9–21–10 Tuesday Vol. 75 No. 182 Sept. 21, 2010

Pages 57369–57656

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Contents Federal Register Vol. 75, No. 182

Tuesday, September 21, 2010

Agency for Healthcare Research and Quality Employment and Training Administration NOTICES NOTICES Voluntary Delistings: Affirmative Determinations Regarding Applications for Patient Safety Organizations, 57477 Reconsideration: Humana Insurance Co., Division of Carenetwork, Inc., Agriculture Department Green Bay, WI, 57502–57503 See Forest Service Amended Certifications Regarding Eligibility to Apply for NOTICES Worker Adjustment Assistance: Agency Information Collection Activities; Proposals, Amphenol Antenna Solutions, Subsidiary of Amphenol Submissions, and Approvals, 57437 Corp., etc., et al., Hickory, NC, 57506 Dell Products LP Winston–Salem (WS–1) Division, et al., Antitrust Division Winston–Salem, NC, 57505–57506 NOTICES EDS, HP Co., Subsidiary of Hewlett–Packard Co., et al., 1993 National Cooperative Research and Production Act; Detroit, MI, 57506 Correction: SUPERVALU, Inc. et al., 57504–57505 Robotics Technology Consortium, Inc., 57502 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 57514–57517 Census Bureau Negative Determinations on Remand: NOTICES Atlantic Southeast Airlines, Subsidiary of Skywest, Inc., Agency Information Collection Activities; Proposals, etc., et al., Fort Smith, AR, 57517–57519 Submissions, and Approvals: Negative Determinations Regarding Applications for Survey of Income and Program Participation Wave 9 of Reconsideration: 2008 Panel, 57440–57441 Weather Shield Manufacturing, Medford, WI, 57519– 57520 Centers for Disease Control and Prevention NOTICES Energy Department Charter Renewals: PROPOSED RULES Breast and Cervical Cancer Early Detection and Control Energy Conservation Program for Consumer Products: Advisory Committee, 57472 Test Procedure for Residential Clothes Washers, 57556– 57595 Coast Guard Energy Conservation Programs: RULES Certification, Compliance, and Enforcement for Consumer Special Local Regulations for Marine Events: Products and Commercial and Industrial Equipment; Patuxent River, Solomons, MD, 57388–57390 Correction, 57410 NOTICES Commerce Department Meetings: DOE/NSF High Energy Physics Advisory Panel, 57463 See Census Bureau Environmental Management Site-Specific Advisory See International Trade Administration Board, Oak Ridge Reservation, 57462 See National Oceanic and Atmospheric Administration NOTICES Environmental Management Site-Specific Advisory Agency Information Collection Activities; Proposals, Board, Savannah River Site, 57462–57463 Submissions, and Approvals, 57438–57439 Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals: RULES Application for NATO International Competitive Bidding, Approvals and Promulgations of Implementation Plans: 57439 Alabama; Volatile Organic Compounds, 57390–57393 Performance Review Board Membership, 57440 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Commodity Futures Trading Commission Alabama; Volatile Organic Compounds, 57412–57413 NOTICES NOTICES Meetings; Sunshine Act, 57457–57458 Proposed Administrative Settlements Pursuant to Comprehensive Environmental Response, Defense Department Compensation, and Liability Act, 57463 NOTICES Review of Secondary National Ambient Air Quality Privacy Act; Systems of Records, 57458–57460 Standards for Oxides of Nitrogen and Oxides of Sulfur, 57463–57465 Education Department NOTICES Executive Office of the President Agency Information Collection Activities; Proposals, See Presidential Documents Submissions, and Approvals, 57460–57462 See Science and Technology Policy Office

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Export-Import Bank Fish and Wildlife Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Endangered and Threatened Wildlife and Plants: Submissions, and Approvals, 57465 90-Day Finding on a Petition to Reclassify the U.S. Breeding Population of Wood Storks from Federal Aviation Administration Endangered to Threatened, 57426–57431 RULES Migratory Bird Permits: Airworthiness Directives: Possession and Educational Use, 57413–57426 Turbomeca Arriel 1 Series Turboshaft Engines, 57371– Food and Drug Administration 57373 Amendments to Class D Airspace: NOTICES Clinical Investigator Training Course, 57472 Miami Opa Locka Airport, FL, and Hollywood, FL, 57373 Meetings: Establishments of Class E Airspace and Amendments to Cardiovascular and Renal Drugs Advisory Committee, Class D Airspace: 57474–57475 Troutdale, OR, 57374 Establishments of Class E Airspace: Forest Service Fillmore, UT, 57374–57375 NOTICES Toledo, WA, 57375–57376 Meetings: Modifications of Class B Airspace: Chippewa National Forest Resource Advisory Committee, Chicago, IL, 57376–57383 57438 Modifications of Class E Airspace: Saguache County Resource Advisory Committee, 57437– Willcox, AZ, 57383–57384 57438 Santa Rosa and San Jacinto Mountains National Federal Communications Commission Monument Advisory Committee; California, 57496 NOTICES Meetings; Sunshine Act, 57465–57466 Health and Human Services Department See Agency for Healthcare Research and Quality Federal Deposit Insurance Corporation See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Agency Information Collection Activities; Proposals, See National Institutes of Health Submissions, and Approvals, 57467 NOTICES Updated Listing of Financial Institutions in Liquidation, Guidance on Withdrawal of Subjects from Research: 57467–57468 Data Retention and Other Related Issues, 57469–57470 Homeland Security Department Federal Financial Institutions Examination Council See Coast Guard NOTICES See U.S. Customs and Border Protection Meetings: Appraisal Subcommittee, 57468 Housing and Urban Development Department NOTICES Federal Highway Administration 2011 Statutorily Mandated Designation of Difficult NOTICES Development Areas and Qualified Census Tracts, Environmental Impact Statements; Availability, etc.: 57481–57490 Route 475 (Knoxville Parkway); Rescission, 57549 Agency Information Collection Activities; Proposals, US 64 / Corridor K Project, Polk County, TN, 57548– Submissions, and Approvals: 57549 American Recovery and Reinvestment Act; Public and Indian Housing Grants Reporting, 57492–57493 Federal Motor Carrier Safety Administration Family Unification Program; Emergency Comment RULES Request, 57491 Parts and Accessories Necessary for Safe Operation: Multifamily Project Monthly Accounting Reports, 57490 Antilock Brake Systems, 57393–57396 Public Housing 5 Year Annual PHA Plan, 57492 Section 202 Supportive Housing for Elderly Application Submission Requirements, 57490–57491 Federal Railroad Administration PROPOSED RULES Interior Department Federal Railroad Safety Laws or Federal Railroad See Fish and Wildlife Service Administration Safety Regulations or Orders: See Land Management Bureau Revisions to Schedules of Civil Penalties for Violations, See National Park Service 57598–57656 NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 57546–57548 Alignment of Final Countervailing Duty Determinations with Final Antidumping Duty Determinations: Federal Reserve System Aluminum Extrusions from People’s Republic of China, NOTICES 57441 Formations of, Acquisitions by, and Mergers of Bank Countervailing Duty Orders: Holding Companies, 57468–57469 Certain Magnesia Carbon Bricks from People’s Republic Meetings; Sunshine Act, 57469 of China, 57442–57443

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Extension of Time Limit for Final Results of 2008–2009 National Highway Traffic Safety Administration Administrative Review of Antidumping Duty Orders: RULES Tapered Roller Bearings and Parts Thereof, Finished and List of Nonconforming Vehicles Decided to be Eligible for Unfinished, from People’s Republic of China, 57443– Importation, 57396–57407 57444 NOTICES Final Affirmative Countervailing Duty Determinations; Grant of Applications for Temporary Exemption from Critical Circumstances Determinations: Advanced Air Bag Requirements of FMVSS No. 208: Certain Seamless Carbon and Alloy Steel Standard, Line, Fisker Automotive, 57549–57553 and Pressure Pipe from People’s Republic of China, 57444–57449 National Institutes of Health Final Determinations of Sales at Less Than Fair Value and NOTICES Critical Circumstances, in Part: Agency Information Collection Activities; Proposals, Certain Seamless Carbon and Alloy Steel Standard, Line, Submissions, and Approvals: and Pressure Pipe from People’s Republic of China, Customer and Other Partners Satisfaction Surveys, 57449–57456 57470–57472 Final Results of 2008–2009 Antidumping Duty Meetings: Center for Scientific Review, 57473, 57475–57476 Administrative Review: National Cancer Institute, 57473–57474 Light-Walled Rectangular Pipe and Tube from People’s National Institute of Mental Health, 57476 Republic of China, 57456–57457 National Institute on Alcohol Abuse and Alcoholism, 57473 International Trade Commission National Institute on Deafness and Other Communication NOTICES Disorders, 57473, 57476–57477 Complaints: Solicitation of Comments Relating to Public Interest, National Oceanic and Atmospheric Administration 57500–57501 RULES Investigations: Atlantic Highly Migratory Species: Frozen Warmwater Shrimp From Brazil, China, India, North and South Atlantic Swordfish Quotas, 57407– Thailand, and Vietnam, 57501–57502 57409 PROPOSED RULES Justice Department Listing Endangered and Threatened Wildlife and Plants: See Antitrust Division 90-Day Finding on Petition to List Atlantic Bluefin Tuna as Threatened or Endangered under Endangered Labor Department Species Act, 57431–57436 See Employment and Training Administration NOTICES See Labor Statistics Bureau Availability of Seats and Requests for Applications: See Occupational Safety and Health Administration Fagatele Bay National Marine Sanctuary Advisory Council, 57442 Labor Statistics Bureau Hawaiian Islands Humpback Whale National Marine NOTICES Sanctuary Advisory Council, 57441–57442 Comments Received and Final Definition of Green Jobs, Extensions of Application Periods and Requests for 57506–57514 Applications: Seats for Stellwagen Bank National Marine Sanctuary Land Management Bureau Advisory Council, 57444 NOTICES National Park Service Alaska Native Claims Selection, 57493 NOTICES Meetings: Inventory Completions: Santa Rosa and San Jacinto Mountains National Department of Anthropology and Ethnic Studies, Monument Advisory Committee; California, 57496 University of Nevada Las Vegas, Las Vegas, NV, Proposed Reinstatement of Terminated Oil and Gas Leases: 57493–57496 Wyoming, 57496 Proposed Supplementary Rules: National Science Foundation Requirement to Use Certified Noxious-Weed-Free Forage NOTICES and Straw on Bureau of Land Management Lands in Draft 2010 Strategic Plans: State of Idaho, 57496–57499 Networking and Information Technology Research and Temporary Closure of Public Lands: Development (NITRD) Program; URL Correction, Fergus County, MT, 57499–57500 57521 National Aeronautics and Space Administration Nuclear Regulatory Commission NOTICES NOTICES Meetings: Applications and Amendments to Facility Operating NASA Advisory Council; Planetary Science Licenses Involving No Significant Hazards Subcommittee; Supporting Research and Technology Considerations, 57521–57532 Working Group, 57520 Confirmatory Orders: Stone and Webster Construction, Inc., 57532–57534 National Credit Union Administration Issuances of Amendments to Facility Operating Licenses NOTICES Involving No Significant Hazards Considerations: Meetings; Sunshine Act, 57520 Correction, 57535

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Issuances of Amendments to Operating Licenses: Meetings: Connecticut Yankee Atomic Power Co., Haddam Neck Defense Trade Advisory Group, 57544 Plant, 57535 Meetings: Advisory Committee on Reactor Safeguards (ACRS) Surface Transportation Board (Subcommittee on AP1000), 57537 NOTICES Advisory Committee on Reactor Safeguards (ACRS) Indexing the Annual Operating Revenues of Railroads, Subcommittee on ABWR, 57536 57553–57554 Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on Regulatory Policies and Practices, Transportation Department 57536–57537 See Federal Aviation Administration Advisory Committee on Reactor Safeguards (ACRS) See Federal Highway Administration Subcommittee on Thermal Hydraulic Phenomena, See Federal Motor Carrier Safety Administration 57536 See Federal Railroad Administration Meetings; Sunshine Act, 57537–57538 See National Highway Traffic Safety Administration See Surface Transportation Board Occupational Safety and Health Administration NOTICES NOTICES Applications for Certificates of Public Convenience and Agency Information Collection Activities; Proposals, Necessity and Foreign Air Carrier Permits, etc., 57544 Submissions, and Approvals: Aviation Proceedings, Agreements Filed: Application for Training Grant, 57503–57504 (Week Ending September 4, 2010), 57545 Meetings: Postal Service Future of Aviation Advisory Committee (FAAC) PROPOSED RULES Environment Subcommittee, 57546 Address Correction Notices for Letters and Flats Qualifying Future of Aviation Advisory Committee (FAAC) for Full-Service Intelligent Mail, etc., 57410–57412 Subcommittee on Labor and World Class Workforce, Presidential Documents 57545 PROCLAMATIONS Special Observances: U.S. Customs and Border Protection National Hispanic Heritage Month (Proc. 8561), 57369– NOTICES 57370 Accreditations and Approvals as a Commercial Gauger and Laboratory: Science and Technology Policy Office Camin Cargo Control, Inc., 57477–57479 NOTICES Chem Coast, Inc., 57478–57479 U.S. National Climate Assessment Objectives, Proposed Inspectorate America Corp., 57477, 57479 Topics, and Next Steps; Correction, 57539 Inspectorate America Corp., Mobile, AL, 57479–57480 King Laboratories, Inc., 57478 Securities and Exchange Commission NMC Global Corp., 57478 RULES Agency Information Collection Activities; Proposals, Internal Control over Financial Reporting in Exchange Act Submissions, and Approvals: Periodic Reports of Non-Accelerated Filers, 57385– Commercial Invoice, 57480 57388 Customs Declaration (Form 6059B), 57480–57481 Rescission of Rules Pertaining to Payment of Bounties for Information Leading to Recovery of Civil Penalties for Insider Trading, 57384–57385 NOTICES Separate Parts In This Issue Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 57539–57540 New York Stock Exchange LLC and NYSE Amex LLC, Part II 57541–57542 Energy Department, 57556–57595 Small Business Administration NOTICES Part III Disaster Declarations: Transportation Department, Federal Railroad Illinois, 57538 Administration, 57598–57656 Illinois (Amendment 1), 57539 New Mexico, 57538 Wisconsin, 57539 Reader Aids State Department Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Agency Information Collection Activities; Proposals, and notice of recently enacted public laws. Submissions, and Approvals: To subscribe to the Federal Register Table of Contents DS–1648, Application for A, G, or NATO Visa, 57543 LISTSERV electronic mailing list, go to http:// Form DS–156K, Nonimmigrant Fiance(e) Visa listserv.access.gpo.gov and select Online mailing list Application, 57543–57544 archives, FEDREGTOC-L, Join or leave the list (or change Refugee Biographic Data, 57542–57543 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: 8561...... 57369 10 CFR Proposed Rules: 429...... 57410 430 (2 documents) ...... 57410, 57556 431...... 57410 14 CFR 39...... 57371 71 (6 documents) ...... 57373, 57374, 57375, 57376, 57383 17 CFR 201...... 57384 210...... 57385 229...... 57385 249...... 57385 33 CFR 100...... 57388 39 CFR Proposed Rules: 111...... 57410 40 CFR 52...... 57390 Proposed Rules: 52...... 57412 49 CFR 393...... 57393 593...... 57396 Proposed Rules: 209...... 57598 213...... 57598 214...... 57598 215...... 57598 217...... 57598 218...... 57598 219...... 57598 220...... 57598 221...... 57598 222...... 57598 223...... 57598 224...... 57598 225...... 57598 227...... 57598 228...... 57598 229...... 57598 230...... 57598 231...... 57598 232...... 57598 233...... 57598 234...... 57598 235...... 57598 236...... 57598 238...... 57598 239...... 57598 240...... 57598 241...... 57598 50 CFR 635...... 57407 Proposed Rules: 10...... 57413 13...... 57413 17...... 57426 21...... 57413 22...... 57413 223...... 57431 224...... 57431

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Federal Register Presidential Documents Vol. 75, No. 182

Tuesday, September 21, 2010

Title 3— Proclamation 8561 of September 15, 2010

The President National Hispanic Heritage Month, 2010

By the President of the United States of America

A Proclamation From the early settlers of the New World to those reaching for the American dream today, Hispanics have shaped and strengthened our country. During National Hispanic Heritage Month, we pause to celebrate the immeasurable contributions these individuals have made to our Nation—from its inception to its latest chapters. Reflecting the remarkable diversity of the American people, Hispanics rep- resent a wide range of nationalities and backgrounds. Like so many Ameri- cans, Hispanics have overcome great obstacles to persevere and flourish in every sector of our society. With enduring values of faith and family, hard work and sacrifice, Hispanics have preserved the rich heritage of genera- tions past while contributing mightily to the promise of our Nation for their children and grandchildren. Hispanics are leaders in all aspects of our national life, from the Supreme Court and halls of Congress to boardrooms and Main Streets. Across America, Hispanics protect neighborhoods as police officers and first responders, guide young people as teachers and mentors, and boost economic growth as busi- ness owners and operators. As members of the Armed Forces, heroic Hispanic men and women have also fought and died to defend the liberties and security of the United States in every war since the American Revolution, many serving before becoming American citizens. This month, we honor Hispanics for enriching the fabric of America, even as we recognize and rededicate ourselves to addressing the challenges to equality and opportunity that many Hispanics still face. In reflecting on our Nation’s rich Hispanic heritage, let us take pride in our unique and vibrant history, and recommit to a shared future of freedom, prosperity, and opportunity for all. To mark the achievements of Hispanics in the United States, the Congress, by Public Law 100–402, as amended, has authorized and requested the President to issue annually a proclamation designating September 15 through October 15 as ‘‘National Hispanic Heritage Month.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 15 through October 15, 2010, as National Hispanic Heritage Month. I call upon public officials, educators, librarians, and all the people of the United States to observe this month with appropriate ceremonies, activities, and programs.

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

[FR Doc. 2010–23700 Filed 9–20–10; 8:45 am] Billing code 3195–W0–P

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Rules and Regulations Federal Register Vol. 75, No. 182

Tuesday, September 21, 2010

This section of the FEDERAL REGISTER • Mail: U.S. Department of ‘‘CFR’’, combined with a revised analysis, contains regulatory documents having general Transportation, 1200 New Jersey allows to increase the life limit of the post- applicability and legal effect, most of which Avenue, SE., West Building Ground TU347 GG second Stage Turbine Discs are keyed to and codified in the Code of Floor, Room W12–140, Washington, DC identified as ‘‘CFR’’ over the 2,500 GG life cycles of the ‘‘non-CFR’’ Discs. Federal Regulations, which is published under 20590–0001. 50 titles pursuant to 44 U.S.C. 1510. • Hand Delivery: Deliver to Mail You may obtain further information by The Code of Federal Regulations is sold by address above between 9 a.m. and examining the MCAI in the AD docket. the Superintendent of Documents. Prices of 5 p.m., Monday through Friday, except FAA’s Determination and Requirements new books are listed in the first FEDERAL Federal holidays. of This AD REGISTER issue of each week. • Fax: (202) 493–2251. This product has been approved by Examining the AD Docket the aviation authority of France, and is DEPARTMENT OF TRANSPORTATION You may examine the AD docket on approved for operation in the United the Internet at http:// States. Pursuant to our bilateral Federal Aviation Administration www.regulations.gov; or in person at the agreement with France, they have Docket Operations office between 9 a.m. notified us of the unsafe condition 14 CFR Part 39 and 5 p.m., Monday through Friday, described in the MCAI and service information referenced above. We are [Docket No. FAA–2010–0710; Directorate except Federal holidays. The AD docket Identifier 2010–NE–26–AD; Amendment 39– contains this AD, the regulatory issuing this AD because we evaluated 16434; AD 2010–19–06] evaluation, any comments received, and all information provided by EASA and other information. The street address for determined the unsafe condition exists RIN 2120–AA64 the Docket Operations office (telephone and is likely to exist or develop on other (800) 647–5527) is the same as the Mail products of the same type design. This Airworthiness Directives; Turbomeca address provided in the ADDRESSES AD requires: Arriel 1 Series Turboshaft Engines • section. Comments will be available in For gas generator second stage turbine discs, part number (P/N) 0 292 AGENCY: Federal Aviation the AD docket shortly after receipt. 25 040 0 that do not have the ‘‘CFR’’ Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: marking, removing them from service Richard Woldan, Aerospace Engineer, ACTION: Final rule; request for before exceeding 2,500 cycles-in-service Engine Certification Office, FAA, Engine comments. (CIS) since-new or within 20 CIS from & Propeller Directorate, 12 New England the effective date of the AD, whichever SUMMARY: We are adopting a new Executive Park, Burlington, MA 01803; occurs later; and airworthiness directive (AD) for the e-mail: [email protected]; • For gas generator second stage products listed above. This AD results telephone (781) 238–7136; fax (781) turbine discs, P/N 0 292 25 040 0 that from mandatory continuing 238–7199. have the ‘‘CFR’’ marking, removing them airworthiness information (MCAI) SUPPLEMENTARY INFORMATION: issued by an aviation authority of from service before exceeding 3,500 CIS another country to identify and correct Discussion since-new. an unsafe condition on an aviation The European Aviation Safety Agency Differences Between the AD and the product. The MCAI describes the unsafe (EASA), which is the Technical Agent MCAI or Service Information condition as: for the Member States of the European We have reviewed the MCAI and Metallurgical non-conformities have been Community, previously issued EASA related service information and, in found when performing quality inspections AD 2010–0101–E, dated June 4, 2010, general, agree with their substance. This during production of Arriel 1 gas generator and has now issued a revision to that AD differs from the MCAI and/or (GG) second stage turbine discs introduced AD, which is AD 2010–0101R1, dated service information as follows: by Turbomeca Modification TU347 (P/N 0 August 4, 2010 (referred to after this as • EASA AD 2010–0101R1, dated 292 25 040 0). Analysis has concluded that ‘‘the MCAI’’), to correct an unsafe the approved life limit of the post-TU347 GG August 4, 2010, requires second stage second stage turbine disc needs to be reduced condition for the specified products. turbine discs with fewer than 2,500 CIS to 2,500 GG cycles. The MCAI states: to be removed upon accumulating 2,500 CIS. We are issuing this AD to prevent Metallurgical non-conformities have been found when performing quality inspections • EASA AD 2010–0101R1, dated failure of the gas generator second stage during production of Arriel 1 gas generator August 4, 2010, requires revising the turbine disc which could result in the (GG) second stage turbine discs introduced approved aircraft maintenance program release of high energy debris and by Turbomeca Modification TU347 (P/N 0 to reflect the life limit of 2,500 CIS. damage to the helicopter. 292 25 040 0). Analysis has concluded that DATES: This AD becomes effective the approved life limit of the post-TU347 GG FAA’s Determination of the Effective October 6, 2010. second stage turbine disc needs to be reduced Date We must receive comments on this to 2,500 GG cycles. An unsafe condition exists that Since issuance of AD 2010–0101–E, AD by October 21, 2010. requires the immediate adoption of this • Turbomeca has introduced a reinforced Federal eRulemaking Portal: Go to Eddy-current inspection which provides a AD. The FAA has found that the risk to http://www.regulations.gov and follow lower (improved) detection threshold of the the flying public justifies waiving notice the instructions for sending your metallurgical non-conformities. This and comment prior to adoption of this comments electronically. reinforced Eddy-current inspection, named rule because of the short compliance

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time in removing affected gas generator products identified in this rulemaking Reason second stage discs that are near or over action. (d) Metallurgical non-conformities have the reduced life limit. Therefore, we been found when performing quality Regulatory Findings determined that notice and opportunity inspections during production of Arriel 1 gas for public comment before issuing this We determined that this AD will not generator (GG) second stage turbine discs AD are impracticable and that good have federalism implications under introduced by Turbomeca Modification cause exists for making this amendment TU347 (P/N 0 292 25 040 0). Analysis has Executive Order 13132. This AD will concluded that the approved life limit of the effective in fewer than 30 days. not have a substantial direct effect on post-TU347 GG second stage turbine disc the States, on the relationship between Comments Invited needs to be reduced to 2,500 GG cycles. the national government and the States, We are issuing this AD to prevent failure of This AD is a final rule that involves or on the distribution of power and the gas generator second stage turbine disc requirements affecting flight safety, and responsibilities among the various which could result in the release of high we did not precede it by notice and levels of government. energy debris and damage to the helicopter. opportunity for public comment. We For the reasons discussed above, I Actions and Compliance invite you to send any written relevant certify this AD: data, views, or arguments about this AD. (e) Unless already done, do the following: 1. Is not a ‘‘significant regulatory (1) For gas generator second stage turbine Send your comments to an address action’’ under Executive Order 12866; discs, part number (P/N) 0 292 25 040 0 that listed under the ADDRESSES section. 2. Is not a ‘‘significant rule’’ under the do not have the ‘‘CFR’’ marking, remove from ‘‘ Include Docket No. FAA–2010–0710; DOT Regulatory Policies and Procedures service before exceeding 2,500 cycles-in- ’’ Directorate Identifier 2010–NE–26–AD (44 FR 11034, February 26, 1979); and service (CIS) since-new or within 20 CIS from at the beginning of your comments. We the effective date of this AD, whichever 3. Will not have a significant specifically invite comments on the occurs later. economic impact, positive or negative, overall regulatory, economic, (2) For gas generator second stage turbine on a substantial number of small entities ‘‘ ’’ environmental, and energy aspects of discs, P/N 0 292 25 040 0 that have the CFR under the criteria of the Regulatory marking, remove from service before this AD. We will consider all comments Flexibility Act. exceeding 3,500 CIS since-new. received by the closing date and may amend this AD because of those We prepared a regulatory evaluation Gas Generator Second Stage Turbine comments. of the estimated costs to comply with Installation Prohibition We will post all comments we this AD and placed it in the AD docket. (3) After the effective date of this AD, for receive, without change, to http:// List of Subjects in 14 CFR Part 39 gas generator second stage turbine discs, P/ www.regulations.gov, including any N 0 292 25 040 0 that do not have the ‘‘CFR’’ marking, and have 2,500 or more CIS since- personal information you provide. We Air transportation, Aircraft, Aviation safety, Safety. new, do not install into any engine. will also post a report summarizing each (4) After the effective date of this AD, for substantive verbal contact with FAA Adoption of the Amendment gas generator second stage turbine discs, personnel concerning this AD. Using the P/N 0 292 25 040 0 that have the ‘‘CFR’’ search function of the Web site, anyone ■ Accordingly, under the authority marking, and have 3,500 or more CIS since- can find and read the comments in any delegated to me by the Administrator, new, do not install into any engine. the FAA amends 14 CFR part 39 as of our dockets, including, if provided, FAA AD Differences the name of the individual who sent the follows: (f) This AD differs from the Mandatory comment (or signed the comment on Continuing Airworthiness Information behalf of an association, business, labor PART 39—AIRWORTHINESS DIRECTIVES (MCAI) and/or service information as union, etc.). You may review the DOT’s follows: complete Privacy Act Statement in the ■ 1. The authority citation for part 39 (1) European Aviation Safety Agency Federal Register published on April 11, continues to read as follows: (EASA) AD 2010–0101R1, dated August 4, 2000 (65 FR 19477–78). 2010, requires second stage turbine discs Authority: 49 U.S.C. 106(g), 40113, 44701. with fewer than 2,500 CIS to be removed Authority for This Rulemaking upon accumulating 2,500 CIS. § 39.13 [Amended] Title 49 of the United States Code (2) EASA AD 2010–0101R1, dated August ■ 4, 2010, requires revising the approved specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding the following new AD: aircraft maintenance program to reflect the rules on aviation safety. Subtitle I, new reduced life limit of 2,500 CIS. section 106, describes the authority of 2010–19–06 Turbomeca: Amendment 39– the FAA Administrator. ‘‘Subtitle VII: 16434.; Docket No. FAA–2010–0710; Alternative Methods of Compliance Aviation Programs,’’ describes in more Directorate Identifier 2010–NE–26–AD. (AMOCs) detail the scope of the Agency’s (g) The Manager, Engine Certification Effective Date authority. Office, FAA, has the authority to approve AMOCs for this AD, if requested using the We are issuing this rulemaking under (a) This airworthiness directive (AD) becomes effective October 6, 2010. procedures found in 14 CFR 39.19. the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: Affected ADs Related Information General requirements.’’ Under that (b) None. (h) Refer to EASA AD 2010–0101R1, dated section, Congress charges the FAA with August 4, 2010, and Turbomeca Alert Applicability promoting safe flight of civil aircraft in Mandatory Service Bulletin No. A292 72 air commerce by prescribing regulations (c) This AD applies to Turbomeca Arriel 0831, Version B, dated July 7, 2010, for for practices, methods, and procedures 1A, 1A1, 1B, 1C, 1C1, 1C2, 1D, 1D1, and 1S1 related information. Contact Turbomeca, turboshaft engines that have incorporated 40220 Tarnos, France; telephone 33 05 59 74 the Administrator finds necessary for Modification TU347. These engines are 40 00, fax 33 05 59 74 45 15, for a copy of safety in air commerce. This regulation installed on, but not limited to, Eurocopter this service information. is within the scope of that authority AS350 series, AS365 and SA365 series, (i) Contact Richard Woldan, Aerospace because it addresses an unsafe condition Sikorsky S–76A series and S–76C series Engineer, Engine Certification Office, FAA, that is likely to exist or develop on helicopters. Engine & Propeller Directorate, 12 New

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England Executive Park, Burlington, MA operating requirements of that airspace, PART 71—DESIGNATION OF CLASS A, 01803; e-mail: [email protected]; notice and public procedures under 5 B, C, D, AND E AIRSPACE AREAS; AIR telephone (781) 238–7136; fax (781) 238– U.S.C. 553(b) are unnecessary. TRAFFIC SERVICE ROUTES; AND 7199, for more information about this AD. The Class D airspace designations are REPORTING POINTS Material Incorporated by Reference published in Paragraph 5000 of FAA ■ 1. The authority citation for part 71 (j) None. order 7400.9U, signed August 18, 2010, continues to read as follows: Issued in Burlington, Massachusetts, on and effective September 15, 2010, which September 10, 2010. is incorporated by reference in 14 CFR Authority: 49 U.S.C. 106(g); 40103, 40113, Francis A. Favara, 71.1. The Class D airspace designations 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Manager, Engine and Propeller Directorate, listed in this document will be Aircraft Certification Service. published subsequently in the Order. § 71.1 [Amended] [FR Doc. 2010–23100 Filed 9–20–10; 8:45 am] The FAA has determined that his ■ BILLING CODE 4910–13–P 2. The incorporation by reference in regulation only involves an established 14 CFR 71.1 of Federal Aviation body of technical regulations for which Administration Order 7400.9U, DEPARTMENT OF TRANSPORTATION frequent and routine amendments are Airspace Designations and Reporting necessary to keep them, operationally Points, signed August 18, 2010, and Federal Aviation Administration current, is non-controversial and effective September 15, 2010, is unlikely to result in adverse or negative amended as follows: 14 CFR Part 71 comments. It, therefore, (1) Is not a ‘‘significant regulatory action’’ under Paragraph 5000 Class D Airspace. [Docket No. FAA–2010–0816; Airspace * * * * * Docket No. 10–ASO–30] Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory ASO FL D Miami, Opa Locka Airport, FL Amendment to Class D Airspace; Policies and Procedures (44 FR 11034; [Amended] Miami Opa Locka Airport, FL, and February 26, 1979); and (3) does not Miami, Opa Locka Airport, FL Hollywood, FL warrant preparation of a Regulatory (Lat. 25°54′25″ N., long 80°16′42″ W.) Evaluation as the anticipated impact is North Perry Airport AGENCY: Federal Aviation (Lat. 26°00′05″ N., long 80°14′26″ W.) Administration (FAA), DOT. so minimal. Since this is a routine matter that will only affect air traffic That airspace extending upward from the ACTION: Final rule, technical procedures and air navigation, it is surface to and including 2,500 feet MSL amendment. certified that this rule, when within a 4.3-mile radius of Opa Locka Airport excluding that airspace south of SUMMARY: This action amends Class D promulgated, will not have a significant 25°52′03″ N., and that portion north of a line airspace at Opa Locka Airport, Miami, economic impact on a substantial connecting the 2 points of intersection with FL; and Hollywood, FL, by correcting number of small entities under the a 4-mile radius centered on the North Perry the geographic coordinates of the airport criteria of the Regulatory Flexibility Act. Airport. This Class D airspace area is effective during specific dates and times to aid in the navigation of our National The FAA’s authority to issue rules Airspace System. established in advance by a Notice to regarding aviation safety is found in Airmen. The effective date and time will DATES : Effective date: 0901 UTC. Title 49 of the United States Code. thereafter be continuously published in the October 21, 2010. Subtitle I, section 106 describes the Airport/Facility Directory. FOR FURTHER INFORMATION CONTACT: authority of the FAA Administrator. * * * * * Melinda Giddens, Operations Support Subtitle VII, Aviation Programs, Group, Eastern Service Center, Federal describes in more detail the scope of the ASO FL D Hollywood, FL [Amended] Aviation Administration, P.O. Box agency’s authority. Hollywood, North Perry Airport, FL 20636, Atlanta, Georgia 30320; (Lat. 26°00′05″ N., long 80°14′26″ W.) telephone (404) 305–5610. This rulemaking is promulgated Opa Locka Airport under the authority described in subtitle (lat. 25°54′25″ N., long 80°16′42″ W.) SUPPLEMENTARY INFORMATION: VII, part A, subpart I, section 40103. That airspace extending upward from the History Under that section, the FAA is charged surface to and including 2,500 feet MSL The FAA received a request from the with prescribing regulations to assign within a 4-mile radius of the North Perry Airport; excluding the portion north of the National Aeronautical Navigation the use of airspace necessary to ensure the safety of aircraft and the efficient north boundary of the Miami, FL, Class B Services to correct the geographic airspace area and that portion south of a line coordinates for Opa Locka Airport in the use of airspace. This regulation is connecting the 2 points of intersection with Class D airspace for Miami and within the scope of that authority as it a 4.3-mile radius centered on the Opa Locka Hollywood, FL. This action makes the amends controlled airspace at Miami Airport. This Class D airspace area is adjustment. and Hollywood, FL. effective during specific dates and times established in advance by a Notice to The Rule Lists of Subjects in 14 CFR Part 71 Airmen. The effective date and time will This amendment to Title 14, Code of thereafter be continuously published in the Airspace, Incorporation by reference, Airport/Facility Directory. Federal Regulations (14 CFR) part 71 Navigation (Air). amends Class D airspace at Miami, and Issued in College Park, Georgia, on Hollywood, FL. The geographic Adoption of the Amendment September 7, 2010. coordinates of the Opa Locka Airport Myron A. Jenkins, will be corrected to coincide with the ■ In consideration of the foregoing, the Acting Manager, Operations Support Group, FAAs National Aeronautical Navigation Federal Aviation Administration Eastern Service Center, Air Traffic Services. Accordingly, since this is an amends 14 CFR part 71 as follows: Organization. administrative change, and does not [FR Doc. 2010–23399 Filed 9–20–10; 8:45 am] involve a change in the dimensions or BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Portland-Troutdale Airport, to § 71.1 [Amended] accommodate IFR aircraft executing ■ 2. The incorporation by reference in Federal Aviation Administration NDB (GPS) SIAPs at the airport. This 14 CFR 71.1 of the Federal Aviation action is necessary for the safety and Administration Order 7400.9U, 14 CFR Part 71 management of IFR operations. The Airspace Designations and Reporting [Docket No. FAA–2010–0393; Airspace geographic coordinates of the existing Points, dated August 18, 2010, and Docket No. 10–ANM–2] Class D airspace will be updated to effective September 15, 2010 is coincide with the FAA’s National amended as follows: Establishment of Class E Airspace and Aeronautical Navigation Services. Paragraph 5000 Class D Airspace. Amendment to Class D Airspace; The FAA has determined this Troutdale, OR regulation only involves an established * * * * * body of technical regulations for which ANM OR D Portland-Troutdale, OR AGENCY: Federal Aviation frequent and routine amendments are [Amended] Administration (FAA), DOT. necessary to keep them operationally Portland-Troutdale Airport, Troutdale, OR ACTION: Final rule. current. Therefore, this regulation: (1) Is (Lat. 45°32′58″ N., long. 122°24′05″ W.) SUMMARY: This action will establish not a ‘‘significant regulatory action’’ That airspace extending upward from the Class E airspace and amend existing under Executive Order 12866; (2) is not surface to and including 2,500 feet MSL Class D airspace at Troutdale, OR, to a ‘‘significant rule’’ under DOT within a 4-mile radius of the Portland- Regulatory Policies and Procedures (44 Troutdale Airport, excluding the portion accommodate aircraft using Non- within the Portland International Airport, directional Radio Beacon (NDB) Global FR 11034; February 26, 1979); and (3) does not warrant preparation of a OR, Class C airspace area. This Class D Positioning System (GPS) Standard airspace area is effective during the specific Instrument Approach Procedures regulatory evaluation as the anticipated dates and times established in advance by a (SIAPs) at Portland-Troutdale Airport. impact is so minimal. Since this is a Notice to Airmen. The effective date and time This will improve the safety and routine matter that will only affect air will thereafter be continuously published in management of Instrument Flight Rules traffic procedures and air navigation, it the Airport/Facility Directory. is certified this rule, when promulgated, (IFR) operations at the airport. This Paragraph 6002 Class E Airspace action also amends the geographic will not have a significant economic Designated as Surface Areas. impact on a substantial number of small coordinates of the Class D airspace area * * * * * at the airport. entities under the criteria of the Regulatory Flexibility Act. The FAA’s ANM OR E2 Portland-Troutdale, OR [New] DATES: Effective date, 0901 UTC, authority to issue rules regarding November 18, 2010. The Director of the Portland-Troutdale Airport, Troutdale, OR aviation safety is found in Title 49 of the ° ′ ″ ° ′ ″ Federal Register approves this (Lat. 45 32 58 N., long. 122 24 05 W.) U.S. Code. Subtitle 1, section 106 incorporation by reference action under That airspace extending upward from the discusses the authority of the FAA 1 CFR part 51, subject to the annual surface to and including 2,500 feet MSL Administrator. Subtitle VII, Aviation within a 4-mile radius of the Portland- revision of FAA Order 7400.9 and Programs, describes in more detail the Troutdale Airport, excluding the portion publication of conforming amendments. scope of the agency’s authority. This within the Portland International Airport, FOR FURTHER INFORMATION CONTACT: rulemaking is promulgated under the OR, Class C airspace area. Eldon Taylor, Federal Aviation authority described in subtitle VII, part Issued in Seattle, Washington, on August Administration, Operations Support A, subpart I, section 40103. Under that 30, 2010. Group, Western Service Center, 1601 section, the FAA is charged with John Warner, Lind Avenue, SW., Renton, WA 98057; prescribing regulations to assign the use Manager, Operations Support Group, Western telephone (425) 203–4537. of airspace necessary to ensure the Service Center. SUPPLEMENTARY INFORMATION: safety of aircraft and the efficient use of [FR Doc. 2010–23397 Filed 9–20–10; 8:45 am] History airspace. This regulation is within the BILLING CODE 4910–13–P scope of that authority as it establishes On June 14, 2010, the FAA published additional controlled airspace at in the Federal Register a notice of Portland-Troutdale Airport, Troutdale, DEPARTMENT OF TRANSPORTATION proposed rulemaking to amend OR. controlled airspace at Troutdale, OR (75 Federal Aviation Administration FR 33557). Interested parties were List of Subjects in 14 CFR Part 71 invited to participate in this rulemaking Airspace, Incorporation by reference, 14 CFR Part 71 effort by submitting written comments Navigation (air). on the proposal to the FAA. No [Docket No. FAA–2009–1248; Airspace comments were received. Adoption of the Amendment Docket No. 09–ANM–31] Class D and Class E airspace ■ In consideration of the foregoing, the Establishment of Class E Airspace; designations are published in paragraph Federal Aviation Administration Fillmore, UT 5000 and 6002, respectively, of FAA amends 14 CFR part 71 as follows: Order 7400.9U dated August 18, 2010, AGENCY: Federal Aviation and effective September 15, 2010, which PART 71—DESIGNATION OF CLASS A, Administration (FAA), DOT. is incorporated by reference in 14 CFR B, C, D AND E AIRSPACE AREAS; AIR ACTION: Final rule. 71.1. The Class E airspace designations TRAFFIC SERVICE ROUTES; AND listed in this document will be REPORTING POINTS SUMMARY: This action will establish published subsequently in that Order. Class E airspace at Fillmore, UT, to ■ 1. The authority citation for 14 CFR accommodate aircraft using a new Area The Rule part 71 continues to read as follows: Navigation (RNAV) Global Positioning This action amends Title 14 Code of Authority: 49 U.S.C. 106(g), 40103, 40113, System (GPS) Standard Instrument Federal Regulations (14 CFR) part 71 by 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Approach Procedure (SIAP) at Fillmore establishing Class E surface airspace at 1963 Comp., p. 389. Municipal Airport. This will improve

