will be sent in response. ADDRESSES: You may submit comments, issue all cellular licenses to • Paper Filers: Parties who choose to identified by RM No. 11510, by any of ‘‘incumbents’’ on a Cellular Market Area file by paper must file an original and the following methods: (‘‘CMA’’) basis in place of their existing four copies of each filing. If more than • Federal eRulemaking Portal: http:// Cellular Geographic Service Area one docket or rulemaking number www.regulations.gov. Follow the licenses, subject to two carve outs. First, appears in the caption of this instructions for submitting comments. cellular licensees in a CMA providing proceeding, filers must submit two • Federal Communications service using unserved area licenses additional copies for each additional Commission’s Web Site: http:// would consult with the CMA license docket or rulemaking number. www.fcc.gov/cgb/ecfs/. Follow the Filings can be sent by hand or instructions for submitting comments. 1 Cellular markets initially licensed more than messenger delivery, by commercial • Mail: Filings can be sent by hand or five years ago are subject to the Commission’s overnight courier, or by first-class or Unserved Area licensing rules, which require prior messenger delivery, by commercial approval for new cellular systems, and expansions overnight U.S. Postal Service mail overnight courier, or by first-class or of existing systems, on a cell site-by-cell site basis. (although we continue to experience overnight U.S. Postal Service mail See 47 CFR 22.949 and 22.953. delays in receiving U.S. Postal Service
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mail). All filings must be addressed to bank holding company and all of the Officer at (404) 639–5960 or send an e- the Commission’s Secretary, Office of banks and nonbanking companies mail to [email protected]. Send written the Secretary, Federal Communications owned by the bank holding company, comments to CDC Desk Officer, Office of Commission. including the companies listed below. Management and Budget, Washington, • The Commission’s contractor will The applications listed below, as well DC or by fax to (202) 395–6974. Written receive hand-delivered or messenger- as other related filings required by the comments should be received within 30 delivered paper filings for the Board, are available for immediate days of this notice. Commission’s Secretary at 236 inspection at the Federal Reserve Bank Proposed Project Massachusetts Avenue, NE., Suite 110, indicated. The applications also will be Washington, DC 20002. The filing hours available for inspection at the offices of Quarantine Station Illness Response at this location are 8 a.m. to 7 p.m. All the Board of Governors. Interested Forms: Airline, Maritime, and Land/ hand deliveries must be held together persons may express their views in Border Crossing—New—National Center with rubber bands or fasteners. Any writing on the standards enumerated in for Preparedness, Detection, and Control envelopes must be disposed of before the BHC Act (12 U.S.C. 1842(c)). If the of Infectious Diseases (NCPDCID), entering the building. proposal also involves the acquisition of Centers for Disease Control and • Commercial overnight mail (other a nonbanking company, the review also Prevention (CDC). than U.S. Postal Service Express Mail includes whether the acquisition of the CDC proposes to collect patient-level and Priority Mail) must be sent to 9300 nonbanking company complies with the clinical, epidemiologic, and East Hampton Drive, Capitol Heights, standards in section 4 of the BHC Act demographic data from ill travelers and MD 20743. (12 U.S.C. 1843). Unless otherwise their possible contacts in order to fulfill • U.S. Postal Service first-class, noted, nonbanking activities will be its regulatory responsibility to prevent Express, and Priority mail must be conducted throughout the United States. the importation of communicable addressed to 445 12th Street, SW., Additional information on all bank diseases from foreign countries (42 CFR Washington DC 20554. holding companies may be obtained Part 71) and interstate control of • People with Disabilities: To request from the National Information Center communicable diseases in humans (42 materials in accessible formats for website at www.ffiec.gov/nic/. CFR Part 70). Unless otherwise noted, comments people with disabilities (braille, large Background and Brief Description print, electronic files, audio format), regarding each of these applications send an e-mail to [email protected] or call must be received at the Reserve Bank Section 361 of the Public Health the Consumer & Governmental Affairs indicated or the offices of the Board of Service (PHS) Act (42 U.S.C. 264) Bureau at 202–418–0530 (voice), 202– Governors not later than February 16, authorizes the Secretary of Health and 418–0432 (tty). 2009. Human Services to make and enforce Parties should also send a copy of A. Federal Reserve Bank of Boston regulations necessary to prevent the their filings to Joyce Jones, Mobility (Richard Walker, Community Affairs introduction, transmission or spread of Division, Wireless Telecommunications Officer) P.O. Box 55882, Boston, communicable diseases from foreign Bureau, Federal Communications Massachusetts 02106–2204: countries into the United States. The Commission, Room 6413, 445 12th 1. NewStar Financial, Inc., Boston, regulations that implement this law, 42 Street, SW., Washington, DC 20554, or Massachusetts, to become a bank CFR Parts 70 and 71, authorize by e-mail to [email protected]. Parties holding company by acquiring 100 quarantine officers and other personnel must also serve one copy with the percent of the voting shares of Southern to inspect and undertake necessary Commission’s copy contractor, Best Commerce Bank, National Association, control measures with respect to Copy and Printing, Inc. (BCPI), Portals Tampa, Florida. conveyances (e.g., airplanes, cruise II, 445 12th Street, SW., Room CY–B402, Board of Governors of the Federal Reserve ships, trucks, etc.), persons, and Washington, DC 20554, (202) 488–5300, System, January 15, 2009. shipments of animals and etiologic or via e-mail to [email protected]. Jennifer J. Johnson, agents in order to protect the public health. The regulations also require Federal Communications Commission. Secretary of the Board. conveyances to immediately report an Roger S. Noel, [FR Doc. E9–1195 Filed 1–21–09; 8:45 am] ‘‘ill person’’ or any death on board to Chief, Mobility Division/Wireless BILLING CODE 6210–01–S the Quarantine Station prior to arrival in Telecommunications Bureau. the United States. An ‘‘ill person’’ is [FR Doc. E9–1254 Filed 1–21–09; 8:45 am] defined in statute by: BILLING CODE 6712–01–P DEPARTMENT OF HEALTH AND —Fever (≥100 °F or 38 °C) persisting ≥48 HUMAN SERVICES hours —Fever (≥100 °F or 38 °C) AND rash, FEDERAL RESERVE SYSTEM Centers for Disease Control and Prevention glandular swelling, or jaundice —Diarrhea (≥3 stools in 24 hours or Formations of, Acquisitions by, and [30Day–09–08AW] greater than normal amount) Mergers of Bank Holding Companies Agency Forms Undergoing Paperwork The Severe Acute Respiratory The companies listed in this notice Reduction Act Review Syndrome (SARS) situation and concern have applied to the Board for approval, about pandemic influenza and other pursuant to the Bank Holding Company The Centers for Disease Control and communicable diseases have prompted Act of 1956 (12 U.S.C. 1841 et seq.) Prevention (CDC) publishes a list of CDC Quarantine Stations to recommend (BHC Act), Regulation Y (12 CFR Part information collection requests under that all illnesses be reported prior to 225), and all other applicable statutes review by the Office of Management and arrival. and regulations to become a bank Budget (OMB) in compliance with the CDC Quarantine Stations are currently holding company and/or to acquire the Paperwork Reduction Act (44 U.S.C. located at 20 international U.S. Ports of assets or the ownership of, control of, or Chapter 35). To request a copy of these Entry. When a suspected illness is the power to vote shares of a bank or requests, call the CDC Reports Clearance reported to the Quarantine Station,
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officers promptly respond to this report quarantine officials detect and respond enables Quarantine Station staff to assist by meeting the incoming conveyance to potential public health conveyances in the public health (when possible), collecting information communicable disease threats. All forms management of passengers and crew. and evaluating the patient(s), and collect the following categories of The estimated total burden on the determining whether an ill person can information: demographics and mode of public, included in the chart below, can safely be admitted into the U.S. If transportation, clinical and medical vary a great deal depending on the Quarantine Station staff are unable to history, and any other relevant facts meet the conveyance, the crew or severity of the illness being reported, (e.g., travel history, traveling the number of contacts, the number of medical staff of the conveyance are companions, etc.). As part of this follow-up inquiries required, and who is trained to complete the required documentation, quarantine public recording the information (e.g., documentation and forward it (using a health officers look for specific signs Quarantine Station staff versus the secure system) to the Quarantine Station and symptoms common to the nine for review and follow-up. quarantinable diseases (Pandemic conveyance medical authority). In all To perform these tasks in a influenza; SARS; Cholera; Plague; cases, Quarantine Stations have streamlined manner and ensure that all Diphtheria; Infectious Tuberculosis; implemented practices and procedures relevant information is collected in the Smallpox; Yellow fever; and Viral that balance the health and safety of the most efficient and timely manner Hemorrhagic Fevers), as well as most American public against the public’s possible, Quarantine Stations use a communicable diseases in general. desire for minimal interference with number of forms—the Airline Screening These signs and symptoms include their travel and trade. Whenever and Illness Response Form, the Ship fever, difficulty breathing, shortness of possible, Quarantine Station staff obtain Illness/Death Reporting Form, and the breath, cough, diarrhea, jaundice, or information from other documentation Land/Border Crossing Form—to collect signs of a neurological infection. The (e.g., manifest order, other airline data on passengers with suspected documents) to reduce the amount of the illness and other travelers/crew who forms also collect data specific to the public burden. may have been exposed to an illness. traveler’s conveyance. These forms are also used to respond to These data are used by Quarantine There is no cost to respondents other a report of a death aboard a conveyance. Stations to make decisions about a than their time to complete the survey. The purpose of all of the forms is the passenger’s suspected illness as well as The total estimated annualized burden same: to collect information that helps its communicability. This in turn for this data collection is 172 hours.
ESTIMATE OF ANNUALIZED BURDEN
Average Number of Number of burden per Respondents respondents responses per response respondent (in hours)
Airline Illness or Death Investigation Form ...... 1320 1 6/60 International Maritime Illness or Death Report ...... 200 1 3/60 International Maritime Illness or Death Investigation Form ...... 200 1 7/60 Land Border Illness or Death Investigation Form ...... 60 1 6/60
Dated: January 12, 2009. mail to [email protected]. Send written effective tobacco-dependence Maryam I. Daneshvar, comments to CDC Desk Officer, Office of treatments, and the Public Health Acting Reports Clearance Officer, Centers for Management and Budget, Washington, Service (PHS) Clinical Practice Disease Control and Prevention. DC or by fax to (202) 395–6974. Written Guideline supports expanded insurance [FR Doc. E9–1225 Filed 1–21–09; 8:45 am] comments should be received within 30 coverage for tobacco-dependence BILLING CODE 4163–18–P days of this notice. treatment. Medicaid recipients have Proposed Project approximately 50% greater smoking DEPARTMENT OF HEALTH AND State Medicaid Tobacco Coverage prevalence than the overall U.S. adult HUMAN SERVICES Survey—Reinstatement—National population, and they are Center for Chronic Disease Prevention disproportionately affected by tobacco- Centers for Disease Control and and Control (NCCDPHP), Centers for related disease and disability. Prevention Disease Control and Prevention (CDC). Information about the amount and type of coverage for tobacco-dependence [30Day–09–0691] Background and Brief Description treatment offered by Medicaid has been Agency Forms Undergoing Paperwork Tobacco use remains the leading collected during 1998, 2000, 2001, 2002, Reduction Act Review preventable cause of death in the United 2003, 2005, 2006, and 2007. Information States despite the availability of collection for the three most recent The Centers for Disease Control and evidence-based treatments for tobacco years (2005–2007) was conducted by the Prevention (CDC) publishes a list of dependence, which include counseling Centers for Disease Control and information collection requests under and FDA-approved pharmacotherapies. Prevention (OMB No. 0920–0691, review by the Office of Management and To increase both the use of treatment by expiration date 8/31/2008). Respondents Budget (OMB) in compliance with the smokers attempting to quit and the were Medicaid directors or their Paperwork Reduction Act (44 U.S.C. number of smokers who quit designees in all 50 states and the Chapter 35). To request a copy of these successfully, the Guide to Community District of Columbia. requests, call the CDC Reports Clearance Preventive Services recommends CDC requests OMB approval to Officer at (404) 639–5960 or send an e- reducing the out-of-pocket cost of reinstate information collection for an
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additional three-year period. Responses minor changes are not expected to affect The information to be collected will will be submitted electronically using a the overall burden estimate. To allow CDC to continue monitoring web-based survey instrument. Minor minimize burden, each respondent will compliance with the most recent PHS changes to the instrument are proposed only be asked to record changes that recommendations and the progress of to address compliance with occurred since the time of the previous State Medicaid Programs toward the recommendations made in the updated submission. As in previous years, each 2010 National Health Objectives and PHS clinical practice guideline issued respondent will also attach a copy of the Healthy People 2010 goals. in May of 2008, such as coverage for state’s Medicaid coverage plan to their combination therapies, smokeless completed survey, in order to assist the There are no costs to respondents tobacco use, and states’ familiarity with research team with the interpretation of except the time to complete the survey. and use of the 2000 PHS guideline. The responses. The total estimated burden hours are 26.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Respondents respondents responses per response respondent (in hours)
State Medicaid Programs ...... 51 1 30/60
Dated: January 13, 2009. Airflow and capture characteristics, under which the VNT will be made Maryam I. Daneshvar, noise level, ergonomic features, and available for evaluation. Shipping and Acting Reports Clearance Officer, Centers for filter life. Manufacturers, vendors, and handling costs (including insurance) to Disease Control and Prevention. developers who wish to submit VNTs ship the VNTs to NIOSH and for NIOSH [FR Doc. E9–1227 Filed 1–21–09; 8:45 am] with filters for evaluation are invited to to return the VNTs to the submitter will BILLING CODE 4163–18–P respond to this announcement. A report be the responsibility of the submitter. on each VNT submitted for evaluation, NIOSH reserves the right to decide including feedback on the evaluation which VNT submissions will be DEPARTMENT OF HEALTH AND parameters and staff recommendations, evaluated based on compliance with the HUMAN SERVICES will be sent to the submitter. Results of specifications described above. NIOSH the evaluation will potentially be used also reserves the right not to proceed in Centers for Disease Control and to develop educational materials for nail this manner. Prevention technicians and may also be Note: As a government entity, we cannot disseminated through reports, The National Institute for Occupational endorse any specific product directly, publications, or presentations. NIOSH indirectly, or by implication. NIOSH will not Safety and Health (NIOSH) of the does not intend to identify be responsible for any costs related to usage, Centers for Disease Control and manufacturers in its publications but wear and tear or accidental damage to the Prevention (CDC) Announces an testing information referencing VNT during transport or while the VNT is at Evaluation of Downdraft Vented Nail particular manufacturers would be NIOSH. Salon Tables (VNTs) releasable if requested under the Contact Person for Technical Freedom of Information Act (FOIA). Information: Susan Reutman, Ph.D., Authority: 29 U.S.C. Sections 651 et seq. DATES: Written letter of interest must be telephone (513) 533–8286, or e-mail AGENCY: National Institute for received within 90 calendar days of [email protected]. publication in the Federal Register. The Occupational Safety and Health Dated: January 2, 2009. deadline for receipt of VNT and filter (NIOSH) of the Centers for Disease James D. Seligman, Control and Prevention (CDC), submissions is June 30, 2009. Evaluations will begin subject to the Chief Information Officer, Centers for Disease Department of Health and Human Control and Prevention. Services (HHS). dates VNT and filter submissions are received. The VNTs will be retained for [FR Doc. E9–1193 Filed 1–21–09; 8:45 am] ACTION: Notice. up to 10 months while being evaluated, BILLING CODE 4163–19–P SUMMARY: The Division of Applied after which they will be returned. ADDRESSES: Manufacturers, vendors, Research and Technology (DART), DEPARTMENT OF HEALTH AND and developers who wish to submit NIOSH, is conducting an evaluation of HUMAN SERVICES downdraft vented salon nail tables VNTs with filters for evaluation are (VNTs). This notice invites developers, invited to respond to this Food and Drug Administration manufacturers, and vendors of VNTs to announcement by sending a written submit new, unused, downdraft VNTs letter of interest to NIOSH/DART, [Docket No. FDA–2008–D–0264] for evaluation of operational Robert A. Taft Laboratories, 4676 Compliance Policy Guide Sec. characteristics and effectiveness in Columbia Parkway, Mailstop C–23, 540.370—Fish and Fishery Products— reducing levels of a source point tracer Cincinnati, Ohio 45226, Attention: Decomposition; Availability gas at standard distances from the vent. Susan Reutman, e-mail address: A 6-month supply of manufacturer [email protected]. AGENCY: Food and Drug Administration, recommended filters is to be submitted SUPPLEMENTARY INFORMATION: Responses HHS. to NIOSH at the address below, together shall include: A description of the VNT ACTION: Notice. with the VNT. including the manufacturer, schedule of Evaluation parameters for the VNTs availability of the VNT and filters for SUMMARY: The Food and Drug will include, but are not limited to: evaluation, and a statement of the terms Administration (FDA) is announcing the
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availability of Compliance Policy Guide comments regarding this document. non-competitively extend with funds Sec. 540.370—Fish and Fishery Submit a single copy of electronic the 5-year project periods for those Products—Decomposition (the CPG). comments or two paper copies of any LEND grantees ending on June 30, 2009, The CPG provides guidance for FDA mailed comments, except that for 2 additional budget periods at the staff on decomposition in fish and individuals may submit one paper copy. same level of support for the same scope fishery products. Comments are to be identified with the of activities which they received in FY DATES: Submit written or electronic docket number found in brackets in the 2008. comments on the CPG at any time. heading of this document. The CPG and SUPPLEMENTARY INFORMATION: received comments may be seen in the ADDRESSES: Submit written comments Intended Recipients of the Award on the CPG to the Division of Dockets Division of Dockets Management Management (HFA–305), Food and Drug between 9 a.m. and 4 p.m., Monday Seventeen programs in the LEND Administration, 5630 Fishers Lane, rm. through Friday. cohort are expected to compete in FY 1061, Rockville, MD 20852. Submit Please note that on January 15, 2008, 2009. These programs presently have electronic comments to http:// the FDA Division of Dockets active LEND grants: University of Iowa, www.regulations.gov. Submit written Management Web site transitioned to Johns Hopkins University, University of requests for single copies of the CPG to the Federal Dockets Management Missouri, University of Nebraska, the Division of Compliance Policy System (FDMS). FDMS is a Dartmouth Hitchcock Medical Center, (HFC–230), Office of Enforcement, Food Government-wide, electronic docket Albert Einstein College of Medicine, and Drug Administration, 5600 Fishers management system. Electronic Children’s Hospital of Pittsburgh, Lane, Rockville, MD 20857. Send two comments or submissions will be University of South Dakota, University self-addressed adhesive labels to assist accepted by FDA only through FDMS at of Vermont, Virginia Commonwealth that office in processing your request, or http://www.regulations.gov. University, West Virginia University, University of Massachusetts Medical fax your request to 240–632–6861. See III. Electronic Access the SUPPLEMENTARY INFORMATION section School, Ohio State University, Persons with access to the Internet for electronic access to the CPG. Vanderbilt University, Children’s may obtain the CPG at http://www.fda. Research Institute, Indiana University, FOR FURTHER INFORMATION CONTACT: gov/ora/compliance_ref/cpg/ University of Oklahoma. Robert D. Samuels, Center for Food default.htm. Amount of Individual Supplemental Safety and Applied Nutrition (HFS– Awards: Note: These funding levels are 325), Food and Drug Administration, Dated: January 12, 2009. Michael A. Chappell, expected to continue in FYs 2009 and 100 Paint Branch Pkwy., College Park, 2010. MD 20740, 301–436–2300. Acting Associate Commissioner for Regulatory Affairs. SUPPLEMENTARY INFORMATION: FY 2008 [FR Doc. E9–1142 Filed 1–21–09; 8:45 am] Grantee award I. Background BILLING CODE 4160–01–S In the Federal Register of July 18, University of Iowa ...... $491,265 2008 (73 FR 41361), FDA announced the Johns Hopkins University ...... 884,277 availability of draft CPG Sec. 540.370— DEPARTMENT OF HEALTH AND University of Missouri ...... 393,012 HUMAN SERVICES University of Nebraska ...... 412,663 Fish and Fishery Products— Dartmouth Hitchcock Medical Decomposition and gave interested Health Resources and Services Center ...... 451,964 parties an opportunity to submit Albert Einstein College of Medi- comments. The agency received no Administration cine ...... 491,265 comments on the draft CPG but on its Children’s Hospital of Pitts- Leadership Education in burgh ...... 393,012 own initiative made a few editorial Neurodevelopmental and Other changes for clarification purposes. The University of South Dakota ...... 432,313 Related Disabilities MCH Training University of Vermont ...... 451,964 CPG provides guidance for FDA staff on Program Virginia Commonwealth Univer- decomposition in fish and fishery sity ...... 451,964 products. The CPG also contains AGENCY: Health Resources and Services West Virginia University ...... 439,825 information that may be useful to the Administration (HRSA), HHS. University of Massachusetts regulated industry and to the public. ACTION: Notice of Class Deviation from Medical School ...... 604,256 FDA is issuing this CPG as a level 1 Project/Budget Period Funding Policies. Ohio State University ...... 393,011 guidance consistent with FDA’s good Vanderbilt University ...... 393,012 guidance practices regulation (21 CFR SUMMARY: HRSA will provide 2 Children’s Research Institute ... 393,012 10.115). The CPG represents the additional years of support in the Indiana University ...... 481,440 University of Oklahoma ...... 442,139 agency’s current thinking on FDA’s absence of competition for one cohort of grants under the Leadership Education direct reference enforcement criteria Current Project Periods: 7/1/04 in Neurodevelopmental and Other related to decomposition in fish and through 6/30/09. Related Disabilities (LEND) MCH fishery products. It does not create or Period of Supplemental Funding: Training Program. HRSA will extend the confer any rights for or on any person 7/1/09 through 6/30/11. and does not operate to bind FDA or the project period to June 30, 2011, for the public. An alternative approach may be cohort of the LEND program expected to Authority: Combating Autism Act of 2006, compete in fiscal year (FY) 2009, which Public Law No. 109–416, § 399BB(e)(1)(A), used if such approach satisfies the 120 Stat 2821, 2826 (2006). requirements of the applicable statutes would correspond to the sunset of the and regulations. Combating Autism Act. Currently, there CFDA Number: 93.110. are 34 LEND grants split into two FOR FURTHER INFORMATION CONTACT: II. Comments cohorts (17 each) with different end Laura Kavanagh; Branch Chief, MCH Interested persons may submit to the dates; one group is scheduled to Training Program, Division of Research, Division of Dockets Management (see compete in FY 2009 (Cohort A), and the Training and Education; Maternal and ADDRESSES) written or electronic other in FY 2011 (Cohort B). HRSA will Child Health Bureau; (301) 443–2254.
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Justification for the Exception to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: February 2–3, 2009. Competition: HRSA is ending the two as amended. The grant applications and Time: 8 a.m. to 4:30 p.m. cohort system for the following reason: the discussions could disclose Agenda: To review and evaluate grant confidential trade secrets or commercial applications. The Combating Autism Act of 2006 is Place: Bahia Resort Hotel, 998 West scheduled to sunset in September of 2011. property such as patentable material, Mission Bay Drive, San Diego, CA 92109. With this legislation, it is critical to have and personal information concerning Contact Person: Jean D. Sipe, Ph.D., sufficient and accurate data to evaluate the individuals associated with the grant Scientific Review Officer, Center for progress of screening and diagnosing a applications, the disclosure of which Scientific Review, National Institutes of greater number of children with autism would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 4106, spectrum disorder (ASD) and other invasion of personal privacy. MSC 7814, Bethesda, MD 20892, 301/435– developmental disabilities and assuring that 1743, [email protected]. they receive evidenced based services. A Name of Committee: Center for Scientific This notice is being published less than 15 national evaluation will be conducted to Review Special Emphasis Panel Multiscale days prior to the meeting due to the timing contribute to the HHS Secretary’s Report to Models of the Physiome. limitations imposed by the review and Congress on progress related to ASD and Date: January 29–30, 2009. funding cycle. other developmental disabilities as required Time: 8 a.m. to 6 p.m. Name of Committee: Biology of by the Combating Autism Act. From a Agenda: To review and evaluate grant Development and Aging Integrated Review programmatic perspective, it is imperative to applications. Group, Development—2 Study Section. collect data from the same group of grantees Place: National Institutes of Health, 6701 Date: February 5, 2009. over the project period to assess program Rockledge Drive, Bethesda, MD 20892. Time: 8 a.m. to 5 p.m. goals as requested in the National Evaluation. (Virtual Meeting) Agenda: To review and evaluate grant By extending the project period for two Contact Person: Malgorzata Klosek, Ph.D., applications. additional years for the LEND cohort with the Scientific Review Officer, Center for Place: The River Inn, 924 25th Street, NW., current project period ending date of June 30, Scientific Review, National Institutes of Washington, DC 20037. 2009, MCHB will be able to collect common Health, 6701 Rockledge Drive, Room 4188, Contact Person: Neelakanta Ravindranath, data elements from both LEND cohorts MSC 7849, Bethesda, MD 20892, (301) 435– Ph.D., MVSC, Scientific Review Officer, through the end of Combating Autism Act 2211, [email protected]. Center for Scientific Review, National which sunsets in 2011. Doing so will help This notice is being published less than 15 Institutes of Health, 6701 Rockledge Drive, ensure that there will be a more cohesive and days prior to the meeting due to the timing Room 5140, MSC 7843, Bethesda, MD 20892, uniform collection of data being gathered and limitations imposed by the review and 301–435–1034, [email protected]. analyzed across both cohorts which will funding cycle. This notice is being published less than 15 increase sample size and ultimately, data Name of Committee: Surgical Sciences, days prior to the meeting due to the timing validity and study power. If it becomes Biomedical Imaging and Bioengineering, limitations imposed by the review and necessary to hold a competition for the LEND Integrated Review Group Biomedical Imaging funding cycle. cohort in FY 2009 and new applicants were Technology Study Section. to apply and be successful, there would be Date: February 2–3, 2009. Name of Committee: Immunology the potential for less uniformity in the data Time: 8 a.m. to 5 p.m. Integrated Review Group, Innate Immunity collection. It is crucial that there is as much Agenda: To review and evaluate grant and Inflammation Study Section. meaningful data gathered in the remaining applications. Date: February 5–6, 2009. time available from both cohorts to ensure Place: Doubletree Guest Suites Doheny Time: 8 a.m. to 6 p.m. that the National Evaluation is an accurate Beach, 34402 Pacific Coast Highway, Dana Agenda: To review and evaluate grant reflection of the program activities. Point, CA 92629. applications. Contact Person: Lee Rosen, Ph.D., Place: The Westin St. Francis, 335 Powell Under this deviation, MCHB will Scientific Review Officer, Center for Street, San Francisco, CA 94102. provide the LEND grantees in LEND Scientific Review, National Institutes of Contact Person: Tina Mcintyre, Ph.D., Cohort A, currently expected to compete Health, 6701 Rockledge Drive, Room 5116, Scientific Review Officer, Center for in FY 2009, with the same amount of MSC 7854, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of funds for the same scope of activities 1171, [email protected]. Health, 6701 Rockledge Drive, Room 4202, that they received in FY 2008 for both This notice is being published less than 15 MSC 7812, Bethesda, MD 20892, 301–594– the FY2009 and 2010 budget periods. days prior to the meeting due to the timing 6375, [email protected]. limitations imposed by the review and This notice is being published less than 15 Dated: January 13, 2009. funding cycle. days prior to the meeting due to the timing Elizabeth M. Duke, Name of Committee: Oncological Sciences limitations imposed by the review and Administrator. Integrated Review Group, Tumor funding cycle. [FR Doc. E9–1236 Filed 1–21–09; 8:45 am] Microenvironment Study Section. Name of Committee: Infectious Diseases Date: February 2–3, 2009. and Microbiology, Integrated Review Group, BILLING CODE 4165–15–P Time: 8 a.m. to 5 p.m. Clinical Research and Field Studies of Agenda: To review and evaluate grant Infectious Diseases Study Section. applications. Date: February 6, 2009. DEPARTMENT OF HEALTH AND Place: The Fairmont Washington, DC, 2401 Time: 8:30 a.m. to 6 p.m. HUMAN SERVICES M Street, NW., Washington, DC 20037. Agenda: To review and evaluate grant Contact Person: Eun Ah Cho, Ph.D., applications. National Institutes of Health Scientific Review Officer, Center for Place: St. Gregory Hotel, 2033 M Street, Scientific Review, National Institutes of NW., Washington, DC 20036. Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 6202, Contact Person: Soheyla Saadi, Ph.D., Closed Meetings MSC 7804, Bethesda, MD 20892, (301) 451– Scientific Review Officer, Center for 4467, [email protected]. Scientific Review, National Institutes of Pursuant to section 10(d) of the This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 3211, Federal Advisory Committee Act, as days prior to the meeting due to the timing MSC 7808, Bethesda, MD 20892, 301–435– amended (5 U.S.C. Appendix 2), notice limitations imposed by the review and 0903, [email protected]. is hereby given of the following funding cycle. Name of Committee: Brain Disorders and meetings. Name of Committee: Musculoskeletal, Oral Clinical Neuroscience, Integrated Review The meetings will be closed to the and Skin Sciences, Integrated Review Group, Group, Clinical Neuroplasticity and public in accordance with the Musculoskeletal Tissue Engineering Study Neurotransmitters Study Section. provisions set forth in sections Section. Date: February 9–10, 2009.
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Time: 8 a.m. to 1 p.m. Name of Committee: Biological Chemistry Scientific Review, National Institutes of Agenda: To review and evaluate grant and Macromolecular Biophysics, Integrated Health, 6701 Rockledge Drive, Room 4166, applications. Review Group Macromolecular Structure and MSC 7806, Bethesda, MD 20892, 301–435– Place: InterContinental Mark Hopkins Function D Study Section. 2681, [email protected]. Hotel, One Nob Hill, San Francisco, CA Date: February 11, 2009. Name of Committee: Molecular, Cellular 94108. Time: 8 a.m. to 5 p.m. and Developmental Neuroscience, Integrated Contact Person: Suzan Nadi, Ph.D., Agenda: To review and evaluate grant Review Group Cellular and Molecular Scientific Review Officer, Center for applications. Biology of Glia Study Section. Scientific Review, National Institutes of Place: The Westin St. Francis, 335 Powell Date: February 12–13, 2009. Health, 6701 Rockledge Drive, Room 5217B, Street, San Francisco, CA 94102. Time: 8 a.m. to 4 p.m. MSC 7846, Bethesda, MD 20892, 301–435– Contact Person: James W. Mack, Ph.D., Agenda: To review and evaluate grant 1259, [email protected]. Scientific Review Officer, Center for applications. Name of Committee: Biological Chemistry Scientific Review, National Institutes of Place: Hotel Palomar, 2121 P Street, NW., and Macromolecular Biophysics, Integrated Health, 6701 Rockledge Drive, Room 4154, Washington, DC 20037. Review Group, Biochemistry and Biophysics MSC 7806, Bethesda, MD 20892, (301) 435– Contact Person: Toby Behar, PhD, of Membranes Study Section. 2037, [email protected]. Scientific Review Officer, Center for Date: February 10–11, 2009. Name of Committee: Hematology Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Integrated Review Group, Hematopoiesis Health, 6701 Rockledge Drive, Room 4136, Agenda: To review and evaluate grant Study Section. MSC 7850, Bethesda, MD 20892, (301) 435– applications. Date: February 11, 2009. 4433, [email protected]. Place: Catamaran Resort Hotel, 3999 Time: 8 a.m. to 7 p.m. Name of Committee: Integrative, Mission Boulevard, San Diego, CA 92109. Agenda: To review and evaluate grant Functional and Cognitive Neuroscience, Contact Person: Nuria E. Assa-Munt, Ph.D, applications. Integrated Review Group Auditory System Scientific Review Officer, Center for Place: The Westin St. Francis, 335 Powell Study Section. Scientific Review, National Institutes of Street, San Francisco, CA 94102. Date: February 12–13, 2009. Contact Person: Manjit Hanspal, PhD, Health, 6701 Rockledge Drive, Room 4164, Time: 8 a.m. to 5 p.m. Scientific Review Officer, Center for MSC 7806, Bethesda, MD 20892, (301) 451– Agenda: To review and evaluate grant Scientific Review, National Institutes of 1323, [email protected]. applications. Health, 6701 Rockledge Drive, Room 4138, Place: Marriott Baltimore Inner Harbor, 110 Name of Committee: Center for Scientific MSC 7804, Bethesda, MD 20892, 301–435– South Eutaw Street, Baltimore, MD 21201. Review Special Emphasis Panel, 1195, [email protected]. Contact Person: Lynn E. Luethke, PhD, Collaborative Applications in Child Name of Committee: Bioengineering Scientific Review Officer, Center for Psychopathology. Sciences & Technologies Integrated Review, Scientific Review, National Institutes of Date: February 10, 2009. Group Biomaterials and Biointerfaces Study Health, 6701 Rockledge Drive, Room 5166, Time: 8 a.m. to 5 p.m. Section. MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Date: February 11, 2009. 1018, [email protected]. applications. Time: 8 a.m. to 6 p.m. Name of Committee: Oncological Sciences Place: Serrano Hotel, 405 Taylor Street, Agenda: To review and evaluate grant Integrated Review Group, Chemo/Dietary San Francisco, CA 94102. applications. Prevention Study Section. Contact Person: Jane A. Doussard- Place: Hotel Nikko San Francisco, 222 Date: February 12–13, 2009. Roosevelt, Ph.D., Scientific Review Officer, Mason Street, San Francisco, CA 94102. Time: 8 a.m. to 5 p.m. Center for Scientific Review, National Contact Person: Ross D. Shonat, PhD, Agenda: To review and evaluate grant Institutes of Health, 6701 Rockledge Drive, Scientific Review Officer, Center for applications. Room 3184, MSC 7848, Bethesda, MD 20892, Scientific Review, National Institutes of Place: Crowne Plaza Washington DC/Silver (301) 435–4445, [email protected]. Health, 6701 Rockledge Drive, Room 5156, Spring, 8777 Georgia Avenue, Silver Spring, Name of Committee: Molecular, Cellular MSC 7849, Bethesda, MD 20892, 301–435– MD 20910. and Developmental Neuroscience, Integrated 2786, [email protected]. Contact Person: Sally A. Mulhern, PhD, Review Group Cellular and Molecular Name of Committee: Integrative, Scientific Review Officer, Center for Biology, of Neurodegeneration Study Section. Functional and Cognitive Neuroscience, Scientific Review, National Institutes of Date: February 10–11, 2009. Integrated Review Group Central Visual Health, 6701 Rockledge Drive, Room 6214, Time: 8:30 a.m. to 4 p.m. Processing Study Section. MSC 7804, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Date: February 11, 2009. 5877, [email protected]. applications. Time: 8 a.m. to 5 p.m. Name of Committee: Health of the Place: Hotel Palomar, 2121 P Street, NW., Agenda: To review and evaluate grant Population Integrated Review Group, Nursing Washington, DC 20037. applications. Science: Adults and Older Adults Study Contact Person: Laurent Taupenot, Ph.D., Place: Hyatt Regency Bethesda, One Section. Scientific Review Officer, Center for Bethesda Metro Center, 7400 Wisconsin Date: February 12–13, 2009. Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4183, Contact Person: Judith A. Finkeistein, PhD, Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, 301–435– Scientific Review Officer Center for Scientific applications. 1203, [email protected]. Review National Institutes of Health 6701 Place: Mayflower Park Hotel, 405 Olive Name of Committee: Center for Scientific Rockledge Drive, Room 5178, MSC 7844 Way, Seattle, WA 98101. Review Special Emphasis Panel, Bethesda, MD 20892 301–435–1249 Contact Person: Melinda Tinkle, PhD, Hypertension. [email protected] Scientific Review Officer, Center for Date: February 10, 2009. Name of Committee: Biological Chemistry Scientific Review, National Institutes of Time: 10 a.m. to 11:30 a.m. and Macromolecular Biophysics Integrated Health, 6701 Rockledge Drive, Room 3141, Agenda: To review and evaluate grant Review Group Synthetic and Biological MSC 7770, Bethesda, MD 20892, (301) 594– applications. Chemistry B Study Section 6594, [email protected]. Place: The Westin St. Francis, 335 Powell Date: February 11–12, 2009. Name of Committee: Cardiovascular Street, San Francisco, CA 94102. Time: 8:30 a.m. to 5 p.m. Sciences Integrated Review Group, Contact Person: Maqsood A. Wani, DVM, Agenda: To review and evaluate grant Myocardial lschemia and Metabolism Study Ph.D., Scientific Review Officer, Center for applications. Section. Scientific Review, National Institutes of Place: Sheraton Delfina, 530 Pico Date: February 12–13, 2009. Health, 6701 Rockledge Drive, Room 2114, Boulevard, Santa Monica, CA 90405. Time: 8 a.m. to 6 p.m. MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Kathryn M. Koeller, PhD, Agenda: To review and evaluate grant 2270, [email protected]. Scientific Review Officer, Center for applications.
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Place: The Westin St. Francis, 335 Powell Date: February 12–13, 2009. MSC 7848, Bethesda, MD 20892, (301) 435– Street, San Francisco, CA 94102. Time: 8 a.m. to 5 p.m. 0692, [email protected]. Contact Person: Joyce C. Gibson, DSC, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel, Systemic Scientific Review, National Institutes of Place: St. Gregory Hotel, 2033 M Street, Injury by Environmental Exposure. Health, 6701 Rockledge Drive, Room 4130, NW., Washington, DC 20036. Date: February 12, 2009. MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Seetha Bhagavan, PhD, Time: 8 a.m. to 6 p.m. 4522, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Biology of Scientific Review, National Institutes of applications. Development and Aging Integrated Review Health, 6701 Rockledge Drive, Room 5194, Place: Bethesda Marriott Suites, 6711 Group, Development—1 Study Section. MSC 7846, Bethesda, MD 20892, (301) 435– Democracy Boulevard, Bethesda, MD 20817. Date: February 12, 2009. 1121, [email protected]. Contact Person: Peter J. Perrin, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Cardiovascular Scientific Review Officer, Center for Agenda: To review and evaluate grant Sciences Integrated Review Group, Clinical Scientific Review, National Institutes of applications. and Integrative Cardiovascular Sciences Health, 6701 Rockledge Drive, Room 2180, Place: Georgetown Suites, 1000 29th Street, Study Section. MSC 7818, Bethesda, MD 20892, (301) 435– Conference, Washington, DC 20007. Date: February 12–13, 2009. 0682, [email protected]. Contact Person: Cathy Wedeen, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Program Scientific Review, National Institutes of applications. Project: Cell Biology. Health, 6701 Rockledge Drive, Room 3213, Place: Holiday Inn Georgetown, 2101 Date: February 12–13, 2009. MSC 7808, Bethesda, MD 20892, 301–435– Wisconsin Avenue, NW., Washington, DC Time: 8 a.m. to 5 p.m. 1191, [email protected]. 20007. Agenda: To review and evaluate grant Name of Committee: Digestive Sciences Contact Person: Russell T. Dowell, PhD, applications. Integrated Review Group, Pathobiology of Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Kidney Disease Study Section. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892. Date: February 1–2, 2009. Health, 6701 Rockledge Drive, Room 4128, (Virtual Meeting). Time: 8 a.m. to 6:30 p.m. MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Jonathan Arias, PhD, Agenda: To review and evaluate grant 1850, [email protected]. Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Name of Committee: Oncological Sciences Health, 6701 Rockledge Drive, Room 5170, Place: The Fairmont Washington, DC, 2401 Integrated Review Group, Tumor Progression M Street, NW., Washington, DC 20037. MSC 7840, Bethesda, MD 20892, 301–435– and Metastasis Study Section. 2406, [email protected]. Contact Person: Krystyna E. Rys-Sikora, Date: February 12–13, 2009. PhD, Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Systemic Injury by Environmental Exposure. Health, 6701 Rockledge Drive, Room 4016J, applications. Date: February 12, 2009. MSC 7814, Bethesda, MD 20892, 301–451– Place: Ritz Carlton Hotel, 1150 22nd Street, Time: 8 a.m. to 6 p.m. 1325, [email protected]. NW., Washington, DC 20037. Agenda: To review and evaluate grant Name of Committee: Digestive Sciences Contact Person: Manzoor Zarger, MS, PhD, applications. Integrated Review Group, Urologic and Scientific Review Officer, Center for Place: Bethesda Marriott Suites, 6711 Kidney Development and Genitourinary Scientific Review, National Institutes of Democracy Boulevard, Bethesda, MD 20817. Diseases, Study Section. Health, 6701 Rockledge Drive, Room 6208, Contact Person: Patricia Greenwel, PhD, Date: February 12–13, 2009. MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. 2477, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Bioengineering Health, 6701 Rockledge Drive, Room 2178, applications. Sciences & Technologies, Integrated Review MSC 7818, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Group, Biodata Management and Analysis 1169, [email protected]. Rockledge Drive, Bethesda, MD 20892. Study Section. Name of Committee: Endocrinology, (Virtual Meeting). Date: February 12, 2009. Metabolism, Nutrition and Reproductive Contact Person: Ryan G. Morris, PhD, Time: 8 a.m. to 5 p.m. Sciences Integrated Review Group, Molecular Scientific Review Officer, Center for Agenda: To review and evaluate grant and Cellular Endocrinology Study Section. Scientific Review, National Institutes of applications. Date: February 12, 2009. Health, 6701 Rockledge Drive, Room 4205, Place: Holiday Inn Fisherman’s Wharf, San Time: 8 a.m. to 6 p.m. MSC 7814, Bethesda, MD 20892, 301–435– Francisco, 1300 Columbus Avenue, San Agenda: To review and evaluate grant 1501, [email protected]. Francisco, CA 94133. applications. Name of Committee: Infectious Diseases Contact Person: Ping Fan, MD, PhD, Place: Doubletree Hotel, 8120 Wisconsin and Microbiology, Integrated Review Group, Scientific Review Officer, Center for Avenue, Bethesda, MD 20814. Prokaryotic Cell and Molecular Biology Scientific Review, National Institutes of Contact Person: Syed M. Amir, PhD, Study Section. Health, 6701 Rockledge Drive, Room 5154, Scientific Review Officer, Center for Date: February 12–13, 2009. MSC 7840, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Time: 8 a.m. to 6 p.m. 1740, [email protected]. Health, 6701 Rockledge Drive, Room 6172, Agenda: To review and evaluate grant Name of Committee: Biobehavioral and MSC 7892, Bethesda, MD 20892, 301–435– applications. Behavioral Processes Integrated Review, 1043, [email protected]. Place: Catamaran Hotel, 3999 Mission Group Biobehavioral Regulation, Learning Name of Committee: Biological Chemistry Boulevard, San Diego, CA 92109. and Ethology Study Section. and Macromolecular Biophysics, Integrated Contact Person: Diane L. Stassi, PhD, Date: February 12–13, 2009. Review Group, Macromolecular Structure Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. and Function E Study Section Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: February 12–13, 2009. Health, 6701 Rockledge Drive, Room 3202, applications. Time: 8 a.m. to 5 p.m. MSC 7808, Bethesda, MD 20892, 301–435– Place: The Hotel Rouge, 1315 16th Street, Agenda: To review and evaluate grant 2514, [email protected]. NW., Washington, DC 20036. applications. Name of Committee: Brain Disorders and Contact Person: Melissa Gerald, PhD, Place: Bahia Resort Hotel, 998 W. Mission Clinical Neuroscience, Integrated Review Scientific Review Officer, Center for Bay Drive, San Diego, CA 92109. Group, Acute Neural Injury and Epilepsy Scientific Review, National Institutes of Contact Person: Nitsa Rosenzweig, PhD, Study Section. Health, 6701 Rockledge Drive, Room 3172, Scientific Review Officer, Center for
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Scientific Review, National Institutes of Place: Porto Vista Hotel and Suites, 1835 Dated: January 8, 2009. Health, 6701 Rockledge Drive, Room 1102, Columbia Street, San Diego, CA 92101. Jennifer Spaeth, MSC 7760, Bethesda, MD 20892, (301) 435– Contact Person: Tera Bounds, DVM, PhD, Director, Office of Federal Advisory 1747, [email protected]. Scientific Review Officer, Center for Committee Policy. Name of Committee: Cardiovascular Scientific Review, National Institutes of [FR Doc. E9–781 Filed 1–21–09; 8:45 am] Sciences, Integrated Review Group, Cardiac Health, 6701 Rockledge Drive, Room 3198, Contractility, Hypertrophy, and Failure MSC 7808, Bethesda, MD 20892, 301 435– BILLING CODE 4140–01–M Study Section. 2306, [email protected]. Date: February 12, 2009. Name of Committee: Infectious Diseases Time: 8 a.m. to 8 p.m. and Microbiology, Integrated Review Group, DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Drug Discovery and Mechanisms of HUMAN SERVICES applications. Antimicrobial Resistance Study Section. Place: Catamaran Resort Hotel, 3999 Date: February 12–13, 2009. National Institutes of Health Mission Boulevard, San Diego, CA 92109. Time: 8:30 a.m. to 5:30 p.m. Contact Person: Olga A. Tjurmina, PhD, Agenda: To review and evaluate grant National Center for Research Scientific Review Officer, Center for applications. Resources; Notice of Closed Meetings Scientific Review, National Institutes of Place: Sheraton La Jolla Hotel, 3299 Health, 6701 Rockledge Drive, Room 4030B, Holiday Court, La Jolla, CA 92037. Pursuant to section 10(d) of the MSC 7814, Bethesda, MD 20892, (301) 451– Contact Person: Guangyong Ji, PhD, Federal Advisory Committee Act, as 1375, [email protected]. Scientific Review Officer, Center for amended (5 U.S.C. Appendix 2), notice Name of Committee: Risk, Prevention and Scientific Review, National Institutes of is hereby given of the following Health Behavior, Integrated Review Group, Health, 6701 Rockledge Drive, Room 3211, meetings. Risk, Prevention and Intervention for MSC 7808, Bethesda, MD 20892, 301–435– 1227, [email protected]. The meetings will be closed to the Addictions Study Section. public in accordance with the Date: February 12–13, 2009. Name of Committee: Musculoskeletal, Oral Time: 8:30 a.m. to 5 p.m. and Skin Sciences, Integrated Review Group, provisions set forth in sections Agenda: To review and evaluate grant Skeletal Muscle and Exercise Physiology 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Study Section. as amended. The grant applications and Place: Sheraton Delfina Santa Monica, 530 Date: February 12, 2009. the discussions could disclose West Pico Boulevard, Santa Monica, CA Time: 8:30 a.m. to 6 p.m. confidential trade secrets or commercial 90405. Agenda: To review and evaluate grant property such as patentable material, Contact Person: Gayle M. Boyd, PhD, applications. and personal information concerning Scientific Review Officer, Center for Place: The William F. Bolger Center, 9600 Scientific Review, National Institutes of Newbridge Drive, Potomac, MD 20854. individuals associated with the grant Health, 6701 Rockledge Drive, Room 3141, Contact Person: Daniel F. McDonald, PhD, applications, the disclosure of which MSC 7808, Bethesda, MD 20892, 301–451– Scientific Review Officer, Center for would constitute a clearly unwarranted 9956, [email protected]. Scientific Review, National Institutes of invasion of personal privacy. Name of Committee: Cardiovascular Health, 6701 Rockledge Drive, Room 4216, Name of Committee: National Center for Sciences Integrated Review Group, MSC 7814, Bethesda, MD 20892, (301) 435– Research Resources Special Emphasis Panel; Cardiovascular Differentiation and 1215, [email protected]. CM SUPPLEMENT. Development Study Section. Name of Committee: Center for Scientific Date: February 19, 2009. Date: February 12–13, 2009. Review Special Emphasis Panel, Virology. Time: 8 a.m. to 5 p.m. Time: 8:30 a.m. to 5 p.m. Date: February 12–13, 2009. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Time: 9 a.m. to 3 p.m. applications. applications. Agenda: To review and evaluate grant Place: Marriott Bethesda North Hotel and Place: The Westin St. Francis, 335 Powell applications. Conference Ctr., 5701 Marinelli Road, North Street, San Francisco, CA 94102. Place: National Institutes of Health, 6701 Bethesda, MD 20852. Contact Person: Maqsood A. Wani, PhD, Rockledge Drive, Bethesda, MD 20892. Contact Person: Lee Warren Slice, PhD, DVM, Scientific Review Officer, Center for (Virtual Meeting) Scientific Review Officer, Office of Review, Scientific Review, National Institutes of Contact Person: John C. Pugh, PhD, National Center for Research Resources, Health, 6701 Rockledge Drive, Room 4136, Scientific Review Officer, Center for Bethesda, MD 20892, 301–435–0965. MSC 7814, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Name of Committee: National Center for 2270, [email protected]. Health, 6701 Rockledge Drive, Room 3114, Research Resources Special Emphasis Panel; Name of Committee: Health of the MSC 7808, Bethesda, MD 20892, (301) 435– CMRC SEP. Population, Integrated Review Group, 2398, [email protected]. Date: February 25, 2009. Community Influences on Health Behavior. Name of Committee: Musculoskeletal, Oral Time: 1 p.m. to 4 p.m. Date: February 12–13, 2009. And Skin Sciences, Integrated Review Group, Agenda: To review and evaluate grant Time: 8:30 a.m. to 4 p.m. Musculoskeletal Rehabilitation Sciences applications. Agenda: To review and evaluate grant Study Section. Place: National Institutes of Health, One applications. Date: February 12–13, 2009. Democracy Plaza, 6701 Democracy Place: Hyatt Regency Bethesda, One Time: 8 a.m. to 5 p.m. Boulevard, Bethesda, MD 20892, (Telephone Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant Conference Call). Avenue, Bethesda, MD 20814. applications. Contact Person: Martha F. Matocha, PhD, Contact Person: Ellen K. Schwartz, EDD, Place: Bahia Resort Hotel, 998 West Scientific Review Officer, Office of Review, Scientific Review Officer, Center for Mission Bay Drive, San Diego, CA 92109. National Center for Research Resources, Scientific Review, National Institutes of Contact Person: Jo Pelham, BA, Scientific National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 3168, Review Officer, Center for Scientific Review, Democracy Blvd., 1 Democracy Plaza, Rm. MSC 7770, Bethesda, MD 20892, 301–435– National Institutes of Health, 6701 Rockledge 1070, Bethesda, MD 20892, 301–435–0810, 0681, [email protected]. Drive, Room 4102, MSC 7814, Bethesda, MD [email protected]. Name of Committee: Infectious Diseases 20892, (301) 435–1786, [email protected]. Name of Committee: National Center for and Microbiology, Integrated Review Group, (Catalogue of Federal Domestic Assistance Research Resources Special Emphasis Panel; Pathogenic Eukaryotes Study Section. Program Nos. 93.306, Comparative Medicine; 2009 NCRR Loan Repayment Review. Date: February 12–13, 2009. 93.333, Clinical Research, 93.306, 93.333, Date: April 22, 2009. Time: 8:30 a.m. to 5 p.m. 93.337, 93.393–93.396, 93.837–93.844, Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant applications. Institutes of Health, HHS) applications.
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Place: National Institutes of Health, One 93.306, 93.333, National Institutes of Health, DEPARTMENT OF HEALTH AND Democracy Plaza, 6701 Democracy HHS) HUMAN SERVICES Boulevard, Bethesda, MD 20892, (Virtual Dated: January 13, 2009. Meeting). National Institutes of Health Contact Person: Barbara J. Nelson, PhD, Jennifer Spaeth, Scientific Review Officer, Office of Review, Director, Office of Federal Advisory National Institute of Allergy and National Center for Research Resources, NIH, Committee Policy. Infectious Diseases; Notice of Closed 6701 Democracy Blvd., Room 1080, 1 Democracy Plaza, Bethesda, MD 20892, (301) [FR Doc. E9–1154 Filed 1–21–09; 8:45 am] Meeting 435–0806. BILLING CODE 4140–01–P Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Federal Advisory Committee Act, as 93.333, Clinical Research; 93.371, Biomedical DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Technology; 93.389, Research Infrastructure, HUMAN SERVICES is hereby given of the following 93.306, 93.333, National Institutes of Health, meeting. HHS) National Institutes of Health The meeting will be closed to the Dated: January 13, 2009. public in accordance with the Jennifer Spaeth, National Institute on Drug Abuse; provisions set forth in sections Director, Office of Federal Advisory Notice of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. as amended. The grant applications and [FR Doc. E9–1151 Filed 1–21–09; 8:45 am] Pursuant to section 10(d) of the the discussions could disclose Federal Advisory Committee Act, as BILLING CODE 4140–01–P confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice property such as patentable material, is hereby given of the following and personal information concerning DEPARTMENT OF HEALTH AND meeting. individuals associated with the grant HUMAN SERVICES The meeting will be closed to the applications, the disclosure of which public in accordance with the would constitute a clearly unwarranted National Institutes of Health provisions set forth in sections invasion of personal privacy. National Center for Research 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Microbiology, Resources; Notice of Closed Meeting as amended. The grant applications and Infectious Diseases and AIDS Initial Review the discussions could disclose Group; Microbiology and Infectious Diseases Pursuant to section 10(d) of the confidential trade secrets or commercial B Subcommittee. Federal Advisory Committee Act, as Date: February 11–12, 2009. property such as patentable material, Time: 8 a.m. to 5 p.m. amended (5 U.S.C. Appendix 2), notice and personal information concerning is hereby given of the following Agenda: To review and evaluate grant individuals associated with the grant applications. meeting. applications, the disclosure of which Place: Bethesda North Marriott, 5701 The meeting will be closed to the Marinelli Road, Bethesda, MD 20852. public in accordance with the would constitute a clearly unwarranted invasion of personal privacy. Contact Person: Gary S. Madonna, PhD, provisions set forth in sections Scientific Review Officer, Scientific Review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute on Program, Division of Extramural Activities, as amended. The grant applications and Drug Abuse Special Emphasis Panel; NIDA– NIAID, National Institutes of Health, 6700B the discussions could disclose L Medications Development Conflicts, Rockledge Drive, MSC 7616, Bethesda, MD confidential trade secrets or commercial Special Emphasis Panel. 20892, 301–496–3528, [email protected]. property such as patentable material, Date: February 12, 2009. (Catalogue of Federal Domestic Assistance and personal information concerning Time: 2:30 p.m. to 4 p.m. Program Nos. 93.855, Allergy, Immunology, individuals associated with the grant Agenda: To review and evaluate grant and Transplantation Research; 93.856, applications, the disclosure of which applications. Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) would constitute a clearly unwarranted Place: Double Tree Hotel, 1515 Rhode invasion of personal privacy. Island, NW., Washington, DC 20005. Dated: January 13, 2009. Contact Person: Scott Chen, Scientific Jennifer Spaeth, Name of Committee: National Center for Research Resources Initial Review Group; Review Officer, Office of Extramural Affairs, Director, Office of Federal Advisory Comparative Medicine Review Committee; National Institute on Drug Abuse, National Committee Policy. CMRC. Institutes of Health, DHHS, 6101 Executive [FR Doc. E9–1148 Filed 1–21–09; 8:45 am] Date: February 18, 2009. Boulevard, Room 220, MSC 8401, Bethesda, BILLING CODE 4140–01–P Time: 8 a.m. to 5 p.m. MD 20892, 301–402–6020, Agenda: To review and evaluate grant [email protected]. applications. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Place: Hilton Washington/Rockville, & Program Nos. 93279, Drug Abuse and HUMAN SERVICES Executive Meeting Center, 1750 Rockville Addiction Research Programs, National Pike, Rockville, MD 20852. National Institutes of Health Contact Person: Bonnie B. Dunn, PhD, Institutes of Health, HHS) Scientific Review Officer, National Center for Dated: January 9, 2009. National Institute of Allergy and Research Resources, or National Institutes of Jennifer Spaeth, Health, 6701 Democracy Blvd., 1 Democracy Infectious Diseases; Notice of Closed Plaza, Room 1074, MSC 4874, Bethesda, MD Director, Office of Federal Advisory Meeting 20892–4874, 301–435–0824, Committee Policy. [email protected]. [FR Doc. E9–995 Filed 1–21–09; 8:45 am] Pursuant to section 10(d) of the Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Program Nos. 93.306, Comparative Medicine; amended (5 U.S.C. Appendix 2), notice 93.333, Clinical Research; 93.371, Biomedical is hereby given of the following Technology; 93.389, Research Infrastructure, meeting.
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The meeting will be closed to the Name of Committee: National Institute of DEPARTMENT OF HEALTH AND public in accordance with the Diabetes and Digestive and Kidney Diseases HUMAN SERVICES provisions set forth in sections Special Emphasis Panel; The NIDDK-KUH 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Fellowship Review Committee. National Institutes of Health as amended. The grant applications and Date: February 2, 2009. the discussions could disclose Time: 10 a.m. to 2:30 p.m. ODS Analytical Methods and confidential trade secrets or commercial Agenda: To review and evaluate grant Reference Materials Program—Dietary property such as patentable material, applications. Supplement Element Methodology and personal information concerning Place: National Institutes of Health, Two Workshop; Notice Democracy Plaza, 6707 Democracy individuals associated with the grant Notice is hereby given of the National applications, the disclosure of which Boulevard, Bethesda, MD 20892, (Telephone Conference Call). Institutes of Health (NIH) Office of would constitute a clearly unwarranted Dietary Supplements (ODS) Analytical invasion of personal privacy. Contact Person: Xiaodu Guo, MD, PhD, Scientific Review Officer, Review Branch, Methods and Reference Materials Name of Committee: National Institute of DEA, NIDDK, National Institutes of Health, Program, Dietary Supplement Element Allergy and Infectious Diseases Special Room 761, 6707 Democracy Boulevard, Methodology Workshop to be held Emphasis Panel; Mechanism of Bethesda, MD 20892–5452, (301) 594–4719, Monday, March 23rd and Tuesday, Immunological Tolerance. [email protected]. March 24th, 2009 at the Marriott Date: February 19, 2009. This notice is being published less than 15 Gaithersburg Washingtonian Center Time: 10 a.m. to 1 p.m. days prior to the meeting due to the timing Hotel in Gaithersburg, Maryland, 20878. Agenda: To review and evaluate grant limitations imposed by the review and Summary: Late in 2001, the U.S. applications. funding cycle. Place: National Institutes of Health, 6700B Congress addressed the need for support Rockledge Drive, Bethesda, MD 20817. Name of Committee: National Institute of of analytical methods and reference Contact Person: Cheryl K. Lapham, PhD, Diabetes and Digestive and Kidney Diseases materials development related to dietary Scientific Review Administrator, Scientific Special Emphasis Panel; Digestive Diseases supplements. The Congressional Review Program, DEA, NIAID/NIH/DHHS, and Nutrition Fellowships. appropriation language supported an 6700–B Rockledge Drive, MSC 7616, Room Date: February 19, 2009. increased ODS budget for several topics, 3127, Bethesda, MD 20892–7616, 301–402– Time: 9 a.m. to 5 p.m. including analytical methods and 4598, [email protected]. Agenda: To review and evaluate grant reference materials. The Senate (Catalogue of Federal Domestic Assistance applications. language called for: ‘‘ODS to allocate Program Nos. 93.855, Allergy, Immunology, Place: Churchill Hotel, 1914 Connecticut sufficient funds to speed up an ongoing and Transplantation Research; 93.856, Avenue, NW., Washington, DC 20009. collaborative effort to develop and Microbiology and Infectious Diseases Contact Person: Thomas A. Tatham, PhD, disseminate validated analytical Research, National Institutes of Health, HHS) Scientific Review Officer, Review Branch, methods and reference materials for the Dated: January 13, 2009. DEA, NIDDK, National Institutes of Health, most commonly used botanicals and Jennifer Spaeth, Room 760, 6707 Democracy Boulevard, other dietary supplements.’’ Director, Office of Federal Advisory Bethesda, MD 20892–5452, (301) 594–3993, On February 8, 2002, ODS held a Committee Policy. [email protected]. public meeting to solicit comments to [FR Doc. E9–1156 Filed 1–21–09; 8:45 am] Name of Committee: National Institute of assist ODS in designing an overall Diabetes and Digestive and Kidney Diseases BILLING CODE 4140–01–P strategy for implementing the Special Emphasis Panel; NIDDK Ancillary Congressional mandate to foster Studies in Kidney Diseases. development and validation of DEPARTMENT OF HEALTH AND Date: March 2, 2009. analytical methods and reference HUMAN SERVICES Time: 1 p.m. to 4 p.m. materials for dietary supplements. Agenda: To review and evaluate grant In Fiscal Years 2004 and 2005, National Institutes of Health applications. Congress again used similar language Place: National Institutes of Health, Two supporting the Analytical Methods and National Institute of Diabetes and Democracy Plaza, 6707 Democracy Reference Materials Program in the ODS Boulevard, Bethesda, MD 20892, (Telephone Digestive and Kidney Diseases; Notice appropriations. Conference Call). of Closed Meetings On September 10, 2007, ODS held a Contact Person: Thomas A. Tatham, PhD, Stakeholders’ Meeting to review the Pursuant to section 10(d) of the Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, progress that had been made by the Federal Advisory Committee Act, as Analytical Methods and Reference amended (5 U.S.C. Appendix 2), notice Room 760, 6707 Democracy Boulevard, Bethesda, MD 20892–5452, (301) 594–3993, Materials Program since its inception in is hereby given of the following 2002 and to receive comments on future meetings. [email protected]. (Catalogue of Federal Domestic Assistance programmatic directions. The meetings will be closed to the Program Nos. 93.847, Diabetes, As a follow-up to the public in accordance with the Endocrinology and Metabolic Research; recommendations from the provisions set forth in sections 93.848, Digestive Diseases and Nutrition Stakeholders’ Meeting, a Vitamin 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Research; 93.849, Kidney Diseases, Urology Methodology Workshop was held in as amended. The grant applications and and Hematology Research, National Institutes July 2008. This workshop sought to the discussions could disclose of Health, HHS) evaluate the state of analytical confidential trade secrets or commercial methodology on vitamins suitable for Dated: January 13, 2009. property such as patentable material, dietary supplements and to identify and personal information concerning Jennifer Spaeth, gaps in the analytical science for the individuals associated with the grant Director, Office of Federal Advisory purpose of meeting future methods applications, the disclosure of which Committee Policy. needs of stakeholders. Results of the would constitute a clearly unwarranted [FR Doc. E9–1160 Filed 1–21–09; 8:45 am] Vitamin Methodology Workshop invasion of personal privacy. BILLING CODE 4140–01–P include an executive summary of the
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outcome of the workshop (in ACTION: Notice of availability and LCDR Robert Manning, (CG–54132) preparation) as well as recognition of a request for comments. Electronic Navigation Division, U.S. need for a Dietary Supplement Element Coast Guard, telephone 202–372–1560, Methodology Workshop. SUMMARY: The Coast Guard announces or e-mail [email protected]. If The purpose of this upcoming the availability of a Draft Programmatic you have questions on viewing or workshop is to evaluate the state of Environmental Impact Statement (PEIS) submitting material to the docket, call analytical methods for nutrient and non- on the Future of the Long Range Aids Renee V. Wright, Program Manager, nutrient minerals (including toxic to Navigation (Loran–C) Program. We Docket Operations, telephone 202–366– elements) in dietary supplement request your comments on the Draft 9826. products and to identify gaps in PEIS. SUPPLEMENTARY INFORMATION: methodology, with a view toward DATES: Two public meetings concerning Public Participation and Request for designing a research program to fill the the Draft PEIS are planned. The public Comments unmet methods needs of stakeholders. meetings will be held on February 18, The desired outcomes of this meeting 2009, in Washington, DC and on March We encourage you to submit are to provide an overview of the status 3, 2009, in New Orleans, LA. Comments comments and related material on the of analytical methodology for elements, and related material must reach the Draft PEIS on the Future of the Loran- to discuss analytical method purpose Docket Management Facility on or C Program. All comments received will statements, to discuss the definition and before March 9, 2009. be posted, without change, to http:// www.regulations.gov and will include evaluation of a method’s purpose, as ADDRESSES: The Washington, DC well as its fitness for purpose. meeting will be held at the Ronald any personal information you have The sponsor of this meeting is the Reagan Building and International provided. We have an agreement with the Department of Transportation (DOT) NIH Office of Dietary Supplements. Trade Center, Oceanic Rooms A & B, to use the Docket Management Facility. 1300 Pennsylvania Avenue, NW., Registration Please see DOT’s ‘‘Privacy Act’’ Washington, DC 20004, telephone 202– paragraph below. Seating at this workshop is very 312–1326. The New Orleans, LA limited. To register please forward your Submitting comments: If you submit a meeting will be held at the Hilton New comment, please include the docket name and complete mailing addresses Orleans Riverside, Rosedown Room, 2 including phone number via e-mail to number for this notice (USCG–2007– Poydras Street, New Orleans, LA 70140, 28460), and give the reason for each Mr. Mike Schultz at telephone 504–556–3739. Each meeting [email protected]. Mr. Schultz comment. You may submit your will consist of an informational open comments and material by electronic will be coordinating the registration for house from 4:30 p.m. to 6 p.m. and a this meeting. If you wish to make an means, mail, fax, or delivery to Docket public scoping meeting from 6 p.m. to Management Facility at the address oral presentation during the meeting, 8 p.m. The public meetings may end you must indicate this when you under ADDRESSES; but please submit later than the stated time, depending on your comments and material by only register and submit the following the number of persons wishing to speak. information: (1) A brief written one means. We recommend that you Send written material or comments include your name and a mailing statement of the general nature of the you wish to have as part of the meeting comments that you wish to present, (2) address, an e-mail address, or a record to Department of Homeland telephone number in the body of your the names and addresses of the Security, U.S. Coast Guard, (CG–54132) person(s) who will give the document so that we can contact you if Electronic Navigation Branch, 2100 we have questions regarding your presentation, and (3) the approximate Second Street, SW., Washington, DC length of time that you are requesting submission. For example, we may ask 20593–0001, Attn: LCDR Robert you to resubmit your comment if we are for your presentation. Depending on the Manning no later than February 9, 2009. number of people who register to make not able to read your original You may submit comments identified submission. If you submit them by mail presentations, we may have to limit the by Coast Guard docket number USCG– time allotted for each presentation. If or delivery, submit them in an unbound 2007–28460 to the Docket Management format, no larger than 81⁄2 by 11 inches, you don’t have access to e-mail please Facility at the U.S. Department of call Mr. Schultz at 301–670–0270. suitable for copying and electronic Transportation. To avoid duplication, filing. If you submit them by mail and Dated: January 13, 2009. please use only one of the following would like to know that they reached Paul M. Coates, methods: the Docket Management Facility, please Director, Office of Dietary Supplements, (1) Online: http:// enclose a stamped, self-addressed National Institutes of Health. www.regulations.gov. postcard or envelope. We will consider [FR Doc. E9–1162 Filed 1–21–09; 8:45 am] (2) Mail: Docket Management Facility all comments and material received BILLING CODE 4140–01–P (M–30), U.S. Department of during the comment period. Transportation, West Building Ground Viewing the comments and Draft Floor, Room W12–140, 1200 New Jersey PEIS: To view the comments and the DEPARTMENT OF HOMELAND Avenue, SE., Washington, DC 20590– Draft PEIS, go to http:// SECURITY 0001. www.regulations.gov, select the (3) Hand delivery: Room W12–140 on Advanced Docket Search option on the Coast Guard the Ground Floor of the DOT West right side of the screen, insert USCG– Building, 1200 New Jersey Avenue, SE., 2007–28460 in the Docket ID box, press [Docket No. USCG–2007–28460] Washington, DC 20590, between 9 a.m. Enter, and then click on the item in the and 5 p.m., Monday through Friday, Long Range Aids to Navigation Docket ID column. If you do not have except Federal holidays. The telephone (Loran–C) Program; Draft access to the Internet, you may view the number is 202–366–9329. Programmatic Environmental Impact docket online by visiting the Docket (4) Fax: 202–493–2251. Statement Management Facility in Room W12–140 FOR FURTHER INFORMATION CONTACT: If on the ground floor of the DOT West AGENCY: Coast Guard, DHS. you have questions on this notice, call Building, 1200 New Jersey Avenue, SE.,
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Washington, DC 20590, between 9 a.m. Coast Guard, DHS, or any other entity to provider may not require the individual and 5 p.m., Monday through Friday, undertake any specific course of action or family applying for occupancy to except Federal holidays. The Draft PEIS with respect to Loran. provide the information. The is also available at the project Web site, We are requesting your comments on information collection pertaining to this http://www.uscg-e2m.com/LoranPEIS/. the environmental concerns that you supplemental information will be Privacy Act: Anyone can search the may have related to the Draft PEIS. This submitted to the Office of Management electronic form of all comments includes suggested analyses and and Budget (OMB) for review, as received into any of our dockets by the methodologies for use in the Draft PEIS required by the Paperwork Reduction name of the individual submitting the or possible sources of data for Act of 1995. HUD is soliciting public comment (or signing the comment, if information not included in the Draft comments on the subject proposal. submitted on behalf of an association, PEIS. Your comments will be DATES: Comments Due Date: March 23, business, labor union, etc.). You may considered in preparing the final PEIS. 2009. review a Privacy Act, system of records Dated: December 30, 2008. ADDRESSES: Interested persons are notice regarding our public dockets in James A. Watson, invited to submit comments regarding the January 17, 2008, issue of the Rear Admiral, U.S. Coast Guard, Director of this proposal. Comments should refer to Federal Register (73 FR 3316). Prevention Policy. the proposal by name and/or OMB Background and Purpose [FR Doc. E9–1171 Filed 1–21–09; 8:45 am] Control Number and should be sent to: Lillian Deitzer, Departmental Reports Loran is a radionavigation system first BILLING CODE 4910–15–P Management Officer, QDAM, developed during World War II and Department of Housing and Urban operated by the USCG. The current Development, 451 7th Street, SW., system (Loran–C) is a low frequency DEPARTMENT OF HOUSING AND Washington, DC 20410; e-mail hyperbolic radionavigation system URBAN DEVELOPMENT [email protected] or approved for use in the Coastal [Docket No. FR–5279–N–01] telephone 202–402–8048. Confluence Zone (CCZ) and as a FOR FURTHER INFORMATION CONTACT: supplemental air navigation aid. Notice of Proposed Information Willie Spearmon, Office of Multifamily Loran–C provides navigation, location, Collection: Supplemental Information Housing Programs, Office of Housing, and timing services for both civil and to Application for Assistance Department of Housing and Urban military air, land, and marine users in Regarding Identification of Family Development, 451 7th Street, SW., the continental U.S. (CONUS) and Member, Friend or Other Person or Room 6134, Washington, DC 20410– Alaska. The USCG operates 18 CONUS Organization Supportive of a Tenant 8000; telephone 202–708–3000 (this is Loran Stations, 6 Alaska Loran Stations, for Occupancy in HUD Assisted not a toll-free number). Dina Elani, and 24 monitoring sites. Housing The Draft PEIS on the Future of the Office of Public and Indian Housing, Loran–C Program is a program-level AGENCY: Office of the Assistant 451 7th Street, SW., Room 4224, document designed to provide the Secretary for Housing-Federal Housing Washington, DC 20410–4000; telephone USCG with high-level analysis of the Commissioner, and the Office of the number 202–402–2071 (this is not a toll- potential impacts on the human Assistant Secretary for Public and free number). Persons with hearing or environment from the alternatives for Indian Housing, HUD. speech disabilities may access both the future of the Loran–C Program. The ACTION: Notice. numbers through TTY by calling the Draft PEIS evaluates the following five toll-free Federal Information Relay SUMMARY: The proposed information alternatives on the future of the USCG Service at 800–877–8339. collection requirement described in this Loran–C Program: SUPPLEMENTARY INFORMATION: notice pertains to supplemental (1) No Action Alternative. The No I. Background Action Alternative refers to the current, information that housing providers existing conditions without participating in federally assisted Section 644 of the Housing and implementation of the Proposed Action. housing, as defined in this notice, are Community Development Act of 1992 (2) Decommission the USCG Loran–C required to give an individual or family (42 U.S.C. 13604) imposed on HUD the Program and Terminate the North applying for assisted housing the option obligation to require housing providers American Loran–C Signal. to provide as part of their application participating in federally assisted (3) Automate, Secure, and Unstaff for occupancy. The supplemental housing to provide any individual or Loran–C Stations. information would provide an family applying for occupancy in HUD- (4) Automate, Secure, Unstaff, and individual or family applying for assisted housing with the option to Transfer Management of the Loran–C assistance under these programs with include in the application for Program to Another Government the option of including in the occupancy the name, address, telephone Agency. application for assistance the name, number, and other relevant information (5) Automate, Secure, Unstaff, and address, phone number, and other of a family member, friend, or person Transfer Management of the Loran–C relevant information of a family associated with a social, health, Program to Another Government member, friend, or person associated advocacy, or similar organization. The Agency to Deploy an eLoran system. with a social, health, advocacy, or federally assisted housing programs The preferred alternatives include similar organization, who is familiar covered by this notice are listed in the Automate, Secure, Unstaff, and Transfer with and may assist with the services matrix that accompanies this notice. Management of the Loran–C Program to and special care needed by the The objective of providing such Another Government Agency; or individual or family, and assist in information, if the information is Automate, Secure, Unstaff, and Transfer resolving any tenancy issues arising provided, and if the applicant becomes Management of the Loran–C Program to during the tenancy of such tenant. The a tenant, is to facilitate contact by the Another Government Agency to Deploy supplemental information is to be housing provider with the person or an eLoran system. It is important to note maintained by the housing provider as organization identified by the tenant, to that this draft PEIS does not obligate the confidential information. The housing assist in providing any delivery of
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services or special care to the tenant and designed a form that housing providers (3) Enhance the quality, utility, and assist with resolving any tenancy issues are required to provide to each clarity of the information to be arising during the tenancy of such applicant for occupancy that (1) notifies collected; and tenant. This supplemental application an applicant of the applicant’s option to (4) Minimize the burden of the information is to be maintained by the provide the information specified in collection of information on those who housing provider and maintained as section 644 of the Housing and are to respond; including the use of confidential information. Community Development Act of 1992, appropriate automated collection While this statutory requirement to (2) provides for the information to be techniques or other forms of information notify applicants for occupancy in HUD- submitted, and (3) advises of the technology, e.g., permitting electronic assisted housing of the option of confidentiality of the information submission of responses. providing such information is a long- included on the form. This notice Title of Proposal: Supplemental and standing one, HUD has discovered that provides a listing and description of that applicants are not being consistently Optional Contact Information for HUD- information, as well as a sample Assisted Housing Occupants. notified of the option to provide this document (that is a sample of the information. Accordingly, HUD has document in which required OMB Control Number, if applicable: determined that the best way to ensure information may be presented to HUD), Pending. that providers of federally assisted and HUD is submitting the proposed Description of the need for the housing comply with this requirement information collection to OMB, as information and proposed use: HUD is is to require compliance through required by the Paperwork Reduction proposing this information collection to utilization of a standard form for Act of 1995 (44 U.S.C. Chapter 35), and ensure compliance with section 644 of housing providers to give to each is seeking review as allowed by the the Housing and Community applicant for occupancy that notifies Paperwork Reduction Act of 1995. Development Act of 1992, as discussed them of their option to provide the This notice is soliciting comments in section I of this notice. information specified in section 644 of from members of the public and affected Agency form numbers, if applicable: the Housing and Community agencies concerning the proposed HUD-Form 92006 (SAFAH). Development Act of 1992, and provides collection of information to: for the information to be submitted. The Frequency of Submission: Once with standard form that HUD proposes for (1) Evaluate whether the proposed each application for occupancy in a housing providers to use accompanies collection is necessary for the proper HUD-assisted housing project, at the this notice. performance of the functions of the applicant’s option. agency, including whether the Estimation of the total numbers of II. Proposed Information Collection information will have practical utility; hours needed to prepare the information To facilitate compliance with section (2) Evaluate the accuracy of the collection including number of 644 of the Housing and Community agency’s estimate of the burden of the respondents, frequency of response, and Development Act of 1992, HUD has proposed collection of information; hours of response.
Estimated Information to be collected is supplemental and optional contact infor- Number of Number of average time Estimated mation under the following programs respondents * responses per for requirement annual burden respondent (in minutes) (in hours)
Public Housing ...... 98,906 1 .15 14,835.90 Tenant-Based Rental Vouchers ...... 188,898 1 .15 28,334.70 Section 202 Project Rental Assistance Contracts (PRAC) ...... 17,852 1 .15 2,677.80 Section 811 Project Rental Assistance Contracts (PRAC) ...... 5,968 1 .15 895.20 Section 202/162 Project Assistance Contract (PAC) ...... 197 1 .15 29.55 Section 8 Project-Based ...... 230,910 1 .15 34,636.50 Section 236 ...... 7,504 1 .15 1,125.60 Section 221(d)(3) Below Market Interest Rate (BMIR) ...... 499 1 .15 74.85 Rent Supplement ...... 831 1 .15 124.65 Rental Assistance Payment (RAP) ...... 1,143 1 .15 171.45
Totals ...... 552,708 ...... 82,906.20
*NOTE: The number of respondents is the estimated number of total new admissions in the covered programs, and therefore the total number of potential respondents. However, not all newly admitted individuals and families may choose to complete Supplemental and Optional Contact Information for HUD-Assisted Housing Occupants.
Status of the proposed information Attachment A Telephone No: collection: Pending OMB approval. Supplemental and Optional Contact Optional Contact Person or Authority: The Paperwork Reduction Act Information for HUD-Assisted Housing Organization: You have the right by law of 1995, 44 U.S.C., Chapter 35. Occupants to include, at your option and as part of your application for housing, the name, Dated: January 13, 2009. Supplement to Application for address, telephone number, and other Ronald A. Spraker, Federally Assisted Housing relevant information of a family General Deputy Assistant, Secretary for This Form Is To Be Provided to Each member, friend, or social, health, Housing—General Deputy, Federal Housing Applicant for Federally Assisted Commissioner. advocacy, or other organization. If you Housing choose to exercise this option, please OMB Control # 2502-xxxx Applicant Name: include the relevant information on this Exp. (xx/xx/xxxx) Mailing Address: form.