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the safety and management of authority to issue rules regarding DEPARTMENT OF TRANSPORTATION Instrument Flight Rules (IFR) operations aviation safety is found in Title 49 of the at the airport. U.S. Code. Subtitle 1, section 106 Federal Aviation Administration DATES: Effective date, 0901 UTC, discusses the authority of the FAA November 18, 2010. The Director of the Administrator. Subtitle VII, Aviation 14 CFR Part 71 Federal Register approves this Programs, describes in more detail the [Docket No. FAA–2009–1189; Airspace incorporation by reference action under scope of the agency’s authority. This Docket No. 09–ANM–28] 1 CFR part 51, subject to the annual rulemaking is promulgated under the revision of FAA Order 7400.9 and authority described in subtitle VII, part Establishment of Class E Airspace; publication of conforming amendments. A, subpart I, section 40103. Under that Toledo, WA FOR FURTHER INFORMATION CONTACT: section, the FAA is charged with prescribing regulations to assign the use AGENCY: Federal Aviation Eldon Taylor, Federal Aviation Administration (FAA), DOT. Administration, Operations Support of airspace necessary to ensure the ACTION: Final rule. Group, Western Service Center, 1601 safety of aircraft and the efficient use of airspace. This regulation is within the Lind Avenue, SW., Renton, WA 98057; SUMMARY: This action will establish telephone (425) 203–4537. scope of that authority as it establishes controlled airspace at Fillmore Class E airspace at Toledo, WA, to SUPPLEMENTARY INFORMATION: Municipal Airport, Fillmore, UT. accommodate aircraft using a new Area History Navigation (RNAV) Global Positioning List of Subjects in 14 CFR Part 71 System (GPS) Standard Instrument On June 14, 2010, the FAA published Approach Procedure (SIAP) at Ed Airspace, Incorporation by reference, in the Federal Register a notice of Carlson Memorial Field-South Lewis Navigation (air). proposed rulemaking to establish County Airport. This will improve the controlled airspace at Fillmore, UT (75 Adoption of the Amendment safety and management of Instrument FR 33560). Interested parties were Flight Rules (IFR) operations at the invited to participate in this rulemaking ■ In consideration of the foregoing, the airport. effort by submitting written comments Federal Aviation Administration on the proposal to the FAA. No amends 14 CFR part 71 as follows: DATES: Effective date, 0901 UTC, comments were received. November 18, 2010. The Director of the Class E airspace designations are PART 71—DESIGNATION OF CLASS A, Federal Register approves this published in paragraph 6005 of FAA B, C, D AND E AIRSPACE AREAS; AIR incorporation by reference action under Order 7400.9U dated August 18, 2010, TRAFFIC SERVICE ROUTES; AND 1 CFR part 51, subject to the annual and effective September 15, 2010, which REPORTING POINTS revision of FAA Order 7400.9 and is incorporated by reference in 14 CFR publication of conforming amendments. ■ 71.1. The Class E airspace designations 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: listed in this document will be part 71 continues to read as follows: Eldon Taylor, Federal Aviation published subsequently in that Order. Authority: 49 U.S.C. 106(g), 40103, 40113, Administration, Operations Support 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Group, Western Service Center, 1601 The Rule 1963 Comp., p. 389. Lind Avenue, SW., Renton, WA, 98057; This action amends Title 14 Code of § 71.1 [Amended] telephone (425) 203–4537. Federal Regulations (14 CFR) Part 71 by SUPPLEMENTARY INFORMATION: establishing Class E airspace extending ■ 2. The incorporation by reference in upward from 700 feet above the surface, 14 CFR 71.1 of the Federal Aviation History at Fillmore Municipal Airport, to Administration Order 7400.9U, On June 14, 2010, the FAA published accommodate IFR aircraft executing Airspace Designations and Reporting in the Federal Register a notice of new RNAV GPS SIAP at the airport. Points, dated August 18, 2010, and proposed rulemaking to amend This action is necessary for the safety effective September 15, 2010 is controlled airspace at Toledo, WA and management of IFR operations. amended as follows: (75 FR 33559). Interested parties were The FAA has determined this Paragraph 6005 Class E airspace areas invited to participate in this rulemaking regulation only involves an established extending upward from 700 feet or more effort by submitting written comments body of technical regulations for which above the surface of the earth. on the proposal to the FAA. No frequent and routine amendments are * * * * * comments were received. necessary to keep them operationally Class E airspace designations are current. Therefore, this regulation: (1) Is ANM UT E5 Fillmore, UT [New] published in paragraph 6005 of FAA not a ‘‘significant regulatory action’’ Fillmore Municipal Airport, UT Order 7400.9U dated August 18, 2010, under Executive Order 12866; (2) is not (Lat. 38°57′29″ N., long. 112°21′47″ W.) and effective September 15, 2010, which a ‘‘significant rule’’ under DOT That airspace extending upward from 700 is incorporated by reference in 14 CFR Regulatory Policies and Procedures (44 feet above the surface within a 6.5-mile 71.1. The Class E airspace designations FR 11034; February 26, 1979); and (3) radius of Fillmore Municipal Airport, and ° listed in this document will be does not warrant preparation of a within 2 miles each side of the 039 bearing published subsequently in that Order. regulatory evaluation as the anticipated extending from the 6.5-mile radius to 11.2 miles northeast of the Airport. impact is so minimal. Since this is a The Rule routine matter that will only affect air Issued in Seattle, Washington, on August This action amends Title 14 Code of traffic procedures and air navigation, it 30, 2010. Federal Regulations (14 CFR) part 71 by is certified this rule, when promulgated, John Warner, establishing Class E airspace extending will not have a significant economic Manager, Operations Support Group, Western upward from 700 feet above the surface, impact on a substantial number of small Service Center. at Ed Carlson Memorial Field-South entities under the criteria of the [FR Doc. 2010–23387 Filed 9–20–10; 8:45 am] Lewis County Airport, to accommodate Regulatory Flexibility Act. The FAA’s BILLING CODE 4910–13–P IFR aircraft executing new RNAV (GPS)

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SIAP at the airport. This action is Points, dated August 18, 2010, and delays and improve safety and necessary for the safety and effective September 15, 2010 is efficiency of the National Airspace management of IFR operations. amended as follows: System (NAS). The FAA has determined this Paragraph 6005 Class E airspace areas DATES: Effective Date: 0901 UTC, regulation only involves an established extending upward from 700 feet or more October 21, 2010. The Director of the body of technical regulations for which above the surface of the earth. Federal Register approves this frequent and routine amendments are * * * * * incorporation by reference action under necessary to keep them operationally 1 CFR part 51, subject to the annual ANM WA, E5 Toledo, WA [New] current. Therefore, this regulation: (1) Is revision of FAA Order 7400.9 and not a ‘‘significant regulatory action’’ Ed Carlson Memorial Field-South Lewis publication of conforming amendments. under Executive Order 12866; (2) is not County Airport, WA a ‘‘significant rule’’ under DOT (Lat. 46°28′38″ N., long. 122°48′23″ W.) FOR FURTHER INFORMATION CONTACT: Regulatory Policies and Procedures (44 That airspace extending upward from 700 Colby Abbott, Airspace and Rules FR 11034; February 26, 1979); and (3) feet above the surface within a 6.9-mile Group, Office of System Operations does not warrant preparation of a radius of the Ed Carlson Memorial Field- Airspace and AIM, Federal Aviation regulatory evaluation as the anticipated South Lewis County Airport, and within 1 Administration, 800 Independence mile each side of the 074° bearing from the impact is so minimal. Since this is a Avenue, SW., Washington, DC 20591; Airport, extending from the 6.9-mile radius telephone: (202) 267–8783. routine matter that will only affect air to 7.9 miles northeast of the airport. traffic procedures and air navigation, it SUPPLEMENTARY INFORMATION: is certified this rule, when promulgated, Issued in Seattle, Washington, on August 30, 2010. Background will not have a significant economic impact on a substantial number of small John Warner, On May 14, 2010, the FAA published entities under the criteria of the Manager, Operations Support Group, Western in the Federal Register a notice of Regulatory Flexibility Act. The FAA’s Service Center. proposed rulemaking (NPRM) to modify authority to issue rules regarding [FR Doc. 2010–23392 Filed 9–20–10; 8:45 am] the Chicago, IL, Class B airspace area aviation safety is found in Title 49 of the BILLING CODE 4910–13–P (75 FR 27229). The FAA proposed this U.S. Code. Subtitle 1, section 106 action to ensure containment of turbo- discusses the authority of the FAA jet IFR aircraft conducting instrument Administrator. Subtitle VII, Aviation DEPARTMENT OF TRANSPORTATION approaches to ORD within the confines Programs, describes in more detail the Federal Aviation Administration of Class B airspace and better segregate scope of the agency’s authority. This IFR aircraft arriving/departing ORD and rulemaking is promulgated under the 14 CFR Part 71 non-participating VFR aircraft operating authority described in subtitle VII, part in the vicinity of the Chicago Class B A, subpart I, section 40103. Under that [Docket No. FAA–2010–0347; Airspace airspace area. section, the FAA is charged with Docket No. 07–AWA–2] Interested parties were invited to prescribing regulations to assign the use RIN 2120–AA66 participate in this rulemaking effort by of airspace necessary to ensure the submitting written comments on the safety of aircraft and the efficient use of Modification of Class B Airspace; proposal. In response to the NPRM, the airspace. This regulation is within the Chicago, IL FAA received 82 written comment scope of that authority as it establishes submissions; of which, 7 were duplicate AGENCY: Federal Aviation additional controlled airspace at Ed Administration (FAA), DOT. documents submitted by 4 commenters. Carlson Memorial Field-South Lewis Many of the commenters identified ACTION: County Airport, Toledo, WA. Final rule. themselves as pilots who operate List of Subjects in 14 CFR Part 71 SUMMARY: This action modifies the within, or through, the local area. All Chicago, IL, Class B airspace area by comments received were considered Airspace, Incorporation by reference, expanding the existing airspace area to before making a determination on the Navigation (air). ensure containment of Instrument Flight final rule. An analysis of the comments Adoption of the Amendment Rules (IFR) aircraft conducting received and the FAA’s responses are instrument approach procedures within contained in the ‘‘Discussion of ■ In consideration of the foregoing, the Class B airspace, and segregating IFR Comments’’ section below. Federal Aviation Administration aircraft arriving/departing Chicago Subsequent to the NPRM publication, amends 14 CFR part 71 as follows: O’Hare International Airport (ORD) and the geographic coordinates in the aeronautical database for the ORD PART 71—DESIGNATION OF CLASS A, Visual Flight Rules (VFR) aircraft airport reference point (ARP), the B, C, D AND E AIRSPACE AREAS; AIR operating in the vicinity of the Chicago Chicago Midway International Airport TRAFFIC SERVICE ROUTES; AND Class B airspace area. The additional ARP, and the intersection of U.S. REPORTING POINTS Class B airspace will support simultaneous instrument approach Highway 294 and the railroad tracks ■ 1. The authority citation for 14 CFR procedure operations to ORD’s triple identified in Area B changed. The Part 71 continues to read as follows: parallel runways today, as well as the correct coordinates for the above have Authority: 49 U.S.C. 106(g), 40103, 40113, three additional parallel runways (six been incorporated into the Chicago 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– total) planned for the near future. This Class B airspace area legal description 1963 Comp., p. 389. action enhances safety, improves the contained in this final rule. flow of air traffic, and reduces the Class B airspace designations are § 71.1 [Amended] potential for midair collision in the published in paragraph 3000 of FAA ■ 2. The incorporation by reference in Chicago terminal area, further Order 7400.9U, dated August 18, 2010, 14 CFR 71.1 of the Federal Aviation supporting the FAA’s national airspace and effective September 15, 2010, which Administration Order 7400.9U, redesign goal of optimizing terminal and is incorporated by reference in 14 CFR Airspace Designations and Reporting en route airspace areas to reduce aircraft 71.1. The Class B airspace designations

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listed in this document will be and in the vicinity of ORD for all users length of finals will extend to 25–30 NM subsequently published in the Order. of the airspace. routinely, as is the case today during Sixty-six commenters, including the west flow operations. Discussion of Comments Aircraft Owners and Pilot Association The described scenario addresses Six commenters expressed general and multiple Soaring Clubs in the area, triple simultaneous Instrument Landing opposition to the proposal stating they requested that the floor of Area F be System approaches. When runway 10R thought it was unnecessary. raised to 5,000 feet mean sea level opens and becomes operational, the The FAA does not agree. As stated in (MSL). situation will become compounded as the NPRM, the current Chicago Class B The FAA has determined it is not the Chicago TRACON begins conducting airspace area was established in 1993. possible to raise the floor of Area F from ‘‘quad’’ operations. The procedures for Since then, ORD has experienced a 4,000 feet MSL to 5,000 feet MSL. controlling quad approaches are in the significant increase in the number of Aircraft conducting triple simultaneous early planning stages. aircraft operations and a substantial approaches at ORD cannot be assigned Sixty commenters stated that a floor change in the fleet mix, with no change the same altitude during turn-on to the of 4,000 feet MSL for Area F would to the airspace configuration. The City final approach course; they must be adversely affect safety. The safety of Chicago has completed airport assigned an altitude that differs by at factors cited included ill effects due to infrastructure projects in recent years least 1,000 feet from the altitude of the compression, decreased possibility of that enable simultaneous instrument other two aircraft conducting safe landing during in-flight approaches to three parallel runways simultaneous approaches. emergencies, inability to avoid the Class that run west to east. Ongoing planned Specifically, when conducting triple B airspace, and inability for gliders to runway construction projects for the simultaneous instrument approaches maintain sufficient altitude during near future include building three during an east flow, aircraft will be departure and arrival. additional parallel runways running turned onto and established on final The FAA acknowledges that some west to east; transforming the approach courses at 4,000 feet MSL for compression will occur. Non- operational flow of ORD to a West/East runway 9L (the northern most runway), participating VFR general aviation and flow with six parallel runways when 7,000 feet MSL or above for runway 9R glider aircraft will have their choice of completed. (the center runway), and 5,000 feet MSL flying either above or below the Class B FAA guidance requires air traffic and 6,000 feet MSL for runway 10 (the airspace, or circumnavigating it five to controllers to vector IFR arrival aircraft southernmost runway currently). When ten NM further west to remain clear to remain within Class B airspace once runway 10C becomes operational, it will should they decide not to contact they’ve entered it. Today, turbo-jet be used as the southernmost arrival Chicago TRACON (C90) to receive Class aircraft flying simultaneous triple runway and mark the time when ORD B services. However, this is necessary to instrument approach procedures to ORD will transition to become primarily a contain arriving IFR turbo-jet aircraft exceed the Class B airspace area west flow or east flow operation. flying instrument approaches to ORD boundaries; routinely entering, exiting, Traffic must be established on the within Class B airspace once they’ve and re-entering the Class B airspace respective localizers in a manner which entered it, and will enhance flight safety during their arrival. The procedural allows for standard IFR (1,000 feet to all by segregating the large turbo-jet requirements associated with vertical) separation to be maintained aircraft and the non-participating VFR establishing arrival aircraft on until the aircraft is switched to the aircraft operating in the vicinity of the simultaneous instrument approaches to parallel monitor frequency. In reality, Chicago Class B airspace area. three parallel runways result in aircraft this means that the minimum point that The FAA notes that the proposal will exceeding the Class B airspace lateral the 4,000 feet MSL traffic (north affect glider operations. While the Area boundaries by up to ten nautical miles runway) needs to be established is 3 NM F Class B airspace extension proposed (NM) during moderate traffic levels. As from the point that the adjoining final’s to the west of ORD brings Class B the additional runways planned for aircraft descend below 5,000 feet MSL. airspace closer to the airfields where construction at ORD become operational The traffic that turns on at 5,000 feet gliders operate, the original airspace and expected airport capacity increases, MSL or 6,000 feet MSL (south runway) extension to the west was reduced in the number of aircraft exiting the Class needs to be established 3 NM from the size as much as possible in response to B airspace during arrivals is also point that the adjoining final’s aircraft concerns expressed by the glider expected to increase; resulting in IFR descend below 7,000 feet MSL. These community during the ad hoc turbo-jet air carrier arrivals flying in the minimum ‘‘turn on points’’ are located committee meetings and included in very airspace that non-participating VFR about 20 NM west of ORD for east flow their final report. Subsequently, Area F general aviation and glider aircraft are operations. The base legs for aircraft was designed to ensure it does not also operating. flying to the north and south runways encompass or overlay the airfields Due to the existing and forecasted will need to be an additional few miles where the Sky Soaring Glider Club traffic volume, fleet mix, and west of those points to meet their ‘‘turn (Hampshire, IL) and the Windy City operational complexity for controlling on’’ requirements. Additionally, for both Soaring Association (Hinkley, IL) arrivals and departures at ORD and the north and south runways, air traffic operations are located; as well as the immediate vicinity, the FAA has controllers will be sequencing aircraft Chicago Glider Club (Minooka, IL) determined changing air traffic from two or more arrival streams, which lies well south of any proposed procedures alone will not retain IFR necessitating the use of multiple Chicago Class B airspace area turbo-jet arrivals to ORD within the altitudes in the arrival descent areas, modifications. existing outdated Chicago Class B until lateral separation is established. Based on the dimensions of Area F airspace configuration. The proposed Under some projected traffic scenarios, having been reduced at the airspace modification is the minimum multiple altitude downwind patterns recommendation and request of the needed to reasonably accommodate will be utilized, with traffic ‘‘layered’’ by glider community, the FAA feels the current and future aircraft operations at altitude and worked by separate success for a safe landing would be no ORD and necessary to ensure flight controllers. During periods of heavy different than it would be in other areas safety and efficiency of operations at arrival demand, it is expected that the of the present day Class B airspace

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where the floor is 4,000 feet MSL or determined that the proposed Area F daily, on average, and force departures less. airspace extension to the west of ORD to be restricted below the corridor The FAA does not agree that non- is necessary. The extension will contain altitude until clear of the corridor. participating pilots will have difficulty IFR arrival aircraft flying triple Additionally, IFR aircraft arriving and avoiding the Area F Class B airspace simultaneous instrument approaches to departing ORD, as well as departing extension. The legal description of the ORD within Class B airspace throughout Chicago Midway, Aurora, DuPage, and airspace area includes a mixture of their approach, segregate IFR aircraft Milwaukee Mitchell airports, commonly prominent visual landmark references, arriving to and departing from ORD and occupy this airspace area. geographic coordinates, and arcs non-participating VFR aircraft in the The FAA also does not agree that the defined off distance measuring vicinity of ORD from one another, and VFR flyway along the Fox River would equipment (DME) navigation aids. The ensure a safer flying environment for all be affected by the proposed FAA believes this mix of descriptors airspace users in the busy terminal modification. VFR flyways are not should be sufficient and effective in airspace around ORD. addressed in regulatory airspace assisting pilots to identify the lateral The Area F Class B airspace extension proposals or determinations, but in limits of Area F. was limited to include only the volume accordance with FAA Order 7210.3, Lastly, the FAA acknowledges the of airspace necessary to support triple Facility Administration and Procedures, concerns of the glider community simultaneous instrument approaches. processing requirements. However, the during departure and arrival phases of Although Area F brings Class B airspace FAA notes that the floor of the existing flight should they continue to fly in the closer to the airfields where gliders Class B airspace area over the Fox River Class E airspace under the Area F Class operate, the original airspace extension is 4,000 feet MSL and remains the same B airspace extension and resist seeking to the west was reduced in size as much in the proposed modification. The alternative airspace that may allow them as possible in response to concerns existing suggested altitude for the VFR to climb to higher altitudes on departure expressed by the glider community flyway along the Fox River is charted at and during sustained flights. Great effort during the ad hoc committee meeting or below 3,500 feet MSL. The VFR was taken to ensure the Class B airspace process. Additionally, as noted above, flyway along the Fox River is unaffected extension was minimized to the Area F was designed to ensure it does by existing Class B airspace and will absolute essential dimensions and to not encompass or overlay the airfields remain unaffected by the Chicago Class ensure it does not encompass or overlay where the Sky Soaring Glider Club and B airspace area modification. airfields that gliders routinely operate the Windy City Soaring Association Currently, there are three VFR from to minimize impacts to their flight operations are located; the Chicago flyways, that run north and south, west operations. Glider Club lies well south of any of ORD and one flyway that runs north The four factors cited above, however, proposed Class B airspace and south, east of ORD. The flyways to do not negate the need for the project. modifications. the west utilize a river, roads, and At the present time, large turbo-jet air The FAA maintains it is necessary to railroad tracks, whereas the flyway to carriers, general aviation, and glider separate the large turbo-jet aircraft the east utilizes the Lake Michigan aircraft are flying simultaneously in the arriving and departing ORD and the shoreline. The FAA believes the existing airspace proposed to become Area F due non-participating VFR aircraft to ensure three VFR flyways are sufficient to to the outdated design of the Chicago flight safety for all flying within, support non-participating aircraft flying Class B airspace area. Moving forward through, or near the Chicago Class B in the vicinity of ORD. with the Class B airspace modification airspace area. Two commenters requested that the will enhance flight safety for all One commenter suggested VFR floor of the Class B airspace over Lake operators flying within, through, or near corridors be established northwest/ Michigan be raised from 3,000 feet MSL the Chicago Class B airspace area. southeast and northeast/southwest (Area C) and 3,600 feet MSL (Area D) to Twenty-two commenters stated that directly over ORD at 1,500 feet MSL to 4,000 feet MSL or 4,500 feet MSL, citing proposed Area F with a floor of 4,000 2,000 feet MSL. Another commenter safety as the reason. One of the feet MSL would have negative effects to offered that the proposal would commenters stated that raising the floor general aviation aircraft such as delays, adversely affect the VFR flyway along would increase options for pilots. or would have negative effects overall the Fox River and a third commenter The FAA has determined it is not on glider operations. The negative stated additional VFR flyways should be possible to raise the floor altitude for effects included difficulty of training established to the east, the west, and Areas C and D, as requested. No new glider pilots and diminished directly over the airspace, and that they modifications were proposed for these livelihood for instructors and tow pilots. should be northbound or southbound areas as the existing airspace structure The FAA notes that similar concerns only. was deemed sufficient to continue of adverse impact were raised by The FAA does not agree. Establishing supporting and protecting IFR aircraft commenters responding to the informal VFR corridors at 1,500 feet MSL to 2,000 flying triple simultaneous instrument airspace meetings and offers the feet MSL directly over ORD through the approaches during west flow operations following, also addressed in the NPRM. Class B airspace surface area are not and non-participating VFR aircraft The proposed Area F Class B airspace feasible. VFR corridors provide general flying along the Lake Michigan extension extending west of ORD aviation flight paths for pilots planning shoreline. Although the commenters incorporates a portion of Class E flights into, out of, or through complex cited safety reasons as the basis for their airspace that currently lies to the west terminal airspace so as to avoid Class B suggestion, there are no known safety of the boundary of the existing Area F, airspace. ORD fans departures off the issues for that airspace today. The FAA which currently has a 4,000 feet MSL airport covering as much as 270 degrees recognizes that raising the Area C and floor, of the Chicago Class B airspace around the compass using a D Class B airspace floors would increase area. It is understandable that users of combination of parallel and diagonal options (additional transit altitudes and that Class E airspace view the runways. Depending upon the runway airspace over Lake Michigan) for non- establishment of Class B airspace there configuration in use, establishing low participating VFR pilots operating east as an encroachment; however, in the altitude corridors as suggested would of ORD; however, the Class B airspace interest of flight safety, the FAA has conflict with the over 1,300 departures in Areas C and D protects the

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instrument approaches flown to Thirty of those commenters thought that consumption for general aviation runways 22L and 27R, specifically. doing so would increase safety with aircraft. Two commenters stated that the regard to gliders avoiding the Class B The FAA does not agree that the Class airspace contained in Area F below airspace area. B airspace area modification will 5,000 feet MSL is unusable for The FAA does not agree. As stated in increase fuel consumption for air instrument approaches. One of those the NPRM, the FAA finds this transport aircraft. The FAA is taking commenters also stated that the FAA suggestion impractical. The resultant action to modify the existing Class B has indicated that the altitudes below dimension of the Area F extension airspace to contain IFR arrival aircraft 6,000 feet MSL are unusable in Area F would be insufficient laterally between flying instrument approach procedures on the west side of the Class B airspace the runway 9L centerline extended and within Class B airspace based on due to traffic from satellite airports. the northern boundary of the area to operational procedures today. This The FAA does not agree. These safely ensure separation between action aims to overcome IFR arrival statements are incorrect. In fact, IFR aircraft flying in the runways 9L, 9R, aircraft entering, exiting, and reentering aircraft flying instrument approach and 10 downwind traffic patterns and the Chicago Class B airspace area during procedures to ORD today operate below aircraft flying along the Area F arrival. This modification represents the 6,000 feet MSL in the airspace proposed boundary and final approach courses. minimum airspace needed to reasonably to be Area F. As mentioned previously Additionally, issues associated with accommodate current operations and in response to the public’s comments to establishing Area F with an insufficient flight tracks at ORD. Since air traffic raise the floor of Area F to 5,000 feet amount of airspace dimensionally will control will continue using existing MSL, when conducting triple only be compounded when the three approach procedures, altitudes, and simultaneous instrument approaches additional parallel runways that are flight tracks for the same fleet mix it is during an east flow, aircraft will be planned become operational. serving today, fuel consumption for air turned onto and established on final The FAA also notes that a second set transport aircraft being controlled today approach courses at 4,000 feet MSL for of railroad tracks parallel to the railroad is expected to remain the same in the runway 9L (the northern most runway), tracks near the town of Hampshire, IL, future. Finally, as the existing flight 7,000 feet MSL or above for runway 9R run approximately three NM to the tracks, altitude use, and approach (the center runway), and 5,000 feet MSL south. Although commenters believed procedures will not change as a result and 6,000 feet MSL for runway 10 (the that using the visually identifiable of modification to the Class B, this southernmost runway currently). When railroad tracks near Hampshire, IL, modification is not expected to have any runway 10C becomes operational, it will would increase safety with regard to fuel consumption impact on air be used as the southernmost arrival gliders avoiding the Chicago Class B transport aircraft. runway and mark the time when ORD airspace area, the opportunity for a pilot The FAA recognizes that the Class B will transition to become primarily a to misidentify the correct set of railroad airspace modification could increase west flow or east flow operation. tracks defining the boundary challenges fuel burn for non-participating VFR Traffic must be established on the that perspective. A pilot unfamiliar with aircraft. Areas E and F are the new Class respective localizers in a manner that the local area, encountering weather, or B airspace areas that could affect non- allows for standard IFR (1,000 feet confused in flight for any number of participating VFR aircraft. In order to vertical) separation to be maintained reasons could misidentify the railroad remain clear of the Chicago Class B until the aircraft is switched to the tracks near Hampshire, IL, with those airspace area, non-participating VFR parallel monitor frequency. This means railroad tracks running parallel pilots who decide not to contact the that the minimum point that the 4,000 approximately three NM south near Chicago TRACON for Class B services feet MSL traffic (north runway) needs to Burlington, IL, and unintentionally will either have to fly lower or further be established is 3 NM from the point intrude into the Chicago Class B east or west of ORD. However, this is that the adjoining final’s aircraft airspace area. necessary to separate them and the large descend below 5,000 feet MSL. The Two commenters stated that Area F turbo-jet aircraft being contained within traffic that turns on at 5,000 feet MSL or was not necessary because departure the Class B airspace area. While some 6,000 feet MSL (south runway) needs to aircraft from ORD did not conflict with aircraft would need to fly additional be established 3 NM from the point that instrument approach traffic in that area. distances or at different altitudes, the the adjoining final’s aircraft descend The FAA agrees that aircraft departing FAA believes any increase use of fuel below 7,000 feet MSL. These minimum ORD do not conflict with aircraft flying would be minimal and be justified by ‘‘turn on points’’ are located about 20 instrument approaches in that area. the increase in overall safety. NM west of ORD for east flow However, the FAA does not agree that One commenter stated that the floor operations. Additionally, for both north Area F is not necessary. Area F is of Area D over Joliet was too low, the and south runways, air traffic intended to contain IFR turbo-jet aircraft airspace proposal would adversely controllers will be sequencing aircraft flying instrument approach procedures affect Chicago Midway Airport (MDW) from two or more arrival streams, to runways 9L, 9R, and 10 within Class traffic, and that aircraft on approach to necessitating the use of multiple B airspace. It also will segregate IFR MDW should be at a higher altitude. altitudes in the arrival descent areas, turbo-jet aircraft from non-participating The FAA does not agree. The Joliet until lateral separation is established. GA and glider aircraft from operating Regional Airport lies outside the Under some projected traffic scenarios, within the same volume of airspace. Chicago Mode C veil (30 NM from ORD) multiple altitude downwind patterns This will ensure a safe flying in an area unaffected by the Chicago will be utilized, with traffic ‘‘layered’’ by environment for all aircraft flying in or Class B airspace modification. Area D in altitude, including the airspace between near Area F. the existing Chicago Class B airspace 4,000 feet MSL and 6,000 feet MSL. One commenter stated that aircraft are area is unchanged in the modification of Thirty-one commenters thought the more fuel efficient at higher altitudes the Chicago Class B airspace and railroad tracks near Hampshire, IL, and, consequently, the proposal would continues to be over 5 NM away from should be used as a visual landmark to increase fuel consumption for air Joliet Regional Airport. Since there are define the northern boundary of Area F transport aircraft. Another stated that no proposed changes to Area D, the between the 25 NM and 30 NM arcs. the proposal would increase fuel FAA does not believe there will be any

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adverse affects to IFR arrival and airspace necessary to ensure the safety Executive Airport, without entering departure operations to and from MDW. of all aircraft and the efficient use of Chicago Class B airspace. Additionally, the FAA considers the airspace. This action, once established, Area B. The northeast boundary of approach procedures to MDW to be safe, will ensure containment of turbo-jet IFR Area B is redefined using visually appropriate, and supportive of aircraft conducting instrument identifiable railroad tracks that run from operations there; therefore, the approach approaches to ORD within the confines U.S. Highway 294 to Willow Road procedures will not change as a result of Class B airspace and better segregate (slightly east of the existing Area B, of this action. IFR aircraft arriving/departing ORD and Area C, and current Area E shared Two commenters stated that the non-participating VFR aircraft operating boundary). Additionally, Area B is proposal would have noise impacts in the vicinity of the Chicago Class B expanded to incorporate a portion of because arrival aircraft would be flying airspace area. The containment of the existing Class B airspace contained in at lower altitudes. Additionally, one of IFR turbo-jet arrivals into ORD within the current Area E (specifically, the those commenters asked if an Class B airspace enables the segregation airspace contained east of the railroad environmental impact study or noise of those aircraft from non-participating tracks and south of Willow Road within study had been done and if the FAA had VFR aircraft and enhances safety system the current Area E) and lowers the floor notified communities that aircraft for all aircraft (IFR and VFR) equally. of that affected airspace to 1,900 feet would be flying over them at lower The FAA agrees that positive MSL. This modification of Area B raises altitudes. separation cannot be provided for the floor of the Class B airspace west of The FAA does not agree. In aircraft not in communication with air the railroad tracks westward to the accordance with FAA Order 1050.1, traffic control. FAA Order 7110.65, Air existing shared boundary noted above to Environmental Impacts: Policies and Traffic Control, prescribes the 3,000 feet MSL, but lowers the floor of Procedures, paragraph 311a, rulemaking separation standards between IFR the Class B airspace in the affected actions that modify Class B airspace are aircraft and between VFR/IFR aircraft segment of the current Area E to 1,900 categorically excluded from the that air traffic controllers must apply to feet MSL. This modification requirement to prepare an IFR aircraft they are controlling. This incorporates only that airspace deemed environmental assessment or action is aimed at ensuring the safety of necessary from the current Area E to environmental impact statement. The all aircraft, IFR and VFR equally, that ensure IFR arrival aircraft flying FAA determined that there were no will be operating in and around the instrument approaches to ORD Runway extraordinary circumstances that would Chicago Class B airspace area. 22R are contained within the confines of have necessitated further environmental Class B airspace throughout the The Rule review. The location of present day approach, and ensures segregation of flight tracks and altitude use will not The FAA is amending Title 14 of the IFR arrival aircraft from VFR aircraft change as a result of modification to the Code of Federal Regulations (14 CFR) flying near the boundary of Class B Class B airspace area. Jet aircraft will part 71 to modify the Chicago Class B airspace. Additionally, this modification continue to fly the same flight tracks airspace area. This action (depicted on better defines the northeast boundary of and patterns in the same locations that the attached chart) modifies several Area B using visual references. they fly today. There will be no adverse areas within the existing Chicago Class Area C. Area C is expanded by effects on any of the environmental B airspace area and establishes two incorporating portions of existing Class impact categories required to be Class B airspace extensions; one to the B airspace (Areas B and E), from 3,000 analyzed in accordance with FAA Order east and a second to the west to provide feet MSL to and including 10,000 feet 1050.1; neither will there be any necessary airspace for containment of MSL, commensurately. As described in cumulative impacts. Moreover, the FAA turbo-jet IFR aircraft conducting the Areas B and H modification prepared an environmental impact approach operations within the confines paragraphs (above and below), the new statement in July of 2005, and a record of Class B airspace once they have shared boundary follows railroad tracks of decision in September of 2005, for entered it and to better segregate the IFR that run northeast from U.S. Highway construction and operation of the new aircraft arriving/departing ORD and the 294 to the 10 NM arc of the Chicago runways at ORD. As such, there is no non-participating VFR aircraft operating O’Hare VOR/DME antenna. Other than requirement for a noise study or public in the vicinity of the Chicago Class B re-defining the shared boundary of the notification. airspace area. The modifications to the new Areas B, C, and H using a visual One commenter thought that undue Chicago Class B airspace area are reference for pilots flying in the vicinity priority was given to the safety needs of discussed below. of the Chicago Class B airspace, there is IFR aircraft destined for ORD and MDW; Area A. The northern boundary of no effect to IFR or VFR aircraft second priority was given to separation Area A is modified by incorporating the operations from this modification. between IFR and VFR traffic; and last airspace east of U.S. Highway 12 Area D. Area D is unchanged. priority was given to uncontrolled between the 6 NM and 5 NM arcs of the Area E. Area E is a newly established aircraft. This commenter added that Chicago O’Hare VOR/DME antenna, airspace extension to the east of the positive separation could not from 2,500 feet MSL to and including existing Chicago Class B airspace area realistically occur for uncontrolled 10,000 feet MSL, as part of Area G. The over Lake Michigan. This establishment aircraft and thought policymakers airspace east of U.S. Highway 12 extends Class B airspace from the should not favor one group over between the 6 NM and 5 NM arcs of the existing Area D boundary defined by the another. Chicago O’Hare VOR/DME antenna, 25 NM arc of the Chicago O’Hare VOR/ The FAA does not agree that priority below 2,500 feet MSL, are returned to DME antenna to the 30 NM arc of the is given to the safety needs of IFR over the NAS. This modification of Area A Chicago O’Hare VOR/DME antenna. The VFR aircraft. Title 49 of U.S. Code, raises the floor of the Class B airspace northern boundary is defined by Section 40103, Sovereignty and use of in the affected segment from the surface latitude/longitude points that lay along airspace, charges the FAA to develop to 2,500 feet MSL to provide additional Federal airways V–100/V–526, and the plans and policy for the use of the airspace to accommodate aircraft on the southern boundary is defined by navigable airspace and assign by downwind traffic pattern and circling latitude/longitude points that lay along regulation or order the use of the approaches to Runway 34 at Chicago Federal airways V–6/V–10. This new