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Name of Additional Contact Person or DEPARTMENT OF THE INTERIOR ACTION: Notice of proposed Organization: reinstatement of terminated oil and gas Bureau of Land Management Relationship, if any, if individual is lease. identified: [CO–922–09–1310–FI; COC69437] SUMMARY: Under the provisions of 30 Address: U.S.C. 188(d) and (e), and 43 CFR Notice of Proposed Reinstatement of Telephone No: 3108.2–3(a) and (b)(1), the Bureau of Terminated Oil and Gas Lease Land Management (BLM) received a E-mail address (if applicable) or other petition for reinstatement of oil and gas AGENCY: Bureau of Land Management, contact information: lease COC66236 from Red Willow Interior. Commitment of Housing Provider: If Production, LLC., for lands in Jackson the applicant becomes a tenant of the ACTION: Notice of Proposed County, Colorado. The petition was federally assisted housing for which the Reinstatement of Terminated Oil and filed on time and was accompanied by applicant is providing, the information Gas Lease. all the rentals due since the date the lease terminated under the law. on this form shall be maintained during SUMMARY: Under the provisions of 30 the period of the tenant’s occupancy in U.S.C. 188(d) and (e), and 43 CFR FOR FURTHER INFORMATION CONTACT: federally assisted housing for the 3108.2–3(a) and (b)(1), the Bureau of Bureau of Land Management, Milada purpose of facilitating contact with such Land Management (BLM) received a Krasilinec, Land Law Examiner, Branch additional contact person or petition for reinstatement of oil and gas of Fluid Minerals Adjudication, at 303– organization to assist in providing any lease COC69437 from Westcliff 239–3767. services or special care for the tenant Resources, LLC, for lands in Rio Blanco SUPPLEMENTARY INFORMATION: The lessee and to assist in resolving any relevant County, Colorado. The petition was has agreed to the amended lease terms tenancy issues arising during the filed on time and was accompanied by for rentals and royalties at rates of tenancy of such tenant. all the rentals due since the date the $10.00 per acre or fraction thereof, per year and 162⁄3 percent, respectively. The Confidentiality Statement: The lease terminated under the law. lessee has paid the required $500 information provided on this form is FOR FURTHER INFORMATION CONTACT: administrative fee and $163 to confidential information and will not be Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch reimburse the Department for the cost of disclosed to anyone else except as this Federal Register notice. The lessee permitted by the applicant or applicable of Fluid Minerals Adjudication, at 303– 239–3767. has met all the requirements for law. reinstatement of the lease as set out in SUPPLEMENTARY INFORMATION: The lessee Legal Notification: The option of an Section 31(d) and (e) of the Mineral has agreed to the amended lease terms Lands Leasing Act of 1920 (30 U.S.C. applicant to provide information for rentals and royalties at rates of $5.00 188), and the Bureau of Land regarding an additional contact person per acre or fraction thereof, per year and or organization is required to be offered Management is proposing to reinstate 162⁄3 percent, respectively. The lessee lease COC66236 effective September 1, to each applicant for federally assisted has paid the required $500 2008, under the original terms and housing by section 644 of the Housing administrative fee and $163 to conditions of the lease and the and Community Development Act of reimburse the Department for the cost of increased rental and royalty rates cited 1992 (Pub. L. 102–55, approved October this Federal Register notice. The lessee above. 28, 1992). The housing provider has met all the requirements for accepting the applicant’s application for reinstatement of the lease as set out in Dated: January 14, 2009. assistance does not discriminate on the Section 31(d) and (e) of the Mineral Milada Krasilinec, basis of race, sex, age, color, creed, Lands Leasing Act of 1920 (30 U.S.C. Land Law Examiner. religion, handicap, national origin, 188), and the Bureau of Land [FR Doc. E9–1189 Filed 1–21–09; 8:45 am] family composition or familial status in Management is proposing to reinstate BILLING CODE 4310–JB–P admission to, or participation in its lease COC69437 effective August 1, federally assisted housing programs. 2008, under the original terms and conditions of the lease and the The information collection DEPARTMENT OF THE INTERIOR increased rental and royalty rates cited requirements contained in this form above. Bureau of Land Management were submitted to the Office of Management and Budget (OMB) under Dated: January 14, 2009. [CO–922–09–1310–FI; COC69412] the Paperwork Reduction Act of 1995 Milada Krasilinec, Land Law Examiner. Notice of Proposed Reinstatement of (44 U.S.C. 3501–3520). The public Terminated Oil and Gas Lease reporting burden is estimated at 15 [FR Doc. E9–1188 Filed 1–21–09; 8:45 am] minutes per response. In accordance BILLING CODE 4310–JB–P AGENCY: Bureau of Land Management, with the Paperwork Reduction Act, an Interior. agency may not conduct or sponsor, and ACTION: Notice of Proposed a person is not required to respond to, DEPARTMENT OF THE INTERIOR Reinstatement of Terminated Oil and a collection of information, unless the Bureau of Land Management Gas Lease. collection displays a currently valid OMB control number. SUMMARY: Under the provisions of 30 [CO–922–09–1310–FI; COC66236] U.S.C. 188(d) and (e), and 43 CFR HUD-Form 92006 Notice of Proposed Reinstatement of 3108.2–3(a) and (b)(1), the Bureau of SAFAH Terminated Oil and Gas Lease Land Management (BLM) received a petition for reinstatement of oil and gas [FR Doc. E9–1165 Filed 1–21–09; 8:45 am] AGENCY: Bureau of Land Management, lease COC69412 from the following BILLING CODE 4210–67–P Interior. companies: (1) Whiting Oil & Gas Corp.,
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(2) Williams Prod Ryan Gulch, LLC, for Minerals Adjudication, at (307) 775– State of Minnesota, and was accepted lands in Rio Blanco County, Colorado. 6176. January 9, 2009. We will place a copy The petition was filed on time and was SUPPLEMENTARY INFORMATION: The lessee of the plat we described in the open accompanied by all the rentals due has agreed to the amended lease terms files. It will be available to the public as since the date the lease terminated for rentals and royalties at rates of a matter of information. under the law. $10.00 per acre, or fraction thereof, per If BLM receives a protest against this survey, as shown on the plat, prior to FOR FURTHER INFORMATION CONTACT: year, and 162⁄3 percent, respectively. Bureau of Land Management, Milada The lessee has paid the required $500 the date of the official filing, we will Krasilinec, Land Law Examiner, Branch administrative fee and $163 to stay the filing pending our of Fluid Minerals Adjudication, at 303– reimburse the Department for the cost of consideration of the protest. 239–3767. this Federal Register notice. The lessee We will not officially file the plat SUPPLEMENTARY INFORMATION: The lessee has met all the requirements for until the day after we have accepted or has agreed to the amended lease terms reinstatement of the lease as set out in dismissed all protests and they have for rentals and royalties at rates of Sections 31(d) and (e) of the Mineral become final, including decisions on $10.00 per acre or fraction thereof, per Lands Leasing Act of 1920 (30 U.S.C. appeals. year and 162⁄3 percent, respectively. The 188), and the Bureau of Land Dated: January 12, 2009. lessee has paid the required $500 Management is proposing to reinstate Dominica Van Koten, administrative fee and $163 to lease WYW174048 effective August 1, Chief Cadastral Surveyor. reimburse the Department for the cost of 2008, under the original terms and [FR Doc. E9–1185 Filed 1–21–09; 8:45 am] this Federal Register notice. The lessees conditions of the lease and the BILLING CODE 4310–GJ–P have met all the requirements for increased rental and royalty rates cited reinstatement of the lease as set out in above. BLM has not issued a valid lease Section 31(d) and (e) of the Mineral affecting the lands. Lands Leasing Act of 1920 (30 U.S.C. INTERNATIONAL TRADE 188), and the Bureau of Land Julie L. Weaver, COMMISSION Management is proposing to reinstate Acting Chief, Branch of Fluid Minerals [Inv. No. 337–TA–582] lease COC69412 effective August 1, Adjudication. [FR Doc. E9–1201 Filed 1–21–09; 8:45 am] 2008, under the original terms and In the Matter of: Certain Hydraulic BILLING CODE 4310–22–P conditions of the lease and the Excavators and Components Thereof increased rental and royalty rates cited General Exclusion Order above. DEPARTMENT OF THE INTERIOR Dated: January 14, 2009. The Commission has determined that there is a violation of section 337 of the Milada Krasilinec, Bureau of Land Management Tariff Act of 1930 (19 U.S.C. 1337) Land Law Examiner. [ES–956–1420–BJ–TRST; Group No. 193, based on the unlawful importation and [FR Doc. E9–1190 Filed 1–21–09; 8:45 am] Minnesota] sale of certain hydraulic excavators that BILLING CODE 4310–JB–P infringe United States Trademark Eastern States: Filing of Plat of Survey Registration Nos. 2,140,606; 2,241,077; 2,140,605 and 2,448,848, which cover DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, Interior. the ‘‘CAT’’ and ‘‘Caterpillar’’ marks. Bureau of Land Management ACTION: Notice of filing of plat of survey; Having reviewed the record in this Minnesota. investigation, including the written [WY–923–1310–FI; WYW174048] submissions of the parties, the SUMMARY: The Bureau of Land Commission has made its determination Wyoming: Notice of Proposed Management (BLM) will file the plat of on the issues of remedy, the public Reinstatement of Terminated Oil and survey of the lands described below in interest, and bonding. The Commission Gas Lease the BLM–Eastern States, Springfield, has determined that a general exclusion AGENCY: Bureau of Land Management, Virginia, 30 calendar days from the date from entry for consumption is necessary Interior. of publication in the Federal Register. because there is a pattern of violation of ACTION: Notice of proposed FOR FURTHER INFORMATION CONTACT: section 337 and it is difficult to identify reinstatement of terminated oil and gas Bureau of Land Management, 7450 the source of the infringing products. lease. Boston Boulevard, Springfield, Virginia Accordingly, the Commission has 22153. Attn: Cadastral Survey. determined to issue a general exclusion SUMMARY: Under the provisions of 30 SUPPLEMENTARY INFORMATION: This order prohibiting the unlicensed U.S.C. 188(d) and (e), and 43 CFR survey was requested by the Bureau of importation of infringing gray market 3108.2–3(a) and (b)(1), the Bureau of Indian Affairs. hydraulic excavators bearing the Land Management (BLM) received a The lands we surveyed are: trademarks at issue. petition for reinstatement from Red The Commission has further River Oil and Gas, LLC for competitive Fourth Principal Meridian, Minnesota determined that the public interest oil and gas lease WYW174048 for land T. 43 North, R. 27 West factors enumerated in 19 U.S.C. 1337(d) in Carbon County, Wyoming. The The plat of survey represents the do not preclude issuance of the general petition was filed on time and was dependent resurvey of a portion of the exclusion order, and that the bond accompanied by all the rentals due south boundary, a portion of the during the Presidential review period since the date the lease terminated subdivisional lines, the subdivision of shall be in the amount of 100 percent of under the law. section 33, and the reestablishment of the entered value of the articles in FOR FURTHER INFORMATION CONTACT: the record meander lines in section 33, question. Bureau of Land Management, Julie L. in Township 43 North, Range 27 West, Accordingly, the Commission hereby Weaver, Acting Chief, Branch of Fluid of the Fourth Principal Meridian, in the orders that:
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(1) Hydraulic excavators abandoned, canceled, or rendered China)—briefing and vote. (The manufactured by or under authority of invalid or unenforceable, and whether Commission is currently scheduled to Caterpillar Inc. for sale and use outside Caterpillar Inc. continues to satisfy the transmit its determination and the North America Commercial Division economic requirements of section Commissioners’ opinions to the (United States and Canada) which (a) 337(a)(2). Secretary of Commerce on or before bear one or more of the following U.S. (5) The Commission may modify this February 11, 2009.) Trademark Reg. Nos. 2,140,605; Order in accordance with the 5. Outstanding action jackets: none 2,140,606; 2,421,077; and 2,448,848 and procedures described in section 210.76 In accordance with Commission (b) are materially different from of the Commission’s Rules of Practice policy, subject matter listed above, not hydraulic excavators manufactured by and Procedure (19 CFR 210.76). disposed of at the scheduled meeting, or under authority of Caterpillar Inc. for (6) The Secretary shall serve copies of may be carried over to the agenda of the sale and use in the United States, are this Order upon each party of record in following meeting. excluded from entry for consumption this investigation and upon the By order of the Commission: into the United States, entry for Department of Health and Human Issued: January 15, 2009. consumption from a foreign-trade zone, Services, the Department of Justice, the William R. Bishop, or withdrawal from warehouse for Federal Trade Commission, and the U.S. consumption, except if imported by, Customs and Border Protection. Hearings and Meetings Coordinator. under license from, or with the (7) Notice of this Order shall be [FR Doc. E9–1213 Filed 1–21–09; 8:45 am] permission of the trademark owner, or published in the Federal Register. BILLING CODE 7020–02–P as provided by law, until such date as (8) At the discretion of U.S. Customs the trademarks are abandoned, and Border Protection (‘‘CBP’’) and canceled, or rendered invalid or pursuant to procedures it establishes, DEPARTMENT OF JUSTICE unenforceable. This paragraph shall persons seeking to import hydraulic apply to hydraulic excavators exported, excavators that are potentially subject to Notice of Lodging of Consent Decree shipped, sold, purchased, or imported this Order may be required to certify Pursuant to the Comprehensive by any and all persons, including that they are familiar with the terms of Environmental Response, authorized Caterpillar dealers. this Order, that they have made Compensation and Liability Act (2) Notwithstanding paragraph 1 of appropriate inquiry, and thereupon state this Order, the aforesaid hydraulic In accordance with Section 122 of the that, to the best of their knowledge and Comprehensive Environmental excavators excludable under paragraph belief, the products being imported are 1 of this Order are entitled to entry into Response, Compensation and Liability not excluded from entry under Act (CERCLA), 42 U.S.C. 9622, the the United States for consumption, paragraphs 1 through 7 of this Order. At entry for consumption from a foreign Department of Justice gives notice that, its discretion, Customs may require on January 6, 2009, a proposed Consent trade zone, or withdrawal from a persons who have provided the warehouse for consumption, under Decree (the Decree) in United States v. certification described in this paragraph Beckman Coulter, Inc., et al., Civil bond in the amount of 100 percent of to furnish such records or analyses as entered value pursuant to subsection (j) Action No. 98–CV–4812, and New Jersey are necessary to substantiate the Department of Environmental of section 337 of the Tariff Act of 1930, certification. as amended (19 U.S.C. 1337(j)), and the Protection, et al. v. American Presidential memorandum for the By Order of the Commission. Thermoplastics Corp., et al., Civil United States Trade Representative of Issued: January 14, 2009. Action No. 98–CV–4781, was lodged July 21, 2005 (70 FR 43251) from the Marilyn R. Abbott, with the United States District Court for day after this Order is received by the Secretary to the Commission. the District of New Jersey. The Decree United States Trade Representative until [FR Doc. E9–1092 Filed 1–21–09; 8:45 am] addresses recovery of response costs incurred or to be incurred and natural such time as the United States Trade BILLING CODE 7020–02–P Representative notifies the Commission resource damages at the Combe Fill that this Order is approved or South Landfill Superfund Site (the Site), disapproved but, in any event, not later INTERNATIONAL TRADE located in Washington and Chester than 60 days after the date of receipt of COMMISSION Townships in Morris County, New this Order. Jersey. In these consolidated cases, the (3) In accordance with 19 U.S.C. [USITC SE–09–002] United States and the New Jersey Department of Environmental Protection 1337(l), the provisions of this Order Government in the Sunshine Act brought civil claims against 31 shall not apply to hydraulic excavators Meeting Notice bearing the asserted trademarks that are potentially responsible parties (PRPs) imported by and for the use of the AGENCY HOLDING THE MEETING: United under Section 107 of CERCLA, 42 U.S.C. United States, or imported for, and to be States International Trade Commission. 9607, for recovery of response costs at used for, the United States with the the Site. The State Plaintiffs also TIME AND DATE: January 27, 2009 at 9:30 brought civil claims in connection with authorization or consent of the a.m. Government. the Site under the New Jersey Spill (4) Complainant Caterpillar Inc. shall PLACE: Room 101, 500 E Street SW., Compensation and Control Act (the file a written statement with the Washington, DC 20436, Telephone: Spill Act), N.J.S.A. 58:10–23 et seq., and Commission, made under oath, each (202) 205–2000. other authorities, for response costs and year on the anniversary of the issuance STATUS: Open to the public. natural resource damages. Defendants of this Order stating whether Caterpillar MATTERS TO BE CONSIDERED: subsequently filed contribution claims Inc. continues to use each of the 1. Agenda for future meetings: none against 382 third-parties. aforesaid trademarks in commerce in 2. Minutes Under the proposed Decree, Plaintiffs the United States in connection with 3. Ratification List will receive: (1) $61-$69 million hydraulic excavators, whether any of 4. Inv. No. 731–TA–1140 (Final) (depending on how many Municipal the aforesaid trademarks has been (Uncovered Innerspring Units from Third-Party Defendants enter into the
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settlement prior to entry of the Decree United States Attorney for the District of failing to provide adequate operation by the Court), including $6.4 million New Jersey, 970 Broad Street–Room and maintenance at the Facility as from federal departments and agencies, 700, Newark, New Jersey 07102 (973– required by NPDES Permit No. in reimbursement of past costs, with 645–2700); and (2) the United States PR0000400. interest on that entire past costs amount Environmental Protection Agency– The Consent Decree requires Shell to payable from December 8, 2007 through Region II, 290 Broadway–17th Floor, implement injunctive relief to bring the the date of payment; (2) $3,218,700 for New York, New York 10007 (contact: Facility into compliance with the Act, natural resource damage (NRD) William C. Tucker, Assistant Regional including to install and operate a rain restoration projects; and (3) an annuity Counsel, 212–637–3139). gauge at the Facility, to collect, measure, paying $27 million over thirty years for During the public comment period, and maintain records of the rainfall cleanup and operation and maintenance the proposed Decree may also be received at the Facility; to conduct (O&M) costs to be incurred at the Site examined at the Department of Justice maintenance of the Facility’s flood in connection with the remedy. In Web site, http://www.usdoj.gov/enrd/ control pond to minimize discharges of addition, Plaintiffs will recover the net Consent_Decrees.html. A copy of the storm water from the Facility; and to proceeds of contribution actions against proposed Decree may also be obtained conduct several studies and implement non-settling parties. by mail from the Consent Decree compliance measures to reduce the There have been two prior settlements Library, United States Department of concentration of pollutants contained in in these cases. In 2003, in two de Justice, Post Office Box 7611, the Facility’s storm water discharges. minimis consent decrees, Plaintiffs Washington, DC 20044–7611 or by The Facility currently is not conducting resolved the liability of 58 de minimis faxing or e-mailing a request to Tonia any petrochemical production parties for response costs for $3.26 Fleetwood ([email protected]) operations, but if the Facility initiates million and resolved the liability of a (fax 202–514–0097, phone confirmation production operations at any time subset of those parties for NRD for 202–514–1547). In requesting a copy before the Consent Decree terminates, $302,000. Subsequently, in 2005, from the Consent Decree Library, please which is estimated to be in Plaintiffs entered into an ability-to-pay refer to the referenced case and DOJ approximately 3 years, Shell must settlement with former Site owners and Reference Number and enclose a check design, construct and operate a storm transporters for $13,047,121.50. for $59.25 for the Decree (237 pages water storage facility that provides for This Decree does not select the including Appendices, at 25 cents per the temporary storage of at least 1.34 remedy or determine future uses at the page reproduction costs), made payable million gallons of storm water. The Site. Rather, the settlement provides, in to the United States Treasury or, if by Consent Decree also requires Shell to part, continued funding for the remedy e-mail or fax, forward a check in that pay a $1,025,000 civil penalty to the selected in the 1986 Site Record of amount to the Consent Decree Library at United States. Decision. The Decree also provides the stated address. The Department of Justice will settling parties a Covenant Not to Sue by receive, for a period of thirty (30) days the Plaintiffs pursuant to CERCLA and Ronald G. Gluck, from the date of this publication, Section 7003 of the Resource Assistant Chief, Environmental Enforcement comments relating to the Consent Conservation and Recovery Act (RCRA), Section, Environment and Natural Resources Decree. Comments should be addressed Division. 42 U.S.C. 9673, for all costs and to the Assistant Attorney General, remedial activities at the Site. The State [FR Doc. E9–1147 Filed 1–21–09; 8:45 am] Environment and Natural Resources Plaintiffs similarly provide a Covenant BILLING CODE 4410–15–P Division, and either e-mailed to Not to Sue pursuant to the Spill Act and [email protected] or other authorities. In the event new mailed to P.O. Box 7611, United States DEPARTMENT OF JUSTICE information or conditions are Department of Justice, Washington, DC discovered, the Covenants are subject to Notice of Lodging of Consent Decree 20044–7611, and should refer to United a reopener against parties specified in Under the Clean Water Act States v. Shell Chemical Yabucoa, Inc., the Decree believed to have sent higher D.J. Ref. 90–5–1–1–08400. volumes of waste to the Site. Notice is hereby given that on January The Consent Decree may be examined The Department of Justice will 12, 2009, a proposed Consent Decree at the Office of the United States receive, for a period of thirty (30) days (the ‘‘Consent Decree’’) in United States Attorney, Torre Chardo´n, Room 1201, from the date of this publication, v. Shell Chemical Yabucoa, Inc., Civil 350 Chardo´n Street, San Juan, Puerto comments relating to the proposed Action No. 3:09–cv–1019 was lodged Rico 00918, and at U.S. EPA Region 2, Consent Decree. Comments should be with the United States District Court for Office of Regional Counsel, 290 addressed to the Assistant Attorney the District of Puerto Rico. Broadway, New York, New York 10007– General, Environment and Natural In a complaint, filed simultaneously 1866. During the public comment Resources Division, and either e-mailed with the Decree, the United States period, the Consent Decree may also be to [email protected] or alleges that Shell Chemical Yabucoa, examined on the following Department mailed to United States Department of Inc. (‘‘Shell’’) violated the Clean Water of Justice Web site, http://www.usdoj. Justice, Post Office Box 7611, Act, 33 U.S.C. 1251 et seq. (the ‘‘Act’’) gov/enrd/Consent_Decrees.html. A copy Washington, DC 20044–7611, and at its facility in Yabucoa, Puerto Rico of the Consent Decree may also be should refer to United States v. (‘‘Facility’’) by discharging pollutants in obtained by mail from the Consent Beckman Coulter, Inc., et al., Civil excess of effluent limitations contained Decree Library, P.O. Box 7611, U.S. Action No. 98–CV–4812, and DOJ in its National Pollutant Discharge Department of Justice, Washington, DC Reference No. 90–11–2–1134/1. Elimination System (‘‘NPDES’’) Permit 20044–7611 or by faxing or e-mailing a Commenters may request an No. PR0000400, by discharging effluent request to Tonia Fleetwood opportunity for a public meeting in the from unpermitted discharge points as a ([email protected]), fax no. affected area, in accordance with result of two pipeline ruptures, by (202) 514–0097, phone confirmation Section 7003(d) of RCRA, 42 U.S.C. discharging unauthorized pollutants number (202) 514–1547. In requesting a 6973(d). The proposed Decree may be from a permitted discharge point, by copy from the Consent Decree Library, examined at: (1) The Office of the failing to report violations, and by please enclose a check in the amount of
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$16.00 (25 cents per page reproduction in a previous notice published in the manufacturing activity for cost) payable to the U.S. Treasury or, if Federal Register on September 23, 1975, methylphenidate can be conducted by e-mail or fax, forward a check in that (40 FR 43745–46), all applicants for under drug code 1724 for the same amount to the Consent Decree Library at registration to import a basic class of substance. the stated address. any controlled substances in schedule I No comments or objections have been or II are and will continue to be required received. DEA has considered the Ronald Gluck, to demonstrate to the Deputy Assistant factors in 21 U.S.C. 823(a) and Assistant Chief, Environmental Enforcement Administrator, Office of Diversion determined that the registration of Section, Environment and Natural Resources Noramco Inc. to manufacture the listed Division. Control, Drug Enforcement Administration, that the requirements basic classes of controlled substances is [FR Doc. E9–1155 Filed 1–21–09; 8:45 am] for such registration pursuant to 21 consistent with the public interest at BILLING CODE 4410–15–P U.S.C. 958(a); 21 U.S.C. 823(a); and 21 this time. DEA has investigated CFR 1301.34(b), (c), (d), (e), and (f) are Noramco Inc. to ensure that the satisfied. company’s registration is consistent DEPARTMENT OF JUSTICE with the public interest. The Dated: January 14, 2009. Drug Enforcement Administration investigation has included inspection Joseph T. Rannazzisi, and testing of the company’s physical Deputy Assistant Administrator, Office of Importer of Controlled Substances; security systems, verification of the Diversion Control, Drug Enforcement company’s compliance with state and Notice of Application Administration. local laws, and a review of the Pursuant to 21 U.S.C. 958(i), the [FR Doc. E9–1198 Filed 1–21–09; 8:45 am] company’s background and history. Attorney General shall, prior to issuing BILLING CODE 4410–09–P Therefore, pursuant to 21 U.S.C. 823, a registration under this Section to a and in accordance with 21 CFR 1301.33, bulk manufacturer of a controlled DEPARTMENT OF JUSTICE the above named company is granted substance in schedule I or II, and prior registration as a bulk manufacturer of to issuing a regulation under 21 U.S.C. Drug Enforcement Administration the basic classes of controlled 952(a)(2) authorizing the importation of substances listed. such a substance, provide Manufacturer of Controlled Dated: January 14, 2009. manufacturers holding registrations for Substances; Notice of Registration the bulk manufacture of the substance Joseph T. Rannazzisi, an opportunity for a hearing. By Notice dated October 9, 2008 and Deputy Assistant Administrator, Office of Therefore, in accordance with Title 21 published in the Federal Register on Diversion Control, Drug Enforcement Code of Federal Regulations (CFR), October 17, 2008 (73 FR 61909), Administration. 1301.34(a), this is notice that on Noramco Inc., Division of Ortho McNeil, [FR Doc. E9–1196 Filed 1–21–09; 8:45 am] September 18, 2008, ISP Freetown Fine Inc., 500 Swedes Landing Road, BILLING CODE 4410–09–P Chemicals, 238 South Main Street, Wilmington, Delaware 19801–4417, Assonet, Massachusetts 02702, made made application by renewal to the DEPARTMENT OF JUSTICE application by renewal to the Drug Drug Enforcement Administration Enforcement Administration (DEA) to (DEA) to be registered as a bulk Drug Enforcement Administration be registered as an importer of manufacturer of the basic classes of Phenylacetone (8501), a basic class of controlled substances listed in Manufacturer of Controlled controlled substance listed in schedule schedules I and II: Substances; Notice of Registration II. The company plans to import the Drug Schedule By Notice dated September 8, 2008, Phenylacetone to manufacture and published in the Federal Register Codeine-N-oxide (9053) ...... I on September 15, 2008 (73 FR 53280), Amphetamine. Dihydromorphine (9145) ...... I Any bulk manufacturer who is Chattem Chemicals Inc., 3801 St. Elmo Morphine-N-oxide (9307) ...... I Avenue, Building 18, Chattanooga, presently, or is applying to be, Methylphenidate (1724) ...... II registered with DEA to manufacture Codeine (9050) ...... II Tennessee 37409, made application by such basic class of controlled substance Dihydrocodeine (9120) ...... II renewal to the Drug Enforcement may file comments or objections to the Oxycodone (9143) ...... II Administration (DEA) to be registered as issuance of the proposed registration Hydromorphone (9150) ...... II a bulk manufacturer of the basic classes and may, at the same time, file a written Hydrocodone (9193) ...... II of controlled substances listed in request for a hearing on such Morphine (9300) ...... II schedules I and II: application pursuant to 21 CFR 1301.43 Thebaine (9333) ...... II Opium extracts (9610) ...... II Drug Schedule and in such form as prescribed by 21 Opium fluid extract (9620) ...... II CFR 1316.47. Opium tincture (9630) ...... II 4-Methoxyamphetamine (7411) ... I Any such comments or objections Opium, powdered (9639) ...... II Dihydromorphine (9145) ...... I should be addressed, in quintuplicate, Opium, granulated (9640) ...... II Difenoxin (9168) ...... I to the Drug Enforcement Oxymorphone (9652) ...... II Amphetamine (1100) ...... II Administration, Office of Diversion Methamphetamine (1105) ...... II Control, Federal Register Representative The company plans to bulk Lisdexamfetamine (1205) ...... II (ODL), 8701 Morrissette Drive, manufacture the above listed controlled Methylphenidate (1724) ...... II Springfield, Virginia 22152; and must be substances for sale and distribution to Pentobarbital (2270) ...... II Codeine (9050) ...... II filed no later than February 23, 2009. manufacturers for product development Dihydrocodeine (9120) ...... II This procedure is to be conducted and formulation. Oxycodone (9143) ...... II simultaneously with, and independent Drug code 1726 (methylphenidate) Hydromorphone (9150) ...... II of, the procedures described in 21 CFR has been withdrawn from the Hydrocodone (9193) ...... II 1301.34(b), (c), (d), (e), and (f). As noted application for registration as all Meperidine (9230) ...... II
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Drug Schedule may be obtained from the RegInfo.gov shortages. These indicators of labor Web site at http://www.reginfo.gov/ shortages at the national level greatly Dextropropoxyphene, bulk (non- II public/do/PRAMain or by contacting enhance policy makers’ understanding dosage forms) (9273). Darrin King on 202–693–4129 (this is of imbalances between the demand and Morphine (9300) ...... II not a toll-free number)/e-mail: supply of labor. Presently there is no Oripavine (9330) ...... II _ _ Thebaine (9333) ...... II DOL PRA [email protected]. other economic indicator of labor Oxymorphone (9652) ...... II Interested parties are encouraged to demand with which to assess the Noroxymorphone (9668) ...... II send comments to the Office of presence of labor shortages in the U.S. Alfentanil (9737) ...... II Information and Regulatory Affairs, labor market. The availability of unfilled Reminfentanil (9739) ...... II Attn: OMB Desk Officer for the Bureau jobs is an important measure of Sufentanil (9740) ...... II of Labor Statistics (BLS), Office of tightness of job markets, symmetrical to Fentanyl (9801) ...... II Management and Budget, Room 10235, unemployment measures. For additional Washington, DC 20503, Telephone: information, see related notice The company plans to manufacture 202–395–7316/Fax: 202–395–6974 published at Vol. 73 FR. 62325 on the listed controlled substances in bulk (these are not toll-free numbers), E-mail: October 20, 2008. for distribution to its customers. [email protected] within No comments or objections have been 30 days from the date of this publication Darrin A. King, received. DEA has considered the in the Federal Register. In order to Departmental Clearance Officer. factors in 21 U.S.C. 823(a) and ensure the appropriate consideration, [FR Doc. E9–1207 Filed 1–21–09; 8:45 am] determined that the registration of comments should reference the OMB BILLING CODE 4510–24–P Chattem Chemicals Inc. to manufacture Control Number (see below). the listed basic classes of controlled The OMB is particularly interested in substances is consistent with the public comments which: NATIONAL ARCHIVES AND RECORDS interest at this time. DEA has • Evaluate whether the proposed ADMINISTRATION investigated Chattem Chemicals Inc. to collection of information is necessary ensure that the company’s registration is for the proper performance of the Records Schedules; Availability and consistent with the public interest. The functions of the agency, including Request for Comments investigation has included inspection whether the information will have and testing of the company’s physical AGENCY: National Archives and Records practical utility; Administration (NARA). security systems, verification of the • Evaluate the accuracy of the company’s compliance with state and agency’s estimate of the burden of the ACTION: Notice of availability of local laws, and a review of the proposed collection of information, proposed records schedules; request for company’s background and history. including the validity of the comments. Therefore, pursuant to 21 U.S.C. 823, methodology and assumptions used; SUMMARY: The National Archives and and in accordance with 21 CFR 1301.33, • Enhance the quality, utility, and Records Administration (NARA) the above named company is granted clarity of the information to be publishes notice at least once monthly registration as a bulk manufacturer of collected; and of certain Federal agency requests for the basic classes of controlled • Minimize the burden of the records disposition authority (records substances listed. collection of information on those who schedules). Once approved by NARA, Dated: January 14, 2009. are to respond, including through the records schedules provide mandatory Joseph T. Rannazzisi, use of appropriate automated, instructions on what happens to records Deputy Assistant Administrator, Office of electronic, mechanical, or other when no longer needed for current Diversion Control, Drug Enforcement technological collection techniques or Government business. They authorize Administration. other forms of information technology, the preservation of records of [FR Doc. E9–1199 Filed 1–21–09; 8:45 am] e.g., permitting electronic submission of continuing value in the National BILLING CODE 4410–09–P responses. Archives of the United States and the Agency: Bureau of Labor Statistics. destruction, after a specified period, of Type of Review: Extension without records lacking administrative, legal, change of an existing OMB Control DEPARTMENT OF LABOR research, or other value. Notice is Number. published for records schedules in Office of the Secretary Title of Collection: Job Openings and Labor Turnover Survey (JOLTS). which agencies propose to destroy records not previously authorized for Submission for OMB Review: OMB Control Number: 1220–0170. disposal or reduce the retention period Comment Request Affected Public: Private Sector (Business and other for-profits and Not- of records already authorized for January 14, 2009. for-profit institutions); State, Local, or disposal. NARA invites public The Department of Labor (DOL) Tribal Governments; and Federal comments on such records schedules, as hereby announces the submission of the Government. required by 44 U.S.C. 3303a(a). following public information collection Total Estimated Number of DATES: Requests for copies must be request (ICR) to the Office of Respondents: 11,138. received in writing on or before Management and Budget (OMB) for Total Estimated Annual Burden February 23, 2009. Once the appraisal of review and approval in accordance with Hours: 22,176. the records is completed, NARA will the Paperwork Reduction Act of 1995 Total Estimated Annual Costs Burden: send a copy of the schedule. NARA staff (Pub. L. 104–13, 44 U.S.C. chapter 35). $0. usually prepare appraisal A copy of this ICR, with applicable Description: The Job Openings and memorandums that contain additional supporting documentation; including Labor Turnover Survey (JOLTS) collects information concerning the records among other things a description of the data on job vacancies, labor hires, and covered by a proposed schedule. These, likely respondents, proposed frequency labor separations. The data can be used too, may be requested and will be of response, and estimated total burden as demand-side indicators of labor provided once the appraisal is
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completed. Requesters will be given 30 administrative use by the agency of reporting, agency achievements that days to submit comments. origin, the rights of the Government and contribute to its history, first of a kind ADDRESSES: You may request a copy of of private persons directly affected by or precedent-setting activities, and any records schedule identified in this the Government’s activities, and activities that are the subject of notice by contacting the Life Cycle whether or not they have historical or widespread media attention or Management Division (NWML) using other value. congressional scrutiny. one of the following means: Besides identifying the Federal 4. Department of Justice, Office of Mail: NARA (NWML), 8601 Adelphi agencies and any subdivisions Legislative Affairs (N1–60–08–26, 3 Road, College Park, MD 20740–6001. requesting disposition authority, this items, 2 temporary items). Case files E-mail: [email protected]. public notice lists the organizational relating to officials requiring Senate FAX: 301–837–3698. unit(s) accumulating the records or confirmation whose nominations are Requesters must cite the control indicates agency-wide applicability in withdrawn as well as case files relating number, which appears in parentheses the case of schedules that cover records to individuals nominated for positions after the name of the agency which that may be accumulated throughout an below the level of Assistant Attorney submitted the schedule, and must agency. This notice provides the control General. Proposed for permanent provide a mailing address. Those who number assigned to each schedule, the retention are files relating to individuals desire appraisal reports should so total number of schedule items, and the nominated for positions at the Assistant indicate in their request. number of temporary items (the records Attorney General level and higher. FOR FURTHER INFORMATION CONTACT: proposed for destruction). It also 5. Department of Justice, Bureau of Laurence Brewer, Director, Life Cycle includes a brief description of the Alcohol, Tobacco, Firearms, and Management Division (NWML), temporary records. The records Explosives (N1–436–08–6, 5 items, 3 National Archives and Records schedule itself contains a full temporary items). Records of the Office Administration, 8601 Adelphi Road, description of the records at the file unit of Chief Counsel consisting of attorney College Park, MD 20740–6001. level as well as their disposition. If work papers, files relating to routine Telephone: 301–837–1539. E-mail: NARA staff has prepared an appraisal legal matters, and the case management [email protected]. memorandum for the schedule, it too system. Proposed for permanent includes information about the records. retention are files relating to significant SUPPLEMENTARY INFORMATION: Each year Further information about the Federal agencies create billions of legal matters and the Chief Counsel disposition process is available on Document System. records on paper, film, magnetic tape, request. and other media. To control this 6. Department of Justice, Federal accumulation, agency records managers Schedules Pending Bureau of Investigation (N1–65–07–4, 8 prepare schedules proposing retention 1. Department of Defense, Defense items, 7 temporary items). Training periods for records and submit these Finance and Accounting Service (N1– records of the Training and schedules for NARA’s approval, using 507–09–1, 1 item, 1 temporary item). Development Division and individual the Standard Form (SF) 115, Request for Master files of an electronic information units throughout the Bureau consisting Records Disposition Authority. These system containing data concerning of recorded exercises, homework schedules provide for the timely transfer agency employees, contractors, assets, exercises, logbooks of completed into the National Archives of and other information needed for probationary assignments, dismissal historically valuable records and potential disaster response and packages, advanced law enforcement authorize the disposal of all other recovery. training for non-FBI law enforcement records after the agency no longer needs 2. Department of the Interior, National officials, and general training records for them to conduct its business. Some Park Service (N1–79–08–5, 4 items, 2 non-law enforcement training. Proposed schedules are comprehensive and cover temporary items). Records relating to for permanent retention are training all the records of an agency or one of its interpretation and education programs policy files. Not included in this major subdivisions. Most schedules, that do not meet the criteria for schedule are records documenting the however, cover records of only one permanent retention specified in the training curriculum and training office or program or a few series of schedule. Proposed for permanent program for new and experienced records. Many of these update retention are records that document agents. previously approved schedules, and planning and development of 7. Department of the Navy, Naval some include records proposed as interpretation and education policies, Criminal Investigative Service (N1–NU– permanent. programs and activities, and final work 09–3, 1 item, 1 temporary item). The schedules listed in this notice are products such as publications, Background investigations on applicants media neutral unless specified presentations, exhibit scripts, audio- for positions as special agents. These otherwise. An item in a schedule is visual materials, studies, lesson plans records were previously approved for media neutral when the disposition and curricula. disposal. instructions may be applied to records 3. Department of the Interior, National 8. Department of State, Bureau of regardless of the medium in which the Park Service (N1–79–08–9, 5 items, 4 Diplomatic Security (N1–59–08–18, 10 records are created and maintained. temporary items). Records relating to items, 7 temporary items). Records of Items included in schedules submitted management and accountability the Personnel Security/Suitability to NARA on or after December 17, 2007, activities that do not meet the criteria Division, including the master files of a are media neutral unless the item is for permanent retention specified in the security clearance database and limited to a specific medium. (See 36 schedule. Proposed for permanent contractors’ payment records. Proposed CFR 1228.24(b)(3).) retention are records that document for permanent retention are master files No Federal records are authorized for agency direction including the creation from the security clearance database destruction without the approval of the of policy and procedures, that cover high-level officials and other Archivist of the United States. This documentation of social issues affecting cases that are historically significant approval is granted only after a agency services, creation of the annual and records related to program thorough consideration of their budget, strategic planning, annual management and policy development.
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9. Department of State, Overseas risk exposure analysis and reporting STATUS: Open. Building Operations (N1–59–09–5, 31 system used to create rate risk reports. MATTERS TO BE CONSIDERED: items, 31 temporary items). Records 13. Environmental Protection Agency, 1. Final Rule—Section 740.4 of relating to the construction and Agency-wide (N1–412–07–62, 7 items, 7 NCUA’s Rules and Regulations, maintenance of overseas facilities, temporary items). Appointee clearance Requirements for the Official Sign. including policy and procedures files, and vetting files, Intergovernmental 2. Public Notice—Central Liquidity trip reports, Inspector General records, Personnel Act assignment files, Facility. budget files, roof drawings, facility personnel files of Public Health Service 3. Insurance Fund Report. evaluations, reports relating to asbestos, personnel temporarily assigned to the RECESS: 11 a.m. and other records relating to agency, and other non-mission related TIME AND DATE: 11:15 a.m., Thursday, maintenance activities. files. Paper copies of these files were January 22, 2009. 10. Department of Transportation, previously approved for disposal. PLACE: Board Room, 7th Floor, Room Federal Highway Administration (N1– 14. Environmental Protection Agency, 7047, 1775 Duke Street, Alexandria, VA 406–08–2, 16 items, 14 temporary Agency-wide (N1–412–07–63, 6 items, 6 22314–3428. items). Records of the Office of Safety, temporary items). Safety standards files, STATUS: Closed. including administrative files, budget property safety inspections, protective files, cooperative agreement files, and preventive measures report files, MATTERS TO BE CONSIDERED: evaluation reports received from states, and industrial hygiene files, including 1. Appeal under section 701.14 and general correspondence, working employee exposure records and asbestos Part 747, Subpart J of NCUA’s Rules and papers, accident files, drafts of monitoring records. Paper copies of Regulations. Closed pursuant to proposals, research files, and training these files were previously approved for Exemptions (6) and (8). course files. Proposed for permanent disposal. 2. Personnel. Closed Pursuant to retention are interpretations of 15. Environmental Protection Agency, Exemption (2). regulations and roadside hardware Agency-wide (N1–412–07–64, 4 items, 4 FOR FURTHER INFORMATION CONTACT: acceptance letters. temporary items). Procurement and Mary Rupp, Secretary of the Board, 11. Department of Transportation, grant records, including administrative Telephone: 703–518–6304 Surface Transportation Board (N1–134– reports and data relating to procurement Mary Rupp, 08–1, 59 items, 41 temporary items). operations, deviation requests, and Board Secretary. Records of the Surface Transportation recipient and contractor debarment and [FR Doc. E9–1312 Filed 1–16–09; 11:15 am] Board, including news clippings, non- suspension records. Paper copies of significant ex parte dockets, service these files were previously approved for BILLING CODE 7535–01–P docket files, reference files, working disposal. papers, reports review correspondence, 16. Environmental Protection Agency, carrier report publications, rate Agency-wide (N1–412–07–65, 12 items, NUCLEAR REGULATORY adjustment files, cost studies, docket 12 temporary items). Facilities and COMMISSION working files, internal correspondence support services records, including Sunshine Federal Register Notice files, legislative files, congressional guard service performance records, correspondence, decision reference personal property records, motor AGENCY HOLDING THE MEETINGS: files, hearing files, court files, project Nuclear vehicle leases, real estate project Regulatory Commission. files, environmental assessments and requests, real property records, and impact statements, diagram maps, DATES: Weeks of January 19, 26, surplus real property case files. Paper February 2, 9, 16, 23, 2009 abandonment submissions, Federal copies of these files were previously PLACE: Commissioners’ Conference Register citation files, designated agents approved for disposal. Room, 11555 Rockville Pike, Rockville, files, court cases index file, practitioner 17. Railroad Retirement Board, Office Maryland. files, fees refund files, recordation files, of Administration (N1–184–08–2, 2 rate bureau agreements, and official items, 2 temporary items). STATUS: Public and Closed. tariff files. Proposed for permanent Administrative records relating to the Week of January 19, 2009 retention are such records as Board agency’s participation in the Combined There are no meetings scheduled for conference tapes, significant ex parte Federal Campaign. dockets, formal rail dockets, formal the week of January 19, 2009. Dated: January 15, 2009. water carrier dockets, board member Week of January 26, 2009—Tentative speeches, General Counsel’s numbered Michael J. Kurtz, memoranda, reports and studies, Assistant Archivist for Records Services— There are no meetings scheduled for clearances for docketed and undocketed Washington, DC. the week of January 26, 2009. proceedings, background files for [FR Doc. E9–1374 Filed 1–21–09; 8:45 am] Week of February 2, 2009—Tentative docketed and undocketed proceedings, BILLING CODE 7515–01–P carrier annual reports, waybill public Wednesday, February 4, 2009 use files and documentation, and public 1:30 p.m. Briefing on Risk-Informed, dockets. NATIONAL CREDIT UNION Performance-Based Regulation 12. Department of the Treasury, Office ADMINISTRATION (Public Meeting) of Thrift Supervision (N1–483–08–2, 11 (Contact: Gary Demoss, 301–251– items, 10 temporary items). Electronic Sunshine Act; Notice of Agency 7584). information systems used in connection Meeting This meeting will be webcast live at with financial, budgetary, and billing the Web address—www.nrc.gov activities. Also included are Web site TIME AND DATE: 10 a.m., Thursday, and intranet records and electronic January 22, 2009. Thursday, February 5, 2009 systems that support examination, PLACE: Board Room, 7th Floor, Room 9:30 a.m. Briefing on Uranium supervision, and compliance activities. 7047, 1775 Duke Street, Alexandria, VA Enrichment—Part 1 (Public Proposed for permanent retention is a 22314–3428. Meeting).