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Area E extends upward from 4,000 feet accommodate aircraft on the downwind and other effects of proposed or final MSL to and including a ceiling of traffic pattern and circling approaches rules that include a Federal mandate 10,000 feet MSL to ensure IFR arrival to Runway 34 at Chicago Executive likely to result in the expenditure by aircraft flying simultaneous instrument Airport, without entering Chicago Class State, local, or tribal governments, in the approaches to the existing runways 27R, B airspace. aggregate, or by the private sector, of 27L, and 28, as well as the three Area H. Area H is established from the $100 million or more annually (adjusted additional parallel runways planned for existing northern portion of the current for inflation with base year of 1995). the near future, are contained within the Area E. This new area is bordered by the This portion of the preamble confines of Class B airspace throughout 10 NM arc of the Chicago O’Hare summarizes the FAA’s analysis of the their approach; ensure segregation of VOR/DME antenna on the east, Willow economic impacts of this final rule. IFR aircraft arriving ORD and non- Road on the south, and the railroad Department of Transportation Order participating VFR aircraft operating in tracks (located slightly east of the DOT 2100.5 prescribes policies and the vicinity of the Chicago Class B existing Area B, Area C, and Area E procedures for simplification, analysis, airspace area; and provide navigable shared boundary) that run from U.S. and review of regulations. If the airspace below and above for VFR Highway 294 to the 10 NM arc of the expected cost impact is so minimal that aircraft operations. Chicago O’Hare VOR/DME antenna on a proposed or final rule does not Area F. Area F is expanded to the the west. This new area extends upward warrant a full evaluation, this order west of ORD to establish an airspace from 2,500 feet MSL to and including permits that a statement to that effect extension to the west of the existing 10,000 feet MSL. and the basis for it be included in the Chicago Class B airspace area, similar to preamble if a full regulatory evaluation Environmental Review Area E to the east. Specifically, this of the cost and benefits is not prepared. modification extends the western The FAA has determined that this Such a determination has been made for boundary of the current Area F to a action qualifies for categorical exclusion this final rule. The reasoning for this uniform 25 NM arc of the Chicago under the National Environmental determination follows: O’Hare VOR/DME antenna and then Policy Act in accordance with FAA This final rule enhances safety by further extends a portion of the western Order 1050.1E, ‘‘Environmental Impacts: containing all instrument approach boundary to include the airspace Policies and Procedures,’’ paragraph procedures and associated traffic between the 25 NM and 30 NM arcs of 311a. This airspace action is not patterns within the confines of Class B the Chicago O’Hare VOR/DME antenna. expected to cause any potentially airspace. The requirements support The northern boundary of the extension significant environmental impacts, and increased operations and capacity to the to the 30 NM arc is defined by the no extraordinary circumstances exist current and planned parallel runways intersection of Interstate 90 and the 25 that warrant preparation of an while better segregating aircraft that will NM arc of the Chicago O’Hare environmental assessment. be operating in the affected airspace. VOR/DME antenna, then due west to lat. As stated in the NPRM, we are aware Paperwork Reduction Act 42°07′21″ N., long. 88°33′05″ W., on the that this final rule might require small 30 NM arc of the Chicago O’Hare VOR/ The Paperwork Reduction Act of 1995 adjustments to existing VFR flyway DME antenna; and the southern (44 U.S.C. 3507(d)) requires that the planning charts and perhaps some boundary of the extension to the 30 NM FAA consider the impact of paperwork increased general aviation fuel arc is defined by Illinois State Route 10 and other information collection consumption. After consultation with a between the 25 NM and 30 NM arcs of burdens imposed on the public. We diverse cross-section of stakeholders the Chicago O’Hare VOR/DME antenna. have determined that there is no new that participated in the ad hoc This new Area F extends upward from information collection requirement committee, and as we received no 4,000 feet MSL to and including 10,000 associated with this final rule. adverse comments regarding the feet MSL to ensure IFR arrival aircraft Regulatory Evaluation Summary economic analysis, we have determined flying simultaneous instrument that this final rule will result in minimal approaches to the existing runways 9L, Changes to Federal regulations must cost. 9R, and 10, as well as the three undergo several economic analyses. This final rule will enhance safety, additional parallel runways planned for First, Executive Order 12866 directs that reduce the potential for a midair the near future, are contained within the each Federal agency shall propose or collision in the Chicago terminal area, confines of Class B airspace throughout adopt a regulation only upon a reasoned and will improve the flow of air traffic. their approach; to ensure segregation of determination that the benefits of the As such, we estimate a minimal impact IFR aircraft arriving ORD and non- intended regulation justify its costs. with substantial positive net benefits. participating VFR aircraft operating in Second, the Regulatory Flexibility Act The FAA has, therefore, determined that the vicinity of the Chicago Class B of 1980 (Pub. L. 96–354) requires this final rule is not a ‘‘significant airspace area; and to provide navigable agencies to analyze the economic regulatory action’’ as defined in section airspace below and above for VFR impact of regulatory changes on small 3(f) of Executive Order 12866, and is not aircraft operations. entities. Third, the Trade Agreements ‘‘significant’’ as defined in DOT’s Area G. The southern boundary of Act (Pub. L. 96–39) prohibits agencies Regulatory Policies and Procedures. Area G is modified by incorporating the from setting standards that create airspace contained in Area A that lies unnecessary obstacles to the foreign Final Regulatory Flexibility east of U.S. Highway 12 between the 6 commerce of the United States. In Determination NM and 5 NM arcs of the Chicago developing U.S. standards, the Trade The Regulatory Flexibility Act of 1980 O’Hare VOR/DME antenna, extending Act requires agencies to consider (Pub. L. 96–354) (RFA) establishes ‘‘as a upward from 2,500 feet MSL to and international standards and, where principle of regulatory issuance that including 10,000 feet MSL. This appropriate, that they be the basis of agencies shall endeavor, consistent with modification of Area G raises the floor U.S. standards. Fourth, the Unfunded the objectives of the rule and of of the Class B airspace in the affected Mandates Reform Act of 1995 (Pub. L. applicable statutes, to fit regulatory and segment from the surface to 2,500 feet 104–4) requires agencies to prepare a informational requirements to the scale MSL to provide additional airspace to written assessment of the costs, benefits, of the businesses, organizations, and

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governmental jurisdictions subject to and is not considered an unnecessary thence clockwise along the 6 NM arc of the regulation. To achieve this principle, obstacle to trade. Chicago O’Hare VOR/DME to Interstate ° ′ ″ agencies are required to solicit and Highway 290 (lat. 41 57 12 N., long. Unfunded Mandates Assessment ° ′ ″ consider flexible regulatory proposals 88 01 56 W.); thence north along Interstate Highway 290 to the 6 NM arc of the Chicago and to explain the rationale for their Title II of the Unfunded Mandates ° ′ ″ Reform Act of 1995 (Pub. L. 104–4) O’Hare VOR/DME (lat. 42 01 20 N., long. actions to assure that such proposals are 88°01′51″ W.); thence clockwise along the 6 given serious consideration.’’ The RFA requires each Federal agency to prepare NM arc of the Chicago O’Hare VOR/DME to covers a wide-range of small entities, a written statement assessing the effects U.S. Highway 12 (lat. 42°05′03″ N., long. including small businesses, not-for- of any Federal mandate in a proposed or 87°56′26″ W.); thence southeast along U.S. profit organizations, and small final agency rule that may result in an Highway 12 to the point of beginning. governmental jurisdictions. expenditure of $100 million or more (in Area B. That airspace extending upward Agencies must perform a review to 1995 dollars) in any one year by State, from 1,900 feet MSL to and including 10,000 determine whether a rule will have a local, and tribal governments, in the feet MSL within an area bounded by a line significant economic impact on a aggregate, or by the private sector; such beginning at the intersection of U.S. Highway 294 and railroad tracks at lat. 42°03′58″ N., substantial number of small entities. If a mandate is deemed to be a ‘‘significant long. 87°51′58″ W.; thence northeast along the agency determines that it will, the regulatory action.’’ The FAA currently the railroad tracks to Willow Road (lat. agency must prepare a regulatory uses an inflation-adjusted value of 42°06′20″ N., long. 87°49′38″ W.); thence east flexibility analysis as described in the $143.1 million in lieu of $100 million. along Willow Road to the 10 NM arc of the RFA. However, if an agency determines This final rule does not contain such a Chicago O’Hare VOR/DME (lat. 42°06′04″ N., that a rule is not expected to have a mandate; therefore, the requirements of long. 87°44′28″ W.); thence clockwise along significant economic impact on a Title II of the Act do not apply. the 10 NM arc of the Chicago O’Hare VOR/ DME to the 5 NM radius of Chicago Midway substantial number of small entities, ° ′ ″ ° ′ ″ section 605(b) of the RFA provides that List of Subjects in 14 CFR Part 71 Airport (lat. 41 49 34 N., long. 87 51 00 Airspace, Incorporation by reference, W.); thence counterclockwise along the 5 NM the head of the agency may so certify radius of the Chicago Midway Airport to the and a regulatory flexibility analysis is Navigation (air). 10.5 NM arc of the Chicago O’Hare VOR/ not required. The certification must The Rule DME (lat. 41°48′59″ N., long. 87°51′22″ W.); include a statement providing the thence clockwise along the 10.5 NM arc of factual basis for this determination, and ■ In consideration of the foregoing, the the Chicago O’Hare VOR/DME to the 10 NM the reasoning should be clear. Federal Aviation Administration radius of the Chicago Midway Airport (lat. Our initial determination was that the amends 14 CFR part 71 as follows: 41°49′11″ N., long. 87°58′14″ W.); thence rule would not have a significant clockwise along the 10 NM radius of Chicago economic impact on a substantial PART 71—DESIGNATION OF CLASS A, Midway Airport to the 10 NM arc of the B, C, D, AND E AIRSPACE AREAS; AIR Chicago O’Hare VOR/DME (lat. 41°49′40″ N., number of small entities. We received ° ′ ″ no public comments regarding our TRAFFIC SERVICE ROUTES; AND long. 87 58 05 W.); thence clockwise along REPORTING POINTS the 10 NM arc of the Chicago O’Hare VOR/ initial determination. As such, this final DME to U.S. Highway 12 (lat. 42°08′02″ N., rule will not have a significant ■ 1. The authority citation for part 71 long. 88°00′44″ W.); thence southeast along economic impact on a substantial continues to read as follows: U.S. Highway 12 to the 5 NM arc of the number of small entities because the Chicago O’Hare VOR/DME (lat. 42°04′10″ N., economic impact is expected to be Authority: 49 U.S.C. 106(g), 40103, 40113, long. 87°55′31″ W.); thence clockwise along minimal. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– the 5 NM arc of the Chicago O’Hare VOR/ Therefore, the FAA Administrator 1963 Comp., p.389. DME to the point of beginning, excluding certifies that this final rule will not have § 71.1 [Amended] that airspace designated as Area A. Area C. That airspace extending upward a significant economic impact on a ■ 2. The incorporation by reference in substantial number of small entities. from 3,000 feet MSL to and including 10,000 14 CFR 71.1 of the Federal Aviation feet MSL within an area bounded by the 15 International Trade Impact Assessment Administration Order 7400.9U, NM arc of the Chicago O’Hare VOR/DME, excluding that airspace designated as Area A, The Trade Agreements Act of 1979 Airspace Designations and Reporting Points, dated August 18, 2010, and Area B, Area G, and Area H. (Pub. L. 96–39), as amended by the Area D. That airspace extending upward Uruguay Round Agreements Act (Pub. effective September 15, 2010, is amended as follows: from 3,600 feet MSL to and including 10,000 L. 103–465), prohibits Federal agencies feet MSL within an area bounded by a line from establishing standards or engaging Paragraph 3000 Subpart B—Class B beginning at lat. 42°07′52″ N., long. 88°10′47″ in related activities that create Airspace. W.; thence northwest to the 25 NM arc of the unnecessary obstacles to the foreign Chicago O’Hare VOR/DME (lat. 42°15′40″ N., * * * * * ° ′ ″ commerce of the United States. long. 88 19 39 W.); thence clockwise along AGL IL B Chicago, IL Pursuant to these Acts, the the 25 NM arc of the Chicago O’Hare VOR/ Chicago O’Hare International Airport DME to lat. 41°42′03″ N., long. 88°18′34″ W.; establishment of standards is not thence northeast to the 15 NM arc of the considered an unnecessary obstacle to (Primary Airport) (Lat. 41°58′54″ N., long. 87°54′24″ W.) Chicago O’Hare VOR/DME (lat. 41°49′53″ N., the foreign commerce of the United Chicago Midway Airport long. 88°09′59″ W.); thence clockwise along States, so long as the standard has a (Lat. 41°47′10″ N., long. 87°45′09″ W.) the 15 NM arc of the Chicago O’Hare VOR/ legitimate domestic objective, such the Chicago O’Hare VOR/DME DME to the point of beginning, excluding protection of safety, and does not (Lat. 41°59′16″ N., long. 87°54′17″ W.) that airspace designated as Area A, Area B, operate in a manner that excludes Boundaries. Area C, Area G, and Area H. imports that meet this objective. The Area A. That airspace extending upward Area E. That airspace extending upward statute also requires consideration of from the surface to and including 10,000 feet from 4,000 feet MSL to and including 10,000 feet MSL within an area bounded by a line international standards and, where MSL within an area bounded by a line beginning at lat. 42°04′10″ N., long. 87°55′31″ beginning at lat. 42°11′11″ N., long. 87°24′46″ appropriate, that they be the basis for W.; thence clockwise along the 5 NM arc of W.; thence east to the 30 NM arc of the U.S. standards. The FAA has assessed the Chicago O’Hare VOR/DME to lat. Chicago O’Hare VOR/DME (lat. 42°10′39″ N., the effect of this final rule and 41°59′15″ N., long. 87°47′35″ W.; thence east long. 87°17′01″ W.); thence clockwise along determined that it will enhance safety to lat. 41°59′15″ N., long. 87°46′15″ W.; the 30 NM arc of the Chicago O’Hare VOR/

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DME to lat. 41°46′38″ N., long. 87°17′51″ W.; to the 25 NM arc of the Chicago O’Hare VOR/ N., long. 87°55′31″ W.); thence clockwise thence west to the 25 NM arc of the Chicago DME (lat. 41°50′40″ N., long. 88°25′44″ W.); along the 5 NM arc of the Chicago O’Hare O’Hare VOR/DME (lat. 41°46′40″ N., long. thence counterclockwise along the 25 NM arc VOR/DME to the point of beginning. 87°25′22″ W.); thence counterclockwise along of the Chicago O’Hare VOR/DME to lat. Area H. That airspace extending upward ° ′ ″ ° ′ ″ the 25 NM arc of the Chicago O’Hare VOR/ 41 42 03 N., long. 88 18 34 W.; thence from 2,500 feet MSL to and including 10,000 DME to the point of beginning. northeast to the 15 NM arc of the Chicago ° ′ ″ feet MSL within an area bounded by a line Area F. That airspace extending upward O’Hare VOR/DME (lat. 41 49 53 N., long. beginning at the intersection of Willow Road 88°09′59″ W.); thence clockwise along the 15 from 4,000 feet MSL to and including 10,000 and railroad tracks at lat. 42°06′20″ N., long. feet MSL within an area bounded by a line NM arc of the Chicago O’Hare VOR/DME to 87°49′38″ W.; thence northeast along the beginning at lat. 42°07′52″ N., long. 88°10′47″ the point of beginning. railroad tracks to the 10 NM arc of the W.; thence northwest to the 25 NM arc of the Area G. That airspace extending upward ° ′ ″ ° ′ ″ from 2,500 feet MSL to and including 10,000 Chicago O’Hare VOR/DME (lat. 42 08 06 N., Chicago O’Hare VOR/DME (lat. 42 15 40 N., ° ′ ″ long. 88°19′39″ W.); thence counterclockwise feet MSL within an area bounded by a line long. 87 48 02 W.); thence clockwise along along the 25 NM arc of the Chicago O’Hare beginning at lat. 42°04′14″ N., long. 87°54′56″ the 10 NM arc of the Chicago O’Hare VOR/ VOR/DME to Interstate 90 (lat. 42°07′22″ N., W.; thence northwest to the 10 NM arc of the DME to Willow Road (lat. 42°06′04″ N., long. long. 88°26′01″ W.); thence west to the 30 Chicago O’Hare VOR/DME (lat. 42°09′00″ N., 87°44′28″ W.); thence west along Willow NM arc of the Chicago O’Hare VOR/DME (lat. long. 87°57′22″ W.); thence counterclockwise Road to the point of beginning. ° ′ ″ ° ′ ″ 42 07 21 N., long. 88 33 05 W.); thence along the 10 NM arc of the Chicago O’Hare Issued in Washington, DC, on September counterclockwise along the 30 NM arc of the VOR/DME to U.S. Highway 12 (lat. 42°08′02″ 15, 2010. Chicago O’Hare VOR/DME to Illinois State N., long. 88°00′44″ W.); thence southeast Route 10 (lat. 41°49′49″ N., long. 88°32′27″ along U.S. Highway 12 to the 5 NM arc of Edith V. Parish, W.); thence east along Illinois State Route 10 the Chicago O’Hare VOR/DME (lat. 42°04′10″ Manager, Airspace and Rules Group.

[FR Doc. 2010–23470 Filed 9–20–10; 8:45 am] ACTION: Final rule. revision of FAA Order 7400.9 and BILLING CODE 4910–13–P publication of conforming amendments. SUMMARY: This action will amend FOR FURTHER INFORMATION CONTACT: existing Class E airspace at Willcox, AZ, Eldon Taylor, Federal Aviation DEPARTMENT OF TRANSPORTATION to accommodate aircraft using a new Administration, Operations Support Area Navigation (RNAV) Global Group, Western Service Center, 1601 Federal Aviation Administration Positioning System (GPS) Standard Lind Avenue, SW., Renton, WA 98057; Instrument Approach Procedures telephone (425) 203–4537. 14 CFR Part 71 (SIAPs) at Cochise County Airport. This SUPPLEMENTARY INFORMATION: will improve the safety and [Docket No. FAA–2010–0325; Airspace management of Instrument Flight Rules History Docket No. 10–AWP–2] (IFR) operations at the airport. On June, 14, 2010, the FAA published Modification of Class E Airspace; DATES: Effective date, 0901 UTC, in the Federal Register a notice of Willcox, AZ November 18, 2010. The Director of the proposed rulemaking to amend Federal Register approves this controlled airspace at Willcox, AZ (75 AGENCY: Federal Aviation incorporation by reference action under FR 33561). Interested parties were Administration (FAA), DOT. 1 CFR part 51, subject to the annual invited to participate in this rulemaking

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effort by submitting written comments Adoption of the Amendment SECURITIES AND EXCHANGE on the proposal to the FAA. No COMMISSION comments were received. ■ In consideration of the foregoing, the 17 CFR Part 201 Class E airspace designations are Federal Aviation Administration published in paragraph 6005 of FAA amends 14 CFR part 71 as follows: [Release No. 34–62921] Order 7400.9U dated August 18, 2010, PART 71—DESIGNATION OF CLASS A, and effective September 15, 2010, which Rescission of Rules Pertaining to the B, C, D AND E AIRSPACE AREAS; AIR Payment of Bounties for Information is incorporated by reference in 14 CFR TRAFFIC SERVICE ROUTES; AND 71.1. The Class E airspace designations Leading to the Recovery of Civil REPORTING POINTS Penalties for Insider Trading listed in this document will be published subsequently in that Order. ■ 1. The authority citation for 14 CFR AGENCY: Securities and Exchange The Rule part 71 continues to read as follows: Commission. Authority: 49 U.S.C. 106(g), 40103, 40113, ACTION: Final rule. This action amends Title 14 Code of 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– SUMMARY: The Dodd-Frank Wall Street Federal Regulations (14 CFR) part 71 by 1963 Comp., p. 389. amending Class E airspace extending Reform and Consumer Protection Act 1 upward from 700 feet above the surface, § 71.1 [Amended] (‘‘Dodd-Frank Act’’) repealed former at Cochise County Airport, to Section 21A(e) of the Securities ■ 2. The incorporation by reference in accommodate IFR aircraft executing Exchange Act of 1934, which had 14 CFR 71.1 of the Federal Aviation authorized the Securities and Exchange new RNAV (GPS) SIAPs at the airport. Administration Order 7400.9U, Commission (‘‘Commission’’) to make This action is necessary for the safety Airspace Designations and Reporting monetary awards to persons who and management of IFR operations. Points, dated August 18, 2010, and provided information leading to the The FAA has determined this effective September 15, 2010 is recovery of civil penalties for insider regulation only involves an established amended as follows: trading violations. Because the statutory body of technical regulations for which basis for the insider trading bounty frequent and routine amendments are Paragraph 6005 Class E airspace areas program has been removed, the necessary to keep them operationally extending upward from 700 feet or more Commission is rescinding rules above the surface of the earth. current. Therefore, this regulation: (1) Is promulgated to administer the program. not a ‘‘significant regulatory action’’ * * * * * DATES: Effective Date: September 21, under Executive Order 12866; (2) is not AWP AZ E5 Willcox, AZ [Modified] 2010. ‘‘ ’’ a significant rule under DOT Cochise County Airport, AZ FOR FURTHER INFORMATION CONTACT: Regulatory Policies and Procedures (44 (Lat. 32°14′44″ N., long. 109°53′41″ W.) Kenneth H. Hall, Assistant Chief FR 11034; February 26, 1979); and (3) That airspace extending upward from 700 Counsel, (202) 551–4936, Office of Chief does not warrant preparation of a feet above the surface within 6.5-mile radius Counsel, Division of Enforcement, regulatory evaluation as the anticipated of the Cochise County Airport and within 5 Securities and Exchange Commission, impact is so minimal. Since this is a miles each side of the 225° bearing from the 100 F Street, NE., Washington, DC routine matter that will only affect air Cochise County Airport extending from the 20549–6553. traffic procedures and air navigation, it 6.5-mile radius to 14.5 miles southwest of the SUPPLEMENTARY INFORMATION: The is certified this rule, when promulgated, Cochise County Airport, and within 5.5 miles Insider Trading and Securities Fraud will not have a significant economic southeast and 4.5 miles northwest of the 055° Enforcement Act of 1988 authorized the impact on a substantial number of small bearing from the Cochise County Airport Commission to award bounties to entities under the criteria of the extending from the 6.5-mile radius to 14.5 persons who provided information Regulatory Flexibility Act. The FAA’s miles northeast of the Cochise County leading to the recovery of civil penalties authority to issue rules regarding Airport; that airspace extending upward from for insider trading violations; the bounty aviation safety is found in Title 49 of the 1,200 feet above the surface bounded on the provision was codified as former ° ′ ″ ° ′ ″ U.S. Code. Subtitle 1, section 106 north by lat. 32 22 40 N., long. 109 25 00 Section 21A(e) of the Securities ° ′ ″ ° ′ ″ discusses the authority of the FAA W.; to lat. 32 14 30 N., long. 109 28 00 W.; Exchange Act of 1934 (‘‘Exchange Act’’). ° ′ ″ ° ′ ″ Administrator. Subtitle VII, Aviation to lat. 32 21 20 N., long. 109 58 00 W.; to In 1989, the Commission adopted ° ′ ″ ° ′ ″ Programs, describes in more detail the lat. 32 30 00 N., long. 109 54 00 W.; thence procedural rules to administer the scope of the agency’s authority. This to point of beginning. insider trading bounty program. See rulemaking is promulgated under the Issued in Seattle, Washington, on August Applications for Bounty Awards on Civil authority described in subtitle VII, part 30, 2010. Penalties Imposed in Insider Trading A, subpart I, section 40103. Under that John Warner, Litigation, Exchange Act Release No. section, the FAA is charged with Manager, Operations Support Group, Western 26994 (June 30, 1989). prescribing regulations to assign the use Service Center. The Dodd-Frank Act created a new of airspace necessary to ensure the [FR Doc. 2010–23394 Filed 9–20–10; 8:45 am] and broader program for making monetary awards to whistleblowers, safety of aircraft and the efficient use of BILLING CODE 4910–13–P airspace. This regulation is within the codified as Section 21F of the Exchange scope of that authority as it establishes Act.2 Under the new whistleblower additional controlled airspace at program, the Commission is authorized Cochise County Airport, Willcox, AZ. to make awards to persons who voluntarily provide the Commission List of Subjects in 14 CFR Part 71 1 Public Law 111–203, 124 Stat. 1376 (July 21, Airspace, Incorporation by reference, 2010). Navigation (air). 2 Section 922 of the Dodd-Frank Act.

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with ‘‘original information’’ about a engaging in rulemaking where we are ‘‘Sarbanes-Oxley Act’’), as added by violation of the Federal securities laws required to consider or determine Section 989G of the Dodd-Frank Wall that leads to the successful enforcement whether an action is necessary or Street Reform and Consumer Protection of a ‘‘covered judicial or administrative appropriate in the public interest, to Act (the ‘‘Dodd-Frank Act’’). Section action,’’ or a ‘‘related action,’’ as those consider, in addition to the protection of 404(c) provides that Section 404(b) of terms are defined by the Dodd-Frank investors, whether the action will the Sarbanes-Oxley Act shall not apply Act. Unlike the insider trading bounty promote efficiency, competition, and with respect to any audit report program, awards may be paid in capital formation. Because Congress has prepared for an issuer that is neither an connection with original information repealed the insider trading bounty accelerated filer nor a large accelerated concerning any violation of the Federal program, our removal of the procedural filer as defined in Rule 12b–2 under the securities laws. Awards may range from rules related to that program will not Securities Exchange Act of 1934 (the 10 to 30 percent of the amounts create any competitive advantages or ‘‘Exchange Act’’). collected as monetary sanctions disadvantages, or affect efficiency, DATES: Effective Date: September 21, imposed in the covered judicial or competition, and capital formation. 2010. administrative action or related actions. FOR FURTHER INFORMATION CONTACT: In connection with enactment of the Statutory Authority and Text of Steven G. Hearne, Special Counsel, new whistleblower provision, Congress Amendments Office of Rulemaking, Division of repealed Section 21A(e).3 Because that The Commission is removing Corporation Finance, at (202) 551–3430, statutory provision is no longer regulations pursuant to authority Steven Jacobs, Associate Chief available as a basis for awarding provided by Section 23(a) of the Accountant, Division of Corporation bounties in insider trading cases, the Exchange Act. Finance, at (202) 551–3400, or John Commission is rescinding its rules for Offenbacher, Senior Associate Chief administration of the insider trading List of Subjects in 17 CFR Part 201 Accountant, or Annemarie Ettinger, bounty program. Administrative practice and Senior Special Counsel, Office of the procedure. Procedural and Other Matters Chief Accountant, at (202) 551–5300, The Administrative Procedure Act Text of Amendments U.S. Securities and Exchange Commission, 100 F Street, NE., (‘‘APA’’) generally requires an agency to ■ For the reasons set out in the Washington, DC 20549. publish notice of a proposed rulemaking preamble, Title 17, Chapter II of the 4 SUPPLEMENTARY INFORMATION: We are in the Federal Register. This Code of Federal Regulations is amended adopting conforming amendments to requirement does not apply, however, if as follows: the agency ‘‘for good cause’’ finds * * * Rule 2–021 of Regulation S–X,2 Item that notice and public procedure PART 201—RULES OF PRACTICE 308 3 of Regulation S–K,4 Item 15 of thereon are impracticable, unnecessary, Form 20–F,5 and General Instruction or contrary to the public interest.’’ 5 ■ 1. The authority citation for part 201 B.(6) of Form 40–F.6 continues to read as follows: Because the statutory authority for the I. Description of Amendments insider trading bounty program has been Authority: 15 U.S.C. 77s, 77sss, 78w, 78x, repealed, the Commission is removing 80a–37, and 80b–11; 5 U.S.C. 504(c)(1). The Commission is adopting the rules administering the program amendments to its rules and forms to from the Federal Register. These rules Subpart C—[Removed and Reserved] conform them to new Section 404(c) of no longer have any practical effect, and the Sarbanes-Oxley Act,7 as added by ■ 2. Remove and reserve Subpart C. 8 their continued inclusion in the Federal Section 989G of the Dodd-Frank Act. Register might lead to public confusion. Dated: September 15, 2010. Section 404(c) provides that Section For these reasons, the Commission finds By the Commission. 404(b) of the Sarbanes-Oxley Act shall not apply with respect to any audit that good cause exists to dispense with Elizabeth M. Murphy, report prepared for an issuer that is public notice and comment because Secretary. notice and comment would be neither an accelerated filer nor a large [FR Doc. 2010–23457 Filed 9–20–10; 8:45 am] unnecessary, impracticable and contrary accelerated filer as defined in Rule 12b– to the public interest.6 For similar BILLING CODE 8010–01–P 29 under the Exchange Act.10 Prior to reasons the Commission finds good enactment of the Dodd-Frank Act, a non-accelerated filer 11 would have been cause for this action to be effective SECURITIES AND EXCHANGE 7 immediately. COMMISSION Section 23(a)(2) of the Exchange Act 1 17 CFR 210.2–02. requires the Commission to consider the 2 17 CFR part 210. 17 CFR Parts 210, 229, and 249 3 competitive effects of rulemaking under 17 CFR 229.308. [Release Nos. 33–9142; 34–62914] 4 17 CFR part 229. the Exchange Act. Further, Section 3(f) 5 17 CFR 249.220f. of the Exchange Act requires us, when 6 Internal Control Over Financial 17 CFR 249.240f. Reporting in Exchange Act Periodic 7 15 U.S.C. 7201 et seq. 3 Section 923(b) of the Dodd-Frank Act. 8 Reports of Non-Accelerated Filers Public Law 111–203 (July 21, 2010). 4 See 5 U.S.C. 553(b). 9 17 CFR 240.12b–2. 5 5 U.S.C. 553(b). AGENCY: Securities and Exchange 10 15 U.S.C. 78a et seq. 6 Similarly, the amendments do not require Commission. 11 Although the term ‘‘non-accelerated filer’’ is not analysis under the Regulatory Flexibility Act. See defined in Commission rules, we use it throughout 5 U.S.C. 601(2) and 603(a) (for purposes of ACTION: Final rule. this release to refer to a reporting company that Regulatory Flexibility Act analysis, the term ‘‘rule’’ does not meet the definition of either an means any rule for which the agency publishes a SUMMARY: The Securities and Exchange ‘‘accelerated filer’’ or a ‘‘large accelerated filer’’ general notice of proposed rulemaking). Commission (‘‘Commission’’) is adopting under Exchange Act Rule 12b–2. Under Exchange 7 Additionally, this finding satisfies the Act Rule 12b–2, an accelerated filer is an issuer that requirements for immediate effectiveness under the amendments to its rules and forms to ‘‘had an aggregate worldwide market value of the Small Business Regulatory Enforcement Fairness conform them to Section 404(c) of the voting and non-voting common equity held by its Act. See 5 U.S.C. 808(2); see also 5 U.S.C. 801(a)(4). Sarbanes-Oxley Act of 2002 (the Continued

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required, under existing Commission of management on the issuer’s internal in adopting rules under the Exchange rules, to include an attestation report of control over financial reporting.15 Act, to consider the competitive effects its registered public accounting firm on of such rules, if any, and to refrain from II. Procedural and Other Matters internal control over financial reporting adopting a rule that would impose a in the filer’s annual report filed with the Under the Administrative Procedure burden on competition not necessary or Commission for fiscal years ending on Act, a notice of proposed rulemaking is appropriate in furtherance of the or after June 15, 2010.12 not required when the agency, for good purposes of the Exchange Act.19 Section cause, finds that notice and public 3(f) of the Exchange Act requires the To conform the Commission’s rules to comment are impracticable, Section 404(c) of the Sarbanes-Oxley Commission, whenever it engages in unnecessary, or contrary to the public rulemaking and must consider or Act, these amendments remove the interest.16 These amendments merely determine if an action is necessary or requirement for a non-accelerated filer conform certain rules and forms to a appropriate in the public interest, to to include in its annual report an newly enacted statute, Section 404(c) of consider if the action will promote attestation report of the filer’s registered the Sarbanes-Oxley Act, as amended by efficiency, competition, and capital public accounting firm.13 We are also the Dodd-Frank Act, so the Commission formation.20 We do not anticipate any adopting a conforming change to our finds that it is unnecessary to publish competitive or capital formation effects rules concerning management’s 17 notice of these amendments. These from these amendments as they merely disclosure in the annual report amendments revise the Commission’s conform certain rules and forms to new regarding inclusion of an attestation rules and forms to make them consistent Section 404(c) of the Sarbanes-Oxley report to provide that the disclosure with the internal control reporting Act. We do not anticipate that these only applies if an attestation report is requirements for non-accelerated filers conforming amendments will impose included.14 Lastly, we are making a in the Sarbanes-Oxley Act, as amended any costs, and they may promote conforming change to Rule 2–02(f) of by the Dodd-Frank Act, and should efficiency by eliminating potential Regulation S–X to clarify that an auditor therefore minimize potential confusion confusion that may otherwise result of a non-accelerated filer need not of issuers and investors. from a discrepancy between our rules include in its audit report an assessment The Administrative Procedure Act and the statute. of the issuer’s internal control over also requires publication of a rule at New Section 404(c) of the Sarbanes- financial reporting. least 30 days before its effective date Oxley Act will have an effect on the All issuers, including non-accelerated unless the agency finds otherwise for ‘‘ ’’ 18 collection of information requirements filers, continue to be subject to the good cause. The Commission finds within the meaning of the Paperwork requirements of Section 404(a) of the there is good cause for the amendments Reduction Act of 1995.21 The current Sarbanes-Oxley Act. Section 404(a) and to take effect on September 21, 2010 burden estimates for the relevant forms its implementing rules require that an because the Commission’s current include 0.5 hours for approximately issuer’s annual report include a report applicable rules and forms do not 4,700 non-accelerated filers attributable conform to Section 404(c) of the to the burden of filing the auditor Sarbanes-Oxley Act. non-affiliates of $75 million or more, but less than attestation report and related disclosure, The Commission is taking this action $700 million, as of the last business day of the but not the audit work. As a result of the to implement the Dodd-Frank Act. issuer’s most recently completed second fiscal statutory change, those non-accelerated quarter’’ and a large accelerated filer is an issuer Thus, any costs and benefits to the that ‘‘had an aggregate worldwide market value of filers no longer are required to include economy resulting from these 22 the voting and non-voting common equity held by amendments are mandated by the Dodd- that attestation. its non-affiliates of $700 million or more, as of the last business day of the issuer’s most recently Frank Act. Section 23(a)(2) of the III. Statutory Basis and Text of completed second fiscal quarter’’. In addition, for Exchange Act requires the Commission, Amendments both definitions, the issuer needs to have been The amendments described in this subject to reporting requirements for at least twelve 15 See 17 CFR 229.308(a). For further guidance on calendar months, have filed at least one annual management’s report, see Commission Guidance release are made under the authority set report, and not be eligible to use the requirements Regarding Management’s Report on Internal Control forth in Section 19 of the Securities Act, for smaller reporting companies for its annual and Over Financial Reporting Under Section 13(a) or Sections 3, 12, 13, 15, and 23 of the quarterly reports. 15(d) of the Securities Exchange Act of 1934, Exchange Act, and Sections 3(a) and 404 12 See Release No. 33–9072 (Oct. 13, 2009) [74 FR Release No. 33–8810 (June 20, 2007) [72 FR 35324]. 53628]. Consistent with Sections 404(a) and 404(b) All such reports for non-accelerated filers for fiscal of the Sarbanes-Oxley Act. of the Sarbanes-Oxley Act, on June 5, 2003, the years ending on or after June 15, 2010 will be Commission adopted initial amendments to its considered ‘‘filed’’ under the Exchange Act. List of Subjects rules and forms requiring companies, other than Although there are many different ways to conduct 17 CFR Part 210 registered investment companies, to include in their an evaluation of the effectiveness of internal control annual reports filed with the Commission a report over financial reporting, an evaluation that is Accountants, Accounting, Reporting of management and an accompanying auditor’s conducted in accordance with this interpretive and recordkeeping requirements, attestation report on the effectiveness of the guidance is one way to satisfy the requirements for company’s internal control over financial reporting. the evaluation. Securities. See Release No. 33–8238 (June 5, 2003) [68 FR 16 5 U.S.C. 553(b). 17 CFR Parts 229 and 249 36636]. Subsequent to the adoption of those rules, 17 This finding also satisfies the requirements of the Commission postponed the Section 404(b) 5 U.S.C. 808(2), allowing the rule amendment to Reporting and recordkeeping auditor attestation requirement for non-accelerated become effective notwithstanding the requirement requirements, Securities. filers, such that the auditor’s attestation report for of 5 U.S.C. 801 (if a Federal agency finds that notice these filers would have first been required for and public comment are ‘‘impractical, unnecessary Text of Amendments annual reports filed with the Commission for fiscal or contrary to the public interest,’’ a rule ‘‘shall take years ending on or after June 15, 2010. The effect at such time as the federal agency ■ In accordance with the foregoing, the amendments in this Release will not affect the promulgating the rule determines’’). For similar Commission is amending Title 17, transition rules applicable for non-accelerated filers reasons, the amendments do not require analysis with fiscal years ending prior to June 15, 2010. under the Regulatory Flexibility Act. See 5 U.S.C. 19 13 An issuer that is an accelerated filer or a large 601(2) (for purposes of Regulatory Flexibility Act 15 U.S.C. 78w(a)(2). accelerated filer continues to be subject to the analysis, the term ‘‘rule’’ means ‘‘any rule for which 20 15 U.S.C. 78c(f). requirements of Section 404(b) of the Sarbanes- the agency publishes a general notice of proposed 21 44 U.S.C. 3501 et seq. Oxley Act. rulemaking’’). 22 We are issuing a separate notice regarding the 14 See new Item 308(a)(4) of Regulation S–K. 18 See 5 U.S.C. 553(d)(3). impact of this change on paperwork burdens.