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1:30 p.m. Briefing on Uranium January 15, 2009. 1090; Applicants, c/o Renee M. Hardt, Enrichment—Part 2 (Public Rochelle C. Bavol, Vedder Price P.C., 222 N. LaSalle Street, Meeting). Office of the Secretary. Chicago, IL 60601. (Contact for both parts: Brian Smith, [FR Doc. E9–1370 Filed 1–16–09; 11:15 am] FOR FURTHER INFORMATION CONTACT: 301–492–3137) BILLING CODE 7590–01–P Keith A. Gregory, Senior Counsel, at (202) 551–6815, or Mary Kay Frech, Both parts of this meeting will be Branch Chief, at (202) 551–6821 (Office webcast live at the Web address— of Investment Company Regulation, www.nrc.gov SECURITIES AND EXCHANGE COMMISSION Division of Investment Management). 3 p.m. Briefing on Uranium SUPPLEMENTARY INFORMATION: The Enrichment (Closed—Ex. 1). [Investment Company Act Release No. 28581; 812–13523] following is a summary of the Week of February 9, 2009—Tentative application. The complete application Allstate Financial Investment Trust, et may be obtained for a fee at the There are no meetings scheduled for al.; Notice of Application Commission’s Public Reference Room, the week of February 9, 2009. 100 F Street, NE., Washington, DC January 12, 2009. 20549–1520 (telephone (202) 551–5850). Week of February 16, 2009—Tentative AGENCY: Securities and Exchange Applicants’ Representations There are no meetings scheduled for Commission (‘‘Commission’’). the week of February 16, 2009. ACTION: Notice of application for an 1. The Trust, a Delaware statutory order under section 12(d)(1)(J) of the trust, is registered under the Act as an Week of February 23, 2009—Tentative Investment Company Act of 1940 open-end management investment (‘‘Act’’) for an exemption from sections company. The Trust is a series trust There are no meetings scheduled for 12(d)(1)(A) and (B) of the Act, and which currently offers eight series, each the week of February 23, 2009. under sections 6(c) and 17(b) of the Act of which has its own investment * * * * * for an exemption from section 17(a) of objectives and policies (‘‘Funds’’).1 *The schedule for Commission the Act. 2. The Adviser, a Delaware limited meetings is subject to change on short liability company, is registered as an notice. To verify the status of meetings, Summary of the Application: investment adviser under the call (recording)—(301) 415–1292. Applicants request an order that would Investment Advisers Act of 1940 (the Contact person for more information: permit certain registered open-end ‘‘Advisers Act’’) and serves as Rochelle Bavol, (301) 415–1651. management investment companies to investment adviser to the Funds. The acquire shares of other registered open- Adviser is a wholly-owned subsidiary of * * * * * end management investment companies Allstate Life Insurance Company, which The NRC Commission Meeting and unit investment trusts that are is an indirect, wholly-owned subsidiary Schedule can be found on the Internet within and outside the same group of of The Allstate Corporation. The at: www.nrc.gov/about-nrc/policy- investment companies. Adviser currently employs making/schedule.html Applicants: Allstate Financial AllianceBerstein L.P. to manage the * * * * * Investment Trust (‘‘Trust’’) and Allstate Funds of Funds (as defined below) and Institutional Advisers, LLC (‘‘Adviser’’). Allstate Investment Management The NRC provides reasonable Filing Dates: The application was Company (‘‘AIMCO’’), an affiliate of the accommodation to individuals with filed on April 18, 2008 and amended on Adviser, to manage the Allstate Large disabilities where appropriate. If you October 14, 2008. Applicants have Cap Index, a Fund of the Trust. need a reasonable accommodation to agreed to file an amendment during the AllianceBernstein L.P. and AIMCO are, participate in these public meetings, or notice period, the substance of which is and any future subadviser will be, need this meeting notice or the reflected in this notice. registered under the Advisers Act. transcript or other information from the Hearing or Notification of Hearing: An 3. Applicants request relief to permit: public meetings in another format (e.g., order granting the application will be (a) A Fund (each a ‘‘Fund of Funds’’) to braille, large print), please notify the issued unless the Commission orders a acquire shares of registered open-end NRC’s Disability Program Coordinator, hearing. Interested persons may request management investment companies (the Rohn Brown, at 301–492–2279, TDD: a hearing by writing to the ‘‘Unaffiliated Investment Companies’’) 301–415–2100, or by e-mail at Commission’s Secretary and serving and unit investment trusts (‘‘UITs’’) that [email protected]. Determinations on applicants with a copy of the request, are not part of the ‘‘same group of requests for reasonable accommodation personally or by mail. Hearing requests investment companies’’ (as defined in will be made on a case-by-case basis. should be received by the Commission section 12(d)(1)(G)(ii) of the Act) as the * * * * * by 5:30 p.m. on February 6, 2009, and Fund of Funds (‘‘Unaffiliated Trusts,’’ This notice is distributed by mail to should be accompanied by proof of several hundred subscribers; if you no service on applicants in the form of an 1 Applicants request that the order extend to any affidavit or, for lawyers, a certificate of future series of the Trust, and any other existing or longer wish to receive it, or would like future registered open-end management investment to be added to the distribution, please service. Hearing requests should state companies and their series that are part of the same contact the Office of the Secretary, the nature of the writer’s interest, the group of investment companies, as defined in Washington, DC 20555 (301–415–1969). reason for the request, and the issues section 12(d)(1)(G)(ii) of the Act, as the Trust and contested. Persons who wish to be are, or may in the future be, advised by the Adviser In addition, distribution of this meeting or any other investment adviser controlling, notice over the Internet system is notified of a hearing may request controlled by, or under common control with the available. If you are interested in notification by writing to the Adviser (included in the term, ‘‘Funds’’). The Trust receiving this Commission meeting Commission’s Secretary. is the only registered investment company that ADDRESSES: currently intends to rely on the requested order. schedule electronically, please send an Secretary, U.S. Securities Any other entity that relies on the order in the electronic message to and Exchange Commission, 100 F future will comply with the terms and conditions [email protected]. Street, NE, Washington, DC 20549– of the application.
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together with the Unaffiliated interest and the protection of investors. controlling, controlled by, or under Investment Companies, the Applicants seek an exemption under common control with any of those ‘‘Unaffiliated Funds’’); (b) the section 12(d)(1)(J) of the Act to permit entities (each, a ‘‘Fund of Funds Unaffiliated Funds, their principal the Funds of Funds to acquire shares of Affiliate’’) from taking advantage of an underwriters and any broker or dealer the Underlying Funds in excess of the Unaffiliated Fund with respect to registered under the Securities limits set forth in section 12(d)(1)(A) of transactions between a Fund of Funds Exchange Act of 1934 (‘‘Broker’’) to sell the Act and to permit the Underlying or a Fund of Funds Affiliate and the shares of the Unaffiliated Funds to the Funds, their principal underwriters and Unaffiliated Fund or its investment Fund of Funds; (c) the Fund of Funds any Broker to sell shares of the adviser(s), sponsor, promoter and to acquire shares of Allstate Large Cap Underlying Funds to the Funds of principal underwriter and any person Index Fund and other Funds in the Funds in excess of the limits set forth controlling, controlled by or under ‘‘same group of investment companies’’ in section 12(d)(1)(B) of the Act. common control with any of those (as defined in section 12(d)(1)(G)(ii) of 3. Applicants state that the proposed entities (each, an ‘‘Unaffiliated Fund the Act) as the Fund of Funds arrangement will not give rise to the Affiliate’’). No Fund of Funds or Fund (collectively, the ‘‘Affiliated Funds,’’ policy concerns underlying sections of Funds Affiliate (except to the extent and together with the Unaffiliated 12(d)(1)(A) and (B), which include it is acting in its capacity as an Funds, the ‘‘Underlying Funds’’); and concerns about undue influence by a investment adviser to an Unaffiliated (d) the Affiliated Funds, their principal fund of funds or its affiliated persons Investment Company or sponsor to an underwriters and any Broker to sell over underlying funds, excessive Unaffiliated Trust) will cause an shares of the Affiliated Funds to the layering of fees, and overly complex Unaffiliated Fund to purchase a security Fund of Funds. Certain of the fund structures. Accordingly, applicants in an offering of securities during the Unaffiliated Funds may be registered believe that the requested exemption is existence of any underwriting or selling under the Act as either UITs or open- consistent with the public interest and syndicate of which a principal end management investment companies the protection of investors. underwriter is an officer, director, and have obtained exemptions from the 4. Applicants state that the proposed trustee, advisory board member, Commission necessary to permit their arrangement will not result in undue investment adviser, Sub-Adviser, or shares to be listed and traded on a influence by a Fund of Funds or its employee of the Fund of Funds, or a national securities exchange at affiliated persons over the Underlying person of which any such officer, negotiated prices (‘‘ETFs’’). Each Fund Funds. The concern about undue director, trustee, investment adviser, of Funds also may invest in other influence does not arise in connection Sub-Adviser, member of an advisory securities and financial instruments that with a Fund of Funds’ investment in the board, or employee is an affiliated Affiliated Funds, since they are part of are not issued by registered investment person (each, an ‘‘Underwriting the same group of investment companies and are consistent with its Affiliate,’’ except any person whose companies. To limit the control that a investment objective and restrictions. relationship to the Unaffiliated Fund is Fund of Funds or its affiliated persons covered by section 10(f) of the Act is not Applicants’ Legal Analysis may have over an Unaffiliated Fund, an Underwriting Affiliate). An offering applicants submit that: (a) The Adviser A. Section 12(d)(1) of securities during the existence of any and any person controlling, controlled underwriting or selling syndicate of 1. Section 12(d)(1)(A) of the Act by or under common control with the which a principal underwriter is an prohibits a registered investment Adviser, any investment company and Underwriting Affiliate is an ‘‘Affiliated company from acquiring shares of an any issuer that would be an investment Underwriting.’’ investment company if the securities company but for section 3(c)(1) or 6. To further assure that an represent more than 3% of the total section 3(c)(7) of the Act advised or Unaffiliated Investment Company outstanding voting stock of the acquired sponsored by the Adviser or any person understands the implications of an company, more than 5% of the total controlling, controlled by or under investment by a Fund of Funds under assets of the acquiring company, or, common control with the Adviser the requested order, prior to a Fund of together with the securities of any other (collectively, the ‘‘Group’’), and (b) any Funds’ investment in the shares of an investment companies, more than 10% investment adviser within the meaning Unaffiliated Investment Company in of the total assets of the acquiring of section 2(a)(20)(B) of the Act to a excess of the limit in section company. Section 12(d)(1)(B) of the Act Fund of Funds (‘‘Sub-Adviser’’) and any 12(d)(1)(A)(i) of the Act, a Fund of prohibits a registered open-end person controlling, controlled by or Funds and the Unaffiliated Investment investment company, its principal under common control with the Sub- Company will execute an agreement underwriter and any broker or dealer Adviser, and any investment company stating, without limitation, that their from selling the shares of the investment or issuer that would be an investment boards of directors or trustees company to another investment company but for section 3(c)(1) or (‘‘Boards’’) and their investment company if the sale will cause the 3(c)(7) of the Act (or portion of such advisers understand the terms and acquiring company to own more than investment company or issuer) advised conditions of the order and agree to 3% of the acquired company’s voting by the Sub-Adviser or any person fulfill their responsibilities under the stock, or if the sale will cause more than controlling, controlled by or under order (‘‘Participation Agreement’’). 10% of the acquired company’s voting common control with the Sub-Adviser Applicants note that an Unaffiliated stock to be owned by investment (collectively, the ‘‘Sub-Adviser Group’’) Fund (other than an ETF whose shares companies generally. will not control (individually or in the are purchased by a Fund of Funds in the 2. Section 12(d)(1)(J) of the Act aggregate) an Unaffiliated Fund within secondary market) will retain its right at provides that the Commission may the meaning of section 2(a)(9) of the Act. all times to reject any investment by a exempt any person, security, or 5. Applicants further state that Fund of Funds.2 transaction, or any class or classes of condition 2 below precludes a Fund of persons, securities or transactions, from Funds or the Adviser, any Sub-Adviser, 2 An Unaffiliated Fund, including an ETF, would any provision of section 12(d)(1) if the promoter or principal underwriter of a retain its right to reject any initial investment by a exemption is consistent with the public Fund of Funds, and any person Continued
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7. Applicants do not believe that the holding with power to vote, 5% or more that the proposed transactions will be proposed arrangement will involve of the outstanding voting securities of consistent with the policies of each excessive layering of fees. The Board of the other person; (b) any person 5% or Fund of Funds and Underlying Fund, each Fund of Funds, including a more of whose outstanding voting and with the general purposes of the majority of the trustees who are not securities are directly or indirectly Act. owned, controlled, or held with power ‘‘interested persons,’’ as defined in Applicants’ Conditions section 2(a)(19) of the Act to vote by the other person; and (c) any (‘‘Independent Trustees’’) will find that person directly or indirectly controlling, Applicants agree that the order the advisory fees charged under the controlled by, or under common control granting the requested relief shall be advisory contract are based on services with the other person. Applicants state subject to the following conditions: provided that are in addition to, rather that the Funds of Funds and the 1. The members of the Group will not than duplicative of, services provided Affiliated Funds may be deemed to be control (individually or in the aggregate) pursuant to any Underlying Fund’s under common control of the Adviser an Unaffiliated Fund within the advisory contract(s). Applicants further and therefore affiliated persons of one meaning of section 2(a)(9) of the Act. state that the Adviser will waive fees another. Applicants also state that a The members of a Sub-Adviser Group otherwise payable to it by a Fund of Fund of Funds and the Underlying will not control (individually or in the Funds in an amount at least equal to any Funds may be deemed to be affiliated aggregate) an Unaffiliated Fund within compensation (including fees received persons of each other if a Fund of Funds the meaning of section 2(a)(9) of the Act. pursuant to any plan adopted by an acquires 5% or more of an Underlying If, as a result of a decrease in the Unaffiliated Investment Company Fund’s outstanding voting securities. In outstanding voting securities of an pursuant to rule 12b–1 under the Act) light of these possible affiliations, Unaffiliated Fund, the Group or a Sub- received from an Unaffiliated Fund by section 17(a) could prevent an Adviser Group, each in the aggregate, becomes a holder of more than 25% of the Adviser, or an affiliated person of Underlying Fund from selling shares to the outstanding voting securities of the the Adviser, other than any advisory and redeeming shares from a Fund of 3 Unaffiliated Fund, then the Group or the fees paid to the Adviser or an affiliated Funds. Sub-Adviser Group will vote its shares person of the Adviser by the 2. Section 17(b) of the Act authorizes of the Unaffiliated Fund in the same Unaffiliated Investment Company, in the Commission to grant an order proportion as the vote of all other connection with the investment by the permitting a transaction otherwise holders of the Unaffiliated Fund’s Fund of Funds in the Unaffiliated Fund. prohibited by section 17(a) if it finds 8. Applicants state that any sales that (a) the terms of the proposed shares. This condition will not apply to a Sub-Adviser Group with respect to an charges and/or service fees charged with transaction are fair and reasonable and Unaffiliated Fund for which the Sub- respect to shares of a Fund of Funds do not involve overreaching on the part Adviser or a person controlling, will not exceed the limits applicable to of any person concerned; (b) the controlled by, or under common control funds of funds set forth in Rule 2830 of proposed transaction is consistent with with the Sub-Adviser acts as the the Conduct Rules of the NASD. the policies of each registered 9. Applicants state that the proposed investment company involved; and (c) investment adviser within the meaning arrangement will not create an overly the proposed transaction is consistent section 2(a)(20)(A) of the Act (in the complex fund structure. Applicants note with the general purposes of the Act. case of an Unaffiliated Investment Company) or as the sponsor (in the case that an Underlying Fund will be Section 6(c) of the Act permits the of an Unaffiliated Trust. prohibited from acquiring securities of Commission to exempt any person or 2. No Fund of Funds or Fund of any investment company or company transactions from any provision of the Act if such exemption is necessary or Funds Affiliate will cause any existing relying on section 3(c)(1) or 3(c)(7) of or potential investment by the Fund of the Act in excess of the limits contained appropriate in the public interest and consistent with the protection of Funds in an Unaffiliated Fund to in section 12(d)(1)(A) of the Act, except influence the terms of any services or in certain circumstances identified in investors and the purposes fairly intended by the policy and provisions of transactions between the Fund of Funds condition 12 below. Applicants also or a Fund of Funds Affiliate and the represent that a Fund of Funds’ the Act. 3. Applicants submit that the Unaffiliated Fund or an Unaffiliated prospectus and sales literature will Fund Affiliate. contain concise, ‘‘plain English’’ proposed transactions satisfy the requirements for relief under sections 3. The Board of each Fund of Funds, disclosure designed to inform investors including a majority of the Independent about the unique characteristics of the 17(b) and 6(c) of the Act as the terms are fair and reasonable and do not involve Trustees, will adopt procedures proposed arrangement, including, but reasonably designed to assure that its not limited to, the expense structure and overreaching. Applicants state that the terms upon which an Underlying Fund Adviser and any Sub-Adviser to the the additional expenses of investing in Fund of Funds are conducting the Underlying Funds. will sell its shares to or purchase its shares from a Fund of Funds will be investment program of the Fund of B. Section 17(a) based on the net asset value of each Funds without taking into account any Underlying Fund.4 Applicants also state consideration received by the Fund of 1. Section 17(a) of the Act generally Funds or Fund of Funds Affiliate from prohibits sales or purchases of securities 3 an Unaffiliated Fund or an Unaffiliated between a registered investment Applicants acknowledge that receipt of any compensation by (a) an affiliated person of a Fund company and any affiliated persons of of Funds, or an affiliated person of such person, for Fund that operates as an ETF through secondary the company. Section 2(a)(3) of the Act the purchase by the Fund of Funds of shares of an market transactions rather than through principal defines an ‘‘affiliated person’’ of another Underlying Fund or (b) an affiliated person of an transactions with the Unaffiliated Fund. To the person to include (a) any person directly Underlying Fund, or an affiliated person of such extent that a Fund of Funds purchases or redeems person, for the sale by the Underlying Fund of its shares from an ETF that is an affiliated person of or indirectly owning, controlling, or shares to a Fund of Funds may be prohibited by the Fund of Funds in exchange for a basket of section 17(e) of the Act. The Participation specified securities as described in the application Fund of Funds in excess of limit in section Agreement also will include this acknowledgement. for the exemptive order upon which the ETF relies, 12(d)(1)(A)(i) of the Act by declining to execute the 4 Applicants note that a Fund of Funds generally applicants also request relief from section 17(a) for Participation Agreement with the Fund of Funds. would purchase and sell shares of an Unaffiliated those transactions.
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Fund Affiliate in connection with any comparable securities purchased during Investment Company of any changes to services or transactions. a comparable period of time in the list as soon as reasonably practicable 4. Once an investment by a Fund of underwritings other than Affiliated after a change occurs. The Unaffiliated Funds in the securities of an Underwritings or to a benchmark such Investment Company and the Fund of Unaffiliated Investment Company as a comparable market index; and (c) Funds will maintain and preserve a exceeds the limit of section whether the amount of securities copy of the order, the Participation 12(d)(1)(A)(i) of the Act, the Board of purchased by the Unaffiliated Agreement, and the list with any the Unaffiliated Investment Company, Investment Company in Affiliated updated information for the duration of including a majority of the Independent Underwritings and the amount the investment and for a period of not Trustees, will determine that any purchased directly from an less than six years thereafter, the first consideration paid by the Unaffiliated Underwriting Affiliate have changed two years in an easily accessible place. Investment Company to a Fund of significantly from prior years. The 9. Before approving any advisory Funds or a Fund of Funds Affiliate in Board of the Unaffiliated Investment contract under section 15 of the Act, the connection with any services or Company will take any appropriate Board of each Fund of Funds, including transactions: (a) Is fair and reasonable in actions based on its review, including, a majority of the Independent Trustees, relation to the nature and quality of the if appropriate, the institution of shall find that the advisory fees charged services and benefits received by the procedures designed to assure that under the advisory contract are based on Unaffiliated Investment Company; (b) is purchases of securities in Affiliated services provided that are in addition to, within the range of consideration that Underwritings are in the best interests rather than duplicative of, services the Unaffiliated Investment Company of shareholders. provided under the advisory contract(s) would be required to pay to another 7. Each Unaffiliated Investment of any Underlying Fund in which the unaffiliated entity in connection with Company will maintain and preserve Fund of Funds may invest. Such the same services or transactions; and permanently in an easily accessible finding, and the basis upon which the (c) does not involve overreaching on the place a written copy of the procedures finding was made, will be recorded fully part of any person concerned. This described in the preceding condition, in the minute books of the appropriate condition does not apply with respect to and any modifications to such Fund of Funds. any services or transactions between an procedures, and will maintain and 10. The Adviser will waive fees Unaffiliated Investment Company and preserve for a period of not less than six otherwise payable to it by a Fund of its investment adviser(s), or any person years from the end of the fiscal year in Funds in an amount at least equal to any controlling, controlled by, or under which any purchase from an Affiliated compensation (including fees received common control with such investment Underwriting occurred, the first two pursuant to any plan adopted by an adviser(s). years in an easily accessible place, a Unaffiliated Investment Company 5. No Fund of Funds or Fund of written record of each purchase of pursuant to rule 12b–1 under the Act) Funds Affiliate (except to the extent it securities in an Affiliated Underwriting received from an Unaffiliated Fund by is acting in its capacity as an investment once an investment by a Fund of Funds the Adviser, or an affiliated person of adviser to an Unaffiliated Investment in the securities of an Unaffiliated the Adviser, other than any advisory Company or sponsor to an Unaffiliated Investment Company exceeds the limit fees paid to the Adviser or its affiliated Trust) will cause an Unaffiliated Fund of section 12(d)(1)(A)(i) of the Act, person by the Unaffiliated Investment to purchase a security in any Affiliated setting forth the (a) party from whom Company, in connection with the Underwriting. the securities were acquired, (b) identity investment by the Fund of Funds in the 6. The Board of an Unaffiliated of the underwriting syndicate’s Unaffiliated Fund. Any Sub-Adviser Investment Company, including a members, (c) terms of the purchase, and will waive fees otherwise payable to the majority of the Independent Trustees, (d) the information or materials upon Sub-Adviser, directly or indirectly, by will adopt procedures reasonably which the determinations of the Board the Fund of Funds in an amount at least designed to monitor any purchases of of the Unaffiliated Investment Company equal to any compensation received by securities by the Unaffiliated Investment were made. the Sub-Adviser, or an affiliated person Company in an Affiliated Underwriting 8. Prior to its investment in shares of of the Sub-Adviser, from an Unaffiliated once an investment by a Fund of Funds an Unaffiliated Investment Company in Fund, other than any advisory fees paid in the securities of the Unaffiliated excess of the limit in section to the Sub-Adviser or its affiliated Investment Company exceeds the limit 12(d)(1)(A)(i) of the Act, the Fund of person by the Unaffiliated Investment of section 12(d)(1)(A)(i) of the Act, Funds and the Unaffiliated Investment Company, in connection with the including any purchases made directly Company will execute a Participation investment by the Fund of Funds in the from an Underwriting Affiliate. The Agreement stating, without limitation, Unaffiliated Fund made at the direction Board of the Unaffiliated Investment that their Boards and their investment of the Sub-Adviser. In the event that the Company will review these procedures advisers understand the terms and Sub-Adviser waives fees, the benefit of periodically, but no less frequently than conditions of the order and agree to the waiver will be passed through to the annually, to determine whether the fulfill their responsibilities under the Fund of Funds. purchases were influenced by the order. At the time of its investment in 11. Any sales charges and/or service investment by the Fund of Funds in the shares of an Unaffiliated Investment fees charged with respect to shares of a Unaffiliated Investment Company. The Company in excess of the limit in Fund of Funds will not exceed the Board of the Unaffiliated Investment section 12(d)(1)(A)(i), a Fund of Funds limits applicable to funds of funds set Company will consider, among other will notify the Unaffiliated Investment forth in NASD Conduct Rule 2830. things: (a) Whether the purchases were Company of the investment. At such 12. No Underlying Fund will acquire consistent with the investment time, the Fund of Funds will also securities of any other investment objectives and policies of the transmit to the Unaffiliated Investment company or company relying on section Unaffiliated Investment Company; (b) Company a list of the names of each 3(c)(1) or 3(c)(7) of the Act, in excess of how the performance of securities Fund of Funds Affiliate and the limits contained in section purchased in an Affiliated Underwriting Underwriting Affiliate. The Fund of 12(d)(1)(A) of the Act, except to the compares to the performance of Funds will notify the Unaffiliated extent that such Underlying Fund: (a)
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receives securities of another Dated: January 15, 2009. to trade, ISE proposes to appoint investment company as a dividend or as Florence E. Harmon, Competitive Market Makers (‘‘CMMs’’) a result of a plan of reorganization of a Deputy Secretary. that meet certain qualifications as company (other than a plan devised for [FR Doc. E9–1241 Filed 1–21–09; 8:45 am] Alternative PMMs when none of the 5 the purpose of evading section 12(d)(1) BILLING CODE 8011–01–P PMMs want an allocation. of the Act); or (b) acquires (or is deemed Under the proposal, if no PMMs or to have acquired) securities of another Second Market PMMs (as applicable) investment company pursuant to SECURITIES AND EXCHANGE want the allocation, the Alternative exemptive relief from the Commission COMMISSION PMMs would be offered the opportunity permitting such Underlying Fund to: (i) to serve as PMM in the options class in Acquire securities of one or more [Release No. 34–59250; File No. SR–ISE– accordance with the Exchange’s regular 2008–90] investment companies for short-term allocation procedures. Once appointed cash management purposes, or (ii) Self-Regulatory Organizations; to an options class, the Alternative engage in interfund borrowing and International Securities Exchange, PMM would have all of the lending transactions. LLC; Order Approving Proposed Rule responsibilities and privileges of a PMM For the Commission, by the Division of Change Relating to Alternative Primary under the ISE Rules with respect to all 6 Investment Management, pursuant to Market Makers appointed options classes. If an delegated authority. Alternative PMM ceases trading of an Florence E. Harmon, January 14, 2009. options class, that options class will be reallocated by the Exchange. An Deputy Secretary. I. Introduction Alternative PMM will not have any [FR Doc. E9–1083 Filed 1–21–09; 8:45 am] On November 21, 2008, the transferable rights in options classes to BILLING CODE 8011–01–P International Securities Exchange, LLC which it is appointed nor will it have (‘‘ISE’’ or ‘‘Exchange’’) filed with the any PMM voting rights. Securities and Exchange Commission SECURITIES AND EXCHANGE III. Discussion and Commission COMMISSION (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act Findings Sunshine Act Meeting of 1934 (the ‘‘Act’’),1 and Rule 19b–4 After careful review, the Commission thereunder,2 a proposed rule change finds that the proposed rule change is FEDERAL REGISTER CITATION OF PREVIOUS relating to the introduction of consistent with the requirements of the ANNOUNCEMENT: [74 FR 1734, January Alternative Primary Market Makers Act and the rules and regulations 13, 2009]. (‘‘Alternative PMMs’’) on the Exchange. thereunder applicable to a national The proposed rule change was securities exchange.7 In particular, the STATUS: Closed Meeting. published for comment in the Federal Commission finds that the proposal is 3 PLACE: 100 F Street, NE., Washington, Register on December 15, 2008. The consistent with Section 6(b)(5) of the DC. Commission received no comments on Act,8 which requires that an exchange the proposal. This order approves the have rules designed to promote just and DATE AND TIME OF PREVIOUSLY ANNOUNCED proposed rule change. equitable principles of trade, to remove MEETING: Thursday, January 15, 2009 at impediments to and perfect the 1 p.m. II. Description of the Proposal mechanism of a free and open market CHANGE IN THE MEETING: Additional The Exchange proposes to amend ISE and a national market system, and, in Item. Rule 802 to provide for Alternative general, to protect investors and the PMMs. Currently, when the ISE lists The following item has been added to public interest. new options classes, it allocates them to The Commission believes that the the Thursday, January 15, 2009 Closed one of its Primary Market Makers proposed rule change, which is Meeting agenda: (‘‘PMMs’’) under ISE Rule 802. Pursuant intended to allow the Exchange to A matter related to a financial to power delegated to the Board, an allocate more new products and to institution. Allocation Committee, which consists of facilitate the continued listing of The General Counsel of the representatives of Electronic Access existing products, is consistent with the Commission, or his designee, has Members, makes allocation decisions Act. The Commission believes that the certified that, in his opinion, one or according to the guidelines contained in introduction of Alternative PMMs on more of the exemptions set forth in 5 ISE Rule 802. Under ISE Rule 802, U.S.C. 552(b)(c)(7), (8) (9)(B) and and 17 allocations are voluntary.4 To better 5 Only CMMs that own or lease CMM Rights shall CFR 200.402(a)(7), (8) and (9)(B) permit enable the Exchange to list and retain be eligible to be appointed as an Alternative PMM. That is, Electronic Access Members acting as consideration of the scheduled matter at options classes that PMMs do not wish market makers in the Second Market will not be the Closed Meeting. eligible to be appointed as Alternative PMMs. Commissioner Aguilar, as duty 1 15 U.S.C. 78s(b)(1). 6 For example, Alternative PMMs would enjoy officer, determined that Commission 2 17 CFR 240.19b-4. privileges that include, among other things, 3 See Securities Exchange Act Release No. 59053 participation rights and small order execution business required the above change and (December 4, 2008), 73 FR 76078 (the ‘‘Notice’’). preference while accepting responsibilities that that no earlier notice thereof was 4 According to ISE, at times, the Exchange is include, among other things, the obligation to possible. unable to list new products because existing PMMs provide continuous quotations in the options class are not interested in trading the options class. At to which the Alternative PMM is appointed, and the At times, changes in Commission other times, ISE must delist certain products due to obligation to conduct the opening rotation on a priorities require alterations in the lack of PMM interest. ISE represents that this occurs daily basis for as long as the Alternative PMM is scheduling of meeting items. For further most frequently with respect to options on stocks appointed to that options class. information and to ascertain what, if that have pending corporate actions and options 7 In approving this proposed rule change, the products that are not listed at any other options Commission notes that it has considered the any, matters have been added, deleted exchange. ISE believes that despite the lack of PMM proposed rule’s impact on efficiency, competition, or postponed, please contact the Office interest, these products may be of interest to other and capital formation. 15 U.S.C. 78c(f). of the Secretary at (202) 551–5400. market making firms at the Exchange. 8 15 U.S.C. 78f(b)(5).
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the Exchange should add liquidity to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and U.S. Dollar-Settled Foreign the market in the options classes that notice is hereby given that on December Currency Options that are executed PMMs on the Exchange decline to seek 31, 2008, NASDAQ OMX PHLX, Inc. electronically as part of a Complex an allocation, and therefore should (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Order.7 provide trading opportunities that Securities and Exchange Commission This proposal is effective upon filing should benefit all market participants. (‘‘Commission’’) the proposed rule and will be implemented for In addition, the Commission notes that change as described in Items I, II, and transactions settling on or after January Alternative PMMs will have all of the III below, which Items have been 2, 2009. responsibilities and all of the privileges substantially prepared by the Exchange. The text of the proposed rule change of a PMM under the ISE’s rules with The Commission is publishing this is available on the Exchange’s Web site respect to all appointed options classes. notice to solicit comments on the at http://www.nasdaqtrader.com/micro. proposed rule change from interested aspx?id=PHLXRulefilings. IV. Conclusion parties. It is therefore ordered, pursuant to II. Self-Regulatory Organization’s I. Self-Regulatory Organization’s Section 19(b)(2) of the Act,9 that the Statement of the Purpose of, and Statement of the Terms of Substance of proposed rule change (SR–ISE–2008–90) Statutory Basis for, the Proposed Rule the Proposed Rule Change be, and hereby is, approved. Change The Exchange proposes to amend its For the Commission, by the Division of In its filing with the Commission, the Trading and Markets, pursuant to delegated Summary of Equity Option, and MNX, Exchange included statements authority.10 NDX, RUT and RMN Charges; Summary concerning the purpose of and basis for Florence E. Harmon, of Index Option Charges; and Summary the proposed rule change and discussed of U.S Dollar-Settled Foreign Currency Deputy Secretary. any comments it received on the Option Charges fee schedules. proposed rule change. The text of these [FR Doc. E9–1230 Filed 1–21–09; 8:45 am] Specifically, the Exchange proposes to statements may be examined at the BILLING CODE 8011–01–P assess an option transaction charge of places specified in Item IV below. The $0.08 per contract side for specialists Exchange has prepared summaries, set and Registered Options Traders SECURITIES AND EXCHANGE forth in sections A, B, and C below, of (‘‘ROTs’’), including Streaming Quote COMMISSION the most significant aspects of such Traders (‘‘SQTs’’) 3 and Remote statements. [Release No. 34–59097; File No. SR–FINRA– Streaming Quote Traders (‘‘RSQTs’’) 4 2008–057] on contracts that are executed A. Self-Regulatory Organization’s electronically as part of a Complex Statement of the Purpose of, and Self-Regulatory Organizations; Order 5 in equity options on the Statutory Basis for, the Proposed Rule Financial Industry Regulatory Exchange’s electronic trading platform Change Authority, Inc.; Notice of Filing and for options, Phlx XL.6 Market 1. Purpose Immediate Effectiveness of Proposed participants other than specialists and The purpose of the proposed rule Rule Change To Update Rule Cross- ROTs would be assessed the applicable change is to provide an incentive for References and Make Other Various current equity options transaction specialists and ROTs to provide Non-Substantive Technical Changes to charge. FINRA Rules The Exchange proposes to assess any liquidity in Complex Orders sent to the Exchange for execution, and to enhance Correction applicable option transaction charges to participants, including specialists and Exchange revenues, by assessing an In notice document E8–30319 ROTs, on contracts in Index Options equity option transaction charge of beginning on page 78412 in the issue of $0.08 per contract side for specialists Monday, December 22, 2008, make the 1 15 U.S.C. 78s(b)(1). and ROTs instead of the current following correction: 2 17 CFR 240.19b–4. applicable charges that apply to simple On page 78412, the subject should 3 An SQT is an Exchange Registered Options option transactions in equity options.8 read as set forth above. Trader (‘‘ROT’’) who has received permission from Respecting Complex Orders in equity the Exchange to generate and submit option options for other market participants, [FR Doc. Z8–30319 Filed 1–21–09; 8:45 am] quotations electronically through an electronic the equity option transaction charges in BILLING CODE 1505–01–D interface with AUTOM via an Exchange approved proprietary electronic quoting device in eligible effect on the Exchange for simple orders options to which such SQT is assigned. See would be assessed. Exchange Rule 1014(b)(ii)(A). Respecting Complex Orders in index SECURITIES AND EXCHANGE 4 An RSQT is an ROT and participant in the and foreign currency options, the index COMMISSION Exchange’s electronic trading system, ‘‘Phlx XL’’ who has received permission from the Exchange to option and foreign currency option [Release No. 34–59247; File No. SR–Phlx– trade in options for his own account, and to 2008–87] generate and submit option quotations 7 This proposal and the Exhibits attached hereto electronically from off the floor of the Exchange include amendments to the Exchange’s fee schedule Self-Regulatory Organizations; through AUTOM in eligible options to which such that were submitted on December 30, 2008 as part NASDAQ OMX PHLX, Inc.; Notice of RSQT has been assigned. See Exchange Rule of SR–Phlx–2008–86. Beginning with transactions Filing and Immediate Effectiveness of 1014(b)(ii)(B). settling on or after January 2, 2009, the Exchange 5 A Complex Order is composed of two or more will assess an option transaction charge of $0.22 per Proposed Rule Change Amending the option components and is priced as a single order contract for ROTs, $0.24 per contract for Firms that Phlx Fee Schedule (a ‘‘Complex Order Strategy’’) on a net debit or net submit proprietary orders, and $0.14 for Firm credit basis. See Exchange Rule 1080, Commentary facilitation orders. The Commission notes that the January 14, 2009. .08. For a complete description of the Exchange’s preceding sentence refers to the ‘‘Summary of Pursuant to Section 19(b)(1) of the Complex Order System, see Securities Exchange Equity Option, and MNX, NDX, RUT and RMN Act Release No. 58361 (August 14, 2008), 73 FR Charges’’ on the fee schedule as amended by File Securities Exchange Act of 1934 49529 (August 21, 2008) (SR–Phlx–2008–50). No. Phlx–2008–86. 6 See Securities Exchange Act Release No. 50100 8 The Commission notes that prior to this filing, 9 15 U.S.C. 78s(b)(2). (July 27, 2004), 69 FR 46612 (August 3, 2004) (SR– Phlx did not assess transaction charges for Complex 10 17 CFR 200.30–3(a)(12). Phlx–2003–59). Orders.
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transaction charges in effect on the transactions other than transactions objectives of Section 6(b)(4) of the Act 12 Exchange for simple orders would be involving Complex Orders, as described in particular, in that it is an equitable assessed on all participants. in the Exchange’s Summary of Index allocation of reasonable fees and other Pursuant to this proposal, the Option Charges. The Exchange proposes charges among Exchange members. Exchange intends to amend the to amend its Summary of Index Option Specifically, the Exchange believes that Exchange’s: (i) Summary of Equity Charges to assess any applicable option this proposal is equitable because it Option, and MNX, NDX, RUT and RMN transaction charges to participants, would apply evenly to specialists and Charges; (ii) Summary of Index Option including specialists and ROTs, on ROTs transacting with Complex Orders Charges; and (iii) Summary of U.S contracts in index options that are sent to the Exchange for execution. Dollar-Settled Foreign Currency Option executed electronically as part of a B. Self-Regulatory Organization’s Charges. Complex Order. For clarity, the Statement on Burden on Competition Currently, the Exchange does not Exchange proposes to amend its assess transaction charges for Complex Summary of Index Option Charges to The Exchange does not believe that Orders. The Exchange believes that the state specifically that Registered Option the proposed rule change will impose $0.08 transaction charge for Complex Traders (on-floor) and specialists will be any burden on competition that is not Orders in equity options (as opposed to assessed $0.24 per contract side on necessary or appropriate in furtherance the transaction charges for simple contracts that are executed of the purposes of the Act. orders) should provide incentives for electronically as part of a Complex C. Self-Regulatory Organization’s specialists and ROTs to provide Order. Statement on Comments on the liquidity in the Exchange’s markets for Proposed Rule Change Received From Complex Orders in equity options. Summary of U.S. Dollar-Settled Foreign Currency Option Charges Members, Participants or Others Summary of Equity Option, and MNX, No written comments were solicited The Exchange currently assesses an NDX, RUT and RMN Charges or received. option transaction charge for Currently, the Exchange assesses transactions in options overlying U.S. III. Date of Effectiveness of the various option transaction charges for dollar-settled foreign currencies, as Proposed Rule Change and Timing for equity options, depending on such described in the Exchange’s Summary of Commission Action factors as the category of person(s) U.S Dollar-Settled Foreign Currency The foregoing rule change has become submitting orders for execution (e.g., Option Charges. The Exchange proposes effective pursuant to Section customers, specialists, broker-dealers, to amend its Summary of U.S Dollar- 19(b)(3)(A)(ii) of the Act 13 and ROTs and Firms are all charged Settled Foreign Currency Option paragraph (f)(2) of Rule 19b–4 14 differently, on a per contract basis, Charges schedule to assess any option thereunder. At any time within 60 days ranging from $0.00 per contract to $0.45 transaction charges on contracts in U.S of the filing of the proposed rule change, per contract) and the manner in which dollar-settled foreign currency options the Commission may summarily the order is delivered to the Exchange. that are executed electronically as part abrogate such rule change if it appears For example, broker-dealer orders of a Complex Order. For clarity, the to the Commission that such action is submitted electronically to the Exchange proposes to amend its necessary or appropriate in the public Exchange’s systems are charged $0.45 Summary of U.S Dollar-Settled Foreign interest, for the protection of investors, per contract, whereas broker-dealer Currency Option Charges schedule to or otherwise in furtherance of the orders submitted through means other state specifically that Registered Option purposes of the Act. than the Exchange’s electronic system Traders (on-floor) and specialists will be are charged $0.25 per contract. assessed $0.24 per contract side on IV. Solicitation of Comments Customers submitting orders in equity contracts that are executed Interested persons are invited to options are generally not charged electronically as part of a Complex submit written data, views, and transaction fees 9 whereas ROTs and Order. arguments concerning the foregoing, Firms are charged. The Exchange currently provides a including whether the proposed rule The Exchange proposes to amend the discount for ROTs (on-floor) and change is consistent with the Act. fee schedule to assess specialists and specialists that exceed 4.5 million Comments may be submitted by any of ROTs an option transaction charge of contracts in a given month (the the following methods: $0.08 per contract side on contracts in ‘‘Volume Threshold’’) by assessing Electronic Comments equity and MNX, NDX, RUT and RMN $0.01 per contract on contract volume options that are executed electronically above the Volume Threshold instead of • Use the Commission’s Internet as part of a Complex Order. Participants the applicable options transaction comment form (http://www.sec.gov/ other than specialists and ROTs would charge described in the Summary of rules/sro.shtml); or • be assessed the regular equity option Equity Option, and MNX, NDX, RUT Send an e-mail to rule- transaction charge applicable to simple and RMN Charges. Complex Order [email protected]. Please include File equity option orders. volume is not used in calculating the Number SR–Phlx–2008–87 on the 10 subject line. Summary of Index Option Charges Volume Threshold. Paper Comments The Exchange assesses an option 2. Statutory Basis • transaction charge for index option The Exchange believes that its Send paper comments in triplicate proposal to amend its schedule of fees to Elizabeth M. Murphy, Secretary, 9 Customers are charged $0.12 per contract for is consistent with Section 6(b) of the Securities and Exchange Commission, executions in MNX and NDX options. The Act 11 in general, and furthers the 100 F Street, NE., Washington DC Commission notes that the Phlx fee schedule also 20549–1090. provides for a $0.12 per contract charge for customer executions in RUT and RMN. See 10 See Securities Exchange Act Release No. 58420 Securities Exchange Act Release No. 59243 (January (August 25, 2008), 73 FR 51035 (August 29, 2008) 12 15 U.S.C. 78f(b)(4). 13, 2009) (File No. Phlx–2008–86) (adding those (SR–Phlx–2008–62). 13 15 U.S.C. 78s(b)(3)(A)(ii). charges to the fee schedule). 11 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4(f)(2).
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All submissions should refer to File 23, 2008, The NASDAQ Stock Market (b) User Fees Number SR–Phlx–2008–87. This file LLC (‘‘NASDAQ’’) filed with the (1) Except as provided in (b)(2) and number should be included on the Securities and Exchange Commission (b)(3), for the NASDAQ Basic product subject line if e-mail is used. To help the (‘‘Commission’’) the proposed rule there shall be a per subscriber monthly Commission process and review your change as described in Items I and II charge of $10 for NASDAQ-listed stocks, comments more efficiently, please use below, which Items have been prepared $5 for NYSE-listed stocks, and $5 for only one method. The Commission will by NASDAQ. On January 8, 2009, post all comments on the Commission’s NASDAQ filed Amendment No. 1 to the Alternext-listed stocks; or Internet Web site (http://www.sec.gov/ proposed rule change. On January 12, (2) For each non-professional rules/sro.shtml). Copies of the 2009, NASDAQ replaced the original subscriber, as defined in Rule 7011(b), submission, all subsequent filing and Amendment No. 1 by filing there shall be a per subscriber monthly amendments, all written statements Amendment No. 2 to the proposed rule charge of $0.50 for NASDAQ-listed with respect to the proposed rule change.3 The Commission is publishing stocks, $0.25 for NYSE-listed stocks, change that are filed with the this notice to solicit comments on the and $0.25 for Alternext-listed stocks; or Commission, and all written proposed rule change, as amended, from (3) There shall be a per query fee for communications relating to the interested persons. proposed rule change between the NASDAQ Basic of $0.0025 for I. Self-Regulatory Organization’s Commission and any person, other than NASDAQ-listed stocks, $0.0015 for Statement of the Terms of Substance of those that may be withheld from the NYSE-listed stocks, and $0.0015 for the Proposed Rule Change public in accordance with the Alternext-listed stocks. provisions of 5 U.S.C. 552, will be NASDAQ is proposing a rule change (c) Distributor Fees available for inspection and copying in to establish a five-month pilot to offer ‘‘NASDAQ Basic’’ which is a real time (1) Each Distributor of NASDAQ Basic the Commission’s Public Reference for NASDAQ-listed stocks shall pay a Room, 100 F Street, NE., Washington, data feed combining both NASDAQ’s fee of $1,500 per month for either DC 20549, on official business days Best Bid and Offer (‘‘QBBO’’) and the internal or external distribution or both. between the hours of 10 a.m. and 3 p.m. NASDAQ Last Sale. NASDAQ will offer Copies of such filing also will be information separately for NASDAQ-, (2) Each Distributor of NASDAQ Basic available for inspection and copying at NYSE- and Amex-listed stocks. for NYSE-listed stocks shall pay a fee of the principal office of the Exchange. All NASDAQ Basic will be available free of $250 per month for internal distribution comments received will be posted charge for the first month of the five- or $625 per month external distribution. without change; the Commission does month pilot. Distributors that pay the external not edit personal identifying The text of the proposed rule change distribution fee may distribute NASDAQ information from submissions. You is below. Proposed new language is in Basic for NYSE-listed stocks internally italics; proposed deletions are in should submit only information that with no additional distribution fee. you wish to make available publicly. All brackets.4 submissions should refer to File No. * * * * * (3) Each Distributor of NASDAQ Basic for Alternext-listed stocks shall pay a SR–Phlx–2008–87 and should be 7047. NASDAQ Basic submitted on or before February 12, fee of 250 per month for internal 2009. (a) For a five-month pilot period distribution or $625 per month external commencing on February 1, 2009, distribution. Distributors that pay the For the Commission, by the Division of Trading and Markets, pursuant to delegated NASDAQ shall offer proprietary data external distribution fee may distribute authority.15 feeds containing real-time market NASDAQ Basic for Alternext-listed Florence E. Harmon, information from the NASDAQ Market stocks internally with no additional Center. There shall be no fee for Deputy Secretary. distribution fee. NASDAQ Basic for the first month of the (4) Each Distributor that receives [FR Doc. E9–1232 Filed 1–21–09; 8:45 am] pilot. BILLING CODE 8011–01–P (1) ‘‘NASDAQ Basic for NASDAQ’’ Direct Access to the NASDAQ Basic shall contain NASDAQ’s best bid and shall also pay a monthly fee of $2,000 offer and last sale for NASDAQ-listed for NASDAQ-listed stocks, $1,000 for SECURITIES AND EXCHANGE stocks; and NYSE-listed stocks, and $1,000 for COMMISSION (2) ‘‘NASDAQ Basic for NYSE’’ shall Alternext-listed stocks. [Release No. 34–59244; File No. SR– contain NASDAQ’s best bid and offer (5) The terms ‘‘Distributor’’ and NASDAQ–2008–102] and last sale for NYSE-listed stocks. ‘‘Direct Access’’ shall have the same (3) ‘‘NASDAQ Basic for Alternext’’ meanings as set forth in Rule 7019. Self-Regulatory Organizations; The shall contain NASDAQ’s best bid and NASDAQ Stock Market LLC; Notice of offer and last sale for Alternext-listed II. Self-Regulatory Organization’s Filing of Proposed Rule Change and stocks. Statement of the Purpose of, and Amendment No. 2 Thereto To Establish Statutory Basis for, the Proposed Rule a Pilot Program for NASDAQ Basic 3 In Amendment No. 2, NASDAQ removed data Change Data Feeds from the jointly-operated NASDAQ/FINRA Trade Reporting Facility (‘‘TRF’’) from the NASDAQ Basic In its filing with the Commission, product. NASDAQ notes that a separate filing will January 13, 2009. NASDAQ included statements Pursuant to Section 19(b)(1) of the be made in the event approval is sought to include TRF data in this product. In addition, NASDAQ concerning the purpose of, and basis for, Securities Exchange Act of 1934 made technical changes including changing the the proposed rule change. The text of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 name of the Alternext market, clarifying that no fees notice is hereby given that on December will be assessed during the first month of the pilot, these statements may be examined at and explaining the application of internal and the places specified in Item IV below, external distributor fees. 15 and is set forth in Sections A, B, and C 17 CFR 200.30–3(a)(12). 4 Changes are marked to the rule text that appears 1 15 U.S.C. 78s(b)(1). in the electronic NASDAQ Manual found at below. 2 17 CFR 240.19b–4. http://www.nasdaqtrader.com.
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A. Self-Regulatory Organization’s users that do not require a monthly The NASDAQ Basic market data Statement of the Purpose of, and subscription, there will be a per query products proposed here appear to be Statutory Basis for, the Proposed Rule option available for NASDAQ Basic, precisely the sort of market data product Change with a fee of $0.0025 for NASDAQ- that the Commission envisioned when it listed stocks, $0.0015 for NYSE-listed adopted Regulation NMS. The 1. Purpose stocks, and $0.0015 for Alternext-listed Commission concluded that Regulation In July of 2008, NASDAQ successfully stocks. Vendors that report per query NMS—by deregulating the market in launched a market data product that for usage to NASDAQ are permitted to proprietary data—would itself further the first time made available to investors convert to monthly subscriptions when the Act’s goals of facilitating efficiency real-time execution prices based solely the cost of individual users’ queries and competition: on proprietary data from the NASDAQ exceeds the cost of the monthly [E]fficiency is promoted when broker- Market Center and FINRA/NASDAQ subscription. dealers who do not need the data beyond the Trade Reporting Facility. Building on As with the distribution of other prices, sizes, market center identifications of the success of that pilot, NASDAQ now NASDAQ proprietary products, all the NBBO and consolidated last sale proposes a five-month pilot to offer real- information are not required to receive (and distributors of NASDAQ Basic will be time quotation data in combination with pay for) such data. The Commission also assessed a Distributor Fee in addition to last sale data solely from the NASDAQ believes that efficiency is promoted when any applicable usage fees. Each Market Center as set forth below. There broker-dealers may choose to receive (and Distributor of NASDAQ Basic for will be no fees for NASDAQ Basic for pay for) additional market data based on their NASDAQ-listed stocks shall pay a fee of own internal analysis of the need for such the first month of the pilot. data.7 NASDAQ Basic is a ‘‘Level 1’’ product $1,500 per month for either internal or external distribution. Each Distributor of By removing ‘‘unnecessary regulatory containing two data elements: (1) restrictions’’ on the ability of exchanges Quotation information from the NASDAQ Basic for NYSE-listed stocks shall pay a fee of $250 per month for to sell their own data, Regulation NMS NASDAQ Market Center and (2) last sale advanced the goals of the Act and the data from the NASDAQ Market Center. internal distribution or $625 per month external distribution. Each Distributor of principles reflected in its legislative NASDAQ Basic will be available in history. If the free market should three forms, NASDAQ Basic for NASDAQ Basic for Alternext-listed stocks shall pay a fee of $250 per month determine whether proprietary data is NASDAQ, NASDAQ Basic for NYSE, sold to broker-dealers at all, it follows and NASDAQ Basic for Alternext. for internal distribution or $625 per month external distribution. that the price at which such data is sold As with the recently-approved should be set by the market as well. NASDAQ Last Sale product, NASDAQ Distributors that pay the fee for external distribution of NASDAQ Basic for NYSE NASDAQ’s ability to price NASDAQ Basic is designed to meet the needs of Basic is constrained by (1) competition current and prospective subscribers that and Alternext may distribute the same data internally for no additional fee. In between exchanges and other trading do not need or are unwilling to pay for platforms that compete with each other the consolidated data provided by the addition, each Distributor that receives Direct Access to the NASDAQ Basic in a variety of dimensions; (2) the consolidated Level 1 products. existence of inexpensive real-time shall also pay a monthly fee of $2,000 Providing investors with new options consolidated data and free delayed for NASDAQ-listed stocks, $1,000 for for receiving market data, as NASDAQ consolidated data, and (3) the inherent NYSE-listed stocks, and $1,000 for proposes, was a primary goal of the contestability of the market for AMEX-listed stocks. The terms market data amendments adopted in proprietary last sale data. Regulation NMS. NASDAQ developed ‘‘Distributor’’ and ‘‘Direct Access’’ are The market for proprietary data these product proposals in consultation well-understood by market data products is currently competitive and with industry members and also market distributors and will have the same inherently contestable because there is data vendors and purchasers that meanings in this proposed rule as fierce competition for the inputs expressed an interest in exchange-only currently set forth in NASDAQ Rule necessary to the creation of proprietary data for instances where consolidated 7019. data and strict pricing discipline for the data is no longer required to be 2. Statutory Basis proprietary products themselves. purchased and displayed. Numerous exchanges compete with Consistent with the sale of NASDAQ believes that the proposed each other for listings, trades, and consolidated data and of NASDAQ rule change is consistent with the market data itself, providing virtually 5 proprietary data, NASDAQ proposes to provisions of Section 6 of the Act, in limitless opportunities for entrepreneurs charge a fee for professional use of general and with Section 6(b)(4) of the who wish to produce and distribute 6 NASDAQ Basic, and a reduced fee for Act, as stated above, in that it provides their own market data. This proprietary non-professional use. Specifically, for an equitable allocation of reasonable data is produced by each individual each professional user of the NASDAQ fees among users and recipients of exchange, as well as other entities, in a Basic product, there will be a per NASDAQ data. In adopting Regulation vigorously competitive market. subscriber monthly charge of $10 for NMS, the Commission granted self- Broker-dealers currently have NASDAQ-listed stocks, $5 for NYSE- regulatory organizations and broker- numerous alternative venues for their listed stocks, and $5 for Alternext-listed dealers increased authority and order flow, including eleven self- stocks. For each non-professional flexibility to offer new and unique regulatory organization (‘‘SRO’’) subscriber, there will be a per subscriber market data to the public. It was markets, as well as broker-dealers monthly charge of $0.50 for NASDAQ- believed that this authority would (‘‘BDs’’) and aggregators such as the listed stocks, $0.25 for NYSE-listed expand the amount of data available to Direct Edge and NexTrade electronic stocks, and $0.25 for Alternext-listed consumers, and also spur innovation communications network (‘‘ECN’’). Each stocks. ‘‘Non-professional’’ is a term that and competition for the provision of SRO market competes to produce is well-understood within the vendor market data. transaction reports via trade executions, and user communities, and it will have the same meaning in this proposed rule 5 15 U.S.C. 78f. 7 Securities Exchange Act Release No. 51808 as it currently has in Rule 7011(b), For 6 15 U.S.C. 78f–3(b)(4) [sic]. (June 9, 2005), 70 FR 37496 (June 29, 2005).
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and an ever-increasing number of form of pricing discipline for to aggregate data and disseminate it on FINRA-regulated Trade Reporting proprietary data products that contain a profitable scale, including Bloomberg, Facilities (‘‘TRFs’’) compete to attract data elements that are a subset of the Reuters and Thomson. New entrants are internalized transaction reports. It is consolidated data, by highlighting the already on the horizon, including common for BDs to further and exploit optional nature of proprietary products. ‘‘Project BOAT,’’ a consortium of this competition by sending their order Market data vendors provide another financial institutions that is assembling flow and transaction reports to multiple form of price discipline for proprietary a cooperative trade collection facility in markets, rather than providing them all data products because they control the Europe. These institutions are active in to a single market. Competitive markets primary means of access to end users. the United States and could rapidly and for order flow, executions, and Vendors impose price restraints based profitably export the Project Boat transaction reports provide pricing upon their business models. For technology to exploit the opportunities discipline for the inputs of proprietary example, vendors such as Bloomberg offered by Regulation NMS. data products. and Reuters that assess a surcharge on In establishing the price for NASDAQ The large number of SROs, TRFs, and data they sell may refuse to offer Basic, NASDAQ considered the ECNs that currently produce proprietary proprietary products that end users will competitiveness of the market for BBO data or are currently capable of not purchase in sufficient numbers. and last sale data and all of the producing it provides further pricing Internet portals, such as Google, impose implications of that competition. discipline for proprietary data products. a discipline by providing only that data NASDAQ believes that it has considered Each SRO, TRF, ECN and BD is which will enable them to attract all relevant factors and has not currently permitted to produce ‘‘eyeballs’’ that contribute to their considered irrelevant factors in order to proprietary data products, and many advertising revenue. Retail broker- establish a fair, reasonable, and not currently do or have announced plans to dealers, such as Schwab and Fidelity, unreasonably discriminatory fee and an do so, including NASDAQ, NYSE, offer their customers proprietary data equitable allocation of fees among all Amex, NYSEArca, and BATS. only if it promotes trading and generates users. Any ECN or BD can combine with any sufficient commission revenue. other ECN, broker-dealer, or multiple Although the business models may B. Self-Regulatory Organization’s ECNs or BDs to produce jointly differ, these vendors’ pricing discipline Statement on Burden on Competition proprietary data products. Additionally, is the same: they can simply refuse to NASDAQ does not believe that the non-broker-dealers such as order routers purchase any proprietary data product proposed rule change will result in any like LAVA, as well as market data that fails to provide sufficient value. burden on competition that is not vendors can facilitate single or multiple NASDAQ and other producers of necessary or appropriate in furtherance broker-dealers’ production of proprietary data products must of the purposes of the Act, as amended. proprietary data products. The potential understand and respond to these To the contrary, as set forth in detail sources of proprietary products are varying business models and pricing above, the market for the data elements virtually limitless. disciplines in order to successfully contained in NASDAQ Basic is already The fact that proprietary data from market proprietary data products. competitive, with both real-time and ECNs, BDs, and vendors can by-pass In addition to the competition and delayed consolidated data as well as the SROs is significant in two respects. price discipline described above, the ability for innumerable entities begin First, non-SROs can compete directly market for proprietary data products is rapidly and inexpensively to offer with SROs for the production and also highly contestable because market competitive last sale data products. distribution of proprietary data entry is rapid, inexpensive, and Moreover, NASDAQ expects that the products, as Archipelago and BATS profitable. The history of electronic New York, NYSEArca, BATS, and Trading did prior to registering as SROs. trading is replete with examples American Stock Exchanges will each Second, because a single order or entrants that swiftly grew into some of respond to this proposal with a similar transaction report can appear in an SRO the largest electronic trading platforms proposal to distribute competing data proprietary product, a non-SRO and proprietary data producers: products. Under the regulatory regime proprietary product, or both, the data Archipelago, Bloomberg Tradebook, of Regulation NMS, there is no limit to available in proprietary products is Island, RediBook, Attain, TracECN, and the number of competing products that exponentially greater than the actual BATS Trading. Today, BATS publishes can be developed quickly and at low number of orders and transaction its data at no charge on its Web site in cost. The Commission should not stand reports that exist in the marketplace order to attract order flow, and it uses in the way of enhanced competition. writ large. market data revenue rebates from the Consolidated data provides two resulting executions to maintain low C. Self-Regulatory Organization’s additional measures of pricing execution charges for its users. Statement on Comments on the discipline for proprietary data products Several ECNs have existed profitably Proposed Rule Change Received From that are a subset of the consolidated data for many years with a minimal share of Members, Participants or Others stream. First, the consolidated data is trading, including Bloomberg Tradebook Written comments were neither widely available in real-time at $1 per and NexTrade. solicited nor received. month for non-professional users. Regulation NMS, by deregulating the Second, consolidated data is also market for proprietary data, has III. Date of Effectiveness of the available at no cost with a 15- or 20- increased the contestability of that Proposed Rule Change and Timing for minute delay. Because consolidated market. While broker-dealers have Commission Action data contains marketwide information, previously published their proprietary Within 35 days of the date of it effectively places a cap on the fees data individually, Regulation NMS publication of this notice in the Federal assessed for proprietary data (such as encourages market data vendors and Register or within such longer period (i) last sale data) that is simply a subset of broker-dealers to produce proprietary as the Commission may designate up to the consolidated data. The mere products cooperatively in a manner 90 days of such date if it finds such availability of low-cost or free never before possible. Multiple market longer period to be appropriate and consolidated data provides a powerful data vendors already have the capability publishes its reasons for so finding, or
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(ii) as to which NASDAQ consents, the submitted on or before February 12, Percent Commission will: 2009. Businesses and Non-Profit Orga- (A) By order approve such proposed For the Commission, by the Division of nizations Without Credit Avail- rule change; or Trading and Markets, pursuant to delegated able Elsewhere ...... 4.000 (B) Institute proceedings to determine authority.8 whether the proposed rule change Florence E. Harmon, should be disapproved. The number assigned to this disaster Deputy Secretary. for physical damage is 11632B and for IV. Solicitation of Comments [FR Doc. E9–1231 Filed 1–21–09; 8:45 am] economic injury is 11633B. BILLING CODE 8011–01–P Interested persons are invited to (Catalog of Federal Domestic Assistance submit written data, views, and Numbers 59002 and 59008) arguments concerning the foregoing, Herbert L. Mitchell, including whether the proposed rule SMALL BUSINESS ADMINISTRATION Associate Administrator for Disaster change is consistent with the Act. [Disaster Declaration #11632 and #11633] Assistance. Comments may be submitted by any of the following methods: Maine Disaster #ME–00017 [FR Doc. E9–1209 Filed 1–21–09; 8:45 am] BILLING CODE 8025–01–P Electronic Comments AGENCY: U.S. Small Business Administration. • Use the Commission’s Internet comment form (http://www.sec.gov/ ACTION: Notice. SMALL BUSINESS ADMINISTRATION rules/sro.shtml); or SUMMARY: This is a Notice of the • [Disaster Declaration #11430 and #11431] Send an e-mail to rule- Presidential declaration of a major [email protected]. Please include File disaster for Public Assistance Only for Texas Disaster Number TX–00308 Number SR–NASDAQ–2008–102 on the the State of Maine (FEMA–1815–DR), subject line. dated 01/09/2009. AGENCY: U.S. Small Business Paper Comments Incident: Severe Winter Storm and Administration. • Flooding. ACTION: Amendment 5. Send paper comments in triplicate Incident Period: 12/11/2008 through to Elizabeth M. Murphy, Secretary, 12/29/2008. SUMMARY: This is an amendment of the Securities and Exchange Commission, Effective Date: 01/09/2009. Presidential declaration of a major 100 F Street, NE., Washington, DC Physical Loan Application Deadline disaster for the State of Texas (FEMA– 20549–1090. Date: 03/10/2009. 1791–DR), dated 09/13/2008. All submissions should refer to File Economic Injury (EIDL) Loan Incident: Hurricane Ike. Number SR–NASDAQ–2008–102. This Application Deadline Date: 10/09/2009. Incident Period: 09/07/2008 through file number should be included on the ADDRESSES: Submit completed loan 10/02/2008. subject line if e-mail is used. To help the applications to: U.S. Small Business Effective Date: 01/06/2009. Commission process and review your Administration, Processing and Physical Loan Application Deadline comments more efficiently, please use Disbursement Center, 14925 Kingsport Date: 02/06/2009. only one method. The Commission will Road, Fort Worth, TX 76155. EIDL Loan Application Deadline Date: post all comments on the Commission’s FOR FURTHER INFORMATION CONTACT: A. 06/15/2009. Internet Web site (http://www.sec.gov/ Escobar, Office of Disaster Assistance, ADDRESSES: Submit completed loan rules/sro.shtml). Copies of the U.S. Small Business Administration, submission, all subsequent applications to: U.S. Small Business 409 3rd Street, SW., Suite 6050, Administration, Processing and amendments, all written statements Washington, DC 20416. with respect to the proposed rule Disbursement Center, 14925 Kingsport SUPPLEMENTARY INFORMATION: Notice is change that are filed with the Road, Fort Worth, TX 76155. hereby given that as a result of the Commission, and all written FOR FURTHER INFORMATION CONTACT: A. President’s major disaster declaration on communications relating to the Escobar, Office of Disaster Assistance, 01/09/2009, Private Non-Profit proposed rule change between the U.S. Small Business Administration, organizations that provide essential Commission and any person, other than 409 3rd Street, SW., Suite 6050, services of governmental nature may file those that may be withheld from the Washington, DC 20416 disaster loan applications at the address public in accordance with the listed above or other locally announced SUPPLEMENTARY INFORMATION: The notice provisions of 5 U.S.C. 552, will be locations. of the President’s major disaster available for inspection and copying in The following areas have been declaration for the State of TEXAS, the Commission’s Public Reference determined to be adversely affected by dated 09/13/2008 is hereby amended to Room, on official business days between the disaster: extend the deadline for filing the hours of 10 a.m. and 3 p.m. Copies Primary Counties: applications for physical damages as a of the filing also will be available for result of this disaster to 02/06/2009. inspection and copying at the principal Androscoggin. Cumberland, Knox, Lincoln, Sagadahoc, Waldo, York. All other information in the original office of NASDAQ. All comments declaration remains unchanged. received will be posted without change; The Interest Rates are: the Commission does not edit personal (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) identifying information from Percent Herbert L. Mitchell, submissions. You should submit only Other (Including Non-Profit Orga- information that you wish to make nizations) With Credit Available Associate Administrator for Disaster available publicly. All submissions Elsewhere ...... 4.500 Assistance. should refer to File Number SR– [FR Doc. E9–1210 Filed 1–21–09; 8:45 am] NASDAQ–2008–102 and should be 8 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P
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SMALL BUSINESS ADMINISTRATION SUMMARY: The SBA is issuing this notice DEPARTMENT OF STATE to announce the location, date, time, [Disaster Declaration #11631] [Public Notice 6488] and agenda for the next meeting of the Washington Disaster # WA–00018 Advisory Committee on Veterans In the Matter of the Review of the Declaration of Economic Injury Business Affairs. The meeting will be Designations of Al-Qa’ida (AQ), open to the public. Haraket-ul-Mujahidin (HUM), Popular AGENCY: U.S. Small Business DATES: The meeting will be held on Front for the Liberation of Palestine Administration. February 10–11, 2009, from 9 a.m. to 5 (PFLP), and Palestinian Islamic Jihad ACTION: Notice. p.m. Eastern Standard Time. (PIJ) and All Designated Aliases, as SUMMARY: This is a notice of an ADDRESSES: The meeting will be held at Foreign Terrorist Organizations Economic Injury Disaster Loan (EIDL) the U.S. Small Business Administration, Pursuant to Section 219 of the declaration for the State of Washington, 409 3rd Street, SW., Eisenhower Immigration and Nationality Act, as dated 01/12/2009. Conference Room, 2nd floor, Amended Incident: Green River/Kummer Bridge Washington, DC 20416. Based upon a review of the Closure. SUPPLEMENTARY INFORMATION: Pursuant Administrative Records assembled in Incident Period: 11/14/2008 and to section 10(a)(2) of the Federal this matter pursuant to Section continuing. Advisory Committee Act (5 U.S.C., 219(a)(4)(C) of the Immigration and Appendix 2), SBA announces the EFFECTIVE DATE: 01/12/2009. Nationality Act, as amended (8 U.S.C. meeting of the Advisory Committee on EIDL Loan Application Deadline Date: 1189(a)(4)(C)) (‘‘INA’’) , and in Veterans Business Affairs. The Advisory 10/13/2009. consultation with the Attorney General Committee on Veterans Business Affairs ADDRESSES: Submit completed loan and the Secretary of the Treasury, I serves as an independent source of applications to: U.S. Small Business conclude that the circumstances that advice and policy recommendation to Administration, Processing and were the basis for the 2003 re- the Administrator of the U.S. Small Disbursement Center, 14925 Kingsport designations of the aforementioned Business Administration. Road, Fort Worth, TX 76155. organizations as foreign terrorist The purpose of the meeting is FOR FURTHER INFORMATION CONTACT: A. organizations have not changed in such scheduled as a full committee meeting. Escobar, Office of Disaster Assistance, a manner as to warrant revocation of the The agenda will include: (1) Status of U.S. Small Business Administration, designations and that the national the current committee; (2) Orientation 409 3rd Street, SW., Suite 6050, security of the United States does not for new members; (3) Discussion of the Washington, DC 20416. warrant a revocation. permanency of SBA’s Advisory SUPPLEMENTARY INFORMATION: Notice is Therefore, I hereby determine that the Committee; (4) A review of SBA’s hereby given that as a result of the designations of the aforementioned Programs and Services; and (5) Administrator’s EIDL declaration, organizations as foreign terrorist Implementation steps of Public Law applications for economic injury organizations, pursuant to Section 219 110–186. disaster loans may be filed at the of the INA (8 U.S.C. 1189), shall be address listed above or other locally FOR FURTHER INFORMATION CONTACT: The maintained. announced locations. meeting is open to the public; however, This determination shall be published The following areas have been advance notice of attendance is in the Federal Register. determined to be adversely affected by requested. Anyone wishing to attend Dated: January 9, 2009. the disaster: and/or make a presentation to the John D. Negroponte, Primary Counties: King. Advisory Committee on Veterans Contiguous Counties: Business Affairs must contact Cheryl Deputy Secretary of State, Department of Washington: Chelan, Kitsap, Kittitas, Simms, Program Liaison, by February 2, State. Pierce, Snohomish, Yakima. 2009, by fax or e-mail in order to be [FR Doc. E9–1221 Filed 1–21–09; 8:45 am] The Interest Rate is: 4.000. placed on the agenda. Cheryl Simms, BILLING CODE 4710–10–P The number assigned to this disaster Program Liaison, U.S. Small Business for economic injury is 116310. Administration, Office of Veterans The States which received an EIDL Business Development, 409 3rd Street, DEPARTMENT OF TRANSPORTATION Declaration # are Washington. SW., Washington, DC 20416, Telephone Federal Highway Administration (Catalog of Federal Domestic Assistance number: (202) 619–1697, Fax number: Number 59002) 202–481–6085, e-mail address: [FHWA Docket No. FHWA–08–0106] [email protected]. Dated: January 12, 2009. Additionally, if you need Express Lanes Demonstration Sandy K. Baruah, accommodations because of a disability Program—Performance Goals for the Acting Administrator. or require additional information, please Texas Department of Transportation [FR Doc. E9–1208 Filed 1–21–09; 8:45 am] contact Cheryl Simms, Program Liaison Express Lanes IH–635/IH35E and North BILLING CODE 8025–01–P at (202) 619–1697; e-mail address: Tarrant Express Lanes Projects [email protected], SBA, Office of Veterans Business Development, 409 AGENCY: Federal Highway SMALL BUSINESS ADMINISTRATION 3rd Street, SW., Washington, DC 20416. Administration (FHWA), DOT. For more information, please visit our ACTION: Notice; request for comments. Advisory Committee on Veterans Web site at http://www.sba.gov/vets. Business Affairs SUMMARY: Section 1604(b)(7) of the Safe, Dated: January 5, 2009. Accountable, Flexible, Efficient AGENCY: U.S. Small Business Cherylyn Lebon, Administration. Transportation Equity Act: A Legacy for SBA Committee Management Officer. Users (SAFETEA–LU) (Pub. L. 109–59; ACTION: Notice of open Federal Advisory [FR Doc. E9–1206 Filed 1–21–09; 8:45 am] Aug. 10, 2005), authorizes the Secretary Committee meeting. BILLING CODE 8025–01–P of Transportation (Secretary) to develop
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and publish performance goals for each Background III. Use of alternative transportation express lane project accepted under the Section 1604(b) of SAFETEA–LU, modes. Express Lanes Demonstration Program. established the Express Lanes IV. Use of revenues to meet This notice lists the Performance Goals, Demonstration Program (ELDP). Under transportation or impact mitigation Monitoring and Reporting Program the ELDP, the Secretary must carry out needs. requirements for the I–635 (the LBJ 15 demonstration project during the B. Core Performance Measures Freeway) project in Dallas and North period of fiscal years 2005 through 2009 The following Core Performance Tarrant Express project in Ft. Worth in to permit States to collect a toll from Measures will be utilized to focus the the State of Texas. motor vehicles at eligible toll facilities. monitoring and reporting work On September 18, 2007, the Texas DATES: Comments must be received on undertaken to evaluate facility Department of Transportation (TxDOT) or before February 23, 2009. performance. The Performance Goals for submitted an application to the FHWA which each Core Performance Measure ADDRESSES: Mail or hand deliver for the I–635 (LBJ Freeway) managed will provide relevant information are comments to: Docket Management lane project, which was approved on indicated in parenthesis. Specific Facility, U.S. Department of March 19, 2008. Subsequently, TxDOT Transportation, 1200 New Jersey submitted an application to the FHWA reporting items for each Core Avenue, SE., Washington, DC 20590, or for the North Tarrant Express managed Performance Measure are listed submit electronically at http:// lane project, which was approved on immediately below it. Generally, facility performance will www.regulations.gov, or fax comments July 16, 2008. to (202) 493–2251. The I–635 project would consist of the be assessed by reference to baseline All comments should include the construction of 28 miles of new values or trends for the reported items docket number that appears in the managed (tolled) lanes as part of the under the Core Performance Measures. heading of this document. All reconstruction of portions of I–635 and The methodology for determining each comments received will be available for I–35E in the Dallas area. The North baseline value or trend will be examination and copying at the above Tarrant Express project would consist of explained in detail in the Performance address from 9 a.m. to 5 p.m., e.t., the construction of approximately 36 Monitoring and Evaluation Manual Monday through Friday, except Federal miles of new managed (tolled) lanes as described below. holidays. Those desiring notification of part of the reconstruction of portions of 1. Travel-Time Reliability in Priced receipt of comments must include a self- I–820, I–35W, and State Highway 183 in Lanes (I, II, III) the Fort Worth area. addressed, stamped postcard or may • Report percentage of time that the print the acknowledgment page that Pursuant to section 1604(b)(7) of SAFETEA–LU, the Secretary, in managed lanes are operating at a appears after submitting comments minimum average speed of 50 miles per electronically. Anyone is able to search cooperation with the State, public authority, private entity, and other hour, broken down into daily averages the electronic form of all comments in for the a.m. peak, off-peak, and p.m. any one of our dockets by the name of program participants must develop performance goals for each project and peak periods. the individual submitting the comment • Report 95th percentile travel times (or signing the comment, if submitted publish such goals for public comment. This notice lists, and solicits public for the managed lanes, broken down on behalf of an association, business, or into daily averages for the a.m. peak, off- labor union). You may review the DOT’s comment on, the Performance Goals, Monitoring and Reporting Programs for peak, and p.m. peak periods. (The 95th complete Privacy Act Statement in the percentile represents the slowest traffic Federal Register published on April 11, the I–635 and North Tarrant Express Projects. day each month.) This measure is 2000 (Volume 65, Number 70, Pages reported in minutes. 19477–78) or you may visit http:// Performance Goals, Monitoring and • Report the Buffer Index calculated DocketsInfo.dot.gov. Reporting Program to demonstrate performance in the FOR FURTHER INFORMATION CONTACT: For The following describes the agreed managed lanes, broken down into daily questions about this notice, contact Mr. upon Express Lane Demonstration averages for the a.m. peak, off-peak, and Wayne Berman, Office of Operations, Program’s Performance Goals, p.m. peak periods. The Buffer Index is (202) 366–4069, Monitoring and Reporting Program for the extra time that travelers must add to ([email protected]); for legal the I–635 and the North Tarrant Express their average travel time when planning questions contact Mr. Michael Harkins, Projects. This program has been trips to ensure on-time arrival. (For Attorney Advisor, Office of the Chief developed cooperatively between example, a buffer index of 40 percent Counsel, (202) 366–4928, TxDOT and FHWA. means that for a trip that usually takes 20 minutes a traveler should budget an ([email protected]). The FHWA A. Performance Goals is located at 1200 New Jersey Avenue, additional 8 minutes to ensure on-time SE., Washington, DC 20590. Office The FHWA and TxDOT have arrival most of the time. The 8 extra hours are from 7:45 a.m. to 4:15 p.m., identified the following three minutes is called the buffer time. e.t., Monday through Friday, except Performance Goals for the project. These Therefore, the traveler should allow 28 Federal holidays. Performance Goals reflect the priorities minutes for the trip in order to ensure for the project at the State and local on-time arrival 95 percent of the time.) SUPPLEMENTARY INFORMATION: levels. The Performance Goals also • Report traffic volumes and traffic Electronic Access reflect the goals of the Express Lanes volume changes on a total and Demonstration Project set forth in percentage-change basis annually, An electronic copy of this document Federal law at SAFETEA–LU Section broken into daily averages, for daily may be downloaded from the Federal 1604(b). total, by a.m. peak, off-peak, and p.m. Register’s home page at: http:// I. Effects on travel, traffic, and air peak the managed lanes by direction. www.archives.gov and the Government quality. • Report traffic speeds and traffic Printing Office’s database at: http:// II. Distribution of benefits and speed differences from the previous year www.access.gpo.gov/nara. burdens. (on a total and percentage-change basis)