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Chapter II of the Code of Federal covered by the report and indicate that Authority: 15 U.S.C. 78a et seq. and 7201 Regulations as follows: the accountant has audited the et seq.; and 18 U.S.C. 1350, unless otherwise effectiveness of internal control over noted. PART 210—FORM AND CONTENT OF financial reporting. The attestation * * * * * AND REQUIREMENTS FOR FINANCIAL report on internal control over financial ■ 6. Form 20–F (referenced in STATEMENTS, SECURITIES ACT OF reporting may be separate from the § 249.220f) is amended by revising 1933, SECURITIES EXCHANGE ACT accountant’s report. paragraphs (b)(4) and (c) of Item 15 to OF 1934, PUBLIC UTILITY HOLDING * * * * * read as follows: COMPANY ACT OF 1935, INVESTMENT Note: The text of Form 20–F does not, and COMPANY ACT OF 1940, INVESTMENT PART 229—STANDARD ADVISERS ACT OF 1940 AND ENERGY this amendment will not, appear in the Code INSTRUCTIONS FOR FILING FORMS of Federal Regulations. POLICY AND CONSERVATION ACT OF UNDER SECURITIES ACT OF 1933, 1975 SECURITIES EXCHANGE ACT OF 1934 FORM 20–F AND ENERGY POLICY AND ■ 1. The authority citation for part 210 * * * * * continues to read as follows: CONSERVATION ACT OF 1975— REGULATION S–K PART II Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3, 77aa(25), 77aa(26), 77nn(25), * * * * * ■ 3. The authority citation for part 229 77nn(26), 78c, 78j–1, 78l, 78m, 78n, 78o(d), Item 15. Controls and Procedures. 78q, 78u–5, 78w, 78ll, 78mm, 80a–8, 80a–20, continues to read, in part, as follows: 80a–29, 80a–30, 80a–31, 80a–37(a), 80b–3, Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, * * * * * 80b–11, 7202, and 7262, unless otherwise 77k, 77s, 77z–2, 77z–3, 77aa(25), 77aa(26), (b) * * * noted. 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, (4) If an issuer is an accelerated filer * * * * * 77nnn, 77sss, 78c, 78i, 78j, 78l, 78m, 78n, or a large accelerated filer (as defined in ■ 78o, 78u–5, 78w, 78ll, 78mm, 80a–8, 80a–9, § 240.12b–2 of this chapter), or 2. Section 210.2–02 is amended by 80a–20, 80a–29, 80a–30, 80a–31(c), 80a–37, revising paragraph (f) to read as follows: 80a–38(a), 80a–39, 80b–11, and 7201 et seq.; otherwise includes in its annual report and 18 U.S.C. 1350, unless otherwise noted. a registered public accounting firm’s § 210.2–02 Accountants’ reports and attestation report on internal control attestation reports. * * * * * over financial reporting, a statement that * * * * * ■ 4. Section 229.308 is amended by the registered public accounting firm (f) Attestation report on internal revising paragraphs (a)(4) and (b) to read that audited the financial statements control over financial reporting. (1) as follows: included in the annual report Every registered public accounting firm containing the disclosure required by that issues or prepares an accountant’s § 229.308 (Item 308) Internal control over this Item has issued an attestation report financial reporting. report for a registrant, other than a on management’s assessment of the registrant that is neither an accelerated (a) * * * issuer’s internal control over financial filer nor a large accelerated filer (as (4) If the registrant is an accelerated reporting. defined in § 240.12b–2 of this chapter) (c) Attestation report of the registered or an investment company registered filer or a large accelerated filer (as defined in § 240.12b–2 of this chapter), public accounting firm. If an issuer is an under section 8 of the Investment accelerated filer or a large accelerated Company Act of 1940 (15 U.S.C. 80a–8), or otherwise includes in its annual report a registered public accounting filer (as defined in § 240.12b–2 of this that is included in an annual report chapter), and where the Form is being required by section 13(a) or 15(d) of the firm’s attestation report on internal control over financial reporting, a used as an annual report filed under Securities Exchange Act of 1934 (15 Section 13(a) or 15(d) of the Exchange U.S.C. 78a et seq.) containing an statement that the registered public accounting firm that audited the Act, provide the registered public assessment by management of the accounting firm’s attestation report on effectiveness of the registrant’s internal financial statements included in the annual report containing the disclosure management’s assessment of the issuer’s control over financial reporting must internal control over financial reporting include an attestation report on internal required by this Item has issued an attestation report on the registrant’s in the issuer’s annual report containing control over financial reporting. the disclosure required by this Item. (2) If an attestation report on internal internal control over financial reporting. * * * * * control over financial reporting is (b) Attestation report of the registered included in an annual report required public accounting firm. If the registrant ■ 7. Form 40–F (referenced in by section 13(a) or 15(d) of the is an accelerated filer or a large § 249.240f) is amended by revising Securities Exchange Act of 1934 (15 accelerated filer (as defined in paragraphs (c)(4) and (d) in General U.S.C. 78a et seq.), it shall clearly state § 240.12b–2 of this chapter), provide the Instruction B.(6) to read as follows: the opinion of the accountant, either registered public accounting firm’s Note: The text of Form 40–F does not, and unqualified or adverse, as to whether attestation report on the registrant’s this amendment will not, appear in the Code the registrant maintained, in all material internal control over financial reporting of Federal Regulations. respects, effective internal control over in the registrant’s annual report financial reporting, except in the rare containing the disclosure required by FORM 40–F circumstance of a scope limitation that this Item. * * * * * cannot be overcome by the registrant or * * * * * the registered public accounting firm GENERAL INSTRUCTIONS which would result in the accounting PART 249—FORMS, SECURITIES * * * * * firm disclaiming an opinion. The EXCHANGE ACT OF 1934 attestation report on internal control B. Information To Be Filed on this Form over financial reporting shall be dated, ■ 5. The authority citation for part 249 * * * * * signed manually, identify the period continues to read, in part, as follows: (6) * * *

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(c)(4) If an issuer is an accelerated DATES: This rule is effective from 10 the public interest. Delaying the filer or a large accelerated filer (as a.m. on October 1, 2010 until 6 p.m. on effective date would be contrary to the defined in 17 CFR 240.12b–2), or October 3, 2010. regulated area’s intended objectives of otherwise includes in its annual report ADDRESSES: Comments and material protecting persons and vessels involved a registered public accounting firm’s received from the public, as well as in the event, and enhancing public and attestation report on internal control documents mentioned in this preamble maritime safety. over financial reporting, a statement that as being available in the docket, are part Basis and Purpose the registered public accounting firm of docket USCG–2010–0383 and are that audited the financial statements available online by going to http:// On October 1, 2010 and October 3, included in the annual report www.regulations.gov, inserting USCG– 2010, the Chesapeake Bay Power Boat containing the disclosure required by 2010–0383 in the ‘‘Keyword’’ box, and Association will sponsor power boat this Item has issued an attestation report then clicking ‘‘Search.’’ This material is races on the Patuxent River near on management’s assessment of the also available for inspection or copying Solomons, MD. The event consists of issuer’s internal control over financial at the Docket Management Facility (M– offshore power boats racing in a reporting. 30), U.S. Department of Transportation, counter-clockwise direction on a (d) Attestation report of the registered West Building Ground Floor, Room racetrack-type course located between public accounting firm. If an issuer is an W12–140, 1200 New Jersey Avenue, SE., the Governor Thomas Johnson Memorial accelerated filer or a large accelerated Washington, DC 20590, between 9 a.m. (SR–4) Bridge and the U.S. Naval Air filer (as defined in § 240.12b–2 of this and 5 p.m., Monday through Friday, Station Patuxent River, MD. The start chapter), and where the Form is being except Federal holidays. and finish lines will be located near the Solomon’s Pier. A large spectator fleet is used as an annual report filed under FOR FURTHER INFORMATION CONTACT: If expected during the event. Due to the Section 13(a) or 15(d) of the Exchange you have questions on this temporary need for vessel control during the event, Act, provide the registered public rule, call or e-mail Mr. Ronald Houck, the Coast Guard will temporarily restrict accounting firm’s attestation report on U.S. Coast Guard Sector, Baltimore, MD; vessel traffic in the event area to provide management’s assessment of the issuer’s telephone 410–576–2674, e-mail for the safety of participants, spectators internal control over financial reporting [email protected]. If you have and other transiting vessels. in the issuer’s annual report containing questions on viewing the docket, call the disclosure required by this Item. Renee V. Wright, Program Manager, Discussion of Comments and Changes * * * * * Docket Operations, telephone 202–366– The Coast Guard received no By the Commission. 9826. comments in response to the NPRM and Dated: September 15, 2010. SUPPLEMENTARY INFORMATION: SNPRM. No public meeting was Elizabeth M. Murphy, Regulatory Information requested and none was held. The Secretary. regulation proposed in the SNPRM is On June 10, 2010, we published a the regulation being added. [FR Doc. 2010–23492 Filed 9–20–10; 8:45 am] notice of proposed rulemaking (NPRM) BILLING CODE 8010–01–P entitled ‘‘Special Local Regulations for Regulatory Analyses Marine Events; Patuxent River, We developed this rule after Solomons, MD’’ in the Federal Register considering numerous statutes and (75 FR 32866). Additionally, on July 19, executive orders related to rulemaking. DEPARTMENT OF HOMELAND 2010, we published a supplemental SECURITY Below we summarize our analyses notice of proposed rulemaking (SNPRM) based on 13 of these statutes or ‘‘ Coast Guard entitled Special Local Regulations for executive orders. Marine Events; Patuxent River, ’’ Regulatory Planning and Review 33 CFR Part 100 Solomons, MD in the Federal Register (75 FR 41789). We received no This rule is not a significant comments on the proposed rules. No regulatory action under section 3(f) of [Docket No. USCG–2010–0383] public meeting was requested, and none Executive Order 12866, Regulatory was held. Planning and Review, and does not RIN 1625–AA08 Under 5 U.S.C. 553(d)(3), the Coast require an assessment of potential costs Special Local Regulations for Marine Guard finds that good cause exists for and benefits under section 6(a)(3) of that Events; Patuxent River, Solomons, MD making this rule effective less than 30 Order. The Office of Management and days after publication in the Federal Budget has not reviewed it under that AGENCY: Coast Guard, DHS. Register. Due to the need for immediate Order. ACTION: Temporary final rule. action, the restriction of vessel traffic is Although this regulation will prevent necessary to protect life, property and traffic from transiting a portion of the SUMMARY: The Coast Guard is the environment against the hazards Patuxent River during the event, the establishing special local regulations associated with high-speed offshore effect of this regulation will not be during the ‘‘Chesapeake Challenge’’ power boat races on confined navigable significant due to the limited duration power boat races, a marine event to be waters. Such hazards include damages that the regulated area will be in effect held on the waters of the Patuxent and injuries caused by collisions with and the extensive advance notifications River, near Solomons, MD on October 1, other vessels and navigational that will be made to the maritime 2010 and October 3, 2010. These special obstructions and hazards caused by community via the Local Notice to local regulations are necessary to vessel sinkings. In addition, with no Mariners and marine information provide for the safety of life on changes from the information provided broadcasts, so mariners can adjust their navigable waters during the event. This in the SNPRM and no comments plans accordingly. Additionally, the action is intended to temporarily restrict received, the public has been aware of regulated area has been narrowly vessel traffic in a portion of the Patuxent the scheduled date since July 19, 2010. tailored to impose the least impact on River during the event. Therefore, a 30-day notice is contrary to general navigation yet provide the level

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of safety deemed necessary. Vessel annually and rates each agency’s Indian Tribal Governments traffic will be able to transit safely responsiveness to small business. If you This rule does not have tribal through a portion regulated area, wish to comment on actions by implications under Executive Order westward and southward of the employees of the Coast Guard, call 1– 13175, Consultation and Coordination spectator fleet area. 888–REG–FAIR (1–888–734–3247). The with Indian Tribal Governments, Small Entities Coast Guard will not retaliate against because it does not have a substantial small entities that question or complain direct effect on one or more Indian Under the Regulatory Flexibility Act about this rule or any policy or action tribes, on the relationship between the (5 U.S.C. 601–612), we have considered of the Coast Guard. Federal Government and Indian tribes, whether this rule would have a or on the distribution of power and significant economic impact on a Collection of Information responsibilities between the Federal substantial number of small entities. This rule calls for no new collection Government and Indian tribes. The term ‘‘small entities’’ comprises of information under the Paperwork small businesses, not-for-profit Energy Effects Reduction Act of 1995 (44 U.S.C. 3501– organizations that are independently 3520). We have analyzed this rule under owned and operated and are not Executive Order 13211, Actions dominant in their fields, and Federalism Concerning Regulations That governmental jurisdictions with Significantly Affect Energy Supply, populations of less than 50,000. A rule has implications for federalism under Executive Order 13132, Distribution, or Use. We have The Coast Guard certifies under 5 ‘‘ Federalism, if it has a substantial direct determined that it is not a significant U.S.C. 605(b) that this rule will not have ’’ effect on State or local governments and energy action under that order because a significant economic impact on a it is not a ‘‘significant regulatory action’’ would either preempt State law or substantial number of small entities. under Executive Order 12866 and is not impose a substantial direct cost of This rule would affect the following likely to have a significant adverse effect compliance on them. We have analyzed entities, some of which might be small on the supply, distribution, or use of this rule under that Order and have entities: the owners or operators of energy. The Administrator of the Office determined that it does not have vessels intending to transit or anchor in of Information and Regulatory Affairs implications for federalism. the affected portions of the Patuxent has not designated it as a significant River during the event. Unfunded Mandates Reform Act energy action. Therefore, it does not Although this regulation prevents require a Statement of Energy Effects traffic from transiting a portion of the The Unfunded Mandates Reform Act under Executive Order 13211. Patuxent River at Solomons, MD during of 1995 (2 U.S.C. 1531–1538) requires the event, this rule will not have a Federal agencies to assess the effects of Technical Standards significant economic impact on a their discretionary regulatory actions. In The National Technology Transfer substantial number of small entities for particular, the Act addresses actions and Advancement Act (NTTAA) (15 the following reasons. This rule would that may result in the expenditure by a U.S.C. 272 note) directs agencies to use be in effect for only a limited period. State, local, or tribal government, in the voluntary consensus standards in their Though the regulated area extends aggregate, or by the private sector of regulatory activities unless the agency across the entire width of the river, $100,000,000 (adjusted for inflation) or provides Congress, through the Office of vessel traffic will be able to transit more in any one year. Though this rule Management and Budget, with an safely around the spectator fleet and will not result in such an expenditure, explanation of why using these race course areas within the regulated we do discuss the effects of this rule standards would be inconsistent with area in a northerly or southerly elsewhere in this preamble. applicable law or otherwise impractical. direction westward of the spectator area, Voluntary consensus standards are taking action to avoid a close-quarters Taking of Private Property technical standards (e.g., specifications situation with spectators, until finally This rule will not cause a taking of of materials, performance, design, or past and clear of the regulated area. private property or otherwise have operation; test methods; sampling Before the enforcement period, we will taking implications under Executive procedures; and related management issue maritime advisories so mariners Order 12630, Governmental Actions and systems practices) that are developed or can adjust their plans accordingly. Interference with Constitutionally adopted by voluntary consensus Protected Property Rights. standards bodies. Assistance for Small Entities This rule does not use technical Under section 213(a) of the Small Civil Justice Reform standards. Therefore, we did not Business Regulatory Enforcement consider the use of voluntary consensus Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards standards. in the NPRM we offered to assist small in sections 3(a) and 3(b)(2) of Executive entities in understanding the rule so Order 12988, Civil Justice Reform, to Environment that they could better evaluate its effects minimize litigation, eliminate We have analyzed this rule under on them and participate in the ambiguity, and reduce burden. Department of Homeland Security rulemaking process. Protection of Children Management Directive 023–01 and Small businesses may send comments Commandant Instruction M16475.lD, on the actions of Federal employees We have analyzed this rule under which guide the Coast Guard in who enforce, or otherwise determine Executive Order 13045, Protection of complying with the National compliance with, Federal regulations to Children from Environmental Health Environmental Policy Act of 1969 the Small Business and Agriculture Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and Regulatory Enforcement Ombudsman an economically significant rule and have concluded this action is one of a and the Regional Small Business does not create an environmental risk to category of actions that do not Regulatory Fairness Boards. The health or risk to safety that may individually or cumulatively have a Ombudsman evaluates these actions disproportionately affect children. significant effect on the human

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environment. This rule is categorically (3) Participant means all vessels (8) The Coast Guard will publish a excluded, under figure 2–1, paragraph participating in the Chesapeake notice in the Fifth Coast Guard District (34)(h), of the Instruction. This rule Challenge under the auspices of the Local Notice to Mariners and issue involves implementation of regulations Marine Event Permit issued to the event marine information broadcast on VHF– within 33 CFR Part 100 applicable to sponsor and approved by Commander, FM marine band radio announcing organized marine events on the Coast Guard Sector Baltimore. specific event date and times. navigable waters of the United States (4) Spectator means all persons and (d) Enforcement periods: This section that could negatively impact the safety vessels not registered with the event will be enforced from 10 a.m. to 6 p.m. of waterway users and shore side sponsor as participants or official patrol. on October 1, 2010 and from 10 a.m. activities in the event area. The category (c) Special local regulations: (1) The until 6 p.m. on October 3, 2010. of water activities includes but is not Coast Guard Patrol Commander may Dated: August 30, 2010. limited to sail boat regattas, boat forbid and control the movement of all Brian W. Roche, parades, power boat racing, swimming vessels in the regulated area. When Commander, U.S. Coast Guard, Acting events, crew racing, canoe and sail hailed or signaled by an official patrol Captain of the Port Baltimore. board racing. An environmental analysis vessel, a vessel in the regulated area [FR Doc. 2010–23477 Filed 9–20–10; 8:45 am] checklist and a categorical exclusion shall immediately comply with the BILLING CODE 9110–04–P determination are available in the directions given. Failure to do so may docket where indicated under result in expulsion from the area, ADDRESSES. citation for failure to comply, or both. ENVIRONMENTAL PROTECTION (2) The Coast Guard Patrol List of Subjects in 33 CFR Part 100 AGENCY Commander may terminate the event, or Marine safety, Navigation (water), the operation of any vessel participating 40 CFR Part 52 Reporting and recordkeeping in the event, at any time it is deemed requirements, Waterways. necessary for the protection of life or [EPA–R04–OAR–2010–0289–201018(a); ■ For the reasons discussed in the property. FRL–9203–9] preamble, the Coast Guard amends 33 (3) All vessel traffic not involved with Approval and Promulgation of CFR part 100 as follows: the event will be allowed to transit the Implementation Plans; Alabama: regulated area and shall proceed in a Volatile Organic Compounds PART 100—SAFETY OF LIFE ON northerly or southerly direction NAVIGABLE WATERS westward of the spectator area, taking AGENCY: Environmental Protection action to avoid a close-quarters situation Agency (EPA). ■ 1. The authority citation for part 100 with spectators, until finally past and continues to read as follows: ACTION: Direct final rule. clear of the regulated area. Authority: 33 U.S.C. 1233. (4) All Coast Guard vessels enforcing SUMMARY: EPA is taking direct final ■ 2. Add a temporary section, this regulated area can be contacted on action to approve a revision to the § 100.35T05–0383, to read as follows: marine band radio VHF–FM channel 16 Alabama State Implementation Plan (156.8 MHz). (SIP) submitted by the Alabama § 100.35T05–0383 Special Local (5) Only participants and official Department of Environmental Regulations for Marine Events; Patuxent patrol are allowed to enter the race Management (ADEM) on March 3, 2010. River, Solomons, MD. course area. The revision modifies the definition of (a) Regulated area. The following (6) Spectators are allowed inside the ‘‘volatile organic compounds’’ (VOCs) location is a regulated area: All waters regulated area only if they remain found at Alabama Administrative Code of the Patuxent River, within lines within the designated spectator area. (AAC) section 335–3–1–.02(gggg). connecting the following positions: from Spectators will be permitted to anchor Specifically, the revision adds two latitude 38°19′45″ N., longitude within the designated spectator area. No compounds (propylene carbonate and 076°28′06″ W., thence to latitude vessel may anchor within the regulated dimethyl carbonate) to the list of those 38°19′24″ N., longitude 076°28′30″ W., area outside the designated spectator excluded from the VOC definition on thence to latitude 38°18′32″ N., area. Spectators may contact the Coast the basis that these compounds make a longitude 076°28′14″ W.; and from Guard Patrol Commander to request negligible contribution to tropospheric latitude 38°17′38″ N., longitude permission to pass through the ozone formation. ADEM is updating its 076°27′26″ W., thence to latitude regulated area. If permission is granted, SIP to be consistent with the EPA rule 38°18′00″ N., longitude 076°26′41″ W., spectators must pass directly through finalized on January 21, 2009, which thence to latitude 38°18′59″ N., the regulated area outside the race excludes these compounds from the longitude 076°27′20″ W., located at course and spectator areas at a safe regulatory VOC definition. This action Solomons, Maryland. All coordinates speed and without loitering. is being taken pursuant to Section 110 reference Datum NAD 1983. (7) Designated Spectator Fleet Area. of the Clean Air Act (CAA). (b) Definitions: (1) Coast Guard Patrol The spectator fleet area is located within DATES: This rule is effective on Commander means a commissioned, a line connecting the following November 22, 2010 without further warrant, or petty officer of the U.S. positions: latitude 38°19′14″ N., notice, unless EPA receives relevant Coast Guard who has been designated longitude 076°28′16″ W., thence to adverse comment by October 21, 2010. by the Commander, Coast Guard Sector latitude 38°18′00″ N., longitude If EPA receives such comment, EPA will Baltimore. 076°27′26″ W., thence to latitude publish a timely withdrawal in the (2) Official Patrol means any vessel 38°18′02″ N., longitude 076°27′20″ W., Federal Register informing the public assigned or approved by Commander, thence to latitude 38°19′16″ N., that this rule will not take effect. Coast Guard Sector Baltimore with a longitude 076°28′10″ W., thence to the ADDRESSES: Submit your comments, commissioned, warrant, or petty officer point of origin at latitude 38°19′14″ N., identified by Docket ID No. EPA–R04– on board and displaying a Coast Guard longitude 076°28′16″ W. All coordinates OAR–2010–0289, by one of the ensign. reference datum NAD 1983. following methods:

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1. http://www.regulations.gov: Follow Docket Center homepage at http:// 1977. EPA determines whether a given the on-line instructions for submitting www.epa.gov/epahome/dockets.htm. carbon compound has ‘‘negligible’’ comments. Docket: All documents in the reactivity by comparing the compound’s 2. E-mail: [email protected]. electronic docket are listed in the reactivity to the reactivity of ethane. 3. Fax: (404) 562–9019. http://www.regulations.gov index. EPA lists these compounds in its 4. Mail: ‘‘EPA–R04–OAR–2010–0289,’’ Although listed in the index, some regulations at 40 CFR 51.100(s) and Regulatory Development Section, Air information is not publicly available, excludes them from the definition of Planning Branch, Air, Pesticides and i.e., CBI or other information whose VOC. The chemicals on this list are Toxics Management Division, U.S. disclosure is restricted by statute. often called ‘‘negligibly reactive.’’ EPA Environmental Protection Agency, Certain other material, such as may periodically revise the list of Region 4, 61 Forsyth Street, SW., copyrighted material, is not placed on negligibly reactive compounds to add or Atlanta, Georgia 30303–8960. the Internet and will be publicly delete compounds. 5. Hand Delivery or Courier: Lynorae available only in hard copy form. On January 21, 2009, EPA issued a Benjamin, Chief, Regulatory Publicly available docket materials are final rule approving the addition of Development Section, Air Planning available either electronically in http:// propylene carbonate and dimethyl Branch, Air, Pesticides and Toxics www.regulations.gov or in hard copy at carbonate to the list of those compounds Management Division, U.S. the Regulatory Development Section, excluded from the regulatory definition Environmental Protection Agency, Air Planning Branch, Air, Pesticides and of VOC. See 74 FR 3437. ADEM is Region 4, 61 Forsyth Street, SW., Toxics Management Division, U.S. updating its SIP to be consistent with Atlanta, Georgia 30303–8960. Such Environmental Protection Agency, Federal regulations. Region 4, 61 Forsyth Street, SW., deliveries are only accepted during the II. Analysis of the State’s Submittal Atlanta, Georgia 30303–8960. EPA Regional Office’s normal hours of On March 3, 2010, ADEM submitted operation. The Regional Office’s official requests that if at all possible, you FOR a proposed SIP revision to EPA for hours of business are Monday through contact the person listed in the FURTHER INFORMATION CONTACT section to review and approval. The revision Friday, 8:30 a.m. to 4:30 p.m., excluding modifies the definition of VOCs found Federal holidays. schedule your inspection. The Regional Office’s official hours of business are at AAC section 335–3–1–.02(gggg). Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to Specifically, the revision adds two Docket ID No. ‘‘EPA–R04–OAR–2010– 4:30 p.m., excluding Federal holidays. compounds (propylene and dimethyl 0289.’’ EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Zuri carbonate) to the list of those excluded received will be included in the public from the VOC definition on the basis docket without change and may be Farngalo, Regulatory Development Section, Air Planning Branch, Air, that these compounds make a negligible made available online at contribution to tropospheric ozone http://www.regulations.gov, including Pesticides and Toxics Management Division, U.S. Environmental Protection formation. any personal information provided, EPA is approving revisions to the Agency, Region 4, 61 Forsyth Street, unless the comment includes Alabama SIP submitted on March 3, SW., Atlanta, Georgia 30303–8960. Zuri information claimed to be Confidential 2010. This action amends Rule 335–3– Farngalo may be reached by phone at Business Information (CBI) or other 1–.02(gggg) to update the definition of (404) 562–9152 or by electronic mail information whose disclosure is VOC to be consistent with EPA address [email protected]. restricted by statute. Do not submit regulations. These changes are SUPPLEMENTARY INFORMATION: through http://www.regulations.gov or consistent with the CAA, 42 U.S.C. 7401 e-mail, information that you consider to Table of Contents et seq. be CBI or otherwise protected. The http://www.regulations.gov Web site is I. Background III. Final Action ‘‘ ’’ II. Analysis of the State’s Submittal an anonymous access system, which III. Final Action Pursuant to section 110 of the CAA, means EPA will not know your identity IV. Statutory and Executive Order Reviews EPA is approving the revision to the or contact information unless you Alabama SIP revising the VOC provide it in the body of your comment. I. Background definition. EPA has evaluated If you send an e-mail comment directly Tropospheric ozone, commonly Alabama’s March 3, 2010 submittal and to EPA without going through http:// known as smog, occurs when VOCs and has determined that it meets the www.regulations.gov, your e-mail nitrogen oxides (NOX) react in the applicable requirements of the CAA and address will be automatically captured atmosphere. Because of the harmful EPA regulations and is consistent with and included as part of the comment health effects of ozone, EPA limits the EPA policy. EPA is publishing this rule that is placed in the public docket and amount of VOCs and NOX that can be without prior proposal because the made available on the Internet. If you released into the atmosphere. VOCs are Agency views this as a noncontroversial submit an electronic comment, EPA those compounds of carbon (excluding submittal and anticipates no adverse recommends that you include your carbon monoxide, carbon dioxide, comments. However, in the proposed name and other contact information in carbonic acid, metallic carbides or rules section of this Federal Register the body of your comment and with any carbonates, and ammonium carbonate) publication, EPA is publishing a disk or CD–ROM you submit. If EPA that form ozone through atmospheric separate document that will serve as the cannot read your comment due to photochemical reactions. Compounds of proposal to approve the SIP revision technical difficulties and cannot contact carbon (or organic compounds) have should adverse comments be filed. This you for clarification, EPA may not be different levels of reactivity; they do not rule will be effective November 22, 2010 able to consider your comment. react at the same speed, or do not form without further notice unless the Electronic files should avoid the use of ozone to the same extent. Agency receives adverse comments by special characters, any form of It has been EPA’s policy that October 21, 2010. If the EPA receives encryption, and be free of any defects or compounds of carbon with negligible such comments, then EPA will publish viruses. For additional information reactivity need not be regulated to a document withdrawing the final rule about EPA’s public docket visit the EPA reduce ozone. See 42 FR 35314, July 8, and informing the public that the rule

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will not take effect. All public safety risks subject to Executive Order petition for reconsideration by the comments received will then be 13045 (62 FR 19885, April 23, 1997); Administrator of this final rule does not addressed in a subsequent final rule • Is not a significant regulatory action affect the finality of this action for the based on the proposed rule. EPA will subject to Executive Order 13211 (66 FR purposes of judicial review nor does it not institute a second comment period. 28355, May 22, 2001); extend the time within which a petition Parties interested in commenting should • Is not subject to requirements of for judicial review may be filed, and do so at this time. If no such comments Section 12(d) of the National shall not postpone the effectiveness of are received, the public is advised that Technology Transfer and Advancement such rule or action. Parties with this rule will be effective on November Act of 1995 (15 U.S.C. 272 note) because objections to this direct final rule are 22, 2010 and no further action will be application of those requirements would encouraged to file a comment in taken on the proposed rule. be inconsistent with the CAA; and response to the parallel notice of • Does not provide EPA with the IV. Statutory and Executive Order proposed rulemaking for this action discretionary authority to address, as Reviews published in the proposed rules section appropriate, disproportionate human of today’s Federal Register, rather than Under the CAA, the Administrator is health or environmental effects, using file an immediate petition for judicial required to approve a SIP submission practicable and legally permissible review of this direct final rule, so that that complies with the provisions of the methods, under Executive Order 12898 EPA can withdraw this direct final rule Act and applicable Federal regulations. (59 FR 7629, February 16, 1994). and address the comment in the 42 U.S.C. 7410(k); 40 CFR 52.02(a). In addition, this rule does not have proposed rulemaking. This action may Thus, in reviewing SIP submissions, Tribal implications as specified by not be challenged later in proceedings to EPA’s role is to approve State choices, Executive Order 13175 (65 FR 67249, enforce its requirements. See CAA provided that they meet the criteria of November 9, 2000), because the SIP is § 307(b)(2), 42 U.S.C. 7607(b)(2). the CAA. Accordingly, this action not approved to apply in Indian country merely approves State law as meeting located in the State, and EPA notes that List of Subjects in 40 CFR Part 52 Federal requirements and does not it will not impose substantial direct Environmental protection, Air impose additional requirements beyond costs on Tribal governments or preempt those imposed by State law. For that pollution control, Intergovernmental Tribal law. relations, Incorporation by reference, reason, this action: The Congressional Review Act, 5 • Is not a ‘‘significant regulatory Ozone, Nitrogen dioxides, Reporting U.S.C. 801 et seq., as added by the Small action’’ subject to review by the Office and recordkeeping requirements, Business Regulatory Enforcement of Management and Budget under Volatile organic compounds. Fairness Act of 1996, generally provides Executive Order 12866 (58 FR 51735, that before a rule may take effect, the Dated: September 3, 2010. October 4, 1993); A. Stanley Meiburg, • Does not impose an information agency promulgating the rule must collection burden under the provisions submit a rule report, which includes a Acting Regional Administrator, Region 4. copy of the rule, to each House of the of the Paperwork Reduction Act (44 ■ 40 CFR part 52 is amended as follows: U.S.C. 3501 et seq.); Congress and to the Comptroller General of the United States. EPA will submit a • Is certified as not having a PART 52—[AMENDED] significant economic impact on a report containing this action and other substantial number of small entities required information to the U.S. Senate, ■ 1. The authority citation for part 52 under the Regulatory Flexibility Act (5 the U.S. House of Representatives, and continues to read as follows: U.S.C. 601 et seq.); the Comptroller General of the United • Does not contain any unfunded States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq. the Federal Register. A major rule mandate or significantly or uniquely Subpart B—Alabama affect small governments, as described cannot take effect until 60 days after it in the Unfunded Mandates Reform Act is published in the Federal Register. ■ of 1995 (Pub. L. 104–4); This action is not a ‘‘major rule’’ as 2. Section 52.50(c) is amended by • Does not have Federalism defined by 5 U.S.C. 804(2). revising the entry for ‘‘Section 335–3–1– implications as specified in Executive Under section 307(b)(1) of the CAA, .02’’ to read as follows: Order 13132 (64 FR 43255, August 10, petitions for judicial review of this § 52.50 Identification of plan. 1999); action must be filed in the United States • Is not an economically significant Court of Appeals for the appropriate * * * * * regulatory action based on health or circuit by November 22, 2010. Filing a (c) * * *

EPA APPROVED ALABAMA REGULATIONS

State effective State citation Title/Subject date EPA approval date Explanation

Chapter 335–3–1 General Provisions

******* Section 335–3–1–.02 ...... Definitions ...... 03/30/10 09/21/10 [Insert citation of Exclusion of propylene car- publication]. bonate and dimethyl car- bonate from VOC defini- tion.

*******

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* * * * * (3) Mail: Docket Management Facility delivery, but please use only one of [FR Doc. 2010–23534 Filed 9–20–10; 8:45 am] (M–30), U.S. Department of these means. We recommend that you BILLING CODE 6560–50–P Transportation, West Building Ground include your name and a mailing Floor, Room W12–140, 1200 New Jersey address, an e-mail address, or a phone Avenue, SE., Washington, DC 20590– number in the body of your document DEPARTMENT OF TRANSPORTATION 0001. so that we can contact you if we have (4) Hand Delivery: Same as mail questions regarding your submission. As Federal Motor Carrier Safety address above, between 9 a.m. and 5 a reminder, FMCSA will only consider Administration p.m., Monday through Friday, except adverse comments as defined in 49 CFR Federal holidays. The telephone number 389.39(b). 49 CFR Part 393 is 202–366–9329. To submit your comment online, go to To avoid duplication, please use only http://www.regulations.gov, click on the [Docket No. FMCSA–2010–0186] one of these four methods. See the ‘‘submit a comment’’ box, which will ‘‘Public Participation and Request for then become highlighted in blue. In the RIN–2126–AB27 Comments’’ portion of the ‘‘Document Type’’ drop down menu Parts and Accessories Necessary for SUPPLEMENTARY INFORMATION section select ‘‘Proposed Rule’’ and insert Safe Operation: Antilock Brake below for instructions on submitting ‘‘FMCSA–2010–0186’’ in the ‘‘Keyword’’ Systems comments. box. Click ‘‘Search,’’ then click on the FOR FURTHER INFORMATION CONTACT: Mr. balloon shape in the ‘‘Actions’’ column. AGENCY: Federal Motor Carrier Safety Mike Huntley, Chief, Vehicle and If you submit your comments by mail or Administration (FMCSA), DOT. Roadside Operations Division (MC– hand delivery, submit them in an 1 ACTION: Direct final rule; request for PSV), Office of Bus and Truck Standards unbound format, no larger than 8 ⁄2 by comments. and Operations, phone (202) 366–4325, 11 inches, suitable for copying and e-mail [email protected]. electronic filing. If you submit them by SUMMARY: The FMCSA makes mail and would like to know that they SUPPLEMENTARY INFORMATION: permanent the existing requirement in reached the Facility, please enclose a the Federal Motor Carrier Safety I. Public Participation and Request for stamped, self-addressed postcard or Regulations (FMCSRs) that trailers with Comments envelope. We will consider all antilock brake systems (ABS) be A. Submitting comments comments and material received during equipped with an external malfunction B. Viewing comments and documents C. Privacy Act the comment period. indicator lamp. The existing indicator D. Public meeting B. Viewing Comments and Documents lamp requirement was originally II. Abbreviations scheduled to sunset on March 1, 2009, III. Regulatory Information To view comments, as well as but the National Highway Traffic Safety IV. Background documents mentioned in this preamble Administration (NHTSA) published a V. Discussion of the Rule as being available in the docket, go to final rule on August 25, 2009, that made VI. Regulatory Analyses http://www.regulations.gov, click on the permanent the requirement in the A. Regulatory Planning and Review ‘‘read comments’’ box, which will then Federal Motor Vehicle Safety Standards B. Small Entities become highlighted in blue. In the (FMVSSs) that manufacturers equip C. Collection of Information ‘‘Keyword’’ box insert ‘‘FMCSA 2010– D. Federalism 0186’’ and click ‘‘Search.’’ Click the trailers with ABS and an external E. Unfunded Mandates Reform Act antilock malfunction indicator lamp. As F. Taking of Private Property ‘‘Open Docket Folder’’ in the ‘‘Actions’’ the requirement for an exterior ABS G. Civil Justice Reform column. If you do not have access to the malfunction indicator lamp on trailers H. Protection of Children Internet, you may also view the docket of the FMCSRs cross-references the I. Indian Tribal Governments online by visiting the Docket requirements of the FMVSSs, this direct J. Energy Effects Management Facility in Room W12–140 final rule makes the FMCSRs consistent K. Technical Standards on the ground floor of the Department with the August 2009 NHTSA final rule. L. Environment of Transportation West Building, 1200 DATES: This rule is effective November I. Public Participation and Request for New Jersey Avenue, SE., Washington, 22, 2010, unless an adverse comment, or Comments DC 20590, between 9 a.m. and 5 p.m., notice of intent to submit an adverse Monday through Friday, except Federal We encourage you to participate in holidays. comment, is either submitted to our this rulemaking by submitting online docket via http:// comments and related materials. All C. Privacy Act www.regulations.gov on or before comments received will be posted, Anyone can search the electronic October 21, 2010 or reaches the Docket without change, to http:// form of comments received into any of Management Facility by that date. If an www.regulations.gov and will include our dockets by the name of the adverse comment, or notice of intent to any personal information you have individual submitting the comment (or submit an adverse comment, is received provided. signing the comment, if submitted on by October 21, 2010, we will withdraw behalf of an association, business, labor this direct final rule and publish a A. Submitting Comments union, etc.). You may review a Privacy timely notice of withdrawal in the If you submit a comment, please Act notice regarding our public dockets Federal Register. include the docket number for this in the January 17, 2008, issue of the ADDRESSES: You may submit comments rulemaking (FMCSA–2010–0186), Federal Register (73 FR 3316). identified by docket number FMCSA– indicate the specific section of this 2010–0186 using any one of the document to which each comment II. Abbreviations following methods: applies, and provide a reason for each ABS Anti-lock Braking Systems (1) Federal eRulemaking Portal: suggestion or recommendation. You CMV Commercial Motor Vehicle http://www.regulations.gov. may submit your comments and CVSA Commercial Vehicle Safety (2) Fax: 202–493–2251. material online, or by fax, mail or hand Alliance

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DFR Direct Final Rule 60 FR 13216). As amended by that final an in-cab ABS malfunction indicator FMCSA Federal Motor Carrier Safety rule, FMVSS No. 121, Air Brake lamp for the trailer. Administration Systems, required two separate in-cab Before the trailer-mounted ABS FMCSR Federal Motor Carrier Safety ABS malfunction indicator lamps for malfunction indicator lamp requirement Regulation each truck tractor, one for the tractor’s expired, NHTSA received two petitions FMVSS Federal Motor Vehicle Safety ABS (effective March 1, 1997) and the from the Commercial Vehicle Safety Standard other for the trailer’s ABS (effective Alliance (CVSA). CVSA is an FR Federal Register March 1, 2001). The final rule also international not-for-profit organization FHWA Federal Highway required air-braked trailers to be comprised of Federal, State, provincial, Administration equipped with an externally mounted territorial, and local motor carrier safety NHTSA National Highway Traffic ABS malfunction lamp (effective March officials and industry representatives Safety Administration 1, 1998) so that the driver of a non-ABS from the United States, Canada, and NPRM Notice of Proposed Rulemaking equipped tractor or an ABS-equipped Mexico. On October 22, 2007, CVSA III. Regulatory Information tractor manufactured prior to March 1, petitioned NHTSA to make the trailer- We are publishing this direct final 2001, towing an ABS-equipped trailer mounted external antilock malfunction rule under 49 CFR 389.11 and 389.39 would be alerted in the event of a indicator lamp permanent instead of because we believe the rule is a routine, malfunction in the trailer ABS. allowing it to expire. CVSA included in non-controversial amendment to 49 CFR On March 10, 1995, the Federal its petition suggested regulatory text 393. The rule would ensure consistency Highway Administration (FHWA) along with its rationale for why the between 49 CFR Part 393 and NHTSA’s published a notice of intent to initiate extension should be permanent. 49 CFR 571.121. The FMCSA does not a rulemaking concerning requirements The CVSA rationale included four expect adverse comments. If no adverse of ABS on commercial motor vehicles points. The first point was many pre- comments or notices of intent to submit (CMV) operating in interstate commerce 2001 tractors were still expected to be an adverse comment are received by (60 FR 13306). On July 12, 1996, FHWA in use when the malfunction indicator October 21, 2010, this rule will become published a notice of proposed lamp requirement was set to expire (at effective as stated in the DATES section. rulemaking (NPRM) that proposed the time, March 1, 2009). These tractors In that case, approximately 30 days requiring motor carriers to maintain the do not have the in-cab trailer ABS before the effective date, we will ABS on CMVs manufactured on or after malfunction indicator lamp that was publish a document in the Federal the effective date of the NHTSA believed to render the external lamp Register stating that no adverse requirements (61 FR 36691). The FHWA redundant. Second, CVSA argued that comments were received and subsequently published a final rule on for double and triple trailer confirming that this rule will become May 4, 1998, amending the FMCSRs to applications, it would not be possible to effective as scheduled. However, if we require that air-braked truck tractors determine, from an in-cab lamp alone, receive any adverse comments or manufactured on or after March 1, 1997, which trailer ABS is malfunctioning notices of intent to submit an adverse and air-braked single-unit trucks, buses, without external lamps. Third, CVSA comment, we will publish a document trailers, and converter dollies stated that many trailer repair shops rely in the Federal Register announcing the manufactured on or after March 1, 1998, on the external lamp to quickly withdrawal of all or part of this direct be equipped with ABS that meet the diagnose the operational status of the final rule. If an adverse comment requirements of FMVSS No. 121 (63 FR trailer’s ABS without having to couple applies only to part of this rule (e.g., to 24454). In addition, FHWA required a post-2001 tractor to the trailer. With an amendment, a paragraph, or a motor carriers to maintain the ABS on an external indicator lamp, a tractor of section) and it is possible to remove that these vehicles. Specifically with respect any age can be used, making inspection part without defeating the purpose of to the exterior ABS malfunction significantly easier. Fourth, the petition this rule, we may adopt, as final, those warning lamp for trailers, the argued that without the external lamp, parts of this rule on which no adverse amendments to section 393.55(e) of the the signal from the in-cab lamp may be comments were received. We will FMCSRs incorporated by reference— confusing, as it may indicate either a withdraw the part of this rule that was without modification—the requirements malfunctioning in-cab bulb, a the subject of an adverse comment. If we of S5.2.3.3 of FMVSS No. 121. functioning pre-1998 trailer (with no decide to proceed with a rulemaking The requirement for the trailer- ABS), a problem with the following receipt of any adverse mounted ABS malfunction indicator communication circuit between the comments, we will publish a separate lamp was originally scheduled to expire trailer and tractor, or a malfunctioning notice of proposed rulemaking (NPRM) on March 1, 2009. NHTSA established ABS. The external lamp helps to and provide a new opportunity for this sunset date based on the diagnose the situation. comment. assumption that after this eight-year On October 15, 2008, CVSA again A comment is considered ‘‘adverse’’ if period, many of the pre-2001 tractors petitioned NHTSA to amend FMVSS the comment explains why this rule or that did not have the dedicated trailer No. 121, by requesting that the agency a part of this rule would be ABS malfunction indicator lamp would issue a stay of the sunset date of March inappropriate, including a challenge to no longer be in long-haul service. 1, 2009 for the external ABS its underlying premise or approach, or NHTSA based its decision on the belief malfunction indicator lamp. CVSA would be ineffective or unacceptable that the typical tractor life was five to stated that a stay would prevent a time without a change. seven years and therefore decided on an gap in the regulation, while NHTSA eight-year period for the external ABS continued to evaluate CVSA’s 2007 IV. Background malfunction indicator lamp petition. CVSA stated that the vehicle NHTSA published a final rule requirement. NHTSA further stated its inspection process has already been requiring ABS on truck tractors, other belief that there would be no need for complicated by the ABS and ABS air-braked heavy vehicles including a redundant ABS malfunction lamp malfunction indicator lamp trailers, and hydraulic-braked trucks in mounted on the trailer after the vast requirements, and a time gap would the Federal Register (on March 10, 1995 majority of tractors were equipped with further complicate the inspection

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process and cause additional confusion transmissions of the vehicle fault Comments submitted in response to this for drivers and maintenance personnel. messages will be the means of finding will be evaluated under the On March 3, 2009, NHTSA inspection, making external malfunction criteria in the ‘‘Regulatory Information’’ concurrently published an interim final lamps obsolete. NHTSA noted that it section of this preamble. rule extending the sunset date for the would take appropriate action if future C. Collection of Information requirement by six months, to designs and new inspection and September 1, 2009 (74 FR 9173), and an maintenance practices eliminated the This rule calls for no new collection NPRM to extend the requirement to need for external malfunction lamps. of information under the Paperwork March 1, 2011 (74 FR 9202). In the NHTSA found good cause to make its Reduction Act of 1995 (44 U.S.C. 3501– NPRM, NHTSA explained that it August 25, 2009 rule effective on 3520). expected to be able to fully analyze and August 31, one day before the 6-month D. Federalism address the issues raised by the CVSA extension of the requirement for an petitions prior to March 1, 2011. external malfunction indicator lamp A rule has implications for federalism NHTSA also indicated that if it was able expired. This effective date forestalled a under Executive Order 13132, to fully resolve the outstanding issues it time gap in the regulatory standard but Federalism, if the rule has a substantial could make the requirement permanent did not result in any new burdens, since direct effect on State or local in a final rule based on the NPRM. trailer manufacturers were already governments and would either preempt NHTSA determined in a final rule required to install the indicator lamp. State law or impose a substantial direct published on August 25, 2009 (74 FR cost of compliance on them. We have 42781) that the external lamp provides V. Discussion of the Rule analyzed this rule under that Order and information that assists maintenance The FMCSA is using a direct final have determined that it does not have personnel and roadside inspectors, rule to promulgate this requirement federalism implications. conveys important diagnostic data and because no adverse comments are E. Unfunded Mandates Reform Act supplies functional details critical for expected. NHTSA found good cause to multiple trailer operations. NHTSA make the requirement for a malfunction The Unfunded Mandates Reform Act eliminated the sunset date and made the indicator lamp permanent and FMCSA of 1995 (2 U.S.C. 1531–1538) requires requirement for the external lamp finds good cause to incorporate the Federal agencies to assess the effects of permanent. same standard, as it is not expected to their discretionary regulatory actions. In NHTSA concluded that trailer be controversial. This rule simply particular, the Act addresses actions maintenance operations would be more requires trailer operators to maintain in that may result in the expenditure by a difficult if technicians had to couple a good order the malfunction indicator State, local, or tribal government, in the trailer to a post-2001 tractor or use lamp NHTSA requires manufacturers to aggregate, or by the private sector of additional specialized equipment in install. $100,000,000 or more in any one year. order to diagnose the state of a trailer’s Though this rule will not result in such ABS, when a standardized trailer- VI. Regulatory Analysis an expenditure, we do discuss the mounted lamp already provides the We developed this rule after effects of this rule elsewhere in this same information. This inconvenience considering numerous statutes and preamble. could diminish the effectiveness of executive orders related to rulemaking. F. Taking of Private Property some maintenance operations. Below we summarize our analyses Furthermore, the external lamp provides based on 13 of these statutes or This rule will not effect a taking of both drivers and roadside inspectors executive orders. private property or otherwise have information about multiple trailer taking implications under Executive combinations that is otherwise A. Regulatory Planning and Review Order 12630, Governmental Actions and unavailable. Without it, the in-cab This rule is not a significant Interference with Constitutionally information can only indicate the regulatory action under section 3(f) of Protected Property Rights. existence of a malfunctioning trailer Executive Order 12866, Regulatory ABS. The external lamp, however, can Planning and Review, and does not G. Civil Justice Reform pinpoint which trailer’s ABS is require an assessment of potential costs This rule meets applicable standards malfunctioning, allowing drivers or and benefits under section 6(a)(3) of that in sections 3(a) and 3(b)(2) of Executive inspectors to take the appropriate Order. The Office of Management and Order 12988, Civil Justice Reform, to remedial action. Budget has not reviewed the rule. minimize litigation, eliminate NHTSA noted that since it was ambiguity, and reduce burden. making the requirement permanent B. Small Entities because of the benefits the external Under the Regulatory Flexibility Act H. Protection of Children lamp provides even when coupled with (5 U.S.C. 601–612), we have considered We have analyzed this rule under an in-cab trailer ABS indicator present whether this rule would have a Executive Order 13045, Protection of on all tractors built after March 1, 2001, significant economic impact on a Children from Environmental Health it was unnecessary to address the substantial number of small entities. Risks and Safety Risks. This rule is not numbers of pre-2001 tractors that are The term ‘‘small entities’’ comprises an economically significant rule and still in use. small businesses, not-for-profit does not create an environmental risk to NHTSA noted that in making the organizations that are independently health or risk to safety that may existing requirement permanent, it was owned and operated and are not disproportionately affect children. not implying that this issue could not be dominant in their fields, and I. Indian Tribal Governments readdressed in future rulemaking, if governmental jurisdictions with new developments made the populations of less than 50,000. This rule does not have tribal requirement unnecessary. In its The FMCSA certifies under 5 U.S.C. implications under Executive Order comments to the March 2009 NPRM, the 605(b) that this rule will not have a 13175, Consultation and Coordination American Trucking Associations stated significant economic impact on a with Indian Tribal Governments, that in the future, wireless substantial number of small entities. because it does not have a substantial

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direct effect on one or more Indian List of Subjects in 49 CFR Part 393 to publish this list annually in the tribes, on the relationship between the Highway safety, Motor Carriers, Motor Federal Register. Federal Government and Indian tribes, vehicle safety. DATES: The revised list of import eligible or on the distribution of power and ■ For the reasons set forth in the vehicles is effective on September 21, responsibilities between the Federal 2010. Government and Indian tribes. preamble, FMCSA amends 49 CFR part 393 as follows: FOR FURTHER INFORMATION CONTACT: J. Energy Effects Coleman Sachs, Office of Vehicle Safety PART 393—[AMENDED] Compliance, NHTSA, (202) 366–3151. We have analyzed this rule under Executive Order 13211, Actions ■ 1. The authority citation for part 393 SUPPLEMENTARY INFORMATION: Under 49 Concerning Regulations That continues to read as follows: U.S.C. 30141(a)(1)(A), a motor vehicle Significantly Affect Energy Supply, Authority: 49 U.S.C. 322, 31136, 31151 that was not originally manufactured to Distribution, or Use. We have and 31502; sec. 1041(b), Pub. L. 102–240, 105 conform to all applicable FMVSS shall determined that it is not a ‘‘significant Stat. 1914, 1993 (1991); and 49 CFR 1.73. be refused admission into the United States unless NHTSA has decided that energy action’’ under that order because ■ 2. Amend § 393.55 by revising the motor vehicle is substantially it is not a ‘‘significant regulatory action’’ paragraph (e) to read as follows: under Executive Order 12866 and is not similar to a motor vehicle originally likely to have a significant adverse effect § 393.55 Antilock brake systems. manufactured for importation into and sale in the United States, certified under on the supply, distribution, or use of * * * * * 49 U.S.C. 30115, and of the same model energy. The Administrator of the Office (e) Exterior ABS malfunction year as the model of the motor vehicle of Information and Regulatory Affairs indicator lamps for trailers. Each trailer to be compared, and is capable of being has not designated it as a significant (including a trailer converter dolly) readily altered to conform to all energy action. Therefore, it does not manufactured on or after March 1, 1998, applicable FMVSS. Where there is no require a Statement of Energy Effects and subject to the requirements of substantially similar U.S.-certified under Executive Order 13211. paragraph (c)(2) of this section, shall be motor vehicle, 49 U.S.C. 30141(a)(1)(B) equipped with an ABS malfunction K. Technical Standards permits a nonconforming motor vehicle indicator lamp which meets the to be admitted into the United States if The National Technology Transfer requirements of FMVSS No. 121 (49 its safety features comply with, or are and Advancement Act (NTTAA) (15 CFR 571.121, S5.2.3.3). capable of being altered to comply with, U.S.C. 272 note) directs agencies to use Anne S. Ferro, all applicable FMVSS based on voluntary consensus standards in their Administrator. destructive test data or such other regulatory activities unless the agency evidence as the Secretary of provides Congress, through the Office of [FR Doc. 2010–23479 Filed 9–20–10; 8:45 am] Transportation decides to be adequate. Management and Budget, with an BILLING CODE 4910–EX–P Under 49 U.S.C. 30141(a)(1), import explanation of why using these eligibility decisions may be made ‘‘on standards would be inconsistent with DEPARTMENT OF TRANSPORTATION the initiative of the Secretary of applicable law or otherwise impractical. Transportation or on petition of a Voluntary consensus standards are National Highway Traffic Safety manufacturer or importer registered technical standards (e.g., specifications Administration under [49 U.S.C. 30141(c)].’’ The of materials, performance, design, or Secretary’s authority to make these operation; test methods; sampling 49 CFR Part 593 decisions has been delegated to NHTSA. procedures; and related management The agency publishes notices of systems practices) that are developed or [Docket No. NHTSA–2010–0125] eligibility decisions as they are made. adopted by voluntary consensus standards bodies. List of Nonconforming Vehicles Under 49 U.S.C. 30141(b)(2), a list of Decided To Be Eligible for Importation all vehicles for which import eligibility This rule does not use technical decisions have been made must be standards. Therefore, we did not AGENCY: National Highway Traffic published annually in the Federal consider the use of voluntary consensus Safety Administration (NHTSA), DOT. Register. On October 1, 1996, NHTSA standards. ACTION: Final rule. added the list as an appendix to 49 CFR L. Environment part 593, the regulations that establish SUMMARY: This document revises the list procedures for import eligibility We have analyzed this rule under the of vehicles not originally manufactured decisions (61 FR 51242). As described National Environmental Policy Act of to conform to the Federal Motor Vehicle in the notice, NHTSA took that action 1969 (NEPA) (42 U.S.C. 4321–4370f) Safety Standards (FMVSS) that NHTSA to ensure that the list is more widely and FMCSA’s NEPA Implementing has decided to be eligible for disseminated to government personnel Procedures and Policy for Considering importation. This list is published in an who oversee vehicle imports and to Environmental Impacts (FMCSA Order appendix to the agency’s regulations interested members of the public. See 61 5610.1) paragraph 6.bb of Appendix 2, that prescribe procedures for import FR 51242–43. In the notice, NHTSA and have concluded that this action is eligibility decisions. The list has been expressed its intention to annually one of a category of actions which do revised to add all vehicles that NHTSA revise the list as published in the not individually or cumulatively have a has decided to be eligible for appendix to include any additional significant effect on the human importation since October 1, 2009, and vehicles decided by the agency to be environment. A Categorical Exclusion to remove all previously listed vehicles eligible for importation since the list Determination is available for that are now more than 25 years old and was last published. See 61 FR 51243. inspection or copying in the need no longer comply with all The agency stated that issuance of the regulations.gov Web site listed under applicable FMVSS to be lawfully document announcing these revisions ADDRESSES. imported. NHTSA is required by statute will fulfill the annual publication

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requirements of 49 U.S.C. 30141(b)(2). upon a substantial number of small an economic assessment pursuant to the Ibid. entities within the context of the Unfunded Mandates Reform Act. Regulatory Flexibility Act. The Regulatory Analyses and Notices F. Paperwork Reduction Act following is our statement providing the A. Executive Order 12866, Regulatory factual basis for the certification Under the Paperwork Reduction Act Planning and Review (5 U.S.C. 605(b)). This rule will not have of 1995 (44 U.S.C. 3501 et seq.), a any significant economic impact on a Executive Order 12866, ‘‘Regulatory person is not required to respond to a substantial number of small businesses Planning and Review’’ (58 FR 51735, collection of information by a Federal because the rule merely furnishes October 4, 1993), provides for making agency unless the collection displays a information by revising the list in the determinations about whether a valid OMB control number. This rule Code of Federal Regulations of vehicles regulatory action is ‘‘significant’’ and does not impose any new collection of for which import eligibility decisions therefore subject to Office of information requirements for which a have previously been made. Management and Budget (OMB) review 5 CFR part 1320 clearance must be Accordingly, we have not prepared a and to the requirements of the Executive obtained. DOT previously submitted to Final Regulatory Flexibility Analysis. Order. The Executive Order defines a OMB and OMB approved the collection ‘‘significant regulatory action’’ as one D. Executive Order 13132, Federalism of information associated with the that is likely to result in a rule that may: vehicle importation program in OMB Executive Order 13132 requires Clearance No. 2127–0002. (1) Have an annual effect on the NHTSA to develop an accountable economy of $100 million or more or process to ensure ‘‘meaningful and G. Civil Justice Reform adversely affects in a material way the timely input by State and local officials Pursuant to Executive Order 12988, economy, a sector of the economy, in the development of regulatory productivity, competition, jobs, the ‘‘Civil Justice Reform,’’ we have policies that have federalism considered whether this rule has any environment, public health or safety, or implications.’’ Executive Order 13132 State, local, or Tribal governments or retroactive effect. We conclude that it defines the term ‘‘Policies that have will not have such an effect. communities; federalism implications’’ to include (2) Create a serious inconsistency or regulations that have ‘‘substantial direct H. Plain Language otherwise interfere with an action taken effects on the States, on the relationship or planned by another agency; Executive Order 12866 requires each between the national government and agency to write all rules in plain (3) Materially alter the budgetary the States, or on the distribution of language. Application of the principles impact of entitlements, grants, user fees, power and responsibilities among the of plain language includes consideration or loan programs or the rights and various levels of government.’’ Under of the following questions: obligations of recipients thereof; or Executive Order 13132, NHTSA may not (4) Raise novel legal or policy issues issue a regulation that has federalism —Have we organized the material to suit arising out of legal mandates, the implications, that imposes substantial the public’s needs? President’s priorities, or the principles direct compliance costs, and that is not —Are the requirements in the rule set forth in the Executive Order. This required by statute, unless the Federal clearly stated? rule will not have any of these effects government provides the funds —Does the rule contain technical and was not reviewed under Executive necessary to pay the direct compliance language or jargon that is not clear? Order 12866. It is not significant within costs incurred by State and local —Would a different format (grouping the meaning of the DOT Regulatory governments, or NHTSA consults with and order of sections, use of headings, Policies and Procedures. The effect of State and local officials early in the paragraphing) make the rule easier to this rule is not to impose new process of developing the regulation. understand? requirements. Instead it provides a This rule will have no direct effect on —Would more (but shorter) sections be summary compilation of decisions on the States, on the relationship between better? import eligibility that have already been the national government and the States, —Could we improve clarity by adding made and does not involve new or on the distribution of power and tables, lists, or diagrams? decisions. This rule will not impose any responsibilities among the various —What else could we do to make the additional burden on any person. levels of government as specified in rule easier to understand? Accordingly, the agency believes that Executive Order 13132. Thus, the the preparation of a regulatory requirements of section 6 of the If you wish to do so, please comment evaluation is not warranted for this rule. Executive Order do not apply to this on the extent to which this final rule rule. effectively uses plain language B. Environmental Impacts principles. E. The Unfunded Mandates Reform Act We have not conducted an evaluation I. National Technology Transfer and The Unfunded Mandates Reform Act of the impacts of this rule under the Advancement Act National Environmental Policy Act. of 1995 (Pub. L. 104–4) requires This rule does not impose any change agencies to prepare a written assessment Under the National Technology and that would result in any impacts to the of the costs, benefits and other effects of Transfer and Advancement Act of 1995 quality of the human environment. proposed or final rules that include a (Pub. L. 104–113), ‘‘all Federal agencies Accordingly, no environmental Federal mandate likely to result in the and departments shall use technical assessment is required. expenditure by State, local or tribal standards that are developed or adopted governments, in the aggregate, or by the by voluntary consensus standards C. Regulatory Flexibility Act private sector, of more than $100 bodies, using such technical standards Pursuant to the Regulatory Flexibility million annually. This rule will not as a means to carry out policy objectives Act, we have considered the impacts of result in additional expenditures by or activities determined by the agencies this rule on small entities (5 U.S.C. 601 State, local or tribal governments or by and departments.’’ This rule does not et seq.). I certify that this rule will not any members of the private sector. require the use of any technical have a significant economic impact Therefore, the agency has not prepared standards.

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J. Privacy Act In addition, so that the list of vehicles entry to indicate that the vehicle is eligible for which import eligibility decisions for importation. Anyone is able to search the have been made may be included in the (1) ‘‘VSA’’ eligibility numbers are assigned electronic form of all comments next edition of 49 CFR parts 572 to 599, to all vehicles that are decided to be eligible received into any of our dockets by the which is due for revision on October 1, for importation on the initiative of the name of the individual submitting the Administrator under § 593.8. 2010, good cause exists to dispense with (2) ‘‘VSP’’ eligibility numbers are assigned comment (or signing the comment, if the requirement in 5 U.S.C. 553(d) for submitted on behalf of an association, to vehicles that are decided to be eligible the effective date of the rule to be under § 593.7(f), based on a petition from a business, labor union, etc.). You may delayed for at least 30 days following its manufacturer or registered importer review DOT’s complete Privacy Act publication. submitted under § 593.5(a)(1), which Statement in the Federal Register establishes that a substantially similar U.S.- List of Subjects in 49 CFR Part 593 published on April 11, 2000 (Volume certified vehicle exists. 65, Number 70; Pages 19477–78). Imports, Motor vehicle safety, Motor (3) ‘‘VCP’’ eligibility numbers are assigned vehicles. to vehicles that are decided to be eligible K. Executive Order 13045, Economically ■ In consideration of the foregoing, part under § 593.7(f), based on a petition from a Significant Rules Disproportionately manufacturer or registered importer Affecting Children 593 of title 49 of the Code of Federal Regulations, Determinations that a submitted under § 593.5(a)(2), which establishes that the vehicle has safety This rule is not subject to Executive vehicle not originally manufactured to features that comply with, or are capable of Order 13045 because it is not conform to the Federal motor vehicle being altered to comply with, all applicable ‘‘economically significant’’ as defined safety standards is eligible for FMVSS. under Executive Order 12866, and does importation, is amended as follows: (b) Vehicles for which eligibility decisions not concern an environmental, health, have been made are listed alphabetically, or safety risk that NHTSA has reason to PART 593—[AMENDED] first by make and then by model. believe may have a disproportionate ■ 1. The authority citation for part 593 (c) All hyphens used in the Model Year effect on children. column mean ‘‘through’’ (for example, ‘‘1988– continues to read as follows: 1990’’ means ‘‘1988 through 1990’’). L. Notice and Comment Authority: 49 U.S.C. 322 and 30141(b); (d) The initials ‘‘MC’’ used in the Make delegation of authority at 49 CFR 1.50. column mean ‘‘Motorcycle.’’ NHTSA finds that prior notice and ‘‘ ’’ ■ (e) The initials SWB used in the Model opportunity for comment are 2. Appendix A to part 593 is revised Type column mean ‘‘Short Wheel Base.’’ unnecessary under 5 U.S.C. 553(b)(3)(B) to read as follows: (f) The initials ‘‘LWB’’ used in the Model because this action does not impose any Appendix A to Part 593—List of Type column mean ‘‘Long Wheel Base.’’ regulatory requirements. This rule Vehicles Determined To Be Eligible for (g) For vehicles with a European country merely revises the list of vehicles not of origin, the term ‘‘Model Year’’ ordinarily Importation means calendar year in which the vehicle originally manufactured to conform to (a) Each vehicle on the following list is was produced. the FMVSS that NHTSA has decided to preceded by a vehicle eligibility number. The (h) All vehicles are left-hand-drive (LHD) be eligible for importation into the importer of a vehicle admissible under any vehicles unless noted as RHD. The initials United States since the last list was eligibility decision must enter that number ‘‘RHD’’ used in the Model Type column mean published in September, 2009. on the HS–7 Declaration Form accompanying ‘‘Right-Hand-Drive.’’

VEHICLES CERTIFIED BY THEIR ORIGINAL MANUFACTURER AS COMPLYING WITH ALL APPLICABLE CANADIAN MOTOR VEHICLE SAFETY STANDARDS

VSA–80 ... (a) All passenger cars less than 25 years old that were manufactured before September 1, 1989; (b) All passenger cars manufactured on or after September 1, 1989, and before September 1, 1996, that, as originally manufac- tured, are equipped with an automatic restraint system that complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 208; (c) All passenger cars manufactured on or after September 1, 1996, and before September 1, 2002, that, as originally manufac- tured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS No. 214; (d) All passenger cars manufactured on or after September 1, 2002, and before September 1, 2007, that, as originally manufac- tured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS Nos. 201, 214, 225, and 401; (e) All passenger cars manufactured on or after September 1, 2007, and before September 1, 2008, that, as originally manufac- tured, comply with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401; (f) All passenger cars manufactured on or after September 1, 2008 and before September 1, 2011 that, as originally manufactured, comply with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; (g) All passenger cars manufactured on or after September 1, 2011 and before September 1, 2012 that, as originally manufactured, comply with FMVSS Nos. 110, 118, 126, 138, 201, 202a, 206, 208, 213, 214, 225, and 401. VSA–81 ... (a) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less that are less than 25 years old and that were manufactured before September 1, 1991; (b) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less that were manufactured on and after September 1, 1991, and before September 1, 1993 and that, as originally manufactured, comply with FMVSS Nos. 202 and 208; VSA–81 ... (c) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less that were manufactured on or after September 1, 1993, and before September 1, 1998, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, and 216; (d) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less that were manufactured on or after September 1, 1998, and before September 1, 2002, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, 214, and 216;

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VEHICLES CERTIFIED BY THEIR ORIGINAL MANUFACTURER AS COMPLYING WITH ALL APPLICABLE CANADIAN MOTOR VEHICLE SAFETY STANDARDS—Continued (e) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less that were manufactured on or after September 1, 2002, and before September 1, 2007, and that, as originally manufactured, comply with FMVSS Nos. 201, 202, 208, 214, and 216, and, insofar as it is applicable, with FMVSS No. 225; (f) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 1, 2007 and before September 1, 2008, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (g) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 1, 2008 and before September 1, 2011, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (h) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 1, 2011 and before September 1, 2012, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225. VSA–82 ... All multipurpose passenger vehicles, trucks, and buses with a GVWR greater than 4,536 kg (10,000 lb) that are less than 25 years old. VSA–83 ... All trailers and motorcycles less than 25 years old.

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET

Make Model type(s) Body Model year(s) VSP VSA VCP

Acura ...... Legend ...... 1988 51 ...... Acura ...... Legend ...... 1988 51 ...... Acura ...... Legend ...... 1989 77 ...... Acura ...... Legend ...... 1990–1992 305 ...... AL–Spaw ...... EMA Mobile Stage Trailer ...... 2009 ...... 42 Alfa Romeo ...... 164 ...... 1989 196 ...... Alfa Romeo ...... 164 ...... 1991 76 ...... Alfa Romeo ...... 164 ...... 1994 156 ...... Alfa Romeo ...... Spider ...... 1987 70 ...... Alfa Romeo ...... Spyder ...... 1992 503 ...... Alpina ...... B12 5.0 ...... Sedan ...... 1988–1994 ...... 41 Aston Martin ...... Vanquish ...... 2002–2004 430 ...... Audi ...... 80 ...... 1988–1989 223 ...... Audi ...... 100 ...... 1989 93 ...... Audi ...... 100 ...... 1993 244 ...... Audi ...... 100 ...... 1990–1992 317 ...... Audi ...... A4 ...... 1996–2000 352 ...... Audi ...... A4, RS4, S4 ...... 8D ...... 2000–2001 400 ...... Audi ...... A6 ...... 1998–1999 332 ...... Audi ...... A8 ...... 2000 424 ...... Audi ...... A8 ...... 1997–2000 337 ...... Audi ...... A8 Avant Quattro ...... 1996 238 ...... Audi ...... RS6 & RS6 Avant ...... 2003 443 ...... Audi ...... S6 ...... 1996 428 ...... Audi ...... S8 ...... 2000 424 ...... Audi ...... TT ...... 2000–2001 364 ...... Bentley ...... Arnage (manufactured 1/1/01–12/31/01) ...... 2001 473 ...... Bentley ...... Azure (LHD & RHD) ...... 1998 485 ...... Bimota (MC) ...... DB4 ...... 2000 397 ...... Bimota (MC) ...... SB8 ...... 1999–2000 397 ...... Bimota (MC) ...... SB6 ...... 1994–1999 523 ...... BMW ...... 316 ...... 1986 25 ...... BMW ...... 3 Series ...... 1998 462 ...... BMW ...... 3 Series ...... 1999 379 ...... BMW ...... 3 Series ...... 2000 356 ...... BMW ...... 3 Series ...... 2001 379 ...... BMW ...... 3 Series ...... 1995–1997 248 ...... BMW ...... 3 Series ...... 2003–2004 487 ...... BMW ...... 318i, 318iA ...... 1986 ...... 23 ...... BMW ...... 318i, 318iA ...... 1987–1989 ...... 23 ...... BMW ...... 320i ...... 1990–1991 283 ...... BMW ...... 325, 325i, 325iA, 325E ...... 1986 ...... 30 ...... BMW ...... 325e, 325eA ...... 1986–1987 ...... 24 ...... BMW ...... 325i ...... 1991 96 ...... BMW ...... 325i ...... 1992–1996 197 ...... BMW ...... 325i, 325iA ...... 1987–1989 ...... 30 ...... BMW ...... 325iS, 325iSA ...... 1987–1989 ...... 31 ...... BMW ...... 325iX ...... 1990 205 ...... BMW ...... 325iX, 325iXA ...... 1988–1989 ...... 33 ...... BMW ...... 5 Series ...... 2000 345 ...... BMW ...... 5 Series ...... 1990–1995 194 ...... BMW ...... 5 Series ...... 1995–1997 249 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