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annually, broken into daily averages, for utilizing the corridor after tolling 6. Methodology for Determining daily total, by a.m. peak, off-peak, and begins. Baseline Measurements p.m. peak for the managed lanes by 7. Annual Monitoring Program 4. Application of Revenue Reinvestment direction. Measurement Processes and Procedures (II, IV) • Report actual number of incidents 8. Coordination with other and identify the effect on lane • Report breakdown of the use of Transportation Providers availability for the managed lanes revenues. 9. Reference Documentation Listing as during this time, including the length of • Report percentage of revenue used Applicable time each such lane was unavailable. to mitigate impacts. II. Monitoring and Reporting Annual 2. Changes in Mode Split/Ridership/ 5. Change in Criteria Pollutant Report Vehicle Occupancies of Priced vs. Emissions for the Region (I) The annual monitoring and reporting General Purpose Lanes (I, II, III) • Report on the concentrations of six program measurement processes and procedures will be documented in an • Report number of declared HOVs criteria pollutants (particle pollution, annual report that shall include the for the year and differences from the ground-level ozone, carbon monoxide, following sections. previous year (on a total and percentage- sulfur oxides, nitrogen oxides, and lead) during the current year and differences 1. Project Information change basis), broken into daily 2. Performance Highlights averages, by a.m. peak and p.m. peak for from the previous year (on a total and 3. Performance Summary managed lanes. percentage-change basis) utilizing 4. Performance Details • Report number of buses (i.e. reasonably available and reliable air registered non-revenue accounts) for the quality reporting tools and mechanisms. D. Timeline and Process for Submission • year and differences from the previous Utilize the results of the core of ELDP Monitoring Report year (on a total and percentage-change performance sub-elements B.I(a) The annual reporting period for the basis), broken into daily averages, by (Travel-time reliability in tolled lanes) Express Lanes Demonstration Program a.m. peak, off-peak, and p.m. peak for and B.III(a) (Changes in mode split/ is between January 1st and December managed lanes. ridership/vehicle occupancies of tolled 31st of each year. Data collected and • Report average toll charged for the vs. general purpose lanes) to the extent reported will align with this time year and differences from the previous possible to assist in utilizing the period. The first year’s data after tolling year (on a total and percentage-change NCTCOG’s air quality modeling tools commences will be data collected from basis), by vehicle type, broken into daily and mechanisms to demonstrate any the date of service commencement to averages, by a.m. peak, off-peak, and reductions in criteria pollutant December 31st of that year.TxDOT’s p.m. peak for managed lanes. emissions. submission to FHWA of the Monitoring • If reasonably available, report C. Monitoring and Reporting Program and Reporting Annual Report will occur ridership volumes for the year and no later than March 31st of each year. differences from the previous year (on a I. Performance Monitoring and Authority: Section 1604(b)(7) of the Safe, total and percentage-change basis), by Evaluation Manual Accountable, Flexible, Efficient vehicle type; SOV, HOV2+, HOV3+, Prior to commencement of pricing Transportation Equity Act: A Legacy for Bus, Van Pool and Other, broken into operations on the facility, TxDOT will Users (SAFETEA–LU) (Pub. L. 109–59; Aug. 10, 2005). daily averages by a.m. peak, off-peak, prepare a Performance Monitoring and and p.m. peak for the general purpose Evaluation Manual document that will Issued on: January 8, 2009. lanes, managed lanes, and parallel describe the information to be collected, Thomas J. Madison, Jr., access roads as applicable. the methodology for identifying baseline Federal Highway Administrator. • Report on the amount of vehicle values and approach for developing the [FR Doc. E9–1174 Filed 1–21–09; 8:45 am] miles traveled (VMT) for the year and annual reports that assess facility BILLING CODE 4910–22–P differences from the previous year (on a performance. It will serve as a tool to total and percentage-change basis), by facilitate achievement of the vehicle type; SOV, HOV2+, HOV3+, performance goals identified in Part A DEPARTMENT OF TRANSPORTATION Bus, Van Pool and Other, broken into by documenting the program for regular daily averages by a.m. peak, off-peak, monitoring and reporting to be utilized Federal Railroad Administration and p.m. peak on the managed lanes. in the assessment of the Core Petition for Waiver of Compliance • Report Metropolitan Planning Performance Measures identified in Part Organization (MPO) rideshare B. In accordance with Part 211 of Title payments, HOV subsidy and other The Performance Monitoring and 49 Code of Federal Regulations (CFR), disbursements. Evaluation Manual will be in the form notice is hereby given that the Federal of an instruction manual, and will Railroad Administration (FRA) has 3. Transit Schedule Adherence (II, III) address the following subject areas. received a request for a waiver of • To the extent the information is 1. Project Overview compliance from certain requirements reasonably available, report on transit 2. Purpose and Need of its safety standards. The individual service reliability—percentage of on- 3. Organization of Document petition is described below, including time performance of transit service. 4. Overview of Project Goals the party seeking relief, the regulatory • To the extent the information is 5. Overview of Core Performance provisions involved, the nature of the reasonably available, report on any Measures relief being requested, and the existing bus transit routes or sanctioned a. Key Questions and definition of petitioner’s arguments in favor of relief. van-pool accounts utilizing the corridor Core Performance Measures Iowa Interstate Railroad in advance of opening the project for b. Description of how specific tolling. This is to be used as a reported information relates to Core [Docket Number FRA–2008–0105] benchmark for added bus transit routes Performance Measures and Performance The Iowa Interstate Railroad (IAIS), a or sanctioned van-pool accounts Goals Class III Railroad, petitioned for a
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waiver of compliance from certain • Web site: http:// Iowa Interstate Railroad provisions of the steam locomotive www.regulations.gov. Follow the online [Docket Number FRA–2008–0098] safety standards as prescribed by CFR instructions for submitting comments. The Iowa Interstate Railroad (IAIS), a 230.105(a) Lateral motion, for two steam • Fax: 202–493–2251. locomotives used in tourist/excursion Class III Railroad, petitioned for a • service. Specifically, this waiver request Mail: Docket Operations Facility, waiver of compliance from certain applies to locomotives number RDC U.S. Department of Transportation, 1200 provisions of the safety glazing 6988 and 7081. These Class QJ, 2–10– New Jersey Avenue, SE., W12–140, standards as prescribed by 49 CFR * 2 locomotives were built by the Datong Washington, DC 20590. 223.15 Requirements for existing passenger cars, for 14 open-window Locomotive Works, China. The Datong • Hand Delivery: 1200 New Jersey coach cars used in tourist/excursion Works constructed 4,714 locomotives of Avenue, SE., Room W12–140, service. Specifically the car numbers this type between 1967 and 1988. The Washington, DC 20590, between 9 a.m. are: RRDX 804, 806, 810, 814, 816, 819, maximum operating speed for this type and 5 p.m., Monday through Friday, 820, 822, 826, 831, 834, 836, 837, and of locomotive is 50 mph. except Federal holidays. Both locomotive numbers 6988 and 838. These cars were built by the 7081 received a standard 250,000 km Communications received within 45 Canadian Car & Foundry Company in overhaul, a Class 3 repair, in China prior days of the date of this notice will be 1953, for the Canadian Pacific Railway, to being shipped to the United States. considered by FRA before final action is and used in Montreal, Quebec, in The manufacturer’s specifications for taken. Comments received after that commuter service until 2005. the QJ Class locomotive require a total date will be considered as far as The cars were purchased by the lateral clearance of 20 mm (0.787 inch) practicable. All written communications parent company of IAIS, Railroad on the number 1 and 5 driving axle, concerning these proceedings are Development Corporation in the fall of with a 4 mm (0.157 inch) clearance for available for examination during regular 2006, for excursion service on an the three center axles (no. 2–4). All tire business hours (9 a.m.–5 p.m.) at the infrequent basis. The trains are back-to-back spacing is at 1,252 mm above facility. All documents in the proposed to be locomotive-hauled and (53.267 inches). The purpose for this public docket are also available for operate over a mixture of urban/rural specification is to allow a locomotive inspection and copying on the Internet areas at speeds up to 45 mph. The with a long rigid wheelbase to negotiate at the docket facility’s Web site at glazing in these coaches are made of a curve up to 15.2 degrees. The lateral http://www.regulations.gov. Lexan® polycarbonate plastic, and meet wear limit for all driving axles is 10 mm Anyone is able to search the the requirement for Canadian passenger (0.393 inch) over the original electronic form of any written equipment glazing, but may not meet dimensions. In summary, by design and communications and comments the requirements of 49 CFR Part 223. as built, model QJ locomotive exceeds received into any of our dockets by the Since the cars were purchased and the U.S. limit of 0.75 inch for allowable name of the individual submitting the delivered to IAIS, there have been no lateral clearance for driving axles comment (or signing the comment, if acts of vandalism against the glazing. number 1 and 5 as specified by 49 CFR submitted on behalf of an association, Interested parties are invited to § 230.105(a) business, labor union, etc.). You may participate in these proceedings by IAIS requests relief from the review DOT’s complete Privacy Act submitting written views, data, or requirements of 49 CFR 230.105(a) for Statement in the Federal Register comments. FRA does not anticipate driving axles numbers 1 and 5 to allow published on April 11, 2000 (Volume scheduling a public hearing in for a maximum lateral clearance of up 65, Number 70; Pages 19477–78). connection with these proceedings since to 30 mm (1.181 inches). This is the facts do not appear to warrant a consistent with the manufacturer’s Issued in Washington, DC on January 14, hearing. If any interested party desires design specification, and the operating 2009. an opportunity for oral comment, they experience of the China National Grady C. Cothen, Jr., should notify FRA, in writing, before Railway. In addition, the locomotive Deputy Associate Administrator for Safety the end of the comment period and will be maintained in accordance with Standards and Program Development. specify the basis for their request. the requirements of 49 CFR 230.105(c) [FR Doc. E9–1202 Filed 1–21–09; 8:45 am] All communications concerning these to ensure that no part of the running BILLING CODE 4910–06–P proceedings should identify the gear interfere with any other part of the appropriate docket number (e.g., Waiver steam locomotive. Petition Docket Number FRA–2008– Interested parties are invited to DEPARTMENT OF TRANSPORTATION 0098) and may be submitted by any of participate in these proceedings by the following methods: submitting written views, data, or Federal Railroad Administration • Web site: http:// comments. FRA does not anticipate www.regulations.gov. Follow the online scheduling a public hearing in Petition for Waiver of Compliance instructions for submitting comments. connection with these proceedings since • Fax: 202–493–2251. the facts do not appear to warrant a In accordance with Part 211 of Title • Mail: Docket Operations Facility, hearing. If any interested party desires 49 Code of Federal Regulations (CFR), U.S. Department of Transportation, 1200 an opportunity for oral comment, they notice is hereby given that the Federal New Jersey Avenue, SE., W12–140, should notify FRA, in writing, before Railroad Administration (FRA) has Washington, DC 20590. the end of the comment period and received a request for a waiver of • Hand Delivery: 1200 New Jersey specify the basis for their request. compliance from certain requirements Avenue, SE., Room W12–140, All communications concerning these of its safety standards. The individual Washington, DC 20590, between 9 a.m. proceedings should identify the petition is described below, including and 5 p.m., Monday through Friday, appropriate docket number (e.g., Waiver the party seeking relief, the regulatory except Federal holidays. Petition Docket Number FRA–2008– provisions involved, the nature of the Communications received within 45 0105) and may be submitted by any of relief being requested, and the days of the date of this notice will be the following methods: petitioner’s arguments in favor of relief. considered by FRA before final action is
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taken. Comments received after that failure that could impair the ability of Washington, DC 20590, between 9 a.m. date will be considered as far as the engineer to apply or release the and 5 p.m., Monday through Friday, practicable. All written communications brakes; or (ii) Access to direct manual except Federal holidays. concerning these proceedings are control of the primary braking system Communications received within 45 available for examination during regular (both service and emergency braking) days of the date of this notice will be business hours (9 a.m.–5 p.m.) at the shall be provided to the engineer.’’ considered by FRA before final action is above facility. All documents in the This waiver is for over 1,000 M–7 taken. Comments received after that public docket are also available for electric MU’s already being operated date will be considered as far as inspection and copying on the Internet over LIRR and MNCW. The braking practicable. All written communications at the docket facility’s Web site at software provided by the manufacturer concerning these proceedings are http://www.regulations.gov. only partly meets the above available for examination during regular Anyone is able to search the requirements. The railroad requests that business hours (9 a.m.–5 p.m.) at the electronic form of any written an application of only emergency brakes above facility. All documents in the communications and comments in the event of a loss of power, or failure public docket are also available for received into any of our dockets by the (hardware and software), of the friction inspection and copying on the Internet name of the individual submitting the brake control unit be allowed in lieu of at the docket facility’s Web site at comment (or signing the comment, if either the requirement for a full service http://www.regulations.gov. brake application or restoration of direct submitted on behalf of an association, Anyone is able to search the manual control of the primary braking business, labor union, etc.). You may electronic form of any written system to the operator. review DOT’s complete Privacy Act communications and comments Statement in the Federal Register The electric MU locomotives brake systems were provided by Knorr Brake received into any of our dockets by the published on April 11, 2000 (Volume name of the individual submitting the 65, Number 70; Pages 19477–78). Corporation and the electronic control logic was provided by Mitsubishi comment (or signing the comment, if Issued in Washington, DC, on January 14, Electric Company. The railroad explains submitted on behalf of an association, 2009. in their petition that the full service business, labor union, etc.). You may Grady C. Cothen, Jr., brake application is transmitted review DOT’s complete Privacy Act Deputy Associate Administrator for Safety electronically to an analog converter Statement in the Federal Register Standards and Program Development. which provides pneumatic brake force published on April 11, 2000 (Volume [FR Doc. E9–1203 Filed 1–21–09; 8:45 am] through application and release magnet 65, Number 70; Pages 19477–78). BILLING CODE 4910–06–P valves. Emergency brake function is Issued in Washington, DC on January 14, provided by venting brake pipe to 2009. initiate a trainline brake application. Grady C. Cothen, Jr., DEPARTMENT OF TRANSPORTATION Emergency brake application can be Deputy Associate Administrator for Safety Federal Railroad Administration initiated via the Master Controller, the Standards and Program Development. B3C conductors valve, or by loss of [FR Doc. E9–1216 Filed 1–21–09; 8:45 am] Petition for Waiver of Compliance trainline power to the emergency BILLING CODE 4910–06–P magnet valve circuit causing trainline to In accordance with Part 211 of Title vent to atmosphere causing the brakes 49 Code of Federal Regulations (CFR), over the entire consist to apply at an DEPARTMENT OF TRANSPORTATION notice is hereby given that the Federal emergency rate. Railroad Administration (FRA) has Interested parties are invited to Federal Railroad Administration received a request for a waiver of participate in these proceedings by compliance from certain requirements submitting written views, data, or Petition for Waiver of Compliance of its safety standards. The individual comments. FRA does not anticipate petition is described below, including In accordance with Part 211 of Title scheduling a public hearing in 49 Code of Federal Regulations (CFR), the party seeking relief, the regulatory connection with these proceedings since provisions involved, the nature of the notice is hereby given that the Federal the facts do not appear to warrant a Railroad Administration (FRA) received relief being requested, and the hearing. If any interested party desires petitioner’s arguments in favor of relief. a request for a waiver of compliance an opportunity for oral comment, they from certain requirements of its safety Metropolitan Transit Authority should notify FRA, in writing, before standards. The individual petition is the end of the comment period and described below, including the party [Waiver Petition Docket Number FRA–2008– specify the basis for their request. 0156] seeking relief, the regulatory provisions All communications concerning these involved, the nature of the relief being The Metropolitan Transit Authority proceedings should identify the (MTA), on behalf of the Long Island Rail requested, and the petitioner’s appropriate docket number (e.g., Waiver arguments in favor of relief. Road (LIRR) and Metro-North Commuter Petition Docket Number FRA–2008– Rail (MNCW), seeks approval for a 0156) and may be submitted by any of New Jersey Transit Rail waiver of compliance with the the following methods: [Docket Number FRA–2008–0097] requirements of the Passenger • Web site: http:// Equipment Safety Standards contained www.regulations.gov. Follow the online The New Jersey Transit Rail (NJ in 49 CFR 238.105(d)(1), train electronic instructions for submitting comments. Transit) seeks a waiver of compliance hardware and software safety. Section • Fax: 202–493–2251. from certain provisions of 49 CFR Part 49 CFR 238.105(d)(1) states that: • Mail: Docket Operations Facility, 218, Railroad Operating Practices. ‘‘Hardware and software that controls U.S. Department of Transportation, 1200 Specifically, NJ Transit is requesting a or monitors a train’s primary braking New Jersey Avenue, S.E., W12–140, waiver of Blue Signal Requirements as system shall either: (I) Fail safely by Washington, DC 20590. prescribed in 49 CFR 218.29(c)(1) at initiating a full service brake application • Hand Delivery: 1200 New Jersey their Morrisville Yard facility located in in the event of a hardware or software Avenue, SE., Room W12–140, Morrisville, PA.
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Equipment servicing and storage Interested parties are invited to DEPARTMENT OF TRANSPORTATION facilities (yards) on NJ Transit have participate in these proceedings by often evolved from older facilities with submitting written views, data, or Federal Railroad Administration limited area for expansion. Tack lengths comments. FRA does not anticipate Petition for Waiver of Compliance are limited, while equipment consists scheduling a public hearing in have been lengthened to accommodate connection with these proceedings since In accordance with Part 211 of Title increased passenger ridership. Newer the facts do not appear to warrant a facilities are restricted by the cost or 49 Code of Federal Regulations (CFR), hearing. If any interested party desires notice is hereby given that the Federal unavailability of required land. an opportunity for oral comment, they Therefore, at certain locations, track Railroad Administration (FRA) received should notify FRA, in writing, before a request for a waiver of compliance must typically be utilized to its the end of the comment period and capacity. with certain requirements of its safety specify the basis for their request. standards. The individual petition is Morrisville Yard is a facility where All communications concerning these described below, including the party the tracks are utilized to capacity. The proceedings should identify the seeking relief, the regulatory provisions current Mechanical Department appropriate docket number (e.g., Waiver involved, the nature of the relief being workforce at this facility includes requested, and the petitioner’s approximately 200 employees servicing Petition Docket Number FRA–2008– arguments in favor of relief. approximately 30 trains per day. The 0097) and may be submitted by any of allotted times for servicing equipment is the following methods: Port Authority Trans-Hudson restricted due to train availablity, time • Web site: http:// Corporation www.regulations.gov. Follow the online of day, and train scheduling [Docket Number FRA–2008–0143] requirements. Currently, there are 18 instructions for submitting comments. tracks utilized for inspection, servicing, • Fax: 202–493–2251. The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver of and repair, which require Blue Signal • Protection. The maximum track space Mail: Docket Operations Facility, compliance from certain provisions of on each track is being used to U.S. Department of Transportation, 1200 Safety Appliance Standards, Title 49 accommodate the current length of the New Jersey Avenue, SE., W12–140, CFR Part 231, that requires a sill step, train consists. A Transportation Washington, DC 20590. a side and end handhold, handbrake, Department Yardmaster is responsible • Hand Delivery: 1200 New Jersey end handrails, side door steps and for controlling train movements within Avenue, SE., Room W12–140, uncoupling levers on newly built PA–5 the facility, and to coordinate Washington, DC 20590, between 9 a.m. cars. Specifically, PATH’s request is to maintenance with the Mechanical and 5 p.m., Monday through Friday, use an alternate compliance of safety Department. Since these 18 tracks are except Federal holidays. appliance arrangements for the production of PATH’s new fleet of not under the control of the Mechanical Communications received within 30 Department, if a derail is used for the passenger cars in passenger train days of the date of this notice will be service. protection of workers, Federal law considered by FRA before final action is requires the derail to be placed 150 feet taken. Comments received after that PATH operates on 13.8 miles of an away from the equipment requiring Blue date will be considered as far as interstate rail transit system between Signal Protection. This greatly restricts practicable. All written communications five major terminals and eight the train lengths that can be placed on concerning these proceedings are intermediate stations linking New Jersey these tracks. In addition, lining and available for examination during regular and New York. The PATH system is a locking a track switch away from the business hours (9 a.m.–5 p.m.) at the closed system, does not interchange and track being protected will restrict the has no highway rail crossings. Currently above facility. All documents in the amount of equipment that can be PATH is an inter-urban rapid transit public docket are also available for simultaneously inspected, serviced, or system operating 326 electrically inspection and copying on the Internet repaired. powered, multiple unit vehicles that at the docket facility’s Web site at NJ Transit believes that the current 5 receive 650 volts transmitted by third http://www.regulations.gov. mph speed limit in effect at the rail of similar comparable design. PATH Morrisville facility along with Anyone is able to search the operates with relatively short headways positioning a locked derail 50 feet from electronic form of any written and high platforms over a system that the equipment being protected, as communications and comments one-half of which is located in tunnels prescribed in § 218.29(a)(4), will received into any of our dockets by the below ground level carrying 250,000 provide effective Blue Signal Protection name of the individual submitting the passengers in a 24-hour period. There is for employees working on the comment (or signing the comment, if no interchange of car equipment equipment. In addition, a submitted on behalf of an association, between PATH and any rapid transit Transportation Department Yardmaster business, labor union, etc.). You may system or railroad. Because of the is on duty 24 hours a day, seven days review DOT’s complete Privacy Act unique characteristics of PATH, that is a week, to control train movements and Statement in the Federal Register more representative of an inter-urban coordinate maintenance activities with published on April 11, 2000 (Volume rapid transit system, PATH requests Mechanical Department Supervisors. NJ 65, Number 70; Pages 19477–78). waiver of certain provisions of FRA Transit Timetable Special Instructions requirements related to safety Issued in Washington, DC on January 14, restricts the speed of Morrisville facility appliances which they believe are not 2009. tracks 1–18 to not more than 5 mph. NJ totally applicable. PATH also believes Transit declares that this waiver is Grady C. Cothen, Jr., that in the past, FRA, while asserting needed to ensure timely inspections, Deputy Associate Administrator for Safety jurisdiction over PATH, has servicing, and repairs to trains, so that Standards and Program Development. acknowledged that PATH’s operations they can meet the needs of their [FR Doc. E9–1222 Filed 1–21–09; 8:45 am] are analogous to that of an inter-urban customers. BILLING CODE 4910–06–P rapid transit system.
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Interested parties are invited to DEPARTMENT OF TRANSPORTATION Railway. In addition, the locomotive participate in these proceedings by will be maintained in accordance with submitting written views, data, or Federal Railroad Administration the requirements of 49 CFR 230.105(c) comments. FRA does not anticipate to ensure that no part of the running Petition for Waiver of Compliance scheduling a public hearing in gear interfere with any other part of the connection with these proceedings since In accordance with Part 211 of Title steam locomotive. the facts do not appear to warrant a 49 Code of Federal Regulations (CFR), Interested parties are invited to hearing. If any interested party desires notice is hereby given that the Federal participate in these proceedings by an opportunity for oral comment, they Railroad Administration (FRA) has submitting written views, data, or should notify FRA, in writing, before received a request for a waiver of comments. FRA does not anticipate the end of the comment period and compliance from certain requirements scheduling a public hearing in of its safety standards. The individual specify the basis for their request. connection with these proceedings since petition is described below, including All communications concerning these the facts do not appear to warrant a the party seeking relief, the regulatory proceedings should identify the hearing. If any interested party desires provisions involved, the nature of the appropriate docket number (e.g., Waiver an opportunity for oral comment, they Petition Docket Number 2008–0143) and relief being requested, and the petitioner’s arguments in favor of relief. should notify FRA, in writing, before may be submitted by any of the the end of the comment period and following methods: R. J. Corman Railroad specify the basis for their request. • Web site: http:// [Docket Number FRA–2008–0099] All communications concerning these www.regulations.gov. Follow the online R.J. Corman (RJC), a Class III Railroad, proceedings should identify the instructions for submitting comments. petitioned for waiver of compliance appropriate docket number (e.g., Waiver • Fax: 202–493–2251. from certain provisions of the steam Petition Docket Number FRA–2008– • Mail: Docket Operations Facility, locomotive safety standards as 0099) and may be submitted by any of U.S. Department of Transportation, 1200 prescribed by 49 CFR 230.105(a) Lateral the following methods: motion, for one steam locomotive used New Jersey Avenue, SE., W12–140, • Web site: http:// in tourist/excursion service. Washington, DC 20590. www.regulations.gov. Follow the online Specifically, this waiver request applies • Hand Delivery: 1200 New Jersey to locomotive number RJC 2008, with instructions for submitting comments. Avenue, SE., Room W12–140, boiler number 7040. The Class QJ, 2– • Fax: 202–493–2251. Washington, DC 20590, between 9 a.m. 10–2 locomotives were built by the • Mail: Docket Operations Facility, and 5 p.m., Monday through Friday, Datong Locomotive Works, China. The U.S. Department of Transportation, 1200 except Federal Holidays. Datong Works constructed 4,714 New Jersey Avenue, SE., W12–140, Communications received within 45 locomotives of this type between 1967 Washington, DC 20590. days of the date of this notice will be and 1988. The maximum operating • Hand Delivery: 1200 New Jersey considered by FRA before final action is speed for this type of locomotive is 50 Avenue, SE., Room W12–140, taken. Comments received after that mph. Washington, DC 20590, between 9 a.m. date will be considered as far as Locomotive number RJC 2008 and 5 p.m., Monday through Friday, practicable. All written communications received a standard 250,000 km except Federal holidays. concerning these proceedings are overhaul, a Class 3 repair in China prior available for examination during regular to being shipped to the United States. Communications received within 45 business hours (9 a.m.–5 p.m.) at the The manufacturer’s specifications for days of the date of this notice will be above facility. All documents in the the QJ Class locomotive require a total considered by FRA before final action is public docket are also available for lateral clearance of 20 mm (0.787 inch) taken. Comments received after that inspection and copying on the Internet on the number 1 and 5 driving axle, date will be considered as far as with a 4 mm (0.157 inch) clearance for at the docket facility’s Web site at practicable. All written communications the three center axles (no. 2–4). All tire http://www.regulations.gov. concerning these proceedings are back-to-back spacing is at 1,252 mm available for examination during regular Anyone is able to search the (53.267 inches). The purpose for this business hours (9 a.m.–5 p.m.) at the electronic form of any written specification is to allow a locomotive communications and comments with a long rigid wheelbase to negotiate above facility. All documents in the received into any of our dockets by the a curve up to 15.2 degrees. The lateral public docket are also available for name of the individual submitting the wear limit for all driving axles is 10 mm inspection and copying on the Internet comment (or signing the comment, if (0.393 inch) over the original at the docket facility’s Web site at submitted on behalf of an association, dimensions. In summary, by design and http://www.regulations.gov. business, labor union, etc.). You may as built, model QJ locomotive exceeds Anyone is able to search the review DOT’s complete Privacy Act the U.S. limit of 0.75 inch for allowable electronic form of any written Statement in the Federal Register lateral clearance for driving axles communications and comments published on April 11, 2000 (Volume number 1 and 5 as specified by 49 CFR received into any of our dockets by the 65, Number 70; Pages 19477–78). 230.105(a). name of the individual submitting the RJC requests relief from the Issued in Washington, DC on January 14, comment (or signing the comment, if requirements of 49 CFR 230.105(a) for 2009. submitted on behalf of an association, driving axles numbers 1 and 5 to allow business, labor union, etc.). You may Grady C. Cothen, Jr., for a maximum lateral clearance of up Deputy Associate Administrator for Safety review DOT’s complete Privacy Act to 30 mm (1.181 inches). This is Statement in the Federal Register Standards and Program Development. consistent with the manufacturer’s published on April 11, 2000 (Volume [FR Doc. E9–1223 Filed 1–21–09; 8:45 am] design specification, and the operating 65, Number 70; Pages 19477–78). BILLING CODE 4910–06–P experience of the China National
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Issued in Washington, DC, on January 14, 0.49 percent of the inspections revealed Communications received within 45 2009. FRA defects. UP’s expanded use of days of the date of this notice will be Grady C. Cothen, Jr., wayside detection technologies has considered by FRA before final action is Deputy Associate Administrator for Safety allowed UP to further improve safety by taken. Comments received after that Standards and Program Development. enabling it to identify defects not date will be considered as far as [FR Doc. E9–1204 Filed 1–21–09; 8:45 am] readily identified by train inspections. practicable. All written communications BILLING CODE 4910–06–P Of further note, UP points out that concerning these proceedings are Canadian rail operators have been available for examination during regular permitted to operate certain trains from business hours (9 a.m.—5 p.m.) at the DEPARTMENT OF TRANSPORTATION origin to destination within Canada, above facility. All documents in the without undergoing intermediate brake public docket are also available for Federal Railroad Administration test and train inspections. While this inspection and copying on the Internet allows Canadian operators to operate at the docket facility’s Web site at Petition for Waiver of Compliance some trains distances of more than http://www.regulations.gov. In accordance with Part 211 of Title 2,000 miles without undergoing Anyone is able to search the 49 Code of Federal Regulations (CFR), intermediate inspections, the change electronic form of any written notice is hereby given that the Federal has not resulted in adverse safety communications and comments Railroad Administration (FRA) received effects. received into any of our dockets by the a request for a waiver of compliance UP claims that granting this request name of the individual submitting the from certain requirements of its safety will give UP the flexibility it needs to comment (or signing the comment, if standards. The individual petition is concentrate its train inspections at submitted on behalf of an association, described below, including the party terminals with greatest resources, which business, labor union, etc.). You may seeking relief, the regulatory provisions are best equipped to perform review DOT’s complete Privacy Act involved, the nature of the relief being inspections in a safe expeditious Statement in the Federal Register requested, and the petitioner’s manner. It would also lead to improved published on April 11, 2000 (Volume arguments in favor of relief. operating efficiencies and increased 65, Number 70; Pages 19477–78). train velocities. The resulting decrease Union Pacific Railroad Company Issued in Washington, DC on January 14, in en route delays would have the 2009. [Docket Number FRA–2008–0165] added benefit of allowing train crews to Grady C. Cothen, Jr., complete their journeys in shorter The Union Pacific Railroad Company Deputy Associate Administrator for Safety (UP) seeks a waiver of compliance from amounts of time and reduce fuel Standards and Program Development. consumption. UP estimates that if this certain provisions of of 49 CFR Part 232, [FR Doc. E9–1218 Filed 1–21–09; 8:45 am] waiver is granted, they will save Brake System Safety Standards for BILLING CODE 4910–06–P Freight and Other Non-Passenger Trains approximately 350,000 gallons of fuel and Equipment. Specifically, UP is annually through the elimination of requesting a waiver of 49 CFR 232.213, certain inspections at Elko, NV, DEPARTMENT OF TRANSPORTATION Extended Haul Trains, to the extent Pocatello, ID, and Salt Lake City, UT. necessary to allow UP to operate certain Interested parties are invited to Pipeline and Hazardous Materials trains up to 1,800 miles between Class participate in these proceedings by Safety Administration I brake inspections. The current submitting written views, data, or regulation restricts extended haul train comments. FRA does not anticipate Office of Hazardous Materials Safety; movements to 1,500 miles. scheduling a public hearing in Notice of Delays in Processing of UP states that if this request is connection with these proceedings since Special Permits Applications granted, they would utilize it to operate the facts do not appear to warrant a AGENCY: approximately 50 such trains each day. hearing. If any interested party desires Pipeline and Hazardous Most of these trains are coal and an opportunity for oral comment, they Materials Safety Administration intermodal trains, along with some should notify FRA, in writing, before (PHMSA), DOT. automotive trains. UP commits to the end of the comment period and ACTION: List of applications delayed complying with all other provisions of specify the basis for their request. more than 180 days. § 232.213 using qualified UP All communications concerning these mechanical inspectors. UP also states proceedings should identify the SUMMARY: In accordance with the that if this waiver is approved, no UP appropriate docket number (e.g., Waiver requirements of 49 U.S.C. 5117(c), employee in active service at points Petition Docket Number FRA–2008– PHMSA is publishing the following list where train inspections will no longer 0165) and may be submitted by any of of special permit applications that have be performed, due to this waiver, will be the following methods: been in process for 180 days or more. furloughed as a result of the waiver. UP • Web site: http:// The reason(s) for delay and the expected claims that they have provided this www.regulations.gov. Follow the online completion date for action on each commitment in writing to the instructions for submitting comments. application is provided in association Brotherhood of Railway Carmen. • Fax: 202–493–2251. with each identified application. However, UP retains the right to relocate • Mail: Docket Operations Facility, FOR FURTHER INFORMATION CONTACT: such employees if necessary. U.S. Department of Transportation, 1200 Delmer F. Billings, Director, Office of UP believes this request is justified New Jersey Avenue, SE., W12–140, Hazardous Materials Special Permits because they experience low defect rates Washington, DC 20590. and Approvals, Pipeline and Hazardous on extended haul trains that are • Hand Delivery: 1200 New Jersey Materials Safety Administration, U.S. currently operating in coal, intermodal, Avenue, SE., Room W12–140, Department of Transportation, East and automotive service. Of the 15,911 Washington, DC 20590, between 9 a.m. Building, PHH–30, 1200 New Jersey inspections performed on extended haul and 5 p.m., Monday through Friday, Avenue, SE., Washington, DC 20590– trains during a three year period, only except Federal holidays. 0001, (202) 366–4535.
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Key to ‘‘Reason for Delay’’ precedent-setting and requires extensive M—Modification request. analysis. 1. Awaiting additional information PM—Party to application with 4. Staff review delayed by other modification request. from applicant. priority issues or volume of special 2. Extensive public comment under permit applications. Issued in Washington, DC, on January 13, 2009. review. Meaning of Application Number Delmer F. Billings, Suffixes 3. Application is technically complex Director, Office of Hazardous Materials, and is of significant impact or N—New application. Special Permits and Approvals.