BMW ...... 5 Series ...... 1998–1999 314 ...... BMW ...... 5 Series ...... 2000–2002 414 ...... BMW ...... 5 Series ...... 2003–2004 450 ...... BMW ...... 518i ...... 1986 4 ...... BMW ...... 520iA ...... 1989 9 ...... BMW ...... 524tdA ...... 1986 ...... 26 ...... BMW ...... 525i ...... 1989 5 ...... BMW ...... 528e, 528eA ...... 1986–1988 ...... 21 ...... BMW ...... 535i, 535iA ...... 1986–1989 ...... 25 ...... BMW ...... 635CSi, 635CSiA ...... 1986–1989 ...... 27 ...... BMW ...... 7 Series ...... 1992 232 ...... BMW ...... 7 Series ...... 1990–1991 299 ...... BMW ...... 7 Series ...... 1993–1994 299 ...... BMW ...... 7 Series ...... 1995–1999 313 ...... BMW ...... 7 Series ...... 1999–2001 366 ...... BMW ...... 728i ...... 1986 14 ...... BMW ...... 730iA ...... 1988 6 ...... BMW ...... 735i, 735iA ...... 1986–1989 ...... 28 ...... BMW ...... 745i ...... 1986 ...... 73 ...... BMW ...... 8 Series ...... 1991–1995 361 ...... BMW ...... 850 Series ...... 1997 396 ...... BMW ...... 850i ...... 1990 10 ...... BMW ...... All other passenger car models except those in ...... 1986–1989 ...... 78 ...... the M1 and Z1 series.. BMW ...... L7 ...... 1986–1987 ...... 29 ...... BMW ...... M3 ...... 1988–1989 ...... 35 ...... BMW ...... M3 (manufactured prior to 9/1/06) ...... 2006 520 ...... BMW ...... M5 ...... 1988 ...... 34 ...... BMW ...... M6 ...... 1987–1988 ...... 32 ...... BMW ...... X5 (manufactured 1/1/03–12/31/04) ...... 2003–2004 459 ...... BMW ...... Z3 ...... 1996–1998 260 ...... BMW ...... Z3 (European market) ...... 1999 483 ...... BMW ...... Z8 ...... 2002 406 ...... BMW ...... Z8 ...... 2000–2001 350 ...... BMW (MC) ...... C1 ...... 2000–2003 ...... 40 BMW (MC) ...... K1 ...... 1990–1993 228 ...... BMW (MC) ...... K100 ...... 1986–1992 285 ...... BMW (MC) ...... K1100, K1200 ...... 1993–1998 303 ...... BMW (MC) ...... K75 ...... 1996 ...... 36 BMW (MC) ...... K75S ...... 1987–1995 229 ...... BMW (MC) ...... R1100 ...... 1994–1997 231 ...... BMW (MC) ...... R1100 ...... 1998–2001 368 ...... BMW (MC) ...... R1100RS ...... 1994 177 ...... BMW (MC) ...... R1150GS ...... 2000 453 ...... BMW (MC) ...... R1200C ...... 1998–2001 359 ...... BMW (MC) ...... R80, R100 ...... 1986–1995 295 ...... Buell (MC) ...... All Models ...... 1995–2002 399 ...... Cadillac ...... DeVille ...... 1994–1999 300 ...... Cadillac ...... DeVille (manufactured 8/1/99–12/31/00) ...... 2000 448 ...... Cadillac ...... Seville ...... 1991 375 ...... Cagiva (MC) ...... Gran Canyon 900 ...... 1999 444 ...... Carrocerias ...... Cimarron trailer ...... 2006–2007 ...... 37 Chevrolet ...... 400SS ...... 1995 150 ...... Chevrolet ...... Astro Van ...... 1997 298 ...... Chevrolet ...... Blazer ...... 1986 405 ...... Chevrolet ...... Blazer (plant code of ‘‘K’’ or ‘‘2’’ in the 11th posi- ...... 1997 349 ...... tion of the VIN). Chevrolet ...... Blazer (plant code of ‘‘K’’ or ‘‘2’’ in the 11th posi- ...... 2001 461 ...... tion of the VIN). Chevrolet ...... Camaro ...... 1999 435 ...... Chevrolet ...... Cavalier ...... 1997 369 ...... Chevrolet ...... Corvette ...... 1992 365 ...... Chevrolet ...... Corvette ...... Coupe ...... 1999 419 ...... Chevrolet ...... Suburban ...... 1989–1991 242 ...... Chevrolet ...... Tahoe ...... 2000 504 ...... Chevrolet ...... Tahoe ...... 2001 501 ...... Chevrolet ...... Trailblazer (manufactured prior to 9/1/07) origi- ...... 2007 514 ...... nally sold in the Kuwaiti market. Chrysler ...... Daytona ...... 1992 344 ...... Chrysler ...... Grand Voyager ...... 1998 373 ...... Chrysler ...... LHS (Mexican market) ...... 1996 276 ...... Chrysler ...... Shadow (Middle Eastern market) ...... 1989 216 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Chrysler ...... Town and Country ...... 1993 273 ...... Citroen ...... XM ...... 1990–1992 ...... 1 Dodge ...... Ram ...... 1994–1995 135 ...... Ducati (MC) ...... 748 ...... 1999–2003 421 ...... Ducati (MC) ...... 851 ...... 1988 498 ...... Ducati (MC) ...... 888 ...... 1993 500 ...... Ducati (MC) ...... 900 ...... 2001 452 ...... Ducati (MC) ...... 916 ...... 1999–2003 421 ...... Ducati (MC) ...... 600SS ...... 1992–1996 241 ...... Ducati (MC) ...... 748 Biposto ...... 1996–1997 220 ...... Ducati (MC) ...... 900SS ...... 1991–1996 201 ...... Ducati (MC) ...... 996 Biposto ...... 1999–2001 475 ...... Ducati (MC) ...... 996R ...... 2001–2002 398 ...... Ducati (MC) ...... MH900E ...... 2001–2002 524 ...... Ducati (MC) ...... Monster 600 ...... 2001 407 ...... Ducati (MC) ...... ST4S ...... 1999–2005 474 ...... Eagle ...... Vision ...... 1994 323 ...... Ferrari ...... 360 ...... 2001 376 ...... Ferrari ...... 456 ...... 1995 256 ...... Ferrari ...... 550 ...... 2001 377 ...... Ferrari ...... 575 ...... 2002–2003 415 ...... Ferrari ...... 575 ...... 2004–2005 507 ...... Ferrari ...... 208, 208 Turbo ...... all models ...... 1986–1988 ...... 76 ...... Ferrari ...... 328 ...... all models ...... 1988–1989 ...... 37 ...... Ferrari ...... 328 GTS ...... 1986–1987 ...... 37 ...... Ferrari ...... 348 TB ...... 1992 86 ...... Ferrari ...... 348 TS ...... 1992 161 ...... Ferrari ...... 360 (manufactured after 9/31/02) ...... 2002 433 ...... Ferrari ...... 360 (manufactured before 9/1/02) ...... 2002 402 ...... Ferrari ...... 360 Modena ...... 1999–2000 327 ...... Ferrari ...... 360 Series ...... 2004 446 ...... Ferrari ...... 360 ...... Spider & Coupe ...... 2003 410 ...... Ferrari ...... 456 GT & GTA ...... 1999 445 ...... Ferrari ...... 456 GT & GTA ...... 1997–1998 408 ...... Ferrari ...... 512 TR ...... 1993 173 ...... Ferrari ...... 550 Marinello ...... 1997–1999 292 ...... Ferrari ...... 599 (manufactured prior to 9/1/06) ...... 2006 518 ...... Ferrari ...... Enzo ...... 2003–2004 436 ...... Ferrari ...... F355 ...... 1995 259 ...... Ferrari ...... F355 ...... 1999 391 ...... Ferrari ...... F355 ...... 1996–1998 355 ...... Ferrari ...... F430 (manufactured prior to 9/1/06) ...... 2005–2006 479 ...... Ferrari ...... F50 ...... 1995 226 ...... Ferrari ...... Mondial (all models) ...... 1986–1989 ...... 74 ...... Ferrari ...... Testarossa ...... 1989 ...... 39 ...... Ferrari ...... Testarossa ...... 1987–1988 ...... 39 ...... Ford ...... Bronco (manufactured in Venezuela) ...... 1995–1996 265 ...... Ford ...... Escort (Nicaraguan market) ...... 1996 322 ...... Ford ...... Escort RS Cosworth ...... 1994–1995 ...... 9 Ford ...... Explorer (manufactured in Venezuela) ...... 1991–1998 268 ...... Ford ...... F150 ...... 2000 425 ...... Ford ...... Mustang ...... 1993 367 ...... Ford ...... Mustang ...... 1997 471 ...... Ford ...... Windstar ...... 1995–1998 250 ...... Freightliner ...... FLD12064ST ...... 1991–1996 179 ...... Freightliner ...... FTLD112064SD ...... 1991–1996 178 ...... GMC ...... Suburban ...... 1992–1994 134 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 1998 253 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 1999 281 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2000 321 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2001 362 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2002 372 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2003 393 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2004 422 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2005 472 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 2006 491 ...... Harley Davidson (MC) ... FX, FL, XL Series ...... 1986–1997 202 ...... Harley Davidson (MC) ... FX, FL, XL & VR Series ...... 2007 506 ...... Harley Davidson (MC) ... FXSTC Soft Tail Custom ...... 2007 499 ...... Harley Davidson (MC) ... FX, FL, XL & VR Series ...... 2008 517 ...... Harley Davidson (MC) ... FX, FL, XL & VR Series ...... 2009 522 ...... Harley Davidson (MC) ... VRSCA ...... 2002 374 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Harley Davidson (MC) ... VRSCA ...... 2003 394 ...... Harley Davidson (MC) ... VRSCA ...... 2004 422 ...... Hatty ...... 45 ft double axle trailer ...... 1999–2000 ...... 38 Heku ...... 750 KG boat trailer ...... 2005 ...... 33 Hobby ...... Exclusive 650 KMFE Trailer ...... 2002–2003 ...... 29 Honda ...... Accord ...... 1991 280 ...... Honda ...... Accord ...... 1992–1999 319 ...... Honda ...... Accord (RHD) ...... Sedan & Wagon ...... 1994–1997 451 ...... Honda ...... Civic DX ...... Hatchback ...... 1989 128 ...... Honda ...... CRV ...... 2002 447 ...... Honda ...... CR–V ...... 2005 489 ...... Honda ...... Prelude ...... 1989 191 ...... Honda ...... Prelude ...... 1994–1997 309 ...... Honda (MC) ...... CB 750 (CB750F2T) ...... 1996 440 ...... Honda (MC) ...... CB1000F ...... 1988 106 ...... Honda (MC) ...... CBR250 ...... 1989–1994 ...... 22 Honda (MC) ...... CMX250C ...... 1986–1987 348 ...... Honda (MC) ...... CP450SC ...... 1986 174 ...... Honda (MC) ...... RVF 400 ...... 1994–2000 358 ...... Honda (MC) ...... VF750 ...... 1994–1998 290 ...... Honda (MC) ...... VFR 400 ...... 1994–2000 358 ...... Honda (MC) ...... VFR 400, RVF 400 ...... 1989–1993 ...... 24 Honda (MC) ...... VFR750 ...... 1990 34 ...... Honda (MC) ...... VFR750 ...... 1991–1997 315 ...... Honda (MC) ...... VFR800 ...... 1998–1999 315 ...... Honda (MC) ...... VT600 ...... 1991–1998 294 ...... Hyundai ...... Elantra ...... 1992–1995 269 ...... Hyundai ...... XG350 ...... 2004 494 ...... Jaguar ...... Sovereign ...... 1993 78 ...... Jaguar ...... S–Type ...... 2000–2002 411 ...... Jaguar ...... XJ6 ...... 1987 47 ...... Jaguar ...... XJ6 ...... 1986 ...... 41 ...... Jaguar ...... XJ6 Sovereign ...... 1988 215 ...... Jaguar ...... XJS ...... 1991 175 ...... Jaguar ...... XJS ...... 1992 129 ...... Jaguar ...... XJS ...... 1986–1987 ...... 40 ...... Jaguar ...... XJS ...... 1994–1996 195 ...... Jaguar ...... XJS, XJ6 ...... 1988–1990 336 ...... Jaguar ...... XK–8 ...... 1998 330 ...... Jeep ...... Cherokee ...... 1993 254 ...... Jeep ...... Cherokee (European market) ...... 1991 211 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1994 493 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1995 180 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1996 493 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1997–1998 516 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1997–2001 515 ...... Jeep ...... Cherokee (Venezuelan market) ...... 1992 164 ...... Jeep ...... Grand Cherokee ...... 1994 404 ...... Jeep ...... Grand Cherokee ...... 1997 431 ...... Jeep ...... Grand Cherokee ...... 2001 382 ...... Jeep ...... Grand Cherokee (LHD—Japanese market) ...... 1997 389 ...... Jeep ...... Liberty ...... 2002 466 ...... Jeep ...... Liberty ...... 2005 505 ...... Jeep ...... Liberty (Mexican market) ...... 2004 457 ...... Jeep ...... Wrangler ...... 1993 217 ...... Jeep ...... Wrangler ...... 1995 255 ...... Jeep ...... Wrangler ...... 1998 341 ...... Kawasaki (MC) ...... EL250 ...... 1992–1994 233 ...... Kawasaki (MC) ...... VN1500–P1/P2 series ...... 2003 492 ...... Kawasaki (MC) ...... ZX1000–B1 ...... 1988 182 ...... Kawasaki (MC) ...... ZX400 ...... 1987–1997 222 ...... Kawasaki (MC) ...... ZX6, ZX7, ZX9, ZX10, ZX11 ...... 1987–1999 312 ...... Kawasaki (MC) ...... ZX600 ...... 1986–1998 288 ...... Kawasaki (MC) ...... ZZR1100 ...... 1993–1998 247 ...... Ken-Mex ...... T800 ...... 1990–1996 187 ...... Kenworth ...... T800 ...... 1992 115 ...... Komet ...... Standard, Classic & Eurolite trailer ...... 2000–2005 477 ...... KTM (MC) ...... Duke II ...... 1995–2000 363 ...... Lamborghini ...... Diablo (except 1997 Coupe) ...... 1996–1997 416 ...... Lamborghini ...... Diablo ...... Coupe ...... 1997 ...... 26 Lamborghini ...... Gallardo (manufactured 1/1/04–12/31/04) ...... 2004 458 ...... Lamborghini ...... Gallardo (manufactured 1/1/06–8/31/06) ...... 2006 508 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Lamborghini ...... Murcielago ...... Roadster ...... 2005 476 ...... Land Rover ...... Defender 110 ...... 1993 212 ...... Land Rover ...... Defender 90 ...... VIN & Body Limited ...... 1994–1995 512 ...... Land Rover ...... Defender 90 (manufactured before 9/1/97) and ...... 1997 432 ...... VIN ‘‘SALDV224*VA’’ or ‘‘SALDV324*VA‘‘. Land Rover ...... Discovery ...... 1994–1998 338 ...... Land Rover ...... Discovery (II) ...... 2000 437 ...... Land Rover ...... Range Rover ...... 2004 509 ...... Lexus ...... GS300 ...... 1998 460 ...... Lexus ...... GS300 ...... 1993–1996 293 ...... Lexus ...... RX300 ...... 1998–1999 307 ...... Lexus ...... SC300 ...... 1991–1996 225 ...... Lexus ...... SC400 ...... 1991–1996 225 ...... Lincoln ...... Mark VII ...... 1992 144 ...... Magni (MC) ...... Australia, Sfida ...... 1996–1999 264 ...... Mazda ...... MPV ...... 2000 413 ...... Mazda ...... MX–5 Miata ...... 1990–1993 184 ...... Mazda ...... RX–7 ...... 1986 199 ...... Mazda ...... RX–7 ...... 1987–1995 279 ...... Mazda ...... Xedos 9 ...... 1995–2000 351 ...... Mercedes Benz ...... 190 D ...... 201.126 ...... 1986–1989 ...... 54 ...... Mercedes Benz ...... 190 D (2.2) ...... 201.122 ...... 1986–1989 ...... 54 ...... Mercedes Benz ...... 190 E ...... 201.029 ...... 1986 ...... 54 ...... Mercedes Benz ...... 190 E ...... 201.028 ...... 1990 22 ...... Mercedes Benz ...... 190 E ...... 201.036 ...... 1990 104 ...... Mercedes Benz ...... 190 E ...... 201.024 ...... 1991 45 ...... Mercedes Benz ...... 190 E ...... 201.028 ...... 1992 71 ...... Mercedes Benz ...... 190 E ...... 201.018 ...... 1992 126 ...... Mercedes Benz ...... 190 E ...... 1993 454 ...... Mercedes Benz ...... 190 E ...... 201.028 ...... 1986–1989 ...... 54 ...... Mercedes Benz ...... 190 E (2.3) ...... 201.024 ...... 1986–1989 ...... 54 ...... Mercedes Benz ...... 190 E (2.6) ...... 201.029 ...... 1987–1989 ...... 54 ...... Mercedes Benz ...... 190 E (2.6) 16 ...... 201.034 ...... 1986–1989 ...... 54 ...... Mercedes Benz ...... 200 D ...... 124.120 ...... 1986 17 ...... Mercedes Benz ...... 200 E ...... 124.021 ...... 1989 11 ...... Mercedes Benz ...... 200 E ...... 124.012 ...... 1991 109 ...... Mercedes Benz ...... 200 E ...... 124.019 ...... 1993 75 ...... Mercedes Benz ...... 200 TE ...... 124.081 ...... 1989 3 ...... Mercedes Benz ...... 220 E ...... 1993 168 ...... Mercedes Benz ...... 220 TE ...... Station Wagon ...... 1993–1996 167 ...... Mercedes Benz ...... 230 CE ...... 124.043 ...... 1991 84 ...... Mercedes Benz ...... 230 CE ...... 123.043 ...... 1992 203 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1988 1 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1989 20 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1990 19 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1991 74 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1993 127 ...... Mercedes Benz ...... 230 E ...... 124.023 ...... 1986–1987 ...... 55 ...... Mercedes Benz ...... 230 TE ...... 124.083 ...... 1989 2 ...... Mercedes Benz ...... 250 D ...... 1992 172 ...... Mercedes Benz ...... 250 E ...... 1990–1993 245 ...... Mercedes Benz ...... 260 E ...... 124.026 ...... 1986 ...... 55 ...... Mercedes Benz ...... 260 E ...... 124.026 ...... 1992 105 ...... Mercedes Benz ...... 260 E ...... 124.026 ...... 1987–1989 ...... 55 ...... Mercedes Benz ...... 260 SE ...... 126.020 ...... 1986 18 ...... Mercedes Benz ...... 260 SE ...... 126.020 ...... 1989 28 ...... Mercedes Benz ...... 280 E ...... 1993 166 ...... Mercedes Benz ...... 280 SE ...... 116.024 ...... 1986–1988 ...... 51 ...... Mercedes Benz ...... 300 CE ...... 124.051 ...... 1990 64 ...... Mercedes Benz ...... 300 CE ...... 124.051 ...... 1991 83 ...... Mercedes Benz ...... 300 CE ...... 124.050 ...... 1992 117 ...... Mercedes Benz ...... 300 CE ...... 124.061 ...... 1993 94 ...... Mercedes Benz ...... 300 CE ...... 124.050 ...... 1988–1989 ...... 55 ...... Mercedes Benz ...... 300 D ...... 124.130 ...... 1986 ...... 55 ...... Mercedes Benz ...... 300 D Turbo ...... 124.193 ...... 1986 ...... 55 ...... Mercedes Benz ...... 300 D Turbo ...... 124.193 ...... 1987–1989 ...... 55 ...... Mercedes Benz ...... 300 DT ...... 124.133 ...... 1986–1989 ...... 55 ...... Mercedes Benz ...... 300 E ...... 124.031 ...... 1992 114 ...... Mercedes Benz ...... 300 E ...... 124.030 ...... 1986–1989 ...... 55 ...... Mercedes Benz ...... 300 E 4–Matic ...... 1990–1993 192 ...... Mercedes Benz ...... 300 SD ...... 126.120 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 300 SE ...... 126.024 ...... 1990 68 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Mercedes Benz ...... 300 SE ...... 126.024 ...... 1986–1987 ...... 53 ...... Mercedes Benz ...... 300 SE ...... 126.024 ...... 1988–1989 ...... 53 ...... Mercedes Benz ...... 300 SEL ...... 126.025 ...... 1986 ...... 53 ...... Mercedes Benz ...... 300 SEL ...... 126.025 ...... 1987 ...... 53 ...... Mercedes Benz ...... 300 SEL ...... 126.025 ...... 1990 21 ...... Mercedes Benz ...... 300 SEL ...... 126.025 ...... 1988–1989 ...... 53 ...... Mercedes Benz ...... 300 SL ...... 107.041 ...... 1989 7 ...... Mercedes Benz ...... 300 SL ...... 129.006 ...... 1992 54 ...... Mercedes Benz ...... 300 SL ...... 107.041 ...... 1986–1988 ...... 44 ...... Mercedes Benz ...... 300 TE ...... 124.090 ...... 1990 40 ...... Mercedes Benz ...... 300 TE ...... 1992 193 ...... Mercedes Benz ...... 300 TE ...... 124.090 ...... 1986–1989 ...... 55 ...... Mercedes Benz ...... 320 CE ...... 1993 310 ...... Mercedes Benz ...... 320 SL ...... 1992–1993 142 ...... Mercedes Benz ...... 380 SE ...... 126.043 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 380 SE ...... 126.032 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 380 SEL ...... 126.033 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 380 SL ...... 107.045 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 380 SLC ...... 107.025 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 400 SE ...... 1992–1994 296 ...... Mercedes Benz ...... 420 E ...... 1993 169 ...... Mercedes Benz ...... 420 SE ...... 126.034 ...... 1986 ...... 53 ...... Mercedes Benz ...... 420 SE ...... 126.034 ...... 1987–1989 ...... 53 ...... Mercedes Benz ...... 420 SE ...... 1990–1991 230 ...... Mercedes Benz ...... 420 SEC ...... 1990 209 ...... Mercedes Benz ...... 420 SEL ...... 126.035 ...... 1990 48 ...... Mercedes Benz ...... 420 SEL ...... 126.035 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 420 SL ...... 107.047 ...... 1986 ...... 44 ...... Mercedes Benz ...... 450 SEL ...... 116.033 ...... 1986–1988 ...... 51 ...... Mercedes Benz ...... 450 SEL (6.9) ...... 116.036 ...... 1986–1988 ...... 51 ...... Mercedes Benz ...... 450 SL ...... 107.044 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 450 SLC ...... 107.024 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 500 E ...... 124.036 ...... 1991 56 ...... Mercedes Benz ...... 500 SE ...... 126.036 ...... 1988 35 ...... Mercedes Benz ...... 500 SE ...... 1990 154 ...... Mercedes Benz ...... 500 SE ...... 140.050 ...... 1991 26 ...... Mercedes Benz ...... 500 SE ...... 126.036 ...... 1986 ...... 53 ...... Mercedes Benz ...... 500 SEC ...... 126.044 ...... 1990 66 ...... Mercedes Benz ...... 500 SEC ...... 126.044 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 500 SEL ...... 1990 153 ...... Mercedes Benz ...... 500 SEL ...... 126.037 ...... 1991 63 ...... Mercedes Benz ...... 500 SEL ...... 126.037 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 500 SL ...... 129.066 ...... 1989 23 ...... Mercedes Benz ...... 500 SL ...... 126.066 ...... 1991 33 ...... Mercedes Benz ...... 500 SL ...... 129.006 ...... 1992 60 ...... Mercedes Benz ...... 500 SL ...... 107.046 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 560 SEC ...... 126.045 ...... 1990 141 ...... Mercedes Benz ...... 560 SEC ...... 1991 333 ...... Mercedes Benz ...... 560 SEC ...... 126.045 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 560 SEL ...... 126.039 ...... 1990 89 ...... Mercedes Benz ...... 560 SEL ...... 140 ...... 1991 469 ...... Mercedes Benz ...... 560 SEL ...... 126.039 ...... 1986–1989 ...... 53 ...... Mercedes Benz ...... 560 SL ...... 107.048 ...... 1986–1989 ...... 44 ...... Mercedes Benz ...... 600 SEC ...... Coupe ...... 1993 185 ...... Mercedes Benz ...... 600 SEL ...... 140.057 ...... 1993–1998 271 ...... Mercedes Benz ...... 600 SL ...... 129.076 ...... 1992 121 ...... Mercedes Benz ...... All other passenger car models except Model ID ...... 1986–1989 ...... 77 ...... 114 and 115 with sales designations ‘‘long,’’ ‘‘station wagon,’’ or ‘‘ambulance’’. Mercedes Benz ...... C 320 ...... 203 ...... 2001–2002 441 ...... Mercedes Benz ...... C Class ...... 1994–1999 331 ...... Mercedes Benz ...... C Class ...... 203 ...... 2000–2001 456 ...... Mercedes Benz ...... C Class ...... 221 ...... 2003–2006 521 ...... Mercedes Benz ...... CL 500 ...... 1998 277 ...... Mercedes Benz ...... CL 500 ...... 1999–2001 370 ...... Mercedes Benz ...... CL 600 ...... 1999–2001 370 ...... Mercedes Benz ...... CLK 320 ...... 1998 357 ...... Mercedes Benz ...... CLK Class ...... 1999–2001 380 ...... Mercedes Benz ...... CLK–Class ...... 209 ...... 2002–2005 478 ...... Mercedes Benz ...... E 200 ...... 1994 207 ...... Mercedes Benz ...... E 200 ...... 1995–1998 278 ...... Mercedes Benz ...... E 220 ...... 1994–1996 168 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Mercedes Benz ...... E 250 ...... 1994–1995 245 ...... Mercedes Benz ...... E 280 ...... 1994–1996 166 ...... Mercedes Benz ...... E 320 ...... 1994–1998 240 ...... Mercedes Benz ...... E 320 ...... 211 ...... 2002–2003 418 ...... Mercedes Benz ...... E 320 ...... Station Wagon ...... 1994–1999 318 ...... Mercedes Benz ...... E 420 ...... 1994–1996 169 ...... Mercedes Benz ...... E 500 ...... 1994 163 ...... Mercedes Benz ...... E 500 ...... 1995–1997 304 ...... Mercedes Benz ...... E Class ...... W210 ...... 1996–2002 401 ...... Mercedes Benz ...... E Class ...... 211 ...... 2003–2004 429 ...... Mercedes Benz ...... E Series ...... 1991–1995 354 ...... Mercedes Benz ...... G-Wagon ...... 463 ...... 1996 ...... 11 Mercedes Benz ...... G-Wagon ...... 463 ...... 1997 ...... 15 Mercedes Benz ...... G-Wagon ...... 463 ...... 1998 ...... 16 Mercedes Benz ...... G-Wagon ...... 463 ...... 1999–2000 ...... 18 Mercedes Benz ...... G-Wagon 300 ...... 463.228 ...... 1993 ...... 3 Mercedes Benz ...... G-Wagon 300 ...... 463.228 ...... 1994 ...... 5 Mercedes Benz ...... G-Wagon 300 ...... 463.228 ...... 1990–1992 ...... 5 Mercedes Benz ...... G-Wagon 320 LWB ...... 463 ...... 1995 ...... 6 Mercedes Benz ...... G-Wagon 5 DR LWB ...... 463 ...... 2001 ...... 21 Mercedes Benz ...... G-Wagon 5 DR LWB ...... 463 ...... 2002 392 ...... Mercedes Benz ...... G-Wagon 5 DR LWB ...... 2006–2007 527 ...... Mercedes Benz ...... G-Wagon LWB V–8 ...... 463 ...... 1992–1996 ...... 13 Mercedes Benz ...... G-Wagon SWB ...... 463 ...... 2005 ...... 31 Mercedes Benz ...... G-Wagon SWB ...... 463 ...... 1990–1996 ...... 14 Mercedes Benz ...... G-Wagon SWB Cabriolet & 3DR ...... 463 ...... 2004 ...... 28 Mercedes Benz ...... G-Wagon SWB Cabriolet & 3DR ...... 463 ...... 2001–2003 ...... 25 Mercedes Benz ...... G-Wagon SWB Cabriolet & 3DR (manufactured 463 ...... 2006 ...... 35 before 9/1/06). Mercedes Benz ...... Maybach ...... 2004 486 ...... Mercedes Benz ...... S 280 ...... 140.028 ...... 1994 85 ...... Mercedes Benz ...... S 320 ...... 1994–1998 236 ...... Mercedes Benz ...... S 420 ...... 1994–1997 267 ...... Mercedes Benz ...... S 500 ...... 1994–1997 235 ...... Mercedes Benz ...... S 500 ...... 2000–2001 371 ...... Mercedes Benz ...... S 600 ...... 1995–1999 297 ...... Mercedes Benz ...... S 600 ...... 2000–2001 371 ...... Mercedes Benz ...... S 600 ...... Coupe ...... 1994 185 ...... Mercedes Benz ...... S 600L ...... 1994 214 ...... Mercedes Benz ...... S Class ...... 1993 395 ...... Mercedes Benz ...... S Class ...... 140 ...... 1991–1994 423 ...... Mercedes Benz ...... S Class ...... 1995–1998 342 ...... Mercedes Benz ...... S Class ...... 1998–1999 325 ...... Mercedes Benz ...... S Class ...... W220 ...... 1999–2002 387 ...... Mercedes Benz ...... S Class ...... 220 ...... 2002–2004 442 ...... Mercedes Benz ...... S Class (manufactured before 9/1/06) ...... 2005–2006 525 ...... Mercedes Benz ...... SE Class ...... 1992–1994 343 ...... Mercedes Benz ...... SEL Class ...... 140 ...... 1992–1994 343 ...... Mercedes Benz ...... SL Class ...... 1993–1996 329 ...... Mercedes Benz ...... SL Class ...... W129 ...... 1997–2000 386 ...... Mercedes Benz ...... SL Class ...... R230 ...... 2001–2002 ...... 19 Mercedes Benz ...... SL-Class (European market) ...... 230 ...... 2003–2005 470 ...... Mercedes Benz ...... SLK ...... 1997–1998 257 ...... Mercedes Benz ...... SLK ...... 2000–2001 381 ...... Mercedes Benz ...... SLK Class (manufactured between 8/31/04 and 171 ...... 2005–2006 511 ...... 8/31/06). Mercedes Benz (truck) .. Sprinter ...... 2001–2005 468 ...... Mini ...... Cooper (European market) ...... Convertible ...... 2005 482 ...... Mitsubishi ...... Galant Super Salon ...... 1989 13 ...... Mitsubishi ...... Galant VX ...... 1988 8 ...... Moto Guzzi (MC) ...... California ...... 2000–2001 495 ...... Moto Guzzi (MC) ...... California EV ...... 2002 403 ...... Moto Guzzi (MC) ...... Daytona ...... 1993 118 ...... Moto Guzzi (MC) ...... Daytona RS ...... 1996–1999 264 ...... MV Agusta (MC) ...... F4 ...... 2000 420 ...... Nissan ...... 240SX ...... 1988 162 ...... Nissan ...... GTS & GTR(RHD) a.k.a. ‘‘Skyline’’ manufactured R33 ...... 1996–1998 ...... 32 1/96–6/98. Nissan ...... Maxima ...... 1989 138 ...... Nissan ...... Pathfinder ...... 2002 412 ...... Nissan ...... Pathfinder ...... 1987–1995 316 ...... Nissan ...... Stanza ...... 1987 139 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Peugeot ...... 405 ...... 1989 65 ...... Plymouth ...... Voyager ...... 1996 353 ...... Pontiac ...... Firebird Trans Am ...... 1995 481 ...... Pontiac (MPV) ...... Trans Sport ...... 1993 189 ...... Porsche ...... 911 Series ...... 1991 526 ...... Porsche ...... 911 ...... 1997–2000 346 ...... Porsche ...... 928 ...... 1991–1996 266 ...... Porsche ...... 928 ...... 1993–1998 272 ...... Porsche ...... 911 Carrera ...... 996 ...... 2002–2004 439 ...... Porsche ...... 911 (996) GT3 ...... 2004 438 ...... Porsche ...... 911 C4 ...... 1990 29 ...... Porsche ...... 911 Cabriolet ...... 1986–1989 ...... 56 ...... Porsche ...... 911 Carrera ...... 1993 165 ...... Porsche ...... 911 Carrera ...... 1994 103 ...... Porsche ...... 911 Carrera ...... 1986–1989 ...... 56 ...... Porsche ...... 911 Carrera ...... 1995–1996 165 ...... Porsche ...... 911 Carrera 2 & Carrera 4 ...... 1992 52 ...... Porsche ...... 911 Carrera Cabriolet (manufactured prior to 9/1/ ...... 2005–2006 513 ...... 06). Porsche ...... 911 ...... Coupe ...... 1986–1989 ...... 56 ...... Porsche ...... 911 Targa ...... 1986–1989 ...... 56 ...... Porsche ...... 911 Turbo ...... 1992 125 ...... Porsche ...... 911 Turbo ...... 2001 347 ...... Porsche ...... 911 Turbo ...... 1986–1989 ...... 56 ...... Porsche ...... 924 ...... Coupe ...... 1986–1989 ...... 59 ...... Porsche ...... 924 S ...... 1987–1989 ...... 59 ...... Porsche ...... 924 Turbo ...... Coupe ...... 1986–1989 ...... 59 ...... Porsche ...... 928 ...... Coupe ...... 1986–1989 ...... 60 ...... Porsche ...... 928 GT ...... 1986–1989 ...... 60 ...... Porsche ...... 928 S ...... Coupe ...... 1986–1989 ...... 60 ...... Porsche ...... 928 S4 ...... 1990 210 ...... Porsche ...... 928 S4 ...... 1986–1989 ...... 60 ...... Porsche ...... 944 ...... Coupe ...... 1986–1989 ...... 61 ...... Porsche ...... 944 S ...... Cabriolet ...... 1990 97 ...... Porsche ...... 944 S ...... Coupe ...... 1987–1989 ...... 61 ...... Porsche ...... 944 S2 (2-door Hatchback) ...... 1990 152 ...... Porsche ...... 944 Turbo ...... Coupe ...... 1986–1989 ...... 61 ...... Porsche ...... 946 Turbo ...... 1994 116 ...... Porsche ...... All other passenger car models except Model ...... 1986–1989 ...... 79 ...... 959. Porsche ...... Boxster ...... 1997–2001 390 ...... Porsche ...... Boxster (manufactured before 9/1/02) ...... 2002 390 ...... Porsche ...... Carrera GT ...... 2004–2005 463 ...... Porsche ...... Cayenne ...... 2003–2004 464 ...... Porsche ...... Cayenne (manufactured prior to 9/1/06) ...... 2006 519 ...... Porsche ...... GT2 ...... 2001 ...... 20 Porsche ...... GT2 ...... 2002 388 ...... Rolls Royce ...... Bentley ...... 1987–1989 340 ...... Rolls Royce ...... Bentley Brooklands ...... 1993 186 ...... Rolls Royce ...... Bentley Continental R ...... 1990–1993 258 ...... Rolls Royce ...... Bentley Turbo ...... 1986 53 ...... Rolls Royce ...... Bentley Turbo R ...... 1995 243 ...... Rolls Royce ...... Bentley Turbo R ...... 1992–1993 291 ...... Rolls Royce ...... Phantom ...... 2004 455 ...... Saab ...... 9.3 ...... 2003 426 ...... Saab ...... 9000 ...... 1988 59 ...... Saab ...... 9000 ...... 1994 334 ...... Saab ...... 900 S ...... 1987–1989 270 ...... Saab ...... 900 SE ...... 1995 213 ...... Saab ...... 900 SE ...... 1990–1994 219 ...... Saab ...... 900 SE ...... 1996–1997 219 ...... Smart Car ...... Fortwo (incl. trim levels passion, pulse, & pure) .. Coupe & Cabriolet ...... 2005 ...... 30 Smart Car ...... Fortwo (incl. trim levels passion, pulse, & pure) .. Coupe & Cabriolet ...... 2002–2004 ...... 27 Smart Car ...... Fortwo (incl. trim levels passion, pulse, & pure) Coupe & Cabriolet ...... 2006 ...... 34 manufactured before 9/1/06. Smart Car ...... Fortwo (incl. trim levels passion, pulse, & pure) Coupe & Cabriolet ...... 2007 ...... 39 manufactured before 9/1/06. Subaru ...... Forester ...... 2006–2007 510 ...... Suzuki (MC) ...... GSF 750 ...... 1996–1998 287 ...... Suzuki (MC) ...... GSX1300R a.k.a. ‘‘Hayabusa‘‘ ...... 1999–2006 484 ...... Suzuki (MC) ...... GSX–R 1100 ...... 1986–1997 227 ...... Suzuki (MC) ...... GSX–R 750 ...... 1986–1998 275 ......

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VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body Model year(s) VSP VSA VCP

Suzuki (MC) ...... GSX–R 750 ...... 1999–2003 417 ...... Toyota ...... 4-Runner ...... 1998 449 ...... Toyota ...... Avalon ...... 1995–1998 308 ...... Toyota ...... Camry ...... 1989 39 ...... Toyota ...... Camry ...... 1987–1988 ...... 63 ...... Toyota ...... Celica ...... 1987–1988 ...... 64 ...... Toyota ...... Corolla ...... 1987–1988 ...... 65 ...... Toyota ...... Land Cruiser ...... 1989 101 ...... Toyota ...... Land Cruiser ...... 1986–1988 252 ...... Toyota ...... Land Cruiser ...... 1990–1996 218 ...... Toyota ...... MR2 ...... 1990–1991 324 ...... Toyota ...... Previa ...... 1991–1992 326 ...... Toyota ...... Previa ...... 1993–1997 302 ...... Toyota ...... RAV4 ...... 1996 328 ...... Toyota ...... RAV4 ...... 2005 480 ...... Toyota ...... Van ...... 1987–1988 200 ...... Triumph (MC) ...... Thunderbird ...... 1995–1999 311 ...... Vespa (MC) ...... ET2, ET4 ...... 2001–2002 378 ...... Vespa (MC) ...... LX and PX ...... 2004–2005 496 ...... Volkswagen ...... Eurovan ...... 1993–1994 306 ...... Volkswagen ...... Golf ...... 1987 159 ...... Volkswagen ...... Golf ...... 1988 80 ...... Volkswagen ...... Golf ...... 2005 502 ...... Volkswagen ...... Golf III ...... 1993 92 ...... Volkswagen ...... Golf Rallye ...... 1988 73 ...... Volkswagen ...... Golf Rallye ...... 1989 467 ...... Volkswagen ...... GTI (Canadian market) ...... 1991 149 ...... Volkswagen ...... Jetta ...... 1994–1996 274 ...... Volkswagen ...... Passat ...... Wagon & Sedan ...... 2004 488 ...... Volkswagen ...... Passat 4-door ...... Sedan ...... 1992 148 ...... Volkswagen ...... Scirocco ...... 1986 42 ...... Volkswagen ...... Transporter ...... 1990 251 ...... Volkswagen ...... Transporter ...... 1986–1987 490 ...... Volkswagen ...... Transporter ...... 1988–1989 284 ...... Volvo ...... 740 GL ...... 1992 137 ...... Volvo ...... 740 ...... Sedan ...... 1988 87 ...... Volvo ...... 850 Turbo ...... 1995–1998 286 ...... Volvo ...... 940 GL ...... 1992 137 ...... Volvo ...... 940 GL ...... 1993 95 ...... Volvo ...... 945 GL ...... Wagon ...... 1994 132 ...... Volvo ...... 960 ...... Sedan & Wagon ...... 1994 176 ...... Volvo ...... C70 ...... 2000 434 ...... Volvo ...... S70 ...... 1998–2000 335 ...... Yamaha (MC) ...... Drag Star 1100 ...... 1999–2007 497 ...... Yamaha (MC) ...... FJ1200 (4 CR) ...... 1991 113 ...... Yamaha (MC) ...... FJR1300 ...... 2002 ...... 23 Yamaha (MC) ...... R1 ...... 2000 360 ...... Yamaha (MC) ...... Virago ...... 1990–1998 301 ......

Issued on: September 15, 2010. DEPARTMENT OF COMMERCE SUMMARY: This final rule adjusts the Marilena Amoni, North and South Atlantic swordfish Associate Administrator for the National National Oceanic and Atmospheric quotas for the 2010 fishing year (January Center for Statistics and Analysis. Administration 1, 2010, through December 31, 2010) to [FR Doc. 2010–23471 Filed 9–20–10; 8:45 am] account for 2009 underharvest and 50 CFR Part 635 implement International Commission BILLING CODE 4910–59–P [Docket No. 100315147–0403–02] for the Conservation of Atlantic Tunas (ICCAT) Recommendations 09–02 and RIN 0648–XV31 09–03, which maintain the U.S. allocation of the international total Atlantic Highly Migratory Species; allowable catch (TAC). This rule could North and South Atlantic Swordfish affect commercial and recreational Quotas fishing for swordfish in the Atlantic AGENCY: National Marine Fisheries Ocean, including the Caribbean Sea and Service (NMFS), National Oceanic and Gulf of Mexico, by establishing annual Atmospheric Administration (NOAA), quotas, although generally the levels of Commerce. fishing effort and quota are expected to be similar to those previously published ACTION: Final rule. for the years 2008 through 2010.

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DATES: This rule is effective from (January 1, 2010, through December 31, South Atlantic swordfish quota to other October 21, 2010, through December 31, 2010) to account for 2009 underharvest countries per the ICCAT 2010. and transfers 18.8 metric tons (mt) recommendation. As a result, the ADDRESSES: Copies of the supporting dressed weight (dw) to Canada from the baseline quota plus the underharvest documents—including the 2007 reserve category in the North Atlantic in carryover maximum of 75.2 mt dw, Environmental Assessment (EA), conformance with ICCAT substracted by the transfer of 100 mt ww Regulatory Impact Review (RIR), Final Recommendation 09–02, which (75.2 mt dw) to other countries equal an Regulatory Flexibility Analysis (FRFA), extended the provisions of ICCAT adjusted quota of 75.2 mt dw for the and the 2006 Consolidated Atlantic Recommendation 6–02 through 2010. 2010 fishing year (Table 1). Highly Migratory Species (HMS) Fishery The 2010 North Atlantic swordfish Response to Comments Management Plan (FMP)—are available baseline quota is 2,937.6 mt dw. The from the HMS Web site at http:// total North Atlantic swordfish NMFS received two comments on the www.nmfs.noaa.gov/sfa/hms/. underharvest for 2009 was 2,524.2 mt proposed rule which are summarized FOR FURTHER INFORMATION CONTACT: dw, which exceeds the maximum below, together with NMFS’s responses. Delisse Ortiz or Karyl Brewster-Geisz by carryover cap of 1,468.8 mt dw, Comment: NMFS received one phone: 301–713–2347 or by fax: 301– established in ICCAT Recommendation comment in opposition to the 713–1917. 06–02 and extended by ICCAT establishment of North and South SUPPLEMENTARY INFORMATION: The U.S. Recommendation. Therefore, NMFS is Atlantic commercial swordfish quotas. Atlantic swordfish fishery is managed carrying forward the amount allowed by The first comment, made anonymously, under the 2006 Consolidated HMS FMP. the recommendation. Thus, the baseline expressed general opposition to the Implementing regulations at 50 CFR part quota plus the underharvest carryover establishment of quotas for this fishery. 635 are issued under the authority of the maximum of 1,468.8 mt dw equals an The second comment, made by the Mid- Magnuson-Stevens Fishery adjusted quota of 4,406.4 mt dw for the Atlantic Fishery Management Council, Conservation and Management Act 2010 fishing year (Table 1). supports the proposed rule. (Magnuson-Stevens Act), 16 U.S.C. 1801 South Atlantic Swordfish Quota Response: The establishment of et seq., and the Atlantic Tunas annual swordfish quotas is necessary to Convention Act (ATCA), 16 U.S.C. 971 The 2010 South Atlantic swordfish comply with ICCAT Recommendation et seq. Regulations issued under the baseline quota is 75.2 mt dw. The total 06–02 (extended via ICCAT authority of ATCA carry out the South Atlantic swordfish underharvest Recommendation 09–02) and 06–03 recommendations of ICCAT as for 2009 was 150.4 mt dw, which necessary and appropriate. exceeds the maximum carryover cap of (extended via ICCAT Recommendation Information on the specific measures 75.2 mt dw, established in ICCAT 09–03). Under ATCA, the United States laid out in the proposed rule can be Recommendation 06–03 and extended is obligated to implement the ICCAT- found in 75 FR 35432 (June 22, 2010) by ICCAT Recommendation 09–02. In approved recommendations as and are not repeated here. A brief addition, under ICCAT necessary and appropriate to achieve summary of the actions in this final rule Recommendation 09–03, 100 mt ww domestic management objectives under can be found below. (75.2 mt dw) of U.S. quota for 2010 was the Magnuson-Stevens Act. transferred to other countries. Therefore, Changes From the Proposed Rule North Atlantic Swordfish Quota NMFS is carrying over the capped This final rule adjusts the total amount and transferring the 75.2 mt dw The final rule is not substantially available quota for the 2010 fishing year from the available underharvest in the changed from the proposed rule.

TABLE 1—LANDINGS AND QUOTAS FOR THE ATLANTIC U.S. SWORDFISH FISHERIES (2005–2010)

North Atlantic Swordfish Quota (mt dw) 2005 2006 2007 2008 2009 2010

Baseline Quota...... 2,937.6 2,937.6 2,937.6 2,937.6 2,937 .6 2,937.6 Quota Carried Over ...... 3,359.1 4,691.2 1,468.8 1,468.8 1,468 .8 1,468.8

Adjusted quota...... 6,296.7 7,628.8 4,406.4 4,406.4 4,406.4 4,406.4

Quota Allocation: Directed Category...... 5,895.2 7,246.1 3,601.9 3,620.7 3,639 .5 3,658.3 Incidental Category...... 300.0 300.0 300.0 300.0 300 .0 300.0 Reserve Category...... 101.5 82.7 504.5 485.7 466 .9 448.1 Utilized Quota: Landings ...... 1,471.8 1,291.5 1,167.5 1,695.7 1,863 .4 TBD Reserve Transfer to Canada ...... 18.8 18.8 18.8 18.8 18 .8 18.8 Total Underharvest...... 4,806.1 6,318.5 3,220.1 2,691.9 2,524 .20 TBD Dead Discards...... 114.9 154.9 149.2 149.8 TBD TBD Carryover Available + ...... 4,691.2 1,468.8 1,468.8 1,468.8 1,468.8 TBD

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South Atlantic Swordfish Quota (mt dw) 2005 2006 2007 2008 2009 2010

Baseline Quota...... 75.2 90.2 75.2 75.2 75.2 75.2 Quota Carried Over ...... 319.3 394.5 75.2 75.2 75.2 0.0

Adjusted quota...... 394.5 484.7 150.4 150.4 150.4 75.2

Landings ...... 0.0 0.0 0.0 0.0 0.0 TBD Carryover Available ...... 394.5 75.2 75.2 75.2 *0.0 TBD + Under harvest is capped at 50 percent of the baseline quota allocation for the North Atlantic and 100 mt ww (75.2 dw) for the South Atlantic. * Under 09–03, 100 mt ww of the U.S. underharvest was transferred to Namibia (50 mt ww, 37.6 mt dw), Cote d’ Ivore (25 mt ww, 18.8 mt dw), and Belize (25 mt ww, 18.8 mt dw).

Classification The Chief Counsel for Regulation of regulatory flexibility analysis was not The Assistant Administrator for the Department of Commerce certified required and none was prepared. Fisheries has determined that this final to the Chief Counsel for Advocacy of the Authority: 16 U.S.C. 1801 et seq. and 16 rule is necessary for the conservation Small Business Administration during U.S.C. 971 et seq. and management of Atlantic swordfish the proposed rule stage that this action Dated: September 15, 2010. and that it is consistent with the 2006 would not have a significant economic Consolidated HMS FMP, the Magnuson- impact on a substantial number of small Samuel D. Rauch III, Stevens Act, ATCA, and other entities. The factual basis for the Deputy Assistant Administrator For applicable law. certification was published in the Regulatory Programs, National Marine This final rule has been determined to proposed rule and is not repeated here. Fisheries Service. be not significant for purposes of No comments were received regarding [FR Doc. 2010–23528 Filed 9–20–10; 8:45 am] Executive Order 12866. this certification. As a result, a BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 75, No. 182

Tuesday, September 21, 2010

This section of the FEDERAL REGISTER seeking to present statements in person SUPPLEMENTARY INFORMATION: The Postal contains notices to the public of the proposed during the meeting must submit to DOE Service proposes to change the issuance of rules and regulations. The a signed original and an electronic copy timeframe for providing address purpose of these notices is to give interested of statements to be given at the public correction and nixie notices without persons an opportunity to participate in the meeting before 4 p.m., Thursday, charge for First-Class Mail®, Standard rule making prior to the adoption of the final ® rules. September 23, 2010. Mail , and Bound Printed Matter (BPM) Issued in Washington, DC, on September pieces that are eligible for Full-Service 16, 2010. Intelligent Mail prices, and that also DEPARTMENT OF ENERGY Cathy Zoi, meet the applicable standards. Notices Assistant Secretary, Energy Efficiency and would be provided, without charge, for 10 CFR Parts 429, 430, and 431 Renewable Energy. no longer than 95 days after the first notice is made available for a specific [Docket No. EERE–2010–BT–CE–0014] [FR Doc. 2010–23586 Filed 9–16–10; 4:15 pm] change-of-address or nixie notification BILLING CODE 6450–01–P RIN 1904–AC23 for eligible Full-Service pieces mailed at First-Class Mail, Standard Mail, or BPM Energy Conservation Program: prices. This change will coincide with Certification, Compliance, and POSTAL SERVICE the current Move Update standard Enforcement for Consumer Products timeframe that applies to First-Class and Commercial and Industrial 39 CFR Part 111 Mail and Standard Mail pieces. The Equipment; Correction Postal Service would retain the current Address Correction Notices for Letters AGENCY: 60 day timeframe for Periodicals pieces. Office of Energy Efficiency and and Flats Qualifying for Full-Service Renewable Energy, Department of This proposed rule also announces Intelligent Mail and Changes to Move that the online publication, Guide to Energy. Update Standards ACTION: Notice of proposed rulemaking Move Update, is the appropriate source and public meeting; correction. AGENCY: Postal Service.TM for additional information about the policies and procedures for meeting the ACTION: Proposed rule. SUMMARY: This document corrects the Move Update requirements. We describe DATES section to a notice of proposed SUMMARY: The Postal Service is a policy clarification to indicate that all rulemaking and public meeting which proposing to revise Mailing Standards changes of address, whether filed by published in the Federal Register on of the United States Postal Service, customers or postal employees, are September 16, 2010, regarding the Domestic Mail Manual (DMM®) to subject to Move Update requirements, Energy Conservation Program: change the number of days that mailers but temporarily exempt certain types of Certification, Compliance, and may receive additional notices for the change of address orders from Move Enforcement for Consumer Products and same unique change-of-address or nixie Update verifications. Commercial and Industrial Equipment. record through Full-Service Intelligent Address Correction Notices This correction revises the dates relating Mail® at no charge. The Postal Service to a public meeting. also proposes to add new Move Update The Postal Service provides address FOR FURTHER INFORMATION CONTACT: standards, regarding change-of-address correction notices, without charge, to Ashley Armstrong, 202–586–6590, e- orders. mailers participating in Full-Service mail: [email protected], or Intelligent Mail. For Full-Service First- DATES: We must receive your comments Celia Sher, Esq., 202–287–6122, e-mail: Class Mail eligible pieces, mailers on or before October 21, 2010. [email protected]. currently receive subsequent notices Correction: ADDRESSES: Mail or deliver written indefinitely without charge. For In proposed rule document FR 2010– comments to the Manager, Mailing Standard Mail and Bound Printed 22353 appearing on page 56796, in the Standards, U.S. Postal Service, 475 Matter eligible pieces, the first notice for issue of Thursday, September 16, 2010, L’Enfant Plaza, SW., Room 4446, a particular change of address is the following correction should be Washington, DC 20260–5015. You may provided without charge, and made: inspect and photocopy all written subsequent notices are provided ® On page 56796, in the first column, comments at USPS Headquarters without charge for 30 days. This the first paragraph in the DATES section Library, 475 L’Enfant Plaza, SW., 11th proposed rule would standardize the is corrected to the following: Floor N, Washington, DC, between timeframe at 95 days after the first DATES: DOE will hold a public meeting 9 a.m. and 4 p.m., Monday through notice for a specific change of address on Thursday, September 30, 2010, from Friday. Comments containing the name or nixie notification is provided, during 9 a.m. to 4 p.m., in Washington, DC. and address of the commenter may be which mailers would obtain subsequent DOE must receive requests to speak at sent by e-mail to: notices without charge for Full-Service the public meeting before 4 p.m., [email protected], with a First-Class Mail, Standard Mail, and Thursday, September 23, 2010. subject line of ‘‘Address Correction BPM full-service pieces. Additionally, DOE plans to conduct the Notice and Move Update comments.’’ Prices for notices provided after this public meeting via webinar. To Faxed comments are not accepted. timeframe for eligible full-service pieces participate via Webinar, DOE must be FOR FURTHER INFORMATION CONTACT: Jim would be the prices listed in the Notice notified by no later than Thursday, Wilson at 901–681–4600, or Bill 123, Price List under ‘‘ADDRESS September 23, 2010. Participants Chatfield at 202–268–7278. CORRECTION SERVICE’’ as ‘‘per

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automated notice issued’’ for First-Class Standard Mail pieces as failures to Addresses subject to the Move Update Mail and Standard Mail automation update a COA. standard must meet these requirements: letters, and prices listed as ‘‘per Although we are exempt from the * * * * * electronic notice issued’’ for all other notice and comment requirements of the eligible full-service pieces. Administrative Procedure Act [5 U.S.C. 240 Standard Mail Guide to Move Update 553(b), (c)] regarding proposed 243 Prices and Eligibility rulemaking by 39 U.S.C. 410 (a), we * * * * * The online USPS publication Guide to invite public comments on the Move Update (available at following proposed revisions to Mailing 3.0 Basic Standards for Standard Mail ribbs.usps.gov) was established to Standards of the United States Postal Letters provide general information about each Service, Domestic Mail Manual (DMM), * * * * * authorized Move Update method. The incorporated by reference in the Code of publication was recently revised to Federal Regulations. See 39 CFR 111.1. 3.9 Move Update Standards provide more information on the general policies and procedures for complying List of Subjects in 39 CFR Part 111 3.9.1 Basic Standards with the Move Update standards, as Administrative practice and [Revise the introductory paragraph of well as specific information on the procedure, Postal Service. 3.9.1 to read as follows:] procedures and proper use of the Accordingly, 39 CFR part 111 is The Move Update standard is a means authorized methods available for proposed to be amended as follows: of reducing the number of mailpieces in meeting the Move Update standards. It a mailing that require forwarding or describes in detail the four primary and PART 111—[AMENDED] return by the periodic matching of a the two alternative Move Update mailer’s address records with change-of- methods available for updating mailing 1. The authority citation for 39 CFR address orders received and maintained lists. part 111 continues to read as follows: by the USPS. For the purposes of this Change-of-Address Orders Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– standard, address means a specific 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, The Postal Service clarifies that the address associated with a specific 401, 403, 404, 414, 416, 3001–3011, 3201– occupant name. The online USPS Guide Move Update standards are met by 3219, 3403–3406, 3621, 3622, 3626, 3632, updating address records from 3633, and 5001. to Move Update (available at ribbs.usps.gov) contains more detailed customer-filed change-of-address (COA) 2. Revise the following sections of orders and from postal-carrier-supplied information on the procedures and Mailing Standards of the United States methods for meeting this standard. COA orders. There are occasions when Postal Service, Domestic Mail Manual customers move or allow their PO Addresses subject to the Move Update (DMM), as follows: BoxTM service to expire without standard must meet these requirements: providing a new address to redirect Mailing Standards of the United States * * * * * their mail. In these instances, the Postal Service, Domestic Mail Manual 300 Commercial Flats customer no longer receives mail at that (DMM) * * * * * address, and the postal carrier files * * * * * either a ‘‘Moved Left No Address’’ 330 First-Class Mail (MLNA) or a ‘‘Box Closed No Order’’ 200 Commercial Letters and Cards 333 Prices and Eligibility (BCNO) COA order. These two types of * * * * * COAs are included in all of the address * * * * * change databases the Postal Service 230 First-Class Mail 3.0 Eligibility Standards for First- maintains. In order to comply with the 233 Prices and Eligibility Move Update standards, mailers must Class Mail Flats * * * * * refrain from mailing to these * * * * * undeliverable addresses once the 3.0 Basic Standards for First-Class 3.5 Move Update Standards effective date of the COA is older than Mail Letters 95 days. 3.5.1 Basic Standards The Postal Service understands that * * * * * some mailers may have difficulty 3.5 Move Update Standard [Revise the introductory paragraph of isolating MLNAs and BCNOs in their 3.5.1 to read as follows:] mailing processes. Therefore, to allow 3.5.1 Basic Standards The Move Update standard is a means mailers sufficient time to modify their [Revise the introductory paragraph of of reducing the number of mailpieces in mailing systems to properly handle 3.5.1 to read as follows:] a mailing that require forwarding or MLNA and BCNO occurrences, MLNAs The Move Update standard is a means return by the periodic matching of a and BCNOs with effective dates older of reducing the number of mailpieces in mailer’s address records with change-of- than 95 days will, temporarily, not be a mailing that require forwarding or address orders received and maintained classified as failures to update a COA by return by the periodic matching of a by the USPS. For the purposes of this Performance Based Verification (PBV) mailer’s address records with change-of- standard, address means a specific Move Update verifications. Mailers will address orders received and maintained address associated with a specific have one year from the date of this by the USPS. For the purposes of this occupant name. The online USPS Guide notice to make needed modifications to standard, address means a specific to Move Update (available at their mail processing systems. After the address associated with a specific ribbs.usps.gov) contains more detailed one-year grace period, MLNA/BCNO occupant name. The online USPS Guide information on the procedures and addresses with effective dates between to Move Update (available at methods for meeting this standard. 95 days and 18 months would be graded ribbs.usps.gov) contains more detailed Addresses subject to the Move Update by PBV verifications for commercial information on the procedures and standard must meet these requirements: mailings of First-Class Mail and methods for meeting this standard. * * * * *

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340 Standard Mail 3.0 Basic Standards for Standard Mail Standard Mail and BPM pieces must 343 Prices and Eligibility Parcels include a printed on-piece endorsement * * * * * in addition to encoding the ancillary * * * * * service request into the Intelligent Mail 3.0 Basic Standards for Standard Mail 3.9 Move Update Standards barcode. See 507.4.2 for additional Flats 3.9.1 Basic Standards standards. * * * * * * * * * * [Revise the introductory paragraph of We will publish an appropriate 3.9.1 to read as follows:] amendment to 39 CFR part 111 to reflect 3.9 Move Update Standard The Move Update standard is a means these changes if our proposal is of reducing the number of mailpieces in 3.9.1 Basic Standards adopted. a mailing that require forwarding or [Revise the introductory paragraph of return by the periodic matching of a Stanley F. Mires, 3.9.1 to read as follows:] The Move Update standard is a means mailer’s address records with change-of- Chief Counsel, Legislative. of reducing the number of mailpieces in address orders received and maintained [FR Doc. 2010–23578 Filed 9–20–10; 8:45 am] by the USPS. For the purposes of this a mailing that require forwarding or BILLING CODE 7710–12–P return by the periodic matching of a standard, address means a specific mailer’s address records with change-of- address associated with a specific address orders received and maintained occupant name. The online USPS Guide ENVIRONMENTAL PROTECTION by the USPS. For the purposes of this to Move Update (available at AGENCY standard, address means a specific ribbs.usps.gov) contains more detailed address associated with a specific information on the procedures and 40 CFR Part 52 occupant name. The online USPS Guide methods for meeting this standard. Addresses subject to the Move Update [EPA–R04–OAR–2010–0289–201018(b); to Move Update (available at FRL–9203–8] ribbs.usps.gov) contains more detailed standard must meet these requirements: information on the procedures and * * * * * Approval and Promulgation of methods for meeting this standard. 700 Special Standards Implementation Plans Alabama: Addresses subject to the Move Update Volatile Organic Compounds standard must meet these requirements: * * * * * AGENCY: Environmental Protection * * * * * 705 Advanced Preparation and Agency (EPA). Special Postage Payment Systems 400 Commercial Parcels ACTION: Proposed rule. * * * * * * * * * * SUMMARY: EPA is proposing to approve 22.0 Full-Service Automation Option 430 First-Class Mail a revision to the Alabama State * * * * * Implementation Plan (SIP) submitted by 433 Prices and Eligibility the Alabama Department of 22.4 Additional Standards * * * * * Environmental Management (ADEM) on * * * * * March 3, 2010. The proposed revision 3.0 Basic Standards for First-Class would modify the definition of ‘‘volatile Mail Parcels 22.4.2 Address Correction Notices organic compounds’’ (VOCs) found at * * * * * [Revise the introductory paragraph of Alabama Administrative Code section 22.4.2 to read as follows:] 335–3–1–.02(gggg). Specifically, the 3.5 Move Update Standard Mailers presenting letters and flats revision would add two compounds 3.5.1 Basic Standards (except for those noted below) that (propylene carbonate and dimethyl qualify for the full-service Intelligent carbonate) to the list of those excluded [Revise the introductory paragraph of Mail option will receive address from the VOC definition on the basis 3.5.1 to read as follows:] correction notices when the pieces are that these compounds make a negligible The Move Update standard is a means encoded with Intelligent Mail barcodes contribution to tropospheric ozone of reducing the number of mailpieces in with ‘‘Address Service Requested’’ or formation. ADEM is seeking to update a mailing that require forwarding or ‘‘Change Service Requested’’ under its SIP to be consistent with the federal return by the periodic matching of a standards for the Intelligent Mail rule finalized by EPA on January 21, mailer’s address records with change-of- barcode and under the following 2009, which excludes these compounds address orders received and maintained conditions: from the regulatory definition of VOC. by the USPS. For the purposes of this This action is being taken pursuant to standard, address means a specific * * * * * c. * * * Address correction notices Section 110 of the Clean Air Act. address associated with a specific for mailpieces in full-service mailings occupant name. The online USPS Guide DATES: Written comments must be are available for: to Move Update (available at received on or before October 21, 2010. [Revise the text of items c1 and c3 to ribbs.usps.gov) contains more detailed ADDRESSES: Submit your comments, read as follows:] identified by Docket ID No. EPA–R04– information on the procedures and 1. First-Class Mail letters and flats, methods for meeting this standard. OAR–2010–0289, by one of the provided at no charge up to 95 days following methods: Addresses subject to the Move Update from first notice (printed endorsement standard must meet these requirements: 1. http://www.regulations.gov: Follow not required for letters). the on-line instructions for submitting * * * * * * * * * * comments. 440 Standard Mail 3. Standard Mail letters and flats and 2. E-mail: [email protected]. BPM flats, provided at no charge up to 3. Fax: (404) 562–9019. 443 Prices and Eligibility 95 days from first notice. See Notice 4. Mail: EPA–R04–OAR–2010–0289, * * * * * 123—Price List for charges after 95 days. Regulatory Development Section, Air

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Planning Branch, Air, Pesticides and DEPARTMENT OF THE INTERIOR Mailstop 4107, Arlington, VA 22203– Toxics Management Division, U.S. 1610; or 703–358–2329. Environmental Protection Agency, Fish and Wildlife Service SUPPLEMENTARY INFORMATION: Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 50 CFR Parts 10, 13, 21, and 22 Public Comments 5. Hand Delivery or Courier: Ms. [FWS–R9–MB–2008–0103] You may submit your comments and Lynorae Benjamin, Chief, Regulatory [91200–1231–9BPP] materials concerning this proposed rule by one of the methods listed in the Development Section, Air Planning RIN 1018–AI97 Branch, Air, Pesticides and Toxics ADDRESSES section. Please note that we may not consider comments we receive Management Division, U.S. Migratory Bird Permits; Possession after the date specified in the DATES Environmental Protection Agency, and Educational Use section in our final determination. Region 4, 61 Forsyth Street, SW., AGENCY: Fish and Wildlife Service, Before including your address, phone Atlanta, Georgia 30303–8960. Such Interior. number, e-mail address, or other deliveries are only accepted during the ACTION: Proposed rule. personal identifying information in your Regional Office’s normal hours of comment, you should be aware that we operation. The Regional Office’s official SUMMARY: The U.S. Fish and Wildlife will post your entire comment— hours of business are Monday through Service (‘‘we’’ or ‘‘the Service’’) is including your personal identifying Friday, 8:30 a.m. to 4:30 p.m., excluding proposing a permit regulation to information—on http:// federal holidays. authorize the possession and use of www.regulations.gov. While you can ask Please see the direct final rule which migratory birds in educational programs us in your comment to withhold your and exhibits. The proposed rule also is located in the Rules section of this personal identifying information from would revise existing regulations Federal Register for detailed public review, we cannot guarantee that authorizing public exhibition of eagles. instructions on how to submit we will be able to do so. In addition, it would remove the permit comments. Comments and materials we receive, exemption for some public institutions as well as supporting documentation we FOR FURTHER INFORMATION CONTACT: Mr. for possession of live migratory birds used in preparing this proposed rule, Zuri Farngalo, Regulatory Development and migratory bird specimens, and will be available for public inspection Section, Air Planning Branch, Air, clarify that birds held under the on http://www.regulations.gov, or by Pesticides and Toxics Management exemption must be used for appointment, during normal business conservation education. For specimens Division, U.S. Environmental Protection hours, at the U.S. Fish and Wildlife such as feathers, parts, carcasses, Agency, Region 4, 61 Forsyth Street, Service, Division of Migratory Bird nonviable eggs, and nests, the SW., Atlanta, Georgia 30303–8960. Mr. Management, 4501 North Fairfax Drive, regulations would be updated and Farngalo may be reached at (404) 562– 4th Floor, Arlington, VA 22203–1610; clarified to more accurately reflect the telephone 703–358–2329. 9152, or [email protected]. types of institutions that may hold SUPPLEMENTARY INFORMATION: For specimens for public educational Background additional information see the direct purposes. The regulations would allow The Migratory Bird Treaty Act final rule which is published in the exempt institutions to transfer migratory (MBTA) (16 U.S.C. 703 et seq.) prohibits Rules Section of this Federal Register. birds to individuals and entities possession of any bird protected by In the Final Rules Section of this authorized by permit to possess them. treaties between the United States and Federal Register, EPA is approving the Sale and purchase by permittees and Canada, Mexico, Japan, and Russia State’s SIP revision as a direct final rule exempt institutions would be restricted unless the possession is authorized without prior proposal because the to properly-marked, captive-bred birds. under regulation and/or by permit. Agency views this as a noncontroversial DATES: Submit written comments on or Birds protected by the MBTA are submittal and anticipates no adverse before December 20, 2010, to the referred to as ‘‘migratory birds.’’ The comments. A detailed rationale for the address below. Service regulates the use of migratory approval is set forth in the direct final ADDRESSES: You may submit comments birds through regulations at parts 20 and by one of the following methods: 21 of title 50 of the Code of Federal rule. If EPA receives no adverse • comments in response to this notice, no Federal eRulemaking Portal: http:// Regulations (CFR). Unless exempt under www.regulations.gov. Follow the further activity is contemplated. If EPA regulations at 50 CFR 21.12, you must instructions for submitting comments. receives adverse comments, EPA will obtain a permit from the Service to • U. S. mail or hand-delivery: Public possess a migratory bird for use in withdraw the direct final rule and will Comments Processing, Attn: RIN 1018– educational programs. Because there are address all public comments received in AI97; Division of Policy and Directives currently no specific educational-use a subsequent final rule based on this Management; U. S. Fish and Wildlife permit regulations, we authorize proposed rule. EPA will not institute a Service; 4401 North Fairfax Drive, Suite educational activities that involve second comment period on this 222; Arlington, VA 22203–1610. migratory birds using Special Purpose document. Any parties interested in We will post all comments on http:// permits issued under 50 CFR 21.27, commenting on this document should www.regulations.gov. This generally which provides for permits for activities do so at this time. means that we will post any personal not specifically authorized by an Dated: September 3, 2010. information you provide us (see the existing permit category. In the absence Public Comments section below for A. Stanley Meiburg, of specific regulations addressing more information). educational activities using migratory Acting Regional Administrator, Region 4. FOR FURTHER INFORMATION CONTACT: birds, the terms and requirements [FR Doc. 2010–23536 Filed 9–20–10; 8:45 am] Eliza Savage, Division of Migratory Bird governing this activity are currently set BILLING CODE 6560–50–P Management, U. S. Fish and Wildlife forth in a list of standard conditions Service, 4401 North Fairfax Drive, issued with each permit.

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Through this rulemaking, we propose Service. As long as this condition is As long as the permittee satisfies the to establish educational-use permit met, migratory birds may be used in requirements for being open to the regulations to hold live nonreleasable or conservation education programs at general public, he or she can also captive-bred migratory birds and commercial venues. We believe that present programs for private or nonliving specimens thereof for use in commercial venues can provide invitation-only gatherings, provided that teaching people about migratory bird opportunities to bring conservation the required conservation message is conservation and ecology. The public messages to large numbers of people presented and all the other conditions of input we receive in response to this who may not otherwise be exposed to the permit are met. proposed rule will help us develop final this type of educational program. We recognize that the requirement regulations that will provide The permit would require permittees that each bird be used in a minimum of consistency and clarity in the to conduct a minimum of 12 public 12 public educational programs per year administration of permits for migratory educational programs per year that are could be hard on old or ailing birds. If bird educational activities nationwide, open to the general public or presented it would no longer be humane to use a and ensure that migratory birds are used at an accredited public or private school bird for educational programs, the humanely and in a manner consistent with the birds held under the permit. A educator could request an exception with the protections afforded by the facility such as a zoo, in which birds are from their permit office from using that MBTA. displayed in permanent enclosures and bird in the required 12 programs. We drafted this proposed regulation not presented in demonstrations or We propose to use two publications as with the benefit of public comment programs, must be open to the general guidance for evaluating facilities and received in response to an advance public at least 400 hours per year. The experience for the housing and care of notice of proposed rulemaking requirement that displays or programs migratory birds and eagles held under published in the Federal Register on be open to the general public or this permit. For raptors, we would use October 13, 2005 (70 FR 59710). In that presented in a formal educational the housing recommendations of the notice, we solicited public input on setting is integral to the purpose of the University of Minnesota Raptor Center’s facilities standards, experience criteria, permit, because migratory birds are a Raptors in Captivity: Guidelines for Care and commercialization, among other public resource, and because it is the and Management (2007). For other issues associated with use of migratory Service’s mission to further their migratory birds, we would use the birds for educational purposes. We conservation. We would issue National Wildlife Rehabilitator’s received more than 200 comments, most educational permits only when the Association’s Wildlife in Education: A of which were quite detailed and public would benefit by gaining a Guide for the Care and Use of Program substantive, and were integral to greater understanding of the wild nature Animals (2004). The recommendations crafting this proposed regulation. and conservation status of migratory in the two publications would serve as The primary purpose of the proposed birds. permit is to authorize conservation Being open to the general public does guidance for the issuing office; we could education programs. Each program not mean that presentations conducted authorize variation from the standards would have to provide a message about under this permit must be free of charge. where doing so would be reasonable migratory bird conservation, natural For migratory bird permits, we define and necessary to accommodate a history, biology, or ecology. As one ‘‘open to the general public’’ as particular educator’s circumstances, and commenter suggested, the permit’s ‘‘available to the general public and not would not adversely affect any bird held purpose is to ‘‘instill in a person restricted to any individual or set of by the educator. The proposed rule memorable information that benefits individuals, whether or not a fee is contains a ‘‘grandfather clause,’’ which birds or the natural world.’’ The message charged.’’ Therefore, the required states, in part: ‘‘If your facilities have does not necessarily need to be spoken programs cannot be limited to specific already been approved by the Service on to be conveyed; creating an attitude can audiences; all members of the public the basis of photographs and diagrams, be as important as imparting would have to be eligible to attend the and authorized under a § 21.27 Special information. As long as the program programs. The exception would be Purpose-Education permit or § 22.21 addresses conservation, natural history, classrooms in accredited schools Eagle Exhibition permit, then they are biology, and/or ecology, it may also (because most accredited schools are authorized under your new permit contain additional educational content open to the public, even though specific issued under this section, unless those on other topics such as Native American classes may be closed to a wider facilities have materially diminished in cultural heritage or falconry. The audience). To illustrate what is meant size or quality from what was requirement to have a conservation by ‘‘open to public,’’ a wedding authorized when you last renewed your message does not preclude reception limited to guests who received permit, or unless you wish to expand presentations with migratory birds from a wedding invitation is not open to the the authorizations granted by your being entertaining. As another general public, whereas, an educational permit (e.g., the number or types of commenter put it, ‘‘laughter and program offered at a national park is. As birds you hold).’’ amusement open pathways for receptive another example, Disneyland is open to Similar to the provisions of the learning. The goal is to inspire.’’ the general public because anyone who migratory bird rehabilitation However, this permit would not allow is willing to pay the admission fee may regulations, this proposed rule would use of a migratory bird in a presentation be admitted. require subpermittees to be at least 18 in which the bird is induced to perform Provided that the conservation years old. This requirement does not tricks or imitate human or other education component is a prominent prevent a permittee from allowing behavior unnatural for the species. element within the presentation, the younger persons to participate in the Under no circumstance would we programs are open to the general public, activities authorized by permit; a authorize the use of migratory birds to no product is endorsed, and all the volunteer is not required to be a endorse or promote any product or conditions for possessing birds under subpermittee if he or she is supervised service, other than the conservation the permit are satisfied, this permit by the permittee or a subpermittee, and objectives of a sponsor, the permit would be available to for-profit this would apply to persons under 18 holder, or the U.S. Fish and Wildlife institutions. years of age.

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This rule would limit the sale and eagle permits through definitions we Fourth, under the proposed eagle purchase of birds held under the permit propose under part 22 (see below). educational-use regulations, permits to the following categories: (1) raptors would authorize possession of non- Eagle Educational Use bred under a Raptor Propagation permit living eagle specimens only if they were and marked with a seamless metal band This proposed rule would also revise lawfully acquired prior to March 30, provided by the Service, (2) waterfowl regulations governing possession and 1994, with very limited exceptions. That bred under a Waterfowl Sale and use of bald eagles (Haliaeetus is the date that the Service began Disposal permit and marked in leucocephalus) and golden eagles implementing Director’s Order 69, accordance with 50 CFR 21.13, and (3) (Aquila chrysaetos) for educational which requires Service employees to game birds bred under a Special purposes. Currently, regulations ensure that all eagle specimens are sent Purpose Game Bird permit and marked governing the use of eagles for to the National Eagle Repository, the in accordance with 50 CFR 21.13. exhibition purposes are at 50 CFR 22.21. Service’s distribution center for eagle Permittees would be authorized to sell The existing eagle exhibition permit parts and feathers for Native American and purchase such birds to and from regulations are combined with eagle religious use. Consequently, these one another and to and from holders of scientific permit regulations and regulations provide that we may permit other types of permits that authorize addressed in the same section at 50 CFR transfer and possession only of purchase and sale of such birds. 22.21. This proposed rule separates the specimens that were already lawfully Transfer of other migratory birds held two activities to create stand-alone eagle possessed prior to that date, unless the under the permit would be allowed by exhibition (educational-use) regulations. specimen lacks ceremonial value due to donation only. Permittees would not be These proposed eagle educational-use poor condition or some other reason. As authorized to breed birds held under the regulations largely incorporate by provided in Director’s Order 69, the reference the regulations proposed permit. Regional Director may make exceptions herein for possessing other MBTA- for important resource needs. The proposed rule contains guidance protected birds for educational we would use to evaluate applicants’ Finally, the eagle educational-use purposes. They differ only in a few regulations, in keeping with Director’s experience to determine what species aspects. First, all live eagles held under they are qualified to hold. The table Order 69, would require all carcasses the regulation would have to be and feathers that are not needed for addresses only the more commonly- nonreleasable (whereas permits for used raptors, as well as corvids, because imping (feather replacement) purposes other migratory bird species would for other live eagles to be sent to the those are the species for which we have authorize possession of captive-bred, as National Eagle Repository. some information on which to base our well as nonreleasable, birds). Second, as Please note that although eagle criteria, including recommendations mandated by the Bald and Golden Eagle scientific permit regulations are from the publications noted above and Protection Act (Eagle Act) (16 U.S.C. included in this proposed rulemaking, from commenters responding to our 668 et seq.), only public museums, we are not making any revisions to 2005 notice regarding this proposed public scientific societies, and public those regulations at this time, except (1) rulemaking. In response to commenters, zoological parks are allowed under the as is necessary to separate the exhibition we placed the more commonly-used Eagle Act to obtain permits to exhibit regulations from them (such as species into four experience categories, eagles. The rule proposes regulatory removing the phrases ‘‘and exhibition’’ according to the skill and experience definitions for ‘‘public museum,’’ and ‘‘or exhibition’’ throughout the needed to handle them. Some species of ‘‘public scientific society,’’ and ‘‘public regulation), and (2) changing the name migratory birds not listed in the table zoological park’’ to remove ambiguity of the permits from ‘‘Scientific collecting may be suitable for educational use, but about who may qualify to receive eagle purposes’’ to ‘‘Scientific purpose,’’ since we would need more information to educational use permits. The new those permits do not always authorize assess their suitability and the definitions are intended to be as broad collection of specimens from the wild. experience needed to handle and care as possible within the intent of the Eagle To remove the references to ‘‘exhibition’’ for them. Accordingly, we are Act so as not to unnecessarily restrict from § 22.21, it was necessary to specifically soliciting input from placement of eagles for educational use publish the text of the entire section, but persons with some knowledge of and/or with otherwise qualified individuals we are not proposing any other experience with the 30 MBTA-protected and organizations. See our October 13, revisions to it at this time. raptor species not listed in the table, as 2005, Federal Register notice at 70 FR Adding the definitions of ‘‘public well as other species of migratory birds, 59712, for more discussion of this issue. museum,’’ ‘‘public scientific society,’’ regarding temperament and other Third, differences between the MBTA and ‘‘public zoological park’’ to the part physical and behavioral traits that could and the Eagle Act necessitate different 22 eagle regulations could affect affect their suitability for educational requirements for international transport scientific permitting by clarifying use. of eagle specimens than for other eligibility of applicants. However, the To clarify terms used in this migratory bird specimens. The Eagle Act new definitions are not intended to rulemaking, we propose several new and implementing regulations at 50 CFR change the provisions of the eagle regulatory definitions that would apply 22.12(a) prohibit permanent export or scientific permit regulations; we to migratory bird permits. The terms we import of bald eagles. Thus, the propose them here simply to clarify propose to define are ‘‘nonreleasable proposed eagle regulations differ from existing provisions for all eagle permits. bird,’’ ‘‘open to the general public,’’ the proposed migratory bird regulations In separating the permit regulations ‘‘public institution,’’ ‘‘public museum,’’ because they incorporate existing for eagle exhibition from eagle scientific and ‘‘public zoological park.’’ We also regulations for exhibitions of eagle collecting, ‘‘take’’ of eagles would no propose to amend the definition of specimens that are taken out of and longer be authorized under the ‘‘public’’ in 50 CFR part 10.12 to remove returned to the United States. Except for exhibition regulations. This ‘‘revision’’ its application to migratory bird and re-formatting and the addition of a actually maintains the status quo: the eagle permits, since we are clarifying three-year maximum permit duration, only take of eagles that we have how it applies to migratory bird permits the eagle transport regulations would be permitted under the existing eagle through the above definitions and to unchanged. exhibition/scientific regulations was for

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scientific collecting. The proposed Transition of Current Permittees to that the exemption is only for purposes regulations continue our policy of not Permits under New Regulations of public conservation education and issuing permits to take eagles from the Current Special Purpose-Education scientific research. Exempt institutions wild for exhibition purposes. permit holders and current Eagle would be allowed to transfer migratory The current eagle exhibition/scientific Exhibition permit holders need not take bird specimens to other exempt entities or to persons authorized by permit to permit regulations are silent as to any special action as a result of the new possess such birds. The intent of the whether eagles used under the permit rule, if promulgated as proposed. When language within current regulations at § must be nonreleasable. Nevertheless, in it is time to renew their permits, they 21.12(b)(1) regarding to whom exempt keeping with the Eagle Act’s should apply for renewal using the Service permit renewal form mailed to institutions may donate birds is unclear requirement that the Secretary of the and has been interpreted to limit Interior shall issue permits to take and them by their Regional Permit Office. The permits will be renewed under the transfer of birds only to other exempt possess eagles only when ‘‘it is entities. compatible with the preservation of the new permit categories created by this rule. The rule would limit the permit bald eagle or the golden eagle’’ (16 exception for possession of live birds to U.S.C. 668a), we have issued permits for Application and Annual Reporting institutions accredited by the eagle exhibition only for nonreleasable Requirements Association of Zoos and Aquariums eagles. Taking eagles from the wild is This proposed rule does not specify (AZA). All other individuals and necessary for some scientific research what information an applicant must entities that keep live birds for and other purposes, but it is not submit to apply for an educational-use education purposes would be required required for educational use because permit or to file an annual report, other to obtain an educational use permit sufficient numbers of nonreleasable than that he or she must submit a within one year after the final rule eagles are available for use in completed application form, including becomes effective. The permit-exempt educational programs. Therefore, the any required attachments, to apply for a AZA institutions would be required to proposed eagle educational-use permit; and for annual reporting, the comply with the husbandry standards regulations codify our policy of permittee must submit all the and several other conditions that apply authorizing possession of nonreleasable information required on the report form. to permittees. These revisions would eagles only. By avoiding codification of application ensure that all entities that hold live birds for educational use are held to the Fees and Permit Tenure and reporting requirements, we can revise application and reporting same standards. Sale and purchase We propose an application processing requirements without undergoing the between exempt institutions and fee of $100 for the educational use time-consuming rulemaking process. permittees and among exempt permit. This is $25 more than the $75 However, the public will have the institutions would be restricted to fee we currently assess for processing opportunity to provide input on the captive-bred migratory birds. The rule the Special Purpose permit and the content of these forms. All forms must would not allow exempt institutions to take birds from the wild; to do that, a Eagle Exhibition permit. However, the be approved by the Office of scientific-purpose permit must be term of the proposed educational use Management and Budget every three obtained. permit would be five years, instead of years, and as part of that process, all Entities that were previously the current three years, reducing the new forms and all changes to forms are exempted from the permit requirement average cost per year. We propose to subject to public review via a series of would be allowed to retain any implement a $50 amendment fee for notices in the Federal Register. We are not proposing any substantive changes migratory live birds and dead specimens substantive permit amendments, such as already in their possession on the date a change in the location and housing for to the existing application and report forms at this time. We will continue to the rule becomes effective without a the birds, increasing the number or use FWS Form 3–200–10c as the permit. However, a permit would be species of birds, or adding new species application form for a permit to possess required to acquire and possess any to be held under the permit. live birds for educational use, FWS additional live migratory bird, including Amendments for these types of permits Form 3–200–10d to apply for possession progeny, or migratory bird specimen are generally time-consuming and the of dead migratory bird specimens for after that date without first obtaining the $50 amendment fee will help us recoup educational use, and FWS Form 3–200– appropriate permit. Nor would such a larger portion of the costs of 14 for possession of eagles and eagle ‘‘grandfathered’’ holders be allowed to administering these types of permits. To specimens for educational use. sell or transfer live birds or dead prevent an undue burden on the specimens without a permit. Live birds permittee and unnecessary workload for Revisions to Migratory Bird Permit must be held under the husbandry the Service, permits would authorize Exceptions standards of 21.32(b)(1)(i) though (vii) the maximum number of birds—and This rule also proposes to amend and 21.32(b)(2). species—for which the permittee regulations governing general migratory Entities that remain exempt from the qualifies, based on (1) facilities and bird permit exceptions under § 21.12. permit requirement to hold dead caging, (2) the nature of the educational Some entities (such as municipal game specimens would be allowed to accept programs, and (3) the permittee’s farms) exempted under current such specimens from members of the experience in handling and caring for regulations for possession of specimens public who, without a permit, pick them birds and presenting programs. such as feathers, mounts, bones, nests, up. Those persons would be exempt Authorizing the upper limit of birds and and nonviable eggs would no longer be from the permit requirement for such species will limit the need for exempted from the permit requirement, one-time salvage provided they amendments to situations where the generally because those entities do not promptly donate the specimens to a permittee substantially modifies his or provide conservation education. The person or institution authorized to her facilities, experience, and/or rule clarifies what entities qualify under possess the specimens by permit or educational programs. the remaining exemptions and specifies permit exception.