Reason Estimated date Application number Applicant for delay of completion
Modification to Special Permits
14167–M ...... Trinityrail, Dallas, TX ...... 4 02–28–2009 8723–M ...... Alaska Pacific Power Company, Anchorage, AK ...... 1 02–28–2009
New Special Permit Applications
14668–N ...... Lincoln Composites, Lincoln, NE ...... 1 02–28–2009 14689–N ...... Trinity Industries, Inc., Dallas, TX ...... 2, 3 02–28–2009 14733–N ...... GTM Technologies, Inc., San Francisco, CA ...... 1, 3 03–31–2009
[FR Doc. E9–1010 Filed 1–21–09; 8:45 am] 2000 (Pub. L. 106–554) and amended by described in Section III.A.2(a), BILLING CODE 4910–60–M section 221 of the American Jobs applicants that have received NMTC Creation Act of 2004 (Pub. L. 108–357), allocation awards in previous rounds section 101 of the Gulf Opportunity are required to meet minimum Qualified DEPARTMENT OF THE TREASURY Zone Act of 2005 (Pub. L. 108–357), and Equity Investment (QEI) issuance Division A, section 102 of the Tax Relief thresholds with respect to their prior- Community Development Financial and Health Care Act of 2006 (Pub. L. year allocations. The CDFI Fund has Institutions Fund 109–432) (the Act). Through the NMTC adjusted some of these QEI Program, the Fund provides authority to requirements, in response to credit New Markets Tax Credit Program CDEs to offer an incentive to investors market conditions at the time of the Funding Opportunity Title: Notice of in the form of tax credits over seven publication of this NOAA. Allocation Availability (NOAA) Inviting years, which is expected to stimulate B. Program guidance and regulations: Applications for the CY 2009 Allocation the provision of private investment This NOAA provides guidance for the Round of the New Markets Tax Credit capital that, in turn, will facilitate application and allocation of NMTCs for Program. economic and community development the seventh round of the NMTC Program Announcement Type: Initial in Low-Income Communities. Through and should be read in conjunction with: announcement of tax credit allocation this NOAA, the Fund announces the (i) Guidance published by the Fund on availability. availability of $3.5 billion of NMTC how an entity may apply to become Dates: Electronic applications must be authority authorized by the Act. certified as a CDE (66 FR 65806, received by 5 p.m. ET on April 8, 2009. In this NOAA, the Fund specifically December 20, 2001); (ii) the final Applications sent by mail, facsimile or addresses how an entity may apply to regulations issued by the Internal other form will not be accepted. The receive an allocation of NMTCs, the Revenue Service (26 CFR 1.45D–1, Community Development Financial competitive procedure through which published on December 28, 2004) and Institutions Fund (the Fund) will not NMTC Allocations will be made, and related guidance, notices and other accept applications in paper form, other the actions that will be taken to ensure publications; and (iii) the application than the assigned signature page and that proper allocations are made to and related materials for this seventh certain paper attachments (see Section appropriate entities. NMTC Program allocation round. All IV.D. of this NOAA for more details). such materials may be found on the I. Allocation Availability Description Applications must meet all eligibility Fund’s Web site at http:// and other requirements and deadlines, A. Programmatic changes: www.cdfifund.gov. as applicable, set forth in this NOAA. 1. Allocation Amounts. As described The Fund encourages applicants to Allocation applicants that are not yet in Section IIA, the Fund anticipates that review these documents. Capitalized certified as Community Development it will provide allocation awards of not terms used, but not defined, in this Entities (CDEs) must submit an more than $100 million per applicant. NOAA shall have the respective application for certification as a CDE This current $100 million cap is a meanings assigned to them in the that is postmarked on or before March reduction from the 2008 round cap of allocation application, IRC § 45D or the 3, 2009 (see Section III of this NOAA for $125 million. In the 2008 allocation IRS regulations. more details). round, 70 entities received allocations Executive Summary: This NOAA is totaling $3.5 billion. The Fund reduced II. Allocation Information issued in connection with the calendar the cap this year to better ensure a wider A. Allocation amounts: Pursuant to year 2009 tax credit allocation round of distribution of awards to the most the Act, the Fund expects that it may the New Markets Tax Credit (NMTC) highly qualified applicants. allocate to CDEs the authority to issue Program, as authorized by Title I, 2. Prior QEI Issuance Requirements. to their investors up to the aggregate subtitle C, section 121 of the In order to be eligible to apply for amount of $3.5 billion in equity as to Community Renewal Tax Relief Act of NMTC allocations in the 2009 round, as which NMTCs may be claimed, as
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permitted under IRC § 45D(f)(1)(D). a CDE on the Fund’s Web site on or from its investors for at least 80 percent Pursuant to this NOAA, the Fund before 5 p.m. ET on March 3, 2009. of its QEIs relating to its CY 2003–2004 anticipates that it will not issue more The Fund will not provide allocations NMTC Allocation; or (ii) issued and than $100 million in tax credit of NMTCs to applicants that are not received funds in-hand from its allocation authority per applicant. The certified as CDEs. See Section IV.D.1.(c) investors for at least 60 percent of its Fund, in its sole discretion, reserves the of this NOAA for further requirements QEIs and that 100 percent of its total CY right to allocate amounts in excess of or relating to postmarks. 2003–2004 NMTC Allocation has been less than the anticipated maximum If an applicant that has already been exchanged for funds in-hand from allocation amount should the Fund certified as a CDE wishes to change its investors, or has been committed by its deem it appropriate. In order to receive designated CDE service area, it must investors. an allocation in excess of the $100 submit its request for such a change to A prior Allocatee in the third round million cap, an applicant, at a the Fund; and the request must be of the NMTC Program (CY 2005) is not minimum, will need to demonstrate received by the Fund by 5 p.m. ET on eligible to receive a NMTC Allocation that: (i) No part of its strategy can be April 8, 2009. The CDE service area pursuant to this NOAA unless the successfully implemented without an change request must be sent from the Allocatee is able to affirmatively allocation in excess of the applicable applicant’s authorized representative demonstrate that, as of 11:59 p.m. ET on cap; or (ii) its strategy will produce and include the applicable CDE control June 17, 2009, it has: (i) Issued and extraordinary community impact. The number, the revised service area received funds in-hand from its Fund reserves the right to allocate tax designation, and an updated investors for at least 60 percent of its credit authority to any, all, or none of accountability chart that reflects QEIs relating to its CY 2005 NMTC the entities that submit an application representation from Low-Income Allocation; or (ii) issued and received in response to this NOAA, and in any Communities in the revised service area. funds in-hand from its investors for at amount it deems appropriate. The service area change request must be least 50 percent of its QEIs and that at B. Types of awards: NMTC Program sent by e-mail to [email protected] least 80 percent of its total CY 2005 awards are made in the form of tax or by facsimile to (202) 622–7754. NMTC Allocation has been exchanged credit authority. 2. Prior awardees or Allocatees: for funds in-hand from investors, or has C. Notice of Allocation and Allocation Applicants must be aware that success been committed by its investors. Agreement: Each Allocatee under this in a prior round of any of the Fund’s A prior Allocatee in the fourth round NOAA must sign a Notice of Allocation programs is not indicative of success of the NMTC Program (CY 2006) is not and an Allocation Agreement before the under this NOAA. For purposes of this eligible to receive a NMTC Allocation NMTC Allocation is effective. The section, the Fund will consider an pursuant to this NOAA unless the Notice of Allocation and the Allocation Affiliate to be any entity that meets the Allocatee is able to affirmatively Agreement contain the terms and definition of Affiliate as defined in the demonstrate that, as of 11:59 p.m. ET on conditions of the allocation. For further NMTC allocation application, or any June 17, 2009, it has: (i) Issued and information, see Section VI of this entity otherwise identified as an received funds in-hand from its NOAA. Affiliate by the applicant in its NMTC investors for at least 50 percent of its allocation application materials. Prior QEIs relating to its CY 2006 NMTC III. Eligibility awardees are eligible to apply under this Allocation; or (ii) issued and received A. Eligible applicants: IRC § 45D NOAA, except as follows: funds in-hand from its investors for at specifies certain eligibility requirements (a) Prior Allocatees and Qualified least 40 percent of its QEIs and that at that each applicant must meet to be Equity Investment (QEI) issuance least 80 percent of its total CY 2006 eligible to apply for an allocation of requirements: The following describes NMTC Allocation has been exchanged NMTCs. The following sets forth the QEI issuance requirements for funds in-hand from investors, or has additional detail and certain additional applicable to prior Allocatees, including been committed by its investors. dates that relate to the submission of those Allocatees that received A prior Allocatee (with the exception applications under this NOAA for the allocations pursuant to special of a GO Zone Allocatee) in the fifth $3.5 billion in general NMTC allocation allocation authority under the Gulf round of the NMTC Program (CY 2007) authority. Opportunity Zone Act of 2005 (‘‘GO is not eligible to receive a NMTC 1. CDE certification: For purposes of Zone Allocatees’’). Allocation pursuant to this NOAA this NOAA, the Fund will not consider A prior Allocatee in the first round of unless the Allocatee is able to an application for an allocation of the NMTC Program (CY 2001–2002) is affirmatively demonstrate that, as of NMTCs unless: (a) The applicant is not eligible to receive a NMTC 11:59 p.m. ET on June 17, 2009, it has: certified as a CDE at the time the Fund Allocation pursuant to this NOAA (i) Issued and received funds in-hand receives its NMTC Program allocation unless the Allocatee is able to from its investors for at least 50 percent application; or (b) the applicant submits affirmatively demonstrate that, as of of its QEIs relating to its CY 2006 NMTC an application for certification as a CDE 11:59 p.m. ET on June 17, 2009, it has Allocation; or (ii) issued and received that is postmarked on or before March issued and received funds in-hand (the funds in-hand from its investors for at 3, 2009. Applicants for certification may term ‘‘funds in-hand’’ does not include least 20 percent of its QEIs and that at obtain a CDE certification application committed funding) from its investors least 60 percent of its total CY 2007 through the Fund’s Web site at http:// for 95 percent of its QEIs relating to its NMTC Allocation has been exchanged www.cdfifund.gov. Applications for CDE CY 2001–2002 NMTC Allocation. for funds in-hand from investors, or has certification must be submitted as A prior Allocatee in the second round been committed by its investors. instructed in the application form. An of the NMTC Program (CY 2003–2004) A prior GO Zone Allocatee in the fifth applicant that is a community is not eligible to receive a NMTC round is not eligible to receive a NMTC development financial institution Allocation pursuant to this NOAA Allocation pursuant to this NOAA (CDFI) or a specialized small business unless the Allocatee is able to unless the Allocatee is able to investment company (SSBIC) does not affirmatively demonstrate that, as of affirmatively demonstrate that, as of need to submit a CDE certification 11:59 p.m. ET on June 17, 2009, it has: 11:59 p.m. ET on June 17, 2009, it has: application; however, it must register as (i) Issued and received funds in-hand (i) Issued and received funds in-hand
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from its investors for at least 20 percent Subsidiary transferees, if any, are incomplete reports or reports that are of its QEIs relating to its CY 2007 NMTC advised to access ATS to record each deficient of required elements will not Allocation. QEI that they issue to an investor in be recognized as having been received. A prior Allocatee (with the exception exchange for funds in-hand. For (c) Pending resolution of of a Rural CDE Allocatee) in the sixth purposes of this section of the NOAA, noncompliance: If an applicant is a round of the NMTC Program (CY 2008) ‘‘committed’’ QEIs are only those Equity prior awardee or Allocatee under any is not eligible to receive a NMTC Investments that are evidenced by a Fund program and if: (i) it has Allocation pursuant to this NOAA written, signed document in which an submitted complete and timely reports unless the Allocatee is able to investor: (i) Commits to make an to the Fund that demonstrate affirmatively demonstrate that, as of investment in the Allocatee in a noncompliance with a previous 11:59 p.m. ET on June 17, 2009, it has: specified amount and on specified assistance, award or Allocation (i) Issued and received funds in-hand terms; (ii) has made an initial Agreement; and (ii) the Fund has yet to from its investors for at least 30 percent disbursement of the investment make a final determination as to of its QEIs relating to its CY 2008 NMTC proceeds to the Allocatee, and such whether the entity is in default of its Allocation; or (ii) issued and received initial disbursement has been recorded previous assistance, award or Allocation funds in-hand from its investors for at in ATS as a QEI; (iii) commits to Agreement, the Fund will consider the least 10 percent of its QEIs and that at disburse the remaining investment applicant’s application under this least 30 percent of its total CY 2008 proceeds to the Allocatee based on NOAA pending full resolution of the NMTC Allocation has been exchanged specified amounts and payment dates; noncompliance, in the sole for funds in-hand from investors, or has and (iv) commits to make the final determination of the Fund. Further, if been committed by its investors. A disbursement to the Allocatee no later an Affiliate of the applicant is a prior Rural CDE is not required to meet the than June 17, 2011. Fund awardee or Allocatee and if such above QEI issuance and commitment The applicant will be required, upon entity: (i) Has submitted complete and thresholds with regard to its 2008 notification from the Fund, to submit timely reports to the Fund that NMTC allocation award. adequate documentation to substantiate demonstrate noncompliance with a In addition to the requirements the required issuances of and previous assistance, award or Allocation described above, an entity is not eligible commitments for QEIs. Agreement; and (ii) the Fund has yet to to receive a NMTC Allocation pursuant Applicants should be aware that these make a final determination as to to this NOAA if an Affiliate of the QEI issuance requirements represent the whether the entity is in default of its applicant is a prior Allocatee and has minimum threshold requirements that previous assistance, award or Allocation not met the requirements for the must be met in order to submit an Agreement, the Fund will consider the issuance and/or commitment of QEIs as application for assistance under this applicant’s application under this set forth above for the Allocatees in the NOAA. As stated in Section V.B.2 of NOAA pending full resolution of the prior allocation rounds of the NMTC this NOAA, the Fund reserves the right noncompliance, in the sole Program. to reject an application and/or adjust determination of the Fund. Notwithstanding the above, if an award amounts as appropriate based on (d) Default status: The Fund will not applicant has received multiple NMTC information obtained during the review consider an application submitted by an allocation awards between the second process—including an applicant’s track applicant that is a prior Fund awardee round (CY 2003–2004) and the sixth record of raising QEIs and/or deploying or Allocatee under any Fund program if, round (CY 2008), the applicant shall be its QLICIs. as of the application deadline of this deemed to be eligible to apply for a Prior Allocatees that require any NOAA, the Fund has made a final NMTC Allocation pursuant to this action by the Fund (e.g., certifying a determination that such applicant is in NOAA if the applicant is able to subsidiary entity as a CDE; adding a default of a previously executed affirmatively demonstrate that, as of subsidiary CDE to an Allocation assistance, allocation or award 11:59 p.m. ET on June 17, 2009, it has Agreement; etc.) in order to meet the agreement(s) and the Fund has provided issued and received funds in-hand from QEI issuance requirements above must written notification of such its investors for at least 60 percent of its submit their requests by no later than determination to such applicant. QEIs relating to its cumulative April 3, 2009 in order to guarantee that Further, an entity is not eligible to apply allocation amounts from these prior the Fund completes all necessary for an allocation pursuant to this NOAA NMTC Program rounds. Applicants that approvals prior to June 17, 2009. if, as of the application deadline of this have received GO Zone allocations Applicants for certification may obtain NOAA, the Fund has made a final under the fifth round (CY 2007) may a CDE certification application through determination that an Affiliate of the choose to exclude such allocations from the Fund’s Web site at http:// applicant is a prior Fund awardee or this cumulative calculation, provided www.cdfifund.gov. Applications for CDE Allocatee under any Fund program and that the Allocatee has issued and certification must be submitted as has been determined by the Fund to be received funds in-hand from its instructed in the application form. in default of a previously executed investors for at least 20 percent of its (b) Failure to meet reporting assistance, allocation or award QEIs relating to its CY 2007 GO Zone requirements: The Fund will not agreement(s) and the Fund has provided allocation. Rural CDEs that received consider an application submitted by an written notification of such allocations under the sixth round (CY applicant if the applicant or any of its determination. Such entities will be 2008) may choose to exclude such Affiliates is a prior Fund awardee or ineligible to apply for an award allocations from this cumulative Allocatee under any Fund program and pursuant to this NOAA so long as the calculation. is not current on the reporting Applicant’s, or its Affiliate’s, prior For purposes of this section of the requirements set forth in a previously award or allocation remains in default NOAA, the Fund will only recognize as executed assistance, allocation or award status or such other time period as ‘‘issued’’ those QEIs that have been agreement(s), as of the application specified by the Fund in writing. finalized in the Fund’s Allocation deadline of this NOAA. Please note that (e) Termination in default: The Fund Tracking System (ATS) by the deadlines the Fund only acknowledges the receipt will not consider an application specified above. Allocatees and their of reports that are complete. As such, submitted by an applicant that is a prior
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Fund awardee or Allocatee under any the calendar year of the application questions should be directed to the Fund program if: (i) Within the 12- deadline of this NOAA are included Compliance Manager by e-mail at month period prior to the application (‘‘includable BEA awards’’). Thus, for [email protected] and all deadline of this NOAA, the Fund has purposes of this NOAA, undisbursed disbursement questions should be made a final determination that such BEA Program award funds are the directed to the Fund’s Financial applicant’s prior award or allocation amount of FYs 2004, 2005 and 2006 Manager. Requests submitted less than terminated in default of a previously awards that remain undisbursed as of thirty calendar days prior to the executed assistance, allocation or award the application deadline of this NOAA. application deadline may not receive a agreement(s); (ii) the Fund has provided For purposes of the calculation of response before the application written notification of such undisbursed award funds for the CDFI deadline. determination to such applicant; and Program and the Native Initiatives Both the Compliance Manager and the (iii) the final reporting period end date Funding Programs, only awards made to Financial Manager may be reached by for the applicable terminated assistance, the Applicant (and any entity that telephone at (202) 622–8226; by allocation or award agreement(s) falls Controls the Applicant, is Controlled by facsimile at (202) 622–6453; or by mail within the 12-month period prior to the the Applicant or shares common to CDFI Fund, 601 13th Street, NW., application deadline of this NOFA. management officials with the Suite 200 South, Washington, DC 20005. Further, an entity is not eligible to Applicant, as determined by the Fund) The Fund will respond to Applicants’ apply for an allocation pursuant to this two to five calendar years prior to the reporting, compliance or disbursement NOAA if: (i) Within the 12-month end of the calendar year of the questions between the hours of 9 a.m. period prior to the application deadline application deadline of this NOAA are and 5 p.m. ET, starting the date of of this NOAA, the Fund has made a included (‘‘includable CDFI/NI publication of this NOAA through April final determination that an Affiliate of awards’’). Thus, for purposes of this 6, 2009 (one day before the application the applicant is a prior Fund awardee or NOAA, undisbursed CDFI Program and deadline). The Fund will not respond to Allocatee under any Fund program Native Initiative (NI) awards are the Applicants’ reporting, compliance or whose award or allocation terminated in amount of FYs 2004, 2005, 2006 and disbursement phone calls or e-mail default of a previously executed 2007 awards that remain undisbursed as inquiries that are received after 5 p.m. assistance, allocation or award of the application deadline of this ET on April 6, 2009 until after the agreement(s); (ii) the Fund has provided NOAA. funding application deadline of April 8, written notification of such To calculate total includable BEA/ 2009. 3. Entities that propose to transfer determination to the defaulting entity; CDFI/NI awards: amounts that are NMTCs to Subsidiaries: Both for-profit and (iii) the final reporting period end undisbursed as of the application deadline of this NOAA cannot exceed and non-profit CDEs may apply to the date for the applicable terminated five percent (5%) of the total includable Fund for allocations of NMTCs, but only assistance, allocation or award awards. Please refer to an example of a for-profit CDE is permitted to provide agreement(s) falls within the 12-month this calculation in the 2009 Allocation NMTCs to its investors. A non-profit period prior to the application deadline Application Q&A document, available applicant wishing to apply for a NMTC of this NOAA. on the Fund’s Web site. Allocation must demonstrate, prior to (f) Undisbursed award funds: The The ‘‘undisbursed award funds’’ entering into an Allocation Agreement Fund will not consider an application calculation does not include: (i) Tax with the Fund, that: (i) It controls one submitted by an Applicant that is a credit allocation authority made or more Subsidiaries that are for-profit prior Fund Awardee under any Fund available through the New Market Tax entities; and (ii) it intends to transfer the program if the Applicant has a balance Credit (NMTC) Program; (ii) any award full amount of any NMTC Allocation it of undisbursed award funds (defined funds for which the Fund received a full receives to said Subsidiary. below) under said prior award(s), as of and complete disbursement request An applicant wishing to transfer all or the applicable application deadline of from the Awardee by the applicable a portion of its NMTC Allocation to a this NOAA. application deadline of this NOAA; (iii) Subsidiary is not required to create the Furthermore, an entity is not eligible to any award funds for an award that has Subsidiary prior to submitting a NMTC apply for an award pursuant to this been terminated, in writing, by the Fund allocation application to the Fund. NOAA if an Affiliate of the applicant is or deobligated by the Fund; or (iv) any However, the Subsidiary entities must a prior Fund Awardee under any Fund award funds for an award that does not be certified as CDEs by the Fund, and program, and has a balance of have a fully executed assistance or enjoined as parties to the Allocation undisbursed award funds under said award agreement. The Fund strongly Agreement at closing or by amendment prior award(s), as of the applicable encourages Applicants requesting to the Allocation Agreement after application deadline of this NOAA. In a disbursements of ‘‘undisbursed funds’’ closing. Before the NMTC Allocation case where an Affiliate of the applicant from prior awards to provide the Fund transfer may occur it must be pre- is a prior Fund Awardee under any with a complete disbursement request at approved by the Fund, in its sole Fund program and has a balance of least 30 business days prior to the discretion. undisbursed award funds under said application deadline of this NOAA. The Fund strongly encourages a non- prior award(s) as of the applicable (g) Contact the Fund: Accordingly, profit applicant to submit a CDE application deadline of this NOAA, the Applicants that are prior awardees and/ certification application to the Fund on Fund will include the combined awards or Allocatees under any other Fund behalf of the Subsidiary within 30 days of the Applicant and such Affiliated program are advised to: (i) Comply with after the non-profit applicant receives a entities when calculating the amount of the requirements specified in assistance, Notice of Allocation from the Fund; as undisbursed award funds. allocation and/or award agreement(s), such Subsidiary must be certified as a For purposes of the calculation of and (ii) contact the Fund to ensure that CDE prior to entering into an Allocation undisbursed award funds for the BEA all necessary actions are underway for Agreement with the Fund. A non-profit Program, only awards made to the the disbursement of any outstanding applicant that fails to certify one or Applicant (and any Affiliates) three to balance of a prior award(s). All more for-profit subsidiaries within 30 five calendar years prior to the end of outstanding reports and compliance days of receiving a Notice of Allocation
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from the Fund is subject to the Fund 5. Entities created as a series of funds: described in and required by the rescinding the award. An applicant whose business structure application by the applicable deadlines. 4. Entities that submit applications consists of an entity with a series of Applicants will not be afforded an together with Affiliates; applications funds may apply for CDE certification as opportunity to provide any missing from common enterprises: (a) As part of a single entity, or as multiple entities. If materials or documentation. Electronic the allocation application review such an applicant represents that it is applications must be submitted solely process, the Fund considers whether properly classified for Federal tax by using the format made available at applicants are Affiliates, as such term is purposes as a single partnership or the Fund’s Web site. Additional defined in the allocation application. If corporation, it may apply for CDE information, including instructions an applicant and its Affiliates wish to certification as a single entity. If an relating to the submission of signature submit allocation applications, they applicant represents that it is properly forms and supporting information, is set must do so collectively, in one classified for Federal tax purposes as forth in further detail in the electronic application; an applicant and its multiple partnerships or corporations, application. An application must Affiliates may not submit separate then it may submit a single CDE include a valid and current Employer allocation applications. If Affiliated certification application on behalf of the Identification Number (EIN) issued by entities submit multiple applications, entire series of funds, and each fund the Internal Revenue Service and the Fund reserves the right either to must be separately certified as a CDE. assigned to the applicant and, if reject all such applications received or Applicants should note; however, that applicable, it’s Controlling Entity. to select a single application as the only receipt of CDE certification as a single Electronic applications without a valid application considered for an allocation. entity or as multiple entities is not a EIN are incomplete and cannot be For purposes of this NOAA, in determination that an applicant and its transmitted to the Fund. For more addition to assessing whether applicants related funds are properly classified as information on obtaining an EIN, please meet the definition of the term a single entity or as multiple entities for contact the Internal Revenue Service at ‘‘Affiliate’’ found in the allocation Federal tax purposes. Regardless of (800) 829–4933 or http://www.irs.gov. application, the Fund will consider: (i) whether the series of funds is classified An applicant may not submit more Whether the activities described in as a single partnership or corporation or than one application in response to this applications submitted by separate as multiple partnerships or NOAA. In addition, as stated in Section entities are, or will be, operated and/or corporations, an applicant may not III.A.4 of this NOAA, an applicant and managed as a common enterprise that, transfer any NMTC Allocations it its Affiliates must collectively submit in fact or effect, may be viewed as a receives to one or more of its funds only one allocation application; an single entity; (ii) whether the unless the transfer is pre-approved by applicant and its Affiliates may not applications submitted by separate the Fund, in its sole discretion, which submit separate allocation applications. entities contain significant narrative, will be a condition of the Allocation Once an application is submitted, an textual or other similarities, and (iii) Agreement. applicant will not be allowed to change whether the business strategies and/or 6. Entities that are BEA Program any element of its application. activities described in applications awardees: An insured depository submitted by separate entities are so institution investor (and its Affiliates C. Form of application submission: closely related, in fact or effect, they and Subsidiaries) may not receive a Applicants may only submit may be viewed as substantially identical NMTC Allocation in addition to a BEA applications under this NOAA applications. In such cases, the Fund Program award for the same investment electronically. Applications sent by reserves the right either to reject all in a CDE. Likewise, an insured facsimile or by e-mail will not be applications received from all such depository institution investor (and its accepted. Submission of an electronic entities; to select a single application as Affiliates and Subsidiaries) may not application will facilitate the processing the only one that will be considered for receive a BEA Program award in and review of applications and the an allocation; and, in the event that an addition to a NMTC Allocation for the selection of Allocatees; further, it will Application is selected to receive an same investment in a CDE. assist the Fund in the implementation of allocation award, to deem certain electronic reporting requirements. activities ineligible. IV. Application and Submission 1. Electronic applications: Electronic (b) Furthermore, an applicant that Information applications must be submitted solely receives an allocation in this allocation A. Address to request application by using the Fund’s Web site and must round (or its Subsidiary transferee) may package: Applicants must submit be sent in accordance with the not become an Affiliate of or member of applications electronically under this submission instructions provided in the a common enterprise (as defined above) NOAA, through the Fund Web site. electronic application form. Applicants with another applicant that receives an Following the publication of this will need access to Internet Explorer 5.5 allocation in this allocation round (or its NOAA, the Fund will make the or higher, or Netscape Navigator 6.0 or Subsidiary transferee) at any time after electronic allocation application higher, Windows 98 or higher (or other the submission of an allocation available on its Web site at http:// system compatible with the above application under this NOAA. This www.cdfifund.gov. Applications sent by Explorer and Netscape software) and prohibition, however, generally does not mail, facsimile or other form will not be optimally at least a 56Kbps Internet apply to entities that are commonly accepted. The Fund will not accept connection in order to meet the Controlled solely because of common applications in paper form, other than electronic application submission ownership by QEI investors. This the signed signature page and certain requirements. The Fund’s electronic requirement will also be a term and paper attachments, as specified below application system will only permit the condition of the Allocation Agreement and in the application. submission of applications in which all (see Section VI.B. of this NOAA and B. Application content requirements: required questions and tables are fully additional application guidance Detailed application content completed. Additional information, materials on the Fund’s Web site at requirements are found in the including instructions relating to the http://www.cdfifund.gov for more application related to this NOAA. submission of signature forms and details). Applicants must submit all materials supporting information, is set forth in
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further detail in the electronic coordinator for the Fund. The signature under IRC§ 45D(b)(1); and (iv) in the application. page or attachments will not be case of an applicant proposing to D. Application submission dates and accepted at the Fund’s offices in purchase loans from CDEs, the applicant times: Washington, DC. Signature pages or will require the CDE selling such loans 1. Application Deadlines attachments received in the Fund’s to re-invest the proceeds of the loan sale offices will be rejected. Except for the to provide additional products and (a) Electronic applications: Must be signature page and attachments, services to Low-Income Communities. received by 5 p.m. ET on April 8, 2009. electronic applications must be (b) Priority Points: In addition, as Electronic applications cannot be submitted solely by using the Fund’s provided by IRC § 45D(f)(2), the Fund transmitted or received after 5 p.m. ET Web site and must be sent in accordance will ascribe additional points to entities on April 8, 2009. In addition, applicants with the submission instructions that meet one or both of the statutory that submit electronic applications must provided in the electronic application priorities. First, the Fund will give up separately submit (by mail or other form. to five (5) additional points to any courier delivery service) a signature applicant that has a record of having page, and all other required paper V. Application Review Information successfully provided capital or attachments. The signature page and There are two parts to the substantive technical assistance to disadvantaged additional documents must be review process for each allocation businesses or communities. Second, the postmarked on or before April 10, 2009. application: Phase 1 and Phase 2. In Fund will give five (5) additional points See application instructions, provided Phase 1, the Fund will evaluate each to any applicant that intends to satisfy in the electronic application, for further application, assigning points and the requirement of IRC § 45D(b)(1)(B) by detail. Applications and other required numeric scores according to the criteria making QLICIs in one or more documents and other attachments described below. In Phase 2, the Fund businesses in which persons unrelated postmarked or received after these dates will rank applicants in accordance with (within the meaning of IRC § 267(b) or and times will be rejected. If the the procedures set forth below. IRC § 707(b)(1)) to an applicant (or the signature page is not postmarked by the A. Criteria: applicant’s subsidiary CDEs) hold the deadlines specified above, the 1. Business Strategy (25-point majority equity interest. Applicants may application will be rejected. See Section maximum): (a) When assessing an earn points for one or both statutory IV.D.1.(c) of this NOAA for further applicant’s business strategy, reviewers priorities. Thus, applicants that meet requirements relating to postmarks. will consider, among other things: The the requirements of both priority Additional deadlines (if any) relating to applicant’s products, services and categories can receive up to a total of ten the submission of general supporting investment criteria; the prior (10) additional points. A record of documentation will be further detailed performance of the applicant or its having successfully provided capital or in the electronic application. Please Controlling Entity, particularly as it technical assistance to disadvantaged note that the document submission relates to making similar kinds of businesses or communities may be deadlines in this NOAA and/or the investments as those it proposes to demonstrated either by the past actions allocation application are strictly make with the proceeds of QEIs; the of an applicant itself or by its enforced. applicant’s prior performance in Controlling Entity (e.g., where a new (b) Postmark: For purposes of this providing capital or technical assistance CDE is established by a nonprofit NOAA, the term ‘‘postmark’’ is defined to disadvantaged businesses or corporation with a history of providing by 26 CFR 301.7502–1. In general, the communities; the projected level of the assistance to disadvantaged Fund will require that the postmarked applicant’s pipeline of potential communities). An applicant that document bear a postmark date that is investments; and the extent to which receives additional points for intending on or before the applicable deadline. the applicant intends to make Qualified to make investments in unrelated The document must be in an envelope Low-Income Community Investments businesses and is awarded a NMTC or other appropriate wrapper, properly (QLICIs) in one or more businesses in Allocation must meet the requirements addressed as set forth in this NOAA and which persons unrelated to the entity of IRC § 45D(b)(1)(B) by investing delivered by the United States Postal hold a majority equity interest. substantially all of the proceeds from its Service or any other private delivery Under the Business Strategy criterion, QEIs in unrelated businesses. The Fund service designated by the Secretary of an applicant will generally score well to will factor in an applicant’s priority the Treasury. For more information on the extent that it will deploy debt or points when ranking applicants during designated delivery services, please see investment capital in products or Phase 2 of the review process, as IRS Notice 2002–62, 2002–2 C.B. 574. services which: (i) Are designed to meet described below. E. Intergovernmental Review: Not the needs of underserved markets; (ii) 2. Community Impact (25-point applicable. are flexible or non-traditional in form maximum): In assessing the impact on F. Funding Restrictions: For allowable and on better terms than available in the communities expected to result from the uses of investment proceeds related to a marketplace; and (iii) focus on applicant’s proposed investments, NMTC Allocation, please see 26 U.S.C. customers or partners that typically lack reviewers will consider, among other 45D and the final regulations issued by access to conventional sources of things, the degree to which the the Internal Revenue Service (26 CFR capital. An applicant will also score applicant is likely to achieve significant 1.45D–1, published December 28, 2004) well to the extent that it: (i) Has a track and measurable community and related guidance. Please see Section record of successfully providing development and economic impacts in I, above, for the Programmatic Changes products and services similar to those it its Low-Income Communities, and of this NOAA. intends to use with the proceeds of whether the applicant is working in G. Other Submission Requirements: QEIs; (ii) has identified, or has a process particularly economically distressed 1. Addresses: The signature page and for identifying, potential transactions; markets and/or in concert with Federal, attachments for electronic applications (iii) demonstrates a likelihood of issuing state or local government or community must be sent as directed in the QEIs and making the related QLICIs in economic development initiatives (e.g., application materials to the Bureau of a time period that is significantly Empowerment Zones, Enterprise Public Debt, the application intake shorter than the 5-year period permitted Communities, and Renewal
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Communities). An applicant will Community stakeholders play an active applicant or from affiliated entities, said generally score well under this section role in designing or implementing its applicant will score well to the extent to the extent that: (a) It articulates how business plan. In the case of an that it will offer products with more its strategy is likely to produce applicant (or any entity that Controls favorable rates or terms than those significant and measurable community the applicant, is Controlled by the currently offered by the investor and/or development and economic impacts that applicant or shares common will target its activities to areas of would not be achieved without NMTCs; management officials with the greater economic distress than those and (b) it is working in particularly applicant, as determined by the Fund) currently targeted by the investor. economically distressed or otherwise that has received a NMTC Allocation B. Review and selection process: All underserved communities and/or in from the Fund under a prior allocation allocation applications will be reviewed concert with other Federal, state or local round, reviewers will consider the for eligibility and completeness. The government or community economic activities that have occurred to date Fund may consult with the IRS on the development initiatives. with respect to the prior allocation(s). eligibility requirements under IRC 3. Management Capacity (25-point 4. Capitalization Strategy (25-point § 45D. To be complete, the application maximum): In assessing an applicant’s maximum): When assessing an must contain, at a minimum, all management capacity, reviewers will applicant’s capitalization strategy, information described as required in the consider, among other things, the reviewers will consider, among other application form. An incomplete qualifications of the applicant’s things: The extent to which the application will be rejected. Once the principals, its board members, its applicant has secured investments, application has been determined to be management team, and other essential commitments to invest, or indications of eligible and complete, the Fund will staff or contractors, with specific focus interest in investments from investors, conduct the substantive review of each on: Experience in deploying capital or commensurate with its requested application in two parts (Phase 1 and technical assistance, including activities amount of tax credit allocations; the Phase 2) in accordance with the criteria similar to those described in the applicant’s strategy for identifying and procedures generally described in applicant’s business strategy; experience additional investors, if necessary, this NOAA and the allocation in raising capital; asset management and including the applicant’s (or its application. risk management experience; experience Controlling Entity’s) prior performance 1. Phase 1: Reviewers will evaluate with fulfilling compliance requirements with raising equity from investors, and score each application in the first of other governmental programs, particularly for-profit investors; the part of the review process. An applicant including other tax programs; and the extent to which the applicant identifies must exceed a minimum overall applicant’s (or its Controlling Entity’s) how existing investors will leverage aggregate base score threshold and financial health. Reviewers will also their investments in Low-Income exceed a minimum aggregate section consider the extent to which an Communities or how new investors will score threshold in each of the four applicant has protocols in place to be brought into such investments; the application sections (Business Strategy, ensure ongoing compliance with NMTC distribution of the economic benefits of Community Impact, Management Program requirements and the level of the tax credit; the extent to which the Capacity, and Capitalization Strategy) in involvement of community applicant intends to invest the proceeds order to advance from the first part of representatives and other stakeholders from the aggregate amount of its QEIs at the substantive review process. If, in the in the design, implementation or a level that exceeds the requirements of case of a particular application, a monitoring of an applicant’s business IRC § 45D(b)(1)(B) and the IRS reviewer’s total base score or section plan and strategy. In the case of an regulations, including the extent to score(s) (in one or more of the four applicant (or any entity that Controls which the applicant has identified the application sections), varies the applicant, is Controlled by the financial resources outside of the NMTC significantly from the median of the applicant or shares common investments necessary to support its reviewers’ total base scores or section management officials with the operations or finance its activities; and scores for such application, the Fund applicant, as determined by the Fund) the applicant’s timeline for utilizing an may, in its sole discretion, obtain the that has received a NMTC Allocation NMTC Allocation. comments and recommendations of an from the Fund under a prior allocation An applicant will generally score well additional reviewer to determine round, reviewers will consider the under this section to the extent that: (a) whether the anomalous score should be activities that have occurred to date It has secured investor commitments, or replaced with the score of the additional with respect to the prior allocation(s). has a reasonable strategy for obtaining reviewer. An applicant will generally score well such commitments; (b) its request for 2. Phase 2: Once the Fund has under this section to the extent that its allocations is commensurate with both determined which applicants have met management team or other essential the level of QEIs it is likely to raise and the required minimum overall aggregate personnel have experience in: (a) its expected investment strategy to base score and aggregate section score Deploying capital or technical deploy funds raised with NMTCs; (c) it thresholds, the Fund will rank assistance in Low-Income Communities, generally demonstrates that the applicants on the basis of their particularly those likely to be served by economic benefits of the tax credit will combined scores in the Business the applicant with the proceeds of QEIs; be passed through to end users; (d) it is Strategy and Community Impact (b) raising capital, particularly from for- likely to leverage other sources of sections of the application and will profit investors; (c) asset and risk funding in addition to NMTC investor make adjustments to each applicant’s management; and (d) fulfilling dollars; and (e) it intends to invest the priority points so that these points government compliance requirements, proceeds from the aggregate amount of maintain the same relative weight in the particularly tax program compliance. its QEIs at a level that exceeds the ranking of applicant scores in Phase 2 An applicant will also score well to the requirements of IRC § 45D(b)(1)(B) and as in Phase 1. The Fund will award extent it has policies and systems in the IRS regulations. In the case of an allocations in the order of this ‘‘Final place to ensure ongoing compliance applicant proposing to raise investor Rank Score,’’ subject to applicants’ with NMTC Program requirements, and funds from organizations that also will meeting all other eligibility to the extent that Low-Income identify or originate transactions for the requirements; provided, however, that
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the Fund, in its sole discretion, reserves proportionality objectives have been allocation application in the case of a the right to reject an application and/or met. prior Fund awardee, if such applicant adjust award amounts as appropriate The Fund will first examine the has failed to comply with the terms, based on information obtained during ‘‘preliminary’’ awards and allocatees to conditions, and other requirements of the review process. Most notably, in the determine whether the percentage of the prior or existing assistance or award case of applicants (or their Affiliates) allocatees that are Rural CDEs is, at a agreement(s) with the Fund. The Fund that are prior year allocatees, the Fund minimum, equal to the percentage of reserves the right to reject any NMTC will review the activities of the prior applicants in the Phase 2 review pool allocation application in the case of a year allocatee to determine whether the that are Rural CDEs. If this objective is prior Fund Allocatee, if such applicant entity has: (a) Effectively utilized its not achieved, the Fund will provide has failed to comply with the terms, prior-year allocations; and (b) awards to additional Rural CDEs from conditions, and other requirements of substantiated a need for additional the Phase 2 pool, in descending order of its prior or existing Allocation allocation authority. their Final Rank Score, until the Agreement(s) with the Fund. The Fund 3. Outstanding Reports. In the case of appropriate percentage balance is reserves the right to reject any NMTC an applicant, or an Affiliate of the achieved. In order to accommodate the allocation application in the case of any applicant, that has previously received additional allocatees within the $3.5 applicant, if an Affiliate of the applicant an award or allocation from the Fund billion allocation limitations, a formula has failed to meet the terms, conditions through any Fund program, the Fund reduction will be applied uniformly to and other requirements of any prior or will consider and will deduct points for the allocation amount for all allocatees existing assistance agreement, award the applicant’s (or its Affiliate’s) failure in the pool. agreement or Allocation Agreement to meet the reporting deadlines set forth The Fund will then ensure that the with the Fund. in any assistance, award or Allocation pool of allocatees will, in the aggregate, The Fund reserves the right to reject Agreement(s) with the Fund during the invest at least 20 percent of their QLICIs any NMTC allocation application in the entity’s two complete fiscal years prior (as measured by dollar amount) in Non- case of a prior Fund Allocatee, if such Metropolitan counties. The Fund will to the application deadline of this applicant has failed to use its prior first apply the ‘‘minimum’’ percentage NOAA (generally FY 2007 and 2008). NMTC allocation(s) in a manner that is of QLICIs that allocatees indicated in generally consistent with the business C. Allocations serving Non- their applications would be targeted to strategy (including, but not limited to, Metropolitan counties. As provided for Non-Metropolitan areas to the total the proposed product offerings and under Section 102(b) of the Tax Relief allocation award amount of each markets served) set forth in the and Health Care Act of 2006 (Pub. L. allocatee (less whatever percentage the allocation application(s) related to such 109–432), the Fund shall ensure that allocatee indicated would be retained prior allocation(s). The Fund also non-metropolitan counties receive a for non-QLICI activities), and total these reserves the right to reject any NMTC proportional allocation of Qualified figures for all allocatees. If this aggregate allocation application in the case of an Equity Investments (QEIs) under the total is greater than or equal to 20 Affiliate of the applicant that is a prior NMTC Program. To this end, the Fund percent of the QLICIs to be made by the Fund Allocatee and has failed to use its will ensure that the proportion of allocatees, then the pool is considered prior NMTC allocation(s) in a manner allocatees that are Rural CDEs is, at a balanced and the Fund will proceed that is generally consistent with the minimum, equal to the proportion of with the allocation process. However, if business strategy set forth in the applicants in the Phase 2 review pool the aggregate total is less than 20 allocation application(s) related to such that are Rural CDEs; and ensure that at percent of the QLICIs to be made by the prior allocation(s). least 20 percent of the QLICIs to be allocatees, the Fund will consider The Fund reserves the right to reject made using QEI proceeds are invested requiring any or all of the Allocatees to a NMTC allocation application if in Non-Metropolitan counties. A Rural direct up to the ‘‘maximum’’ percentage information (including administrative CDE is one that has over the past five of QLICIs that they indicated would be errors) comes to the attention of the years dedicated at least 50 percent of its targeted to Non-Metropolitan counties; Fund that adversely affects an activities to Non-Metropolitan counties taking into consideration their track applicant’s eligibility for an award, and has committed that at least 50 record and ability to deploy dollars in adversely affects the Fund’s evaluation percent of its NMTC activities will be Non-Metropolitan counties. or scoring of an application, or indicates conducted in such areas. Non- D. Questions: All outstanding reports fraud or mismanagement on the part of Metropolitan counties are counties not or compliance questions should be an applicant. If the Fund determines contained within a Metropolitan directed to the Compliance Manager by that any portion of the application is Statistical Area, as such term is defined e-mail at [email protected]; by incorrect in any material respect, the in OMB Bulletin No. 99–04 (Revised telephone at (202) 622–8226; by Fund reserves the right, in its sole Statistical Definitions of Metropolitan facsimile at (202) 622–6453; or by mail discretion, to reject the application. Areas (MAs) and Guidance on Uses of to CDFI Fund, 601 13th Street, NW., As a part of the substantive review MA Definitions) and applied using 2000 Suite 200 South, Washington, DC 20005. process, the Fund may permit census data. The Fund will respond to reporting or reviewer(s) to make telephone calls to Applicants that meet the minimum compliance questions between the applicants for the sole purpose of scoring thresholds will be advanced to hours of 9 a.m. and 5 p.m. ET, starting obtaining, clarifying or confirming Phase 2 review and will be provided the date of the publication of this NOAA application information. In no event with ‘‘preliminary’’ awards, in through April 6, 2009. The Fund will shall such contact be construed to descending order of Final Rank Score, not respond to reporting or compliance permit an applicant to change any until the $3.5 billion in allocation phone calls or e-mail inquiries that are element of its application. Reviewers authority is expended. Once these received after 5 p.m. ET on April 6, will not contact applicants without the ‘‘preliminary’’ award amounts are 2009 until after the funding application prior approval of the Fund. At this point determined, the Fund will then analyze deadline of April 8, 2009. in the process, an applicant may be the allocatee pool to determine whether E. Right of rejection: The Fund required to submit additional the two Non-Metropolitan reserves the right to reject any NMTC information about its application in
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order to assist the Fund with its final the general terms and conditions Allocatee is unable to meet this evaluation process. Such requests must underlying the Fund’s provision of an requirement within the timeframe set by be responded to within the time NMTC Allocation including, but not the Fund, the Fund reserves the right, in parameters set by the Fund. The limited to, the requirement that an its sole discretion, to terminate and selecting official(s) will make a final Allocatee and the Fund enter into an rescind the Notice of Allocation and the allocation determination based on an Allocation Agreement. The applicant allocation made under this NOAA. applicant’s file, including, without must execute the Notice of Allocation 2. Pending resolution of limitation, eligibility under IRC § 45D, and return it to the Fund. By executing noncompliance: If an Allocatee is a the reviewers’ scores and the amount of a Notice of Allocation, the Allocatee prior awardee or Allocatee under any allocation authority available. In the agrees that, if prior to entering into an Fund program and if: (i) It has case of applicants (or Affiliates of Allocation Agreement with the Fund, submitted complete and timely reports applicants) that are regulated by the information (including administrative to the Fund that demonstrate Federal government or a State agency errors) comes to the attention of the noncompliance with a previous (or comparable entity), the Fund’s Fund that adversely affects the assistance, award or Allocation selecting official(s) reserve(s) the right to Allocatee’s eligibility for an award, Agreement; and (ii) the Fund has yet to consult with and take into consideration adversely affects the Fund’s evaluation make a final determination as to the views of the appropriate Federal or or scoring of the Allocatee’s application, whether the entity is in default of its State banking and other regulatory or indicates fraud or mismanagement on previous assistance, award or Allocation agencies. In the case of applicants (or the part of the Allocatee, the Fund may, Agreement, the Fund reserves the right, Affiliates of applicants) that are also in its discretion and without advance in its sole discretion, to delay entering Small Business Investment Companies, notice to the Allocatee, terminate the into an Allocation Agreement and/or to Specialized Small Business Investment Notice of Allocation or take such other impose limitations on the Allocatee’s Companies or New Markets Venture actions as it deems appropriate. ability to issue Qualified Equity Capital Companies, the Fund reserves Moreover, by executing a Notice of Investments to investors, pending full the right to consult with and take into Allocation, an Allocatee agrees that, if resolution, in the sole determination of consideration the views of the Small prior to entering into an Allocation the Fund, of the noncompliance. Business Administration. Agreement with the Fund, the Fund Further, if an Affiliate of an Allocatee is The Fund reserves the right to determines that the Allocatee is not in a prior Fund awardee or Allocatee and conduct additional due diligence, as compliance with the terms of any prior if such entity: (i) Has submitted determined reasonable and appropriate assistance agreement, award agreement, complete and timely reports to the Fund by the Fund, in its sole discretion, and/or Allocation Agreement entered that demonstrate noncompliance with a related to the applicant and its officers, into with the Fund, the Fund may, in its previous assistance, award or Allocation directors, owners, partners and key discretion and without advance notice Agreement; and (ii) the Fund has yet to employees. to the Allocatee, either terminate the make a final determination as to Each applicant will be informed of the Notice of Allocation or take such other whether the entity is in default of its Fund’s award decision either through a actions as it deems appropriate. The previous assistance, award or Allocation Notice of Allocation if selected for an Fund reserves the right, in its sole Agreement, the Fund reserves the right, allocation (see Section VI.A. of this discretion, to rescind the allocation and in its sole discretion, to delay entering into an Allocation Agreement and/or to NOAA) or a declination letter, if not the Notice of Allocation if the Allocatee impose limitations on the Allocatee’s selected for an allocation, which may be fails to return the Notice of Allocation, ability to issue QEIs to investors, for reasons of application signed by the authorized representative pending full resolution, in the sole incompleteness, ineligibility or of the Allocatee, along with any other determination of the Fund, of the substantive issues. All applicants that requested documentation, by the noncompliance. If the prior awardee or are not selected for an allocation based deadline set by the Fund. on substantive issues will likely be Allocatee in question is unable to given the opportunity to obtain feedback 1. Failure to meet reporting satisfactorily resolve the issues of on the strengths and weaknesses of their requirements: If an Allocatee, or an noncompliance, in the sole applications. This feedback will be Affiliate of an Allocatee, is a prior Fund determination of the Fund, the Fund provided in a format and within a awardee or Allocatee under any Fund reserves the right, in its sole discretion, timeframe to be determined by the program and is not current on the to terminate and rescind the Notice of Fund, based on available resources. reporting requirements set forth in the Allocation and the allocation made The Fund further reserves the right to previously executed assistance, under this NOAA. change its eligibility and evaluation allocation or award agreement(s), as of 3. Default status: If, at any time prior criteria and procedures, if the Fund the date of the Notice of Allocation or to entering into an Allocation deems it appropriate. If said changes thereafter, the Fund reserves the right, Agreement through this NOAA, the materially affect the Fund’s award in its sole discretion, to delay entering Fund has made a final determination decisions, the Fund will provide into an Allocation Agreement and/or to that an Allocatee that is a prior Fund information regarding the changes impose limitations on an Allocatee’s awardee or Allocatee under any Fund through the Fund’s Web site. ability to issue QEIs to investors until program is in default of a previously There is no right to appeal the Fund’s said prior awardee or Allocatee is executed assistance, allocation or award allocation decisions. The Fund’s current on the reporting requirements in agreement(s) and has provided written allocation decisions are final. the previously executed assistance, notification of such determination to the allocation or award agreement(s). Please Allocatee, the Fund reserves the right, VI. Award Administration Information note that the Fund only acknowledges in its sole discretion, to delay entering A. Notice of Allocation: The Fund the receipt of reports that are complete. into an Allocation Agreement and/or to will signify its selection of an applicant As such, incomplete reports or reports impose limitations on the Allocatee’s as an Allocatee by delivering a signed that are deficient of required elements ability to issue QEIs to investors, until Notice of Allocation to the applicant. will not be recognized as having been said prior awardee or Allocatee has The Notice of Allocation will contain received. If said prior awardee or submitted a complete and timely report
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demonstrating full compliance with said B. Allocation Agreement: Each that it Controls such entities prior to agreement within a timeframe set by the applicant that is selected to receive a entering into an Allocation Agreement Fund. Further, if at any time prior to NMTC Allocation (including the with the Allocatee and its Subsidiary entering into an Allocation Agreement applicant’s Subsidiary transferees) must transferees. The Fund reserves the right, through this NOAA, the Fund has made enter into an Allocation Agreement with in its sole discretion, to rescind its a final determination that an Affiliate of the Fund. The Allocation Agreement Notice of Allocation if the Allocatee the Allocatee is a prior Fund awardee or will set forth certain required terms and fails to return the Allocation Agreement, Allocatee under any Fund program, and conditions of the NMTC Allocation signed by the authorized representative is in default of a previously executed which may include, but are not limited of the Allocatee, and/or provide the assistance, allocation or award to, the following: (i) The amount of the Fund with any other requested agreement(s) and has provided written awarded NMTC Allocation; (ii) the documentation, within the deadlines set notification of such determination to the approved uses of the awarded NMTC by the Fund. defaulting entity, the Fund reserves the Allocation (e.g., loans to or equity C. Fees: The Fund reserves the right, right, in its sole discretion, to delay investments in Qualified Active Low- in accordance with applicable Federal entering into an Allocation Agreement Income Businesses or loans to or equity law and if authorized, to charge and/or to impose limitations on the investments in other CDEs); (iii) the allocation reservation and/or Allocatee’s ability to issue QEIs to approved service area(s) in which the compliance monitoring fees to all investors, until said prior awardee or proceeds of QEIs may be used, entities receiving NMTC Allocations. Allocatee has submitted a complete and including the dollar amount of QLICIs Prior to imposing any such fee, the timely report demonstrating full that must be invested in Non- Fund will publish additional compliance with said agreement within Metropolitan counties; (iv) the time information concerning the nature and a timeframe set by the Fund. If said period by which the applicant may amount of the fee. prior awardee or Allocatee is unable to obtain QEIs from investors; (v) reporting D. Reporting: The Fund will collect meet this requirement, the Fund requirements for all applicants receiving information, on at least an annual basis, reserves the right, in its sole discretion, NMTC Allocations; and (vi) a from all applicants that are awarded to terminate and rescind the Notice of requirement to maintain certification as NMTC Allocations and/or are recipients Allocation and the allocation made a CDE throughout the term of the of QLICIs, including such audited under this NOAA. Allocation Agreement. If an applicant financial statements and opinions of has represented in its NMTC allocation counsel as the Fund deems necessary or 4. Termination in default: If (i) within application that it intends to invest desirable, in its sole discretion. The the 12-month period prior to entering substantially all of the proceeds from its Fund will use such information to into an Allocation Agreement through investors in businesses in which monitor each Allocatee’s compliance this NOAA, the Fund has made a final persons unrelated to the applicant hold with the provisions of its Allocation determination that an Allocatee that is a majority equity interest, the Allocation Agreement and to assess the impact of a prior Fund awardee or Allocatee Agreement will contain a covenant the NMTC Program in Low-Income under any Fund program whose award whereby said applicant agrees that it Communities. The Fund may also or allocation was terminated in default will invest substantially all of said provide such information to the IRS in of such prior agreement; (ii) the Fund proceeds in businesses in which a manner consistent with IRC § 6103 so has provided written notification of persons unrelated to the applicant hold that the IRS may determine, among such determination to such a majority equity interest. other things, whether the Allocatee has organization; and (iii) the final reporting In addition to entering into an used substantially all of the proceeds of period end date for the applicable Allocation Agreement, each applicant each QEI raised through its NMTC terminated agreement falls in such selected to receive a NMTC Allocation Allocation to make QLICIs. The organization’s 2007 or 2008 fiscal year, must furnish to the Fund an opinion Allocation Agreement shall further the Fund reserves the right, in its sole from its legal counsel, the content of describe the Allocatee’s reporting discretion, to delay entering into an which will be further specified in the requirements. Allocation Agreement and/or to impose Allocation Agreement, to include, The Fund reserves the right, in its sole limitations on the Allocatee’s ability to among other matters, an opinion that an discretion, to modify these reporting issue QEIs to investors. Furthermore, if applicant (and its Subsidiary requirements if it determines it to be (i) Within the 12-month period prior to transferees, if any): (i) Is duly formed appropriate and necessary; however, entering into an Allocation Agreement and in good standing in the jurisdiction such reporting requirements will be through this NOAA, the Fund has made in which it was formed and the modified only after due notice to a final determination that an Affiliate of jurisdiction(s) in which it operates; (ii) Allocatees. the Allocatee is a prior Fund awardee or has the authority to enter into the VII. Agency Contacts Allocatee under any Fund program Allocation Agreement and undertake whose award or allocation was the activities that are specified therein; The Fund will provide programmatic terminated in default of such prior (iii) has no pending or threatened and information technology support agreement; (ii) the Fund has provided litigation that would materially affect its related to the allocation application written notification of such ability to enter into and carry out the between the hours of 9 a.m. and 5 p.m. determination to the defaulting entity; activities specified in the Allocation ET through April 6, 2009. The Fund will and (iii) the final reporting period end Agreement; and (iv) is not in default of not respond to phone calls or e-mails date for the applicable terminated its articles of incorporation, bylaws or concerning the application that are agreement falls in such defaulting other organizational documents, or any received after 5 p.m. ET on April 6, entity’s 2007 or 2008 fiscal year, the agreements with the Federal 2009 until after the allocation Fund reserves the right, in its sole government. application deadline of April 8, 2009. discretion, to delay entering into an If an Allocatee identifies Subsidiary Applications and other information Allocation Agreement and/or to impose transferees, the Fund reserves the right regarding the Fund and its programs limitations on the Allocatee’s ability to to require an Allocatee to provide may be obtained from the Fund’s Web issue QEIs to investors. supporting documentation evidencing site at http://www.cdfifund.gov. The
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Fund will post on its Web site responses administrative requirements of this Legal Review,’’ found on the Fund’s to questions of general applicability NOAA, contact the Fund’s Awards Web site at http://www.cdfifund.gov. regarding the NMTC Program. Manager by e-mail at VIII. Information Sessions A. Information technology support: [email protected], by Technical support can be obtained by telephone at (202) 622–8226, by In connection with this NOAA, the calling (202) 622–2455 or by e-mail at facsimile at (202) 622–6453, or by mail Fund may conduct multiple information [email protected]. People who at CDFI Fund, 601 13th Street, NW., sessions around the country at locations have visual or mobility impairments Suite 200 South, Washington, DC 20005. to be announced, as well as an that prevent them from accessing the These are not toll free numbers. information session that will be Low-Income Community maps using the produced in Washington, DC and D. IRS support: For questions Fund’s Web site should call (202) 622– broadcast over the internet via regarding the tax aspects of the NMTC 2455 for assistance. These are not toll Webcasting. For further information on Program, contact Branch Five, Office of free numbers. these upcoming information sessions, the Associate Chief Counsel B. Programmatic support: If you have please visit the Fund’s Web site at (Passthroughs and Special Industries), any questions about the programmatic http://www.cdfifund.gov or call the IRS, by telephone at (202) 622–3040, by requirements of this NOAA, contact the Fund at (202) 622–9046. Fund’s NMTC Program Manager by e- facsimile at (202) 622–4753, or by mail at 1111 Constitution Avenue, NW., Attn: Authority: 26 U.S.C. 45D; 31 U.S.C. 321; 26 mail at [email protected], by CFR 1.45D–1. telephone at (202) 622–6355, by CC:PSI:5, Washington, DC 20224. These facsimile at (202) 622–7754, or by mail are not toll free numbers. Dated: January 13, 2009. at CDFI Fund, 601 13th Street, NW., E. Legal counsel support: If you have Donna J. Gambrell, Suite 200 South, Washington, DC 20005. any questions or matters that you Director, Community Development Financial These are not toll-free numbers. believe require response by the Fund’s Institutions Fund. C. Administrative support: If you have Office of Legal Counsel, please refer to [FR Doc. E9–1131 Filed 1–21–09; 8:45 am] any questions regarding the the document titled ‘‘How to Request a BILLING CODE 4810–70–P
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Part II
The President
Proclamation 8340—Martin Luther King, Jr., Federal Holiday, 2009 Proclamation 8342—To Suspend Entry as Immigrants and Nonimmigrants of Foreign Government Officials Responsible for Failing to Combat Trafficking in Persons Executive Order 13487—Establishment of a Temporary Organization to Facilitate United States Government Support for Afghanistan Memorandum of January 16, 2009— Designating Officers of the National Aeronautics and Space Administration To Act as Administrator Memorandum of January 16, 2009— Designation of Officers to Act as President of the Overseas Private Investment Corporation
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Federal Register Presidential Documents Vol. 74, No. 13
Thursday, January 22, 2009
Title 3— Proclamation 8340 of January 15, 2009
The President Martin Luther King, Jr., Federal Holiday, 2009
By the President of the United States of America
A Proclamation On the Martin Luther King, Jr., Federal Holiday, we recognize one of history’s most consequential advocates for equality and civil rights, and we celebrate his powerful message of justice and hope. Our Nation is better because Dr. King was a man of courage and vision who understood that love and compassion will always triumph over bitterness and hatred. As Americans, we believe it is self-evident that all men are created equal and that freedom is not a grant of government but a gift from the Author of Life. Dr. King trusted in these beliefs articulated in our founding documents even when our country’s practices did not live up to its promises. He roused the conscience of a complacent Nation by drawing attention to the ugliness of discrimination and segregation and by calling on Americans to live up to our guarantee of equality. Our Nation has seen tremendous progress in redeeming the ideals of America and protecting every person’s God-given rights. The historic election of Barack Obama as President of the United States reflects the real advances our Nation has made in the fight against the bigotry that Dr. King opposed. More work remains, though, and we must heed Dr. King’s words that ‘‘injus- tice anywhere is a threat to justice everywhere.’’ By continuing to spread his message and demanding that the equal rights he fought for are extended to all people, we can ensure that the dignity of every person is respected and that the hope for a better tomorrow reaches every community throughout the world. As we observe Dr. King’s birthday, we commemorate his leadership and strength of character. We go forward with confidence that if we remain true to our founding principles, our Nation will continue to advance the cause of justice and remain a beacon of hope to people everywhere. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim January 19, 2009, as the Martin Luther King, Jr., Federal Holiday. I encourage all Americans to observe this day with appropriate civic, community, and service programs and activities in honor of Dr. King’s life and legacy.
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IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–1526 Filed 1–21–09; 11:15 am] Billing code 3195–W9–P
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Proclamation 8342
To Suspend Entry As Immigrants And Nonimmigrants of Foreign Government Officials Responsible for Failing To Combat Trafficking In Persons
By the President of the United States of America
A Proclamation
In order to foster greater resolve to address trafficking in persons (TIP), specifically in punishing acts of trafficking and providing protections to the victims of these crimes, consistent with the Trafficking Victims Protection Act of 2000, as amended (the ‘‘Act’’) (22 U.S.C. 7101 et seq.), it is in the interests of the United States to restrict the international travel and to suspend entry into the United States, as immigrants or nonimmigrants, of certain senior government officials responsible for domestic law enforce- ment, justice, or labor affairs who have impeded their governments’ antitrafficking efforts, have failed to implement their governments’ antitrafficking laws and policies, or who otherwise bear responsibility for their governments’ failures to take steps recognized internationally as appro- priate to combat trafficking in persons, and whose governments have been ranked more than once as Tier 3 countries, which represent the worst anti-TIP performers, in the Department of State’s annual Trafficking in Per- sons Report, and for which I have made a determination pursuant to section 110(d)(1)-(2) or (4) of the Act. The Act reflects international antitrafficking standards that guide efforts to eradicate this modern-day form of slavery around the world. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, including section 212(f) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in sections 2 and 3 of this proclamation, be detrimental to the interests of the United States. I therefore hereby proclaim that: Section 1. The entry into the United States, as immigrants or nonimmigrants, of the following aliens is hereby suspended: (a) Senior government officials—defined as the heads of ministries or agencies and officials occupying positions within the two bureaucratic levels below those top positions—responsible for domestic law enforcement, justice, or labor affairs who have impeded their governments’ antitrafficking efforts, have failed to implement their governments’ antitrafficking laws and policies, or who otherwise bear responsibility for their governments’ failures to take steps recognized internationally as appropriate to combat trafficking in per- sons, and who are members of governments for which I have made a deter- mination pursuant to section 110(d)(1)-(2) or (4) of the Act, in the current year and at least once in the preceding 3 years; (b) The spouses of persons described in subsection (a) of this section.
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Sec. 2. Section 1 of this proclamation shall not apply with respect to any person otherwise covered by section 1 where entry of such person would not be contrary to the interest of the United States. Sec. 3. Persons covered by sections 1 or 2 of this proclamation shall be identified by the Secretary of State or the Secretary’s designee, in his or her sole discretion, pursuant to such procedures as the Secretary may estab- lish under section 5 of this proclamation. Sec. 4. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agree- ments. Sec. 5. The Secretary of State shall implement this proclamation pursuant to such procedures as the Secretary, in consultation with the Secretary of Homeland Security, may establish. Sec. 6. This proclamation is effective immediately. It shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated, either in whole or in part. Any such determination by the Secretary of State shall be published in the Federal Register. Sec. 7. This proclamation is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of January, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–1529 Filed 1–21–09; 11:15 am] Billing code 3195–W9–P
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Executive Order 13487 of January 16, 2009
Establishment of a Temporary Organization To Facilitate United States Government Support for Afghanistan
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Afghanistan Support Office (ASO). Sec. 2. Purpose of the Temporary Organization. The purpose of the ASO shall be to perform the specific project of supporting executive departments and agencies in preventing Afghanistan from becoming a safe haven for terrorists, facilitating Afghanistan’s progress to self-sufficiency, and maintain- ing an effective diplomatic presence in Afghanistan. Sec. 3. Functions of the Temporary Organization. In carrying out its purpose set forth in section 2, the ASO shall: (a) support executive departments and agencies in building the civilian capabilities of the Government of Afghanistan, including expansion of central services by the Government of Afghanistan, development of a thriving private sector economy, and improvement in the governance of Afghanistan’s terri- tory and borders; and (b) perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. The ASO shall be headed by a Director selected by the Secretary. The ASO shall be jointly based in Washington, D.C., and Afghanistan, and the Secretary of State shall seek accreditation of employees as members of the United States Embassy Kabul as necessary. Sec. 5. General Provisions. (a) This order shall be implemented in accordance with applicable law, subject to the availability of appropriations, and con- sistent with presidential guidance. (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its offi- cers, employees, or agents, or any other person.
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(c) The ASO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary.
THE WHITE HOUSE, January 16, 2009
[FR Doc. E9–1538 Filed 1–21–09; 11:15 am] Billing code 3195–W9–P
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Memorandum of January 16, 2009
Designation of Officers of the National Aeronautics And Space Administration To Act as Administrator
Memorandum for the Administrator of the National Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that: Section 1. Order of Succession. Subject to the provisions of section 2 of this memorandum, the following officials of the National Aeronautics and Space Administration (NASA), in the order listed, shall act as and perform the functions and duties of the office of the Administrator of NASA (Adminis- trator), during any period in which both the Administrator and Deputy Administrator of NASA (Deputy Administrator) have died, resigned, or other- wise become unable to perform the functions and duties of the office of Administrator, until such time as the Administrator or Deputy Administrator is able to perform the functions and duties of that office: (a) Associate Administrator; (b) Chief of Staff to the NASA Administrator; (c) Director for Johnson Space Flight Center; (d) Director for Kennedy Space Flight Center; and (e) Director for Marshall Space Flight Center. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Administrator pursuant to this memorandum. (b) No individual listed in section 1 shall act as Administrator unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998. (c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Administrator. Sec. 3. This memorandum is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, it agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
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Sec. 4. You are authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, January 16, 2009
[FR Doc. E9–1539 Filed 1–21–09; 11:15 am] Billing code 7510–13–M
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Memorandum of January 16, 2009
Designation of Officers to Act as President of the Overseas Private Investment Corporation
Memorandum for the President of the Overseas Private Investment Cor- poration
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that: Section 1. Order of Succession. Subject to the provisions of section 2 of this memorandum, the following officials of the Overseas Private Investment Corporation, in the order listed, shall act as and perform the functions and duties of the office of the President of the Overseas Private Investment Corporation (POPIC), during any period in which the POPIC has died, re- signed, or otherwise become unable to perform the functions and duties of the office of POPIC, until such time as the POPIC is able to perform the functions and duties of that office: (a) Executive Vice President; (b) Vice President and General Counsel; (c) Vice President and Chief Financial Officer; (d) Deputy General Counsel; and (e) Director of Operations. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as POPIC pursuant to this memorandum. (b) No individual listed in section 1 shall act as POPIC unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998. (c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting POPIC. Sec. 3. This memorandum is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, it agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
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Sec. 4. You are authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, January 16, 2009
[FR Doc. E9–1541 Filed 1–21–09; 11:15 am] Billing code 3210–01–M
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Part III
The President Proclamation 8341—To Implement The United States-Peru Trade Promotion Agreement And for Other Purposes Executive Order 13488—Granting Reciprocity on Expected Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust
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Federal Register Presidential Documents Vol. 74, No. 13
Thursday, January 22, 2009
Title 3— Proclamation 8341 of January 16, 2009
The President To Implement The United States-Peru Trade Promotion Agreement And for Other Purposes
By the President of the United States of America
A Proclamation 1. On April 12, 2006, the United States entered into the United States- Peru Trade Promotion Agreement (the ‘‘Agreement’’), and on June 24 and June 25, 2007, the Parties to the Agreement signed a protocol amending the Agreement. Congress approved the Agreement as amended in section 101(a) of the United States-Peru Trade Promotion Agreement Implementation Act (the ‘‘Implementation Act’’) (Public Law 110–138, 121 Stat. 1455) (19 U.S.C. 3805 note). 2. Section 105(a) of the Implementation Act authorizes the President to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels estab- lished under chapter 21 of the Agreement. 3. Section 201 of the Implementation Act authorizes the President to proclaim such modifications or continuation of any duty, such continuation of duty- free or excise treatment, or such additional duties, as the President determines to be necessary or appropriate to carry out or apply Articles 2.3, 2.5, 2.6, 3.3.13 and Annex 2.3 of the Agreement. 4. Section 201(d) of the Implementation Act authorizes the President to take such action as may be necessary in implementing the tariff-rate quotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 of the Agreement to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. 5. Consistent with section 201(a)(2) of the Implementation Act, Peru is to be removed from the enumeration of designated beneficiary developing countries eligible for the benefits of the Generalized System of Preferences (GSP) on the date the Agreement enters into force. Further, consistent with section 604 of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2483), I have determined that other technical and conforming changes to the Harmonized Tariff Schedule of the United States (HTS) are necessary to reflect that Peru is no longer eligible to receive the benefits of the GSP. 6. Section 203 of the Implementation Act sets forth certain rules for deter- mining whether a good is an originating good for the purpose of implementing preferential tariff treatment provided for under the Agreement. I have decided that it is necessary to include these rules of origin, together with particular rules applicable to certain other goods, in the HTS. 7. Section 203(o) of the Implementation Act authorizes the President to determine that a fabric, yarn, or fiber is or is not available in commercial quantities in a timely manner in the United States and Peru; to establish procedures governing the request for any such determination and ensuring appropriate public participation in any such determination; to add any fabric, yarn, or fiber determined to be not available in commercial quantities in a timely manner in the United States and Peru to the list in Annex 3- B of the Agreement in a restricted or unrestricted quantity; to eliminate a restriction on the quantity of a fabric, yarn, or fiber within 6 months
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after adding the fabric, yarn, or fiber to the list in Annex 3-B of the Agreement in a restricted quantity; and to restrict the quantity of, or remove from the list in Annex 3-B of the Agreement, certain fabrics, yarns, or fibers. 8. Section 208 of the Implementation Act authorizes the President to take certain enforcement actions relating to trade with Peru in textile and apparel goods. 9. Subtitle B of title III of the Implementation Act authorizes the President to take certain actions in response to a request by an interested party for relief from serious damage or actual threat thereof to a domestic industry producing certain textile or apparel articles. 10. Executive Order 11651 of March 3, 1972, as amended, established the Committee for the Implementation of Textile Agreements (CITA), consisting of representatives of the Departments of State, the Treasury, Commerce, and Labor, and the Office of the United States Trade Representative, with the representative of the Department of Commerce as Chairman, to supervise the implementation of textile trade agreements. Consistent with section 301 of title 3, United States Code, when carrying out functions vested in the President by statute and assigned by the President to CITA, the officials collectively exercising those functions are all to be officers required to be appointed by the President with the advice and consent of the Senate. 11. Presidential Proclamation 7971 of December 22, 2005, implemented the United States-Morocco Free Trade Agreement (USMFTA). The proclamation implemented, pursuant to section 201 of the United States-Morocco Free Trade Agreement Implementation Act (the ‘‘USMFTA Act’’) (Public Law 108–302, 118 Stat. 1103) (19 U.S.C. 3805 note), the staged reductions in rates of duty that I determined to be necessary or appropriate to carry out or apply certain provisions of the USMFTA, including Articles 2.5 and 2.6. The proclamation inadvertently omitted two modifications to the HTS necessary to carry out the provisions of Articles 2.5 and 2.6 of the USMFTA. I have determined that technical corrections to the HTS are nec- essary to provide the intended tariff treatment under Articles 2.5 and 2.6 of the USMFTA. 12. Presidential Proclamation 8039 of July 27, 2006, implemented the United States-Bahrain Free Trade Agreement (USBFTA). The proclamation imple- mented, pursuant to section 201 of the United State-Bahrain Free Trade Agreement Implementation Act (the ‘‘USBFTA Act’’) (Public Law 109–169, 119 Stat. 3581), the staged reductions in rates of duty that I determined to be necessary or appropriate to carry out or apply certain provisions of the USBFTA, including Articles 2.5 and 2.6. The proclamation inadvert- ently omitted two modifications to the HTS necessary to carry out the provisions of Articles 2.5 and 2.6 of the USBFTA. I have determined that technical corrections to the HTS are necessary to provide the intended tariff treatment under Articles 2.5 and 2.6 of the USBFTA. 13. Presidential Proclamation 8331 of December 23, 2008, implemented the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) for trade with Costa Rica. The proclamation implemented, pur- suant to section 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the ‘‘CAFTA-DR Act’’) (Public Law 109–53, 119 Stat. 467) (19 U.S.C. 4031), the duty treatment necessary to carry out or apply Articles 3.3 and 3.27, and Annexes 3.3 (including the schedule of United States duty reductions with respect to originating goods) and 3.27, of the CAFTA-DR. I have determined that tech- nical corrections to the HTS are necessary to provide the intended duty treatment under the CAFTA-DR. 14. Section 604 of the 1974 Act, as amended, authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other Acts affecting import treatment, and of actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
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NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 604 of the 1974 Act; sections 105(a), 201, 203, 208, and subtitle B of title III of the Implementation Act; and section 301 of title 3, United States Code, and having made the determination under section 101(b) of the Implementation Act necessary for the exchange of notes, do hereby proclaim: (1) In order to provide generally for the preferential tariff treatment being accorded under the Agreement, to set forth rules for determining whether goods imported into the customs territory of the United States are eligible for preferential tariff treatment under the Agreement, to provide certain other treatment to originating goods of Peru for the purposes of the Agreement, to provide tariff-rate quotas with respect to certain originating goods of Peru, to reflect Peru’s removal from the enumeration of designated beneficiary developing countries for purposes of the GSP, and to make technical and conforming changes in the general notes to the HTS, the HTS is modified as set forth in Annex I of Publication 4058 of the United States International Trade Commission, entitled, ‘‘Modifications to the Har- monized Tariff Schedule of the United States to Implement the United States-Peru Trade Promotion Agreement’’, which is incorporated by reference into this proclamation. (2) In order to implement the initial stage of duty elimination provided for in the Agreement and to provide for future staged reductions in duties for originating goods of Peru for purposes of the Agreement, the HTS is modified as provided in Annex II of Publication 4058, effective on the dates specified in the relevant sections of such publication and on any subsequent dates set forth for such duty reductions in that publication. (3) The amendments to the HTS made by paragraphs (1) and (2) of this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the relevant dates indicated in Annex II to Publication 4058. (4) The Secretary of Commerce is authorized to exercise my authority under section 105(a) of the Implementation Act to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section. (5) The United States Trade Representative (USTR) is authorized to exercise my authority under section 201(d) of the Implementation Act to take such action as may be necessary in implementing the tariff-rate quotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 of the Agreement to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. This action is set forth in Annex I of Publication 4058. (6) The CITA is authorized to exercise my authority under section 203(o) of the Implementation Act to determine that a fabric, yarn, or fiber is or is not available in commercial quantities in a timely manner in the United States and Peru; to establish procedures governing the request for any such determination and ensuring appropriate public participation in any such determination; to add any fabric, yarn, or fiber determined to be not available in commercial quantities in a timely manner in the United States and Peru to the list in Annex 3-B of the Agreement in a restricted or unrestricted quantity; to eliminate a restriction on the quantity of a fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or fiber to the list in Annex 3-B of the Agreement in a restricted quantity; and to restrict the quantity of, or remove from the list in Annex 3-B of the Agreement, certain fabrics, yarns, or fibers. (7) The CITA is authorized to exercise my authority under section 208 of the Implementation Act to exclude certain textile and apparel goods from the customs territory of the United States; to determine whether an enterprise’s production of, and capability to produce, goods are consistent with statements by the enterprise; to find that an enterprise has knowingly
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or willfully engaged in circumvention; and to deny preferential tariff treat- ment to textile and apparel goods. (8) The CITA is authorized to exercise the functions of the President under subtitle B of title III of the Implementation Act to review requests, and to determine whether to commence consideration of such requests; to cause to be published in the Federal Register a notice of commencement of consid- eration of a request and notice seeking public comment; to determine whether imports of a Peruvian textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article; and to provide relief from imports of an article that is the subject of such a determination. (9) The CITA, after consultation with the Commissioner of Customs (the ‘‘Commissioner’’), is authorized to consult with representatives of Peru for the purpose of identifying particular textile or apparel goods of Peru that are mutually agreed to be handloomed fabrics, handmade goods made of such handloomed fabrics, folklore goods, or handmade goods that substan- tially incorporate a historical or traditional regional design or motif, as provided in Article 3.3.12 of the Agreement. The Commissioner shall take actions as directed by the CITA to carry out any such determination. (10) The USTR is authorized to fulfill my obligations under section 104 of the Implementation Act to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action. (11) The USTR is authorized to modify U.S. note 29 to subchapter XXII of chapter 98 of the HTS in a notice published in the Federal Register to reflect modifications pursuant to paragraph (6) of this proclamation by the CITA to the list of fabrics, yarns, or fibers in Annex 3-B of the Agreement. (12) In order to make technical corrections necessary to provide the intended duty treatment under Articles 2.5 and 2.6 of the USMFTA, Articles 2.5 and 2.6 of the USBFTA, and the CAFTA-DR, the HTS is modified as set forth in Annex III of Publication 4058. (13) All provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of January, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–1573 Filed 1–21–09; 2:30 pm] Billing code 3195–W9–P
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Executive Order 13488 of January 16, 2009 Granting Reciprocity on Excepted Service and Federal Con- tractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 1104(a)(1), 3301, and 7301 of title 5, United States Code, and in order to simplify and streamline the system of Federal Government personnel investigative and adjudicative processes to make them more efficient and effective, it is hereby ordered as follows: Section 1. Policy. (a) When agencies determine the fitness of individuals to perform work as employees in the excepted service or as contractor employees, prior favorable fitness or suitability determinations should be granted reciprocal recognition, to the extent practicable. (b) It is necessary to reinvestigate individuals in positions of public trust in order to ensure that they remain suitable for continued employment. Sec. 2. Definitions. For the purposes of this order: (a) ‘‘Agency’’ means an executive agency as defined in section 105 of title 5, United States Code, but does not include the Government Account- ability Office. (b) ‘‘Contractor employee’’ means an individual who performs work for or on behalf of any agency under a contract and who, in order to perform the work specified under the contract, will require access to space, informa- tion, information technology systems, staff, or other assets of the Federal Government. Such contracts, include, but are not limited to: (i) personal services contracts; (ii) contracts between any non-Federal entity and any agency; and (iii) sub-contracts between any non-Federal entity and another non- Federal entity to perform work related to the primary contract with the agency. (c) ‘‘Excepted service’’ has the meaning provided in section 2103 of title 5, United States Code, but does not include those positions in any element of the intelligence community as defined in the National Security Act of 1947, as amended, to the extent they are not otherwise subject to Office of Personnel Management appointing authorities. (d) ‘‘Fitness’’ is the level of character and conduct determined necessary for an individual to perform work for or on behalf of a Federal agency as an employee in the excepted service (other than a position subject to suitability) or as a contractor employee. (e) ‘‘Fitness determination’’ means a decision by an agency that an indi- vidual has or does not have the required level of character and conduct necessary to perform work for or on behalf of a Federal agency as an employee in the excepted service (other than a position subject to suitability) or as a contractor employee. A favorable fitness determination is not a decision to appoint or contract with an individual. (f) ‘‘Position of Public Trust’’ has the meaning provided in 5 CFR Part 731. (g) ‘‘Suitability’’ has the meaning and coverage provided in CFR Part 731.
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Sec. 3. Agency Authority to Set Fitness Criteria and Determine Equivalency. The authority to establish criteria for making fitness determinations remains within the discretion of the agency head. Agency heads also have the discre- tion to determine whether their criteria are equivalent to suitability standards established by the Office of Personnel Management. Agency heads shall take into account Office of Personnel Management guidance when exercising this discretion. Sec. 4. Reciprocal Recognition of Fitness and Suitability Determinations. (a) Except as provided by subsection (b) of this section, agencies making fitness determinations shall grant reciprocal recognition to a prior favorable fitness or suitability determination when: (i) the gaining agency uses criteria for making fitness determinations equivalent to suitability standards established by the Office of Personnel Management; (ii) the prior favorable fitness or suitability determination was based on criteria equivalent to suitability standards established by the Office of Personnel Management; and (iii) the individual has had no break in employment since the favorable determination was made. (b) Exceptions to Reciprocal Recognition. A gaining agency is not required to grant reciprocal recognition to a prior favorable fitness or suitability determination when: (i) the new position requires a higher level of investigation than pre- viously conducted for that individual; (ii) an agency obtains new information that calls into question the individual’s fitness based on character or conduct; or (iii) the individual’s investigative record shows conduct that is incompat- ible with the core duties of the new position. Sec. 5. Reinvestigation of Individuals in Positions of Public Trust. Individ- uals in positions of public trust shall be subject to reinvestigation under standards (including but not limited to the frequency of such reinvestigation) as determined by the Director of the Office of Personnel Management, to ensure their suitability for continued employment. Sec. 6. Responsibilities. (a) An agency shall report to the Office of Personnel Management the nature and results of the background investigation and fitness determination (or later changes to that determination) made on an individual, to the extent consistent with law. (b) The Director of the Office of Personnel Management is delegated author- ity to implement this order, including the authority to issue regulations and guidance governing suitability, or guidance related to fitness, as the Director determines appropriate. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order shall not suspend, impede, or otherwise affect Executive Order 10450 of April 27, 1953, as amended, or Executive Order 13467 of June 30, 2008; (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees or agents, or any other person.
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Sec. 8. Effective Date and Applicability. This order is effective upon issuance and is applicable to individuals newly appointed to excepted service positions or hired as contractor employees beginning 90 days from the effective date of this order.
THE WHITE HOUSE, January 16, 2009.
[FR Doc. E9–1574 Filed 1–21–09; 4:15 pm] Billing code 3195–W9–P
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Reader Aids Federal Register Vol. 74, No. 13 Thursday, January 22, 2009
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79...... 1634 12...... 2838, 2844 1910...... 858 257...... 41 80...... 1634 122...... 2824 1915...... 858 163...... 2844 1917...... 858 41 CFR 10 CFR 207...... 2847 1918...... 858 102-42...... 2395 72...... 1143 1926...... 858 301-10 ...... 2396, 2397 150...... 1872 21 CFR 2550...... 3822 Proposed Rules: 431...... 1091 56...... 2358 2560...... 17, 2373 102-192...... 870 Proposed Rules: 73...... 207 4022...... 2863 430...... 1643, 3450 101...... 207 4044...... 772 42 CFR 431...... 411, 1992 314...... 2849 Proposed Rules: 414...... 2873 12 CFR 320...... 2849 1910...... 3526 422...... 1494 520...... 1146 423...... 1494, 2881 622...... 2340 558...... 6 30 CFR 424...... 166 1202...... 2342 866...... 6 6...... 3430 1250...... 2347 Proposed Rules: Proposed Rules: 14...... 3430 1773...... 2347 423...... 1550 131...... 2443 18...... 3430 493...... 3264 13 CFR 1300...... 3480 48...... 3430 1301...... 3480 75...... 3430 43 CFR Proposed Rules: 926...... 217 120...... 1992 1304...... 3480 3500...... 637 121...... 1153 1305...... 3480 Proposed Rules: 44 CFR 125...... 1153 1307...... 3480 74...... 2915 936...... 868 64...... 641, 773 127...... 1153 22 CFR 134...... 1153 938...... 2005 65...... 775 42...... 2369 67...... 401, 778 31 CFR 14 CFR 215...... 9 Proposed Rules: 11...... 201 31...... 3431 67 ...... 238, 241, 244, 245, 246, 23 CFR 25...... 1143 247, 789 71 ...... 769, 1872, 1874, 2350 Proposed Rules: 32 CFR 95...... 396 180...... 3487 160...... 2864 45 CFR 97 ...... 202, 205, 3963, 3965 511...... 1993 Proposed Rules: 46...... 2399 121...... 2351 260...... 2932 88...... 2888 24 CFR Proposed Rules: 89...... 2888 39 ...... 664, 1153, 1155, 1158, 30...... 2750 33 CFR 162...... 3296, 3328 1159, 1164, 1646, 1649, 203...... 2369 125...... 2865 2425, 3462, 3978 1003...... 1868 155...... 3364 46 CFR 65...... 1280 3500...... 2369 157...... 3364 162...... 3364 71 ...... 1651, 1652, 2427, 2909, 4001...... 617 165...... 2373 401...... 220 3465, 3466, 3468 Proposed Rules: 26 CFR Proposed Rules: 119...... 1280 160...... 3534 197...... 414 121...... 1280, 3469 1...... 340, 3420 161...... 3534 135...... 1280 31...... 3421 164...... 3534 47 CFR 142...... 1280 301...... 340, 2370 165...... 3534 1...... 3444 602...... 340 73...... 1593, 2405 15 CFR 34 CFR Proposed Rules: 79...... 1594 742...... 2355 1 ...... 236, 3508, 3509 99...... 400 744...... 770, 2355 Proposed Rules: 31...... 789 73...... 1653 746...... 2355 41...... 2910 37 CFR 806...... 1590 74...... 61 301...... 236 Proposed Rules: 922...... 3216 79...... 1654 201...... 666 Proposed Rules: 27 CFR 48 CFR 736...... 413 38 CFR 9...... 3422, 3425 Ch. 1...... 2710, 2746 16 CFR 478...... 1875 21...... 3436 1...... 2712, 2733 1...... 857 555...... 1878 Proposed Rules: 2 ...... 1937, 2712, 2713 3...... 2016 3...... 2713 3...... 1804 28 CFR 4...... 1804 17...... 3535 4...... 2712, 2724 545...... 1892 5...... 2731 Proposed Rules: 39 CFR 1500 ....2428, 2433, 2435, 2439 550...... 1892 6...... 2731 Proposed Rules: 111...... 2866 7...... 2733 17 CFR 548...... 2913 3020 ...... 219, 622, 858 11...... 2740 210...... 2158 12 ...... 2712, 2713, 2741 29 CFR 40 CFR 211...... 2158 15...... 2724, 2746 229...... 2158 3...... 2862 19...... 626 17...... 2724 230...... 3138, 3967 5...... 2862 51...... 2376, 3437 18...... 2733 240...... 3138, 3967 403...... 3678 52 ...... 1146, 1148, 1591, 1899, 22 ...... 1937, 2724, 2741, 2745 249...... 2158 408...... 3678 1903, 1927, 2376, 2383, 23...... 2713, 2740 260...... 3967 825...... 2862 2387, 2392, 3442, 3975 24...... 2731 Proposed Rules: 1601...... 3429 81...... 1148 25...... 2713, 2745 38...... 3475 1603...... 3429 82...... 21 28...... 2733 1605...... 3429 180 ...... 629, 634, 637, 2867 32...... 2733 18 CFR 1611...... 3429 Proposed Rules: 33...... 2733 Proposed Rules: 1612...... 3429 50...... 2936 39...... 2740 284...... 2443 1614...... 3429 51...... 2460, 2936 43...... 2733 1615...... 3429 52 ...... 667, 2018, 2460, 2945 50...... 2733 19 CFR 1621...... 3429 82...... 2954 52 ...... 1937, 2712, 2713, 2724, 4...... 2824 1626...... 3429 112...... 2461 2733, 2740, 2741, 2745
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202...... 2407 49 CFR 365...... 2895 640...... 1148 203 ...... 2407, 2408, 2410 171...... 1770, 2200 374...... 2895 648...... 233 204...... 2411 172...... 1770, 2200 580...... 643 679 ...... 233, 868, 1631, 1946, 209 ...... 2408, 2413, 2414 173...... 1770, 2200 Proposed Rules: 2902, 3446, 3449 212...... 2415 174...... 1770 80...... 3487 Proposed Rules: 216...... 2416 261...... 3487 175...... 2200 17...... 419, 2465 218...... 2407 640...... 3487 176...... 2200 32...... 1838 225...... 2417, 2418 178...... 2200 1201...... 248 223...... 249 236...... 2417 179...... 1770 1242...... 248 237...... 2421 190...... 2889 1301...... 416 224...... 249 252 .....2408, 2410, 2411, 2417, 191...... 2889 1700...... 3487 253...... 2467 2418, 2421, 2422 192...... 2889 300...... 2019, 2032 542...... 863 193...... 2889 50 CFR 600...... 2467 543...... 864 194...... 2889 216 ...... 1456, 1607, 3882 648...... 2478, 2959 552...... 863, 864 195...... 2889 224...... 1937 660...... 252 Proposed Rules: 199...... 2889 300...... 1607 679...... 254, 2984 22...... 872 213...... 1605 600...... 3178 52...... 872 356...... 2895 622...... 1148, 1621
VerDate Nov 24 2008 20:04 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\22JACU.LOC 22JACU rwilkins on PROD1PC63 with NOTICES iv Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Reader Aids
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