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We also propose new permit accordance with the guidance in E.O. permits would be assessed a $50 exemptions to allow Federal, State, 13186. amendment fee if this rule is adopted. tribal, or local natural resource agencies Regulatory Planning and Review (E. We estimate approximately 100 to collect and hold birds in the course O. 12866). The Office of Management permittees per year would pay this fee, of official duty. Finally, employees and and Budget (OMB) has determined that totaling $5,000. Fees for new permits agents of the National Oceanic and this rule is not significant and has not and permit renewals would increase by Atmospheric Administration’s National reviewed this rule under Executive $25 (from $75 to $100). We currently Marine Fisheries Service, U.S. Order 12866 (E. O. 12866). OMB bases receive approximately 150 new permit Department of Commerce, who monitor its determination upon the following applications and 200 renewals for bycatch on fishing trawlers would not four criteria: migratory bird Special Purpose need a permit to possess migratory birds (a) Whether the rule will have an education and Eagle Exhibition permits when carrying out those duties. annual effect of $100 million or more on per year. Were that to continue, the total the economy or adversely affect an permit application fee revenue increase Minor Revisions to Rehabilitation economic sector, productivity, jobs, the would be $8,750 per year. However, this Permit Regulations environment, or other units of the permit regulation would also extend the We propose three minor amendments government. permit term from three years to five to regulations governing permits for (b) Whether the rule will create years, reducing total renewal fees by 40 migratory bird rehabilitation at 50 CFR inconsistencies with other Federal percent ($20,000 x .4 = $8,000) per year, 21.31 because both changes have some agencies’ actions. resulting in an overall fee increase of relation to the use of birds held for (c) Whether the rule will materially approximately $750 ($8,750 - $8,000) educational use. First, we propose affect entitlements, grants, user fees, per year if the number of permittees limited conditions under which birds loan programs, or the rights and were to remain unchanged. However, undergoing rehabilitation for release to obligations of their recipients. since this rule would likely result in (d) Whether the rule raises novel legal the wild can be intermingled with birds about 200 new permittees who would be or policy issues. subject to application and renewal fees held under other types of permits. They Regulatory Flexibility Act. Under the could be housed with birds held under (as discussed above), averaging 40 new Regulatory Flexibility Act (5 U. S. C. renewals ($4,000) per year, the net cost another type of permit only for fostering 601 et seq., as amended by the Small purposes, and only if the fostering bird to permittees from this rulemaking will Business Regulatory Enforcement be $4,750 per year ($4,000 + $750). continues to be used according to the Fairness Act (SBREFA) of 1996), purposes and conditions of the permit Therefore, we certify that this action whenever an agency is required to would not have a significant economic under which it is held. publish a notice of rulemaking for any Second, we propose to allow impact on a substantial number of small proposed or final rule, it must either entities. A final Regulatory Flexibility nonreleasable birds to be kept certify that the rule will not have a indefinitely under the rehabilitation Analysis is not required. significant economic impact on a Small Business Regulatory permit for purposes of foster parenting. substantial number of small entities Enforcement Fairness Act (SBREFA). Currently, the rehabilitation permit (small business, small organizations, This rule is not a major rule under 5 regulations require that all and small governmental jurisdictions), U.S.C. 804(2), the Small Business nonreleasable birds be transferred to or prepare and make available for public Regulatory Enforcement Fairness Act. other types of permits, such as comment a regulatory flexibility This rule would not have an annual educational use. However, the analysis that describes the effect of the effect on the economy of $100 million educational use permit authorizes rule on small entities. or more. It would not cause a major possession only of birds used for We have examined this proposed increase in costs or prices for educational purposes, and in some rule’s potential effects on small entities consumers, individual industries, cases, a bird not suitable for educational as required by the Regulatory Flexibility Federal, State, or local government use may make a good foster parent for Act. We estimate the proposed revisions agencies, or geographic regions. This orphaned young or juveniles undergoing to permit exemptions would require a rule would not have a significant rehabilitation. This amendment to the permit to be obtained by about 400 adverse effect on competition, rehabilitation permit regulations would institutions that are currently exempt employment, investment, productivity, allow a suitable nonreleasable bird to be from the permit requirement. Because innovation, or the ability of U. S. -based held under the rehabilitation permit approximately half of those institutions enterprises to compete with foreign- indefinitely for foster parenting are governmentally funded and/or based enterprises. purposes if authorized by the regional operated, they would not need to pay an Unfunded Mandates Reform Act. In migratory bird permit office. application fee. Thus, if this proposal is accordance with the Unfunded Finally, we are adding the adopted in full, we could expect about Mandates Reform Act (2 U.S.C. 1501, et requirement that the rehabilitator 200 institutions to pay a permit seq.): receive approval from the permit office application fee that did not need to do a. This rule would not ‘‘significantly before transferring a releasable wild so prior to this rulemaking, for a total or uniquely’’ affect small governments. raptor to a permitted falconer cost of $20,000 (200 x $100 per A Small Government Agency Plan is not authorized to hold eagles under his or application). required. We have determined and her falconry permit. Some institutions that were certified pursuant to the Unfunded Required Determinations previously exempt would incur costs in Mandates Reform Act, 2 U.S.C. 1502 et upgrading facilities to the standards seq., that this rulemaking would not Responsibilities of Federal Agencies required of permittees. However, we do impose a cost of $100 million or more To Protect Migratory Birds (Executive not expect those costs to be high in any given year on local or State Order 13186). This proposed rule has because many of these institutions government or private entities. been evaluated for impacts to migratory already have suitable facilities. b. This rule would not produce a birds, with emphasis on species of Some permittees who need Federal mandate of $100 million or management concern, and is in substantive amendments made to their greater in any year. It is not a

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‘‘significant regulatory action’’ under the permits we issue to be categorically Care and Use of Program Animals. Unfunded Mandates Reform Act. excluded under 516 DM 8.5(C)(1) National Wildlife Rehabilitators Takings. In accordance with because they will cause no Association, St. Cloud, Minnesota. Executive Order 12630, the rule does environmental disturbance. List of Subjects in 50 CFR Part 10 not have significant takings Government-to-Government implications. This rule would not result Relationship with Tribes. In accordance Exports, Fish, Imports, Law in the physical occupancy of property, with the President’s memorandum of enforcement, Plants, Transportation, the physical invasion of property, or the April 29, 1994, ‘‘Government-to- Wildlife. regulatory taking of any property. A Government Relations with Native takings implication assessment is not American Tribal Governments’’ (59 FR List of Subjects in 50 CFR Part 13 required. 22951), E.O. 13175, and 512 DM 2, the Administrative practice and Federalism. In accordance with Service did not consult with tribal procedure, Exports, Fish, Imports, Executive Order 13132, and based on authorities because this rule will have Plants, Reporting and recordkeeping the discussions in the Regulatory no effect on federally-recognized Indian requirements, Transportation, Wildlife. Planning and Review section above, this tribes. rule does not have significant Energy Effects—Executive Order List of Subjects in 50 CFR Part 21 Federalism effects. A Federalism 13211. On May 18, 2001, the President Exports, Hunting, Imports, Reporting assessment is not required. Due to the issued Executive Order 13211 on and recordkeeping requirements, migratory nature of certain species of regulations that significantly affect Transportation, Wildlife. birds, the Federal Government has been energy supply, distribution, and use. given responsibility over these species Executive order 13211 requires agencies List of Subjects in 50 CFR Part 22 by the Migratory Bird Treaty Act. This to prepare Statements of Energy Effects Exports, Imports, Reporting and rule does not have a substantial effect when undertaking certain actions. This recordkeeping requirements, on fiscal capacity, change the roles or proposed rule is not a significant Transportation, Wildlife. responsibilities of Federal or State regulatory action under Executive Order governments, or intrude on State policy 12866, and it is not expected to For the reasons set forth in this or administration. adversely affect energy supplies, preamble, we propose to amend title 50, Civil Justice Reform. In accordance distribution, or use. Therefore, this chapter I, subchapter B of the CFR as with Executive Order 12988, the Office action is not a significant energy action follows: of the Solicitor has determined that the and no Statement of Energy Effects is rule does not unduly burden the judicial required. PART 10 – GENERAL PROVISIONS system and meets the requirements of 1. The authority citation for part 10 sections 3(a) and 3(b)(2) of the Order. Clarity of This Proposed Rule continues to read as follows: Paperwork Reduction Act. This We are required by Executive Orders proposed rule does not contain new or 12866 and 12988 and by the Authority: 18 U.S.C. 42; 16 U.S.C. 703– revised information collection for which 712; 16 U.S.C. 668a–d; 19 U.S.C. 1202; 16 Presidential Memorandum of June 1, U.S.C. 1531–1544; 16 U.S.C. 1361–1384, Office of Management and Budget 1998, to write all rules in plain approval is required under the 1401–1407; 16 U.S.C. 742a–742j-1; 16 U.S.C. language. This means that each rule we 3371–3378. Paperwork Reduction Act (44 U.S.C. publish must: 2. Amend § 10.12 by revising the 3501 et seq.). Information collection (a) Be logically organized; definition of ‘‘Public’’ as set forth below: associated with migratory bird permit (b) Use the active voice to address programs is covered by existing OMB readers directly; § 10.12 Definitions. Control No. 1018–0022, which expires (c) Use clear language rather than on November 30, 2010. The Service may * * * * * jargon; Public as used in referring to not conduct or sponsor, nor is a person (d) Be divided into short sections and museums, zoological parks, and required to respond to, a collection of sentences; and scientific or educational institutions, information unless it displays a current (e) Use lists and tables wherever refers to those that are open to the valid OMB control number. possible. general public and are either National Environmental Policy Act If you feel that we have not met these (NEPA) (42 U.S.C. 4321 et seq.). We established, maintained, and operated requirements, send us comments by one as a governmental service or are have determined that this rule is of the methods listed in the ADDRESSES categorically excluded under the privately endowed and organized but section. To better help us revise the not operated for profit. This definition Department’s NEPA procedures in 516 rule, your comments should be as DM 8.5(A)(1) because this rule codifies does not apply to the term ‘‘public’’ as specific as possible. For example, you used in migratory bird and eagle permit policies the Service is already should tell us the numbers of the implementing under a different regulations. With reference to migratory sections or paragraphs that are unclearly bird and eagle permits, see definitions regulation with changes that have ‘‘no or written, which sections or sentences are minor potential environmental impact.’’ under § 21.3 and § 22.3 of this too long, the sections where you feel subchapter. The rule also is categorically excluded lists or tables would be useful, etc. under 516 DM 2.3(A)(9) because it is a * * * * * regulation that is legal and procedural Literature Cited PART 13 – GENERAL PERMIT in nature with environmental effects Arent, Lori, R. 2007. Raptors in PROCEDURES that are too speculative to lend Captivity: Guidelines for Care and themselves to meaningful analysis and Management. The Raptor Center, 3. The authority citation for part 13 will later be subject to the NEPA process College of Veterinary Medicine at the continues to read as follows: on a case-by-case basis. Although each University of Minnesota, St. Paul, Authority: 16 U.S.C. 668a, 704, 712, 742j– permit issued under these proposed Minnesota. 1, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, regulations would be subject to the Buhl, Gail and Lisa Borgia. 2004. 4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 NEPA process, we expect most if not all Wildlife in Education: A Guide for the U.S.C. 9701.

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4. Amend the table in § 13.11(d)(4) as Rehabilitation’’ to read as set forth e.Under the heading ‘‘Bald and follows: below; Golden Eagle Protection Act,’’ add an ‘‘ a.Under the heading ‘‘Migratory Bird c.Under the heading Bald and entry for ‘‘Eagle Educational Use’’ Golden Eagle Protection Act,’’ remove Treaty Act,’’ remove the entry for immediately following the entry for the entries for ‘‘Eagle Scientific ‘‘ ’’ ‘‘Migratory Bird Special Purpose/ Golden Eagle Nest Take to read as set Collecting’’ and ‘‘Eagle Exhibition’’; forth below. Education;’’ d.Under the heading ‘‘Bald and b.Under the heading ‘‘Migratory Bird Golden Eagle Protection Act,’’ add an § 13.11 Application procedures. Treaty Act,’’ add an entry for entry for ‘‘Eagle Scientific Purpose’’ as * * * * * ‘‘Educational Use’’ immediately the first entry to read as set forth below; (d) * * * following the entry for ‘‘Migratory Bird and (4) User fees. * * *

Type of Permit CFR Citation Fee Amendment Fee

MIGRATORY BIRD TREATY ACT

*******

Educational Use 50 CFR 21 100 50

*******

BALD AND GOLDEN EAGLE PROTECTION ACT

Eagle Scientific Purpose 50 CFR 22 100 50

*******

Eagle Educational Use 50 CFR 22 100 50

*******

* * * * * Type of permit Section definitions ‘‘Nonreleasable bird’’, ‘‘Open 5. Amend the table in § 13.12(b) as to the general public’’, ‘‘Public follows: Eagle educational use 22.29 institution’’, ‘‘Public museum’’, and a. Add one entry in numerical order ‘‘Public zoological park’’ in alphabetical by section number under ‘‘Migratory ***** order to read as follows: Bird permits’’ for ‘‘Educational use’’ to read as follows; PART 21—MIGRATORY BIRD PERMITS § 21.3 Definitions. b. Remove the entry for ‘‘Scientific or The following definitions are in exhibition’’ under ‘‘Eagle permits;’’ 6. The authority citation for part 21 addition to those contained in part 10 of c. Add two entries in numerical order continues to read as follows: this chapter, and, unless the context of by section number under ‘‘Eagle Authority: Migratory Bird Treaty Act, 40 a section provides otherwise, apply permits’’ for ‘‘Eagle scientific purpose’’ Stat. 755 (16 U.S.C. 703); Public Law 95–616, within this part: and ‘‘Eagle educational use’’ to read as 92 Stat. 3112 (16 U. S. C. 712(2)); Public Law * * * * * set forth below. 106–108, 113 Stat. 1491, Note Following 16 Nonreleasable bird means a migratory U.S.C 703. §13.12 General information requirements bird that has sustained injuries that will on applications for permits. Subpart A—INTRODUCTION likely prevent it from surviving in the wild even after medical treatment and/ * * * * * 7. Amend § 21.2 by revising or rehabilitation, or a migratory bird that (b) * * * paragraph (b) to read as follows: has been imprinted or habituated to § 21.2 Scope of regulations. Type of permit Section human presence and has lost instincts * * * * * necessary to survive in the wild. ***** (b) This part, except for § 21.12(a), Open to the general public means (b)(3), and (c) (general permit available to the general public and not Migratory bird permits: exceptions); § 21.22 (banding or restricted to any individual or set of marking); § 21.29 (Federal falconry individuals, whether or not a fee is ***** standards); § 21.31 (rehabilitation); and charged. Educational use 21. 32 § 21.32 (educational use), does not * * * * * apply to the bald eagle (Haliaeetus Public institution means a public ***** leucocephalus) or the golden eagle museum; public zoological park; or a (Aquila chrysaetos), for which facility that is open to the general Eagle permits: regulations are provided in part 22 of public, provides education through this subchapter. Eagle scientific purpose 22.21 exhibits or regular programs, and is * * * * * maintained and/or operated by a ***** 8. Amend § 21.3 by revising the Federal, State, tribal, or local introductory text and adding the government agency, such as a State

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university, municipal zoo, or county- duties, take and possess migratory birds another; to and from Federal, State, or run nature center. from the wild without a permit if such tribal officials authorized to place such Public museum means a facility action is necessary to aid sick, injured, specimens; and to and from holders of accredited by the American Association or orphaned birds; dispose of dead birds valid permits authorizing possession of of Museums that houses collections of or eggs; or salvage and possess bird them. objects and artifacts of cultural or specimens, parts, nests, or eggs for (ii) The institutions may acquire scientific interest for purposes of scientific purposes. This exemption to nonliving migratory bird specimens, scientific research or public exhibition, salvage migratory birds does not apply except bald eagles and golden eagles, and which is open to the general public to carcasses for which there is from persons who do not have permits at least 400 hours per year on a schedule reasonable evidence to indicate the bird to collect or possess the specimens but of regular, publicized hours. was killed as the result of criminal who salvaged them. For such one-time Public zoological park means a activity, including, but not limited to, salvage activity, the individual will be facility that is either accredited or unauthorized shooting, electrocution, or exempt from the permit requirement for certified as a Related Facility by the collision with wind turbines. collection and possession, provided the Association of Zoos and Aquariums. (2) Any person on a vessel who specimen is promptly donated to an The facility must contain permanent provides observer services required by exempt or permitted entity for scientific collections of live animals, and must the National Marine Fisheries Service or educational purposes. either be open to the general public on (NMFS) under authority of the (iii) The institutions keep accurate a regular basis at least 400 hours per Magnuson-Stevens Fishery and complete records of all migratory year, or must conduct at least 12 Conservation and Management Act of bird specimens in their possession and educational programs each year about 1976 (16 U.S.C. 1801 et seq.); the Marine their source, including the name and ecology and wildlife conservation that Mammal Protection Act of 1972 (16 address of all donors and transferees, for are open to the general public. U.S.C. 1361 et seq.); the Atlantic Tunas 5 calendar years following the end of the calendar year covered by the * * * * * Convention Act of 1975 (ATCA; 16 U.S.C. 971 et seq.); the South Pacific records. (2) Accredited institutional members Subpart B—General Requirements and Tuna Act of 1988 (16 U.S.C. 973 et seq.); of the American Zoo and Aquarium Exceptions and/or the Endangered Species Act of Association do not need a permit to 9. Amend § 21.12 as follows: 1973 (16 U.S.C. 1531 et seq.), and who possess live, nonreleasable or captive- a. By revising the introductory text is either employed by NMFS, employed bred migratory birds, including captive- and paragraph (a), the introductory text by a NMFS-approved observer service bred eggs, for use in education, research, of paragraph (b), and paragraph (b)(1) as provider, or certified by NMFS and or propagation. Accredited AZA set forth below; employed directly by a fishery institutions may acquire such birds or b. By redesignating paragraph (b)(2) as participant, may, without a permit, paragraph (b)(3); eggs from or transfer such birds or eggs possess and transport dead migratory to other accredited institutional c. By adding a new paragraph (b)(2) to birds or parts found during the read as set forth below; and members of the American Zoo and performance of their official duties as Aquarium Association (AZA) by d. By adding a new paragraph (e) to observers, including the proper read as set forth below. donation, sale, purchase, or barter solely disposition of such birds or parts, for use in education, research, or § 21.12 General exceptions to permit provided that: propagation. Accredited AZA requirements. (i) Possession and transportation of institutions may, by donation only, The following exceptions to the such migratory birds or parts is for transfer birds to Federal and State permit requirements of § 21.11 are identification purposes or disposition officials authorized to place such birds, authorized: with the Service or NMFS; and or anyone with a valid Federal permit (a) Law Enforcement personnel of the (ii) The observer submits species to possess such birds. All birds Department of the Interior (DOI), tribes, samples and identification along with possessed under this permit exemption and States: If authorized to enforce the any other required data to the must be housed and cared for in provisions of the Migratory Bird Treaty appropriate NMFS observer program. accordance with the husbandry Act, DOI employees and commissioned * * * * * requirements set forth in § 21.32(b) of law enforcement officers of State (e) Public and educational this Subchapter. Nothing in this section agencies (including the District of institutions: authorizes such institutions to take live Columbia, and the territories of the (1) Public institutions, and accredited migratory birds, parts, nests, or eggs United States) and tribal agencies, may, public and private schools (elementary from the wild. without a permit, take or otherwise through postgraduate) may possess (3) Entities that hold live migratory acquire, hold in custody, transport, or nonliving migratory bird specimens, birds and/or nonliving migratory bird dispose of migratory birds (alive or except those of bald eagles and golden specimens and that were previously dead, including parts, nests, and eggs) eagles, including nonviable eggs, parts, exempt from the permit requirement as necessary in performing official and nests, for scientific or conservation before [insert date 30 days after the date duties. educational purposes without a permit. of the final rule’s publication in the (b) Employees and agents of Federal, Employees or agents of such institutions Federal Register], and which are no State, tribal, and local agencies: and schools may salvage nonliving longer exempt may retain any migratory (1) Any employee or agent of the migratory bird specimens, except bald birds, live or dead, already in their Service, any other Federal land eagles and golden eagles, provided the possession on [insert date 30 days after management agency, the U.S. Geological specimens will be used for the the date of the final rule’s publication Survey, the National Marine Fisheries conservation education purposes of the in the Federal Register] without a Service, or a State, tribal, or local institution or school, and provided that: permit. Live birds must be held under natural resource agency, who is (i) The institutions and schools the husbandry standards of designated by his or her agency for such dispose of and acquire such specimens, 21.32(b)(1)(i) through (vii) and purposes may, in the course of official by donation only, to and from one 21.32(b)(2). A permit is required to

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acquire and possess any additional live provided that the fostering bird number of birds occupying the cage, and migratory bird, including progeny, or continues to be used according to the the traits of the particular species. migratory bird specimen after that date purposes and conditions of the permit (ii) The design of your caging must or to sell or otherwise transfer any under which it is held. take into account the natural history of lawfully possessed migratory bird * * * * * the species you are housing, as well as without first obtaining a permit under (4) * * * the special needs of individual birds. this part. (ii) * * * Prior to transferring a live (iii) The caging must be made of a * * * * * bird, you must submit a FWS Form 3– material that will not entangle or cause injury to the type of bird that will be Subpart C—Specific Permit Provisions 202–12 to your migratory bird permit issuing office and receive authorization housed within. The floors must not be 10. Amend § 21.31 as follows: for the transfer. * * * abrasive to the birds’ feet. a. By revising paragraphs (a), (b)(1)(i), (iv) Cages must be secure and provide * * * * * and (e)(1)(v) as set forth below; protection from predators, domestic (v) * * * With such approval, you may b. By adding a new sentence animals, undue noise, human retain a nonreleasable bird under your immediately after the first sentence of disturbance, sun, wind, and inclement rehabilitation permit on a continuing paragraph (e)(4)(ii) as set forth below; weather. basis for foster parenting purposes. and (v) Cages must be well-drained and c. By adding a new sentence * * * * * kept clean. immediately after the first sentence of 11. Add a new § 21.32 to subpart C (vi) You must provide adequate paragraph (e)(4)(v) to read as set forth to read as follows: numbers of appropriately-sized perches below. § 21.32 Educational-use permits. for birds under your care. (vii) You may house birds only with § 21.31 Rehabilitation permits. (a) Purpose and scope. nonaggressive individuals of compatible (a) What is the permit requirement? (1) The migratory bird educational- species. Except as provided in § 21.12, a use permit authorizes possession of (viii) Cages for all birds except raptors rehabilitation permit is required to take, migratory birds for use in public must approximate the dimensions and possess, or transport a migratory bird for educational programs and exhibits in design recommended by the National rehabilitation purposes. However, any which migratory bird conservation, Wildlife Rehabilitators Association’s person who finds a sick, injured, or natural history, biology, and/or ecology Wildlife in Education: A Guide for the orphaned migratory bird may, without a is a primary component of the program Care and Use of Program Animals permit, take possession of the bird in or exhibit. The permit may authorize (2004), except for variations that are order to immediately transport it to a possession of live nonreleasable or reasonable and necessary to permitted rehabilitator. captive-bred birds, nonliving accommodate particular circumstances (b) * * * specimens, or both. The permit may also and are approved by your regional (1) * * * authorize salvage of nonliving migratory migratory bird permit office based on a (i) Take from the wild or receive from bird specimens for educational use. showing by you that the variance will another person sick, injured, or (2) All live birds you hold under this not adversely affect migratory birds. orphaned migratory birds and to possess permit must be nonreleasable or (ix) Cages for raptors must them and provide rehabilitative care for captive-bred individuals of a species approximate the dimensions and design them for up to 180 days, and for over your permit authorizes you to possess. recommended by the University of 180 days for foster parenting purposes, You may not possess more birds than is Minnesota Raptor Center’s Raptors in with authorization from the regional specified on the face of your permit. Captivity: Guidelines for Care and migratory bird permit office. (b) Husbandry requirements for Management (2007), except for * * * * * keeping live birds for educational use. variations that are reasonable and (e) * * * (1) Caging requirements. necessary to accommodate particular (1) * * * (i) Cages must allow sufficient circumstances, and are approved by the (v) Birds must be housed only with movement to accommodate feeding, regional migratory bird permit office compatible migratory bird species, and roosting, and maintenance behaviors based on a showing by you that the only with other birds held for without harm to the bird or damage to variance will not adversely affect rehabilitation purposes, except that, for its feathers. The approximate cage size migratory birds. foster parenting purposes, juveniles and will vary with the size of your bird, (x) Recommended cage dimensions orphaned birds may be housed with whether it is flighted (capable of flying) for program raptors are shown in the birds held under another type of permit, or nonflighted (incapable of flying), the following table:

Length Width Height Species feet (meters) feet (meters) feet (meters)

Sharp-shinned hawk Fully flighted 5 (1.5) 5 (1.5) 7 (2.1) American kestrel Merlin Nonflighted or tethered 3 (0.9) 3 (0.9) 3 (0.9) Boreal owl Burrowing owl Eastern screech owl Northern saw-whet owl Pygmy owl Western screech owl

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Length Width Height Species feet (meters) feet (meters) feet (meters)

Cooper’s hawk Fully flighted or display only 14 (4.3) 6 (1.8) 7 (2.1) Northern goshawk Northern harrier Nonflighted or tethered 6 (1.8) 6 (1.8) 7 (2.1)

Broad-winged hawk Fully flighted 10 (3.0) 8 (2.4) 7 (2.1) Mississippi kite Peregrine falcon Nonflighted or tethered 6 (1.8) 6 (1.8) 7 (2.1) Prairie falcon Common barn owl Long-eared owl Short-eared owl

Ferruginous hawk Fully flighted 12 (3.6) 8 (2.4) 7 (2.1) Harris’s hawk Red-shouldered hawk Nonflighted or tethered 8 (2.4) 8 (2.4) 7 (2.1) Red-tailed hawk Rough-legged hawk Swainson’s hawk Swallow-tailed kite Crested caracara Barred owl Great grey owl Great horned owl Snowy owl

Osprey Fully flighted (display only) 40 (12.2) 10 (3.0) 9 (2.7) Bald Eagle Golden Eagle Nonflighted, tethered, or fully flighted 12 (3.6) 10 (3.0) 9 (2.7) Black vulture free-lofted program bird Turkey vulture

(xi) If your facilities have already been permits issued by the Service, your issuing office and receive authorization approved by the Service on the basis of authorization is subject to the following for the transfer. photographs and diagrams, and additional conditions: (ii) You may transfer live birds and authorized under a § 21.27 Special (1) You must present a minimum of nonliving specimens held under your Purpose-Education permit or § 22.21 12 programs that are open to the general permit only by donation, except that Eagle Exhibition permit, then they are public each year with each bird or you may purchase and sell the following authorized under your new permit specimen held under the permit; or if categories of live birds: captive-bred issued under this section, unless those your facility is open to the public and migratory raptors marked with a facilities have materially diminished in the birds and/or specimens are seamless metal band provided by the size or quality from what was displayed, but not used in programs, Service; captive-bred waterfowl marked authorized when you last renewed your your facility must be open to the public in accordance with 50 CFR 21.13(b); and permit, or unless you wish to expand at least 400 hours per year according to captive-bred game birds marked in the authorizations granted by your a regular, publicized schedule. Live accordance with 50 CFR 21.13(b). You permit (e.g., the number or types of birds that have become unsuitable for are authorized to sell, purchase, or birds you hold). educational use due to age or infirmity barter such birds to and from other (2) Dietary requirements. You must may be exempted from the 12-program permittees who are authorized to feed birds held under this permit a diet requirement with authorization from the purchase, sell or barter them. that imitates its natural diet as closely migratory bird permit issuing office. (iii) You may acquire nonliving as possible. This requirement includes migratory bird specimens, except eagles, (2) All live birds held under this providing the type, as well as the from and transfer such specimens to permit must be nonreleasable or variety, of foods they are likely to exempt public institutions and captive-bred. naturally consume in the wild. We will accredited schools, by donation only. use the dietary recommendations (3) You may transfer birds and Transfer of live eagles and nonliving provided in the publications designated specimens to other permittees eagle specimens must be in accordance in paragraphs (b)(1)(viii) and (b)(1)(ix) of authorized to receive them and acquire with the provisions of 50 CFR 22.29. this section to evaluate whether birds birds and specimens from permittees (4) You may not propagate birds held are fed appropriately. authorized to possess and transfer them, under this permit. (c) What additional conditions apply provided the number and species of (5) You may not acquire or possess to educational use permits? In addition birds held by each permittee are any bird that has sustained injuries to the husbandry requirements of consistent with the authorizations requiring amputation of a wing at the paragraph (b) of this section and the provided by his or her permit, and the elbow (humero-ulnar joint) or above, a conditions set forth in part 13 of this transfer is in accordance with the leg or a foot, and/or is blind, unless: subchapter, which govern permit following conditions: (i) A licensed veterinarian submits a renewal, amendment, transfer, (i) Prior to acquiring or transferring a written analysis of why the bird is not suspension, revocation, and other live bird, you must submit a FWS Form expected to experience the injuries and/ procedures and requirements for all 3–202–12 to your migratory bird permit or ailments that typically occur in birds

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with these injuries and a commitment as subpermittees in your records. All 3–202–5 or a report from a database you (from the veterinarian) to provide staff or volunteers who handle the birds maintain, provided your report contains medical care for the bird for the held under your permit must be all, and only, the information required duration of its life, including complete subpermittees, or must be directly by FWS Form 3–202–5. examinations at least once a year; and supervised by you or a subpermittee (17) Acceptance of this permit (ii) The issuing office specifically when handling the bird(s). You are authorizes inspection of your records authorizes you to possess the bird for legally responsible for ensuring that and facilities in accordance with 50 CFR educational use. your subpermittees, staff, and 13.47. (6) You must report the death or volunteers adhere to the terms of your (d) Application procedures. Apply for escape of any bird to your migratory permit. a migratory bird educational-use permit bird permit issuing office within 5 (13) Suitable birds held under this to the appropriate Regional Director – business days by submitting a permit may be used for foster parenting Attention Migratory Bird Permit Office. completed FWS Form 3–202–12. of birds held under a rehabilitation You can find addresses for the (7) You may not release any live, permit, as long as the fostering birds appropriate Regional Director in § 2.2 of captive-bred bird to the wild. continue to be used for the required 12 subchapter A of this chapter. Your (8) You may donate the carcass or programs per year. application package must consist of the individual parts and feathers of a bird (14) If your permit authorizes salvage, following: that dies to persons authorized by you may salvage and possess carcasses, (1) A completed application, permit or regulation to possess them or, feathers, and parts, unoccupied nests, including any required attachments. Use if your permit authorizes possession of and nonviable eggs of migratory birds, FWS Form 3–200–10c for live birds of nonliving specimens, you may retain except for bald eagles and golden eagles. species other than eagles, FWS Form 3– them for educational purposes. (i) You may not salvage, and should 200–10d for nonliving specimens of Specimens not retained by you or immediately report to U.S. Fish and species other than eagles, and FWS donated must be promptly incinerated Wildlife Service Law Enforcement, any Form 3–200–14 for eagles and eagle or buried. live or dead birds that appear to have specimens. (9) You may retain molted feathers been poisoned, shot, or injured as the (2) A check or money order made needed for imping purposes. If your result of criminal activity. payable to the ‘‘U. S. Fish and Wildlife permit authorizes possession of (ii) You may not salvage specimens on Service’’ in the amount of the nonliving specimens, you may retain lands managed by Federal, State, tribal application fee listed on the application additional molted feathers for or local agencies without prior written form and in § 13.11 of this chapter. educational and scientific use, except authorization from the applicable for bald and golden eagle feathers (see agency, unless the agency’s policies or (e) Issuance criteria. 50 CFR 22.29). Except for eagle feathers, regulations allow salvage of specimens. (1) For possession of nonliving you may donate molted feathers to (iii) You may not salvage specimens migratory bird specimens, we may issue persons authorized by permit or on private property without prior a permit to you if your presentations or regulation to possess such items without written permission or permits from the facilities will be open to the public and authorization from the Service. landowner or the landowner’s include, as a primary component, (10) You may allow photography, custodian. education about migratory bird filming, or other such uses of the birds (iv) If you encounter a bird with a conservation, natural history, biology, held under your permit for the purpose Federal band issued by the U.S. and/or ecology. of providing public education about Geological Survey, Bird Banding (2) For possession of live migratory migratory bird conservation, biology, or Laboratory, report the band number to birds, we will consider the criteria in ecology. You may not exhibit the birds 1–800–327–BAND or paragraph (e)(1) and whether you have held under this permit in any manner www.reportband.gov. adequate experience caring for and that implies personal use or promotion (15) You must maintain records of working with migratory birds and or endorsement of any product, live birds and nonliving specimens in adequate facilities for them. merchandise, goods, services, business, your possession; the dates you acquired, (i) In evaluating an applicant’s or organization except your own transferred, or disposed of them; the experience handling raptors and educational activities. programs in which they were used or, corvids, the Service will use the criteria (11) Whenever you exhibit the birds if the birds are displayed in their daily in the following table as guidance. held under this permit, you must enclosures, the days your facility was Although hands-on experience with the include either a written or verbal open to the public. species for which the applicant is statement that your possession and (16) You must submit an annual applying is most valuable, hands-on exhibition of the bird is by permission report for the preceding calendar year to experience with any species in a of the U.S. Fish and Wildlife Service. your migratory bird permit issuing category will help qualify an applicant (12) Your subpermittees must be at office by the date required on your or permittee for other species in that least 18 years of age and be designated permit. You may complete FWS Form category.

Species Static Display On-the-Glove Flight Demonstration

Category 1 Harris’s hawk 100 hours over at least 1 year, 140 hours over at least 1 year, 300 hours over at least 1 year, American kestrel including husbandry and a minimum including husbandry and a minimum including husbandry and a Eastern screech owl of 20 hours of conducting of 40 hours conducting educational minimum of 80 hours of educational Northern saw-whet owl educational programs. programs on the glove. programs and 50 hours of Western screech owl free-flying under supervision of an experienced permittee.

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Species Static Display On-the-Glove Flight Demonstration

Category 2 Broad-winged hawk 160 hours over at least 1 year, 200 hours over at least 1 year, 500 hours over at least 1 year, Mississippi kite including husbandry and a minimum including husbandry and a minimum including husbandry and a minimum Red-shouldered hawk of 40 hours of conducting educational programs of 60 hours of 100 hours of educational Red-tailed hawk educational programs. At least conducting on the glove. At least programs and 50 hours of Rough-legged hawk half the time requirement should half the timerequirement should be free-flying under supervision Swallow-tailed kite be with birds in this category. with birds in this category. of an experienced permittee. At Barred owl least half the time requirement Boreal owl should be with birds in this Burrowing owl category. Common barn owl Great horned owl Corvids

Category 3 Northern harrier 200 hours over at least 1 year, 240 hours over at least 1 year, 700 hours over at least 2 years, Swainson’s hawk including husbandry and a minimum including husbandry and a minimum including husbandry and a minimum Merlin of 60 hours of conducting of 80 hours conducting of 160 hours of educational Peregrine falcon educationalprograms. At least educational programs on the programs (80 with birds in Prairie falcon half the timerequirement should glove. At least half the time programs this category), and Great grey owl be with birdsin this category. requirement should be with 50 hours of free-flying birds Long-eared owl birds in this category. in this category under Pygmy owl supervision of an experienced Short-eared owl permittee. Black vulture Turkey vulture

Category 4 Osprey 300 hours over at least 1 year, 500 hours over at least 1 year, 1000 hours over at least 2 years, Bald eagle including husbandry and a minimum including husbandry and a minimum including husbandry and a minimum Cooper’s hawk of 80 hours of conducting of 100 hours conducting of 200 hours of educational Ferruginous hawk educational programs. At least educational programs on programs (100 hours with birds Golden eagle half the time requirement should the glove. At least half in this category), and 50 hours Northern goshawk be with the particular species. the time requirement must of free-flying the particular Sharp-shinned hawk be with the particular species. species under the supervision Crested caracara of an experienced permittee. Snowy owl

(ii) For applications to possess education, your Federal permit is not eagle or golden eagle specimens if you migratory birds other than raptors and valid unless you possess and adhere to acquire a permit issued under §§ 22.21, corvids for static display, we will the terms of the State, tribal, or 22.22, or 22.29 of this part and obtain evaluate your experience based on the territorial authorization. the CITES export authorization through Static Display criteria for Category 1 in (g) Permit tenure. The tenure of each the procedures set forth under §§ 22.21, the table in paragraph (e)(2)(i) of this educational use permit is specified on 22.22, and 22.29. section. For applications to use such the face of the permit, and in no case * * * * * birds for program use, we will use the will be longer than 5 years. 14. Amend § 22.3 by revising the recommendations of National Wildlife section heading and the introductory Rehabilitators Association’s Wildlife in PART 22 - EAGLE PERMITS text and by adding the definitions Education: A Guide for the Care and 12. The authority citation for part 22 ‘‘Nonreleasable eagle’’, ‘‘Open to the Use of Program Animals (2004) to continues to read as follows: general public’’, ‘‘Public museum’’, determine the suitability of the species ‘‘Public scientific society’’, and ‘‘Public for educational program use and the Authority: 16 U.S.C. 668a; 16 U. S. C. 703– zoological park’’ in alphabetical order to level of experience required. 712; 16 U.S.C. 1531–1544. read as follows: (iii) Your facilities must properly 13. Amend § 22.2 by revising the house the species of migratory birds that section heading and paragraph (a)(2) to § 22.3 What definitions do you need to know? you are applying to hold. Enclosure read as follows: dimensions and design must meet the The following definitions are in husbandry standards set forth in § 22.2 To what activities does this part addition to those contained in part 10 of paragraph (b)(1) of this section. apply? this chapter, and, unless the context of (iv) We will determine the migratory (a) * * * a section provides otherwise, are used bird species and the number of birds (2) You may not transport into or out for purposes of this part. you are authorized to hold under your of the United States, import, export, * * * * * permit, based on your experience, purchase, sell, trade, barter, or offer for Nonreleasable eagle means a bald or facilities, and the nature of the purchase, sale, trade, or barter bald golden eagle that has sustained injuries educational programs you intend to eagles or golden eagles, or their parts, that will likely prevent it from surviving present. nests, or eggs of these lawfully-acquired in the wild even after medical treatment (f) State and tribal authorization. If pre-act birds. However, you may and/or rehabilitation, or a bald or your State or tribe requires a license or transport into or out of the United States golden eagle that has been imprinted or permit to hold migratory birds for any lawfully acquired, nonliving bald habituated to human presence and has

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lost instincts necessary to survive in the bald or golden eagles, or their parts, eggs for scientific purposes only when wild. nests, or eggs for scientific purposes to we determine that the taking, Open to the general public means the appropriate Regional Director – possession, or transportation is available to the general public and not Attention: Migratory Bird Permit Office. compatible with the preservation of the restricted to any individual or set of You can find addresses for the Regional bald eagle and golden eagle. In making individuals, whether or not a fee is Directors in 50 CFR 2.2. this determination, we will consider, charged. (2) If you want a permit to transport among other criteria, the following: * * * * * into or out of the United States any (1) The direct or indirect effect that Public museum means a facility lawfully acquired dead bald or golden issuing such permit would be likely to accredited by the American Association eagles or their parts, nests, or nonviable have upon the wild populations of bald of Museums that houses collections of eggs for scientific purposes, you must and golden eagles; objects and artifacts of cultural or submit your application to the Division (2) Whether the expertise, facilities, or scientific interest for scientific research of Management Authority. Your other resources available to the or public exhibition, and which is open application must contain all the applicant appear adequate to to the general public at least 400 hours information necessary for the issuance successfully accomplish the objectives per year on a schedule of regular, of a CITES permit. You must also stated in the application; publicized hours. comply with all the requirements in part (3) Whether the justification of the Public scientific society means an 23 of this subchapter before purpose for which the permit is being entity that conducts research in the field international travel. Mail should be requested is adequate to justify the of wildlife conservation, ecology, addressed to: Division of Management removal of the eagle from the wild or ornithology, or other natural science, Authority, U.S. Fish and Wildlife otherwise change its status; and and makes the findings of such research Service, 4401 N. Fairfax Drive, Room (4) Whether the applicant has available to the public; or promotes 212, Arlington, VA, 22203-1610. demonstrated that the permit is being public knowledge about science, (3) Your application for any permit requested for bona fide scientific biology, ecology, and/or wildlife under this section must also contain the purposes of a public museum, public conservation and either is open to the information required under this section, scientific society, or public zoological general public on a regular basis at least § 13.12(a) of this subchapter, and the park. 400 hours per year or conducts at least following information: (d) Tenure of permits. The tenure of 12 educational programs per year that (i) Species of eagle and number of permits to take bald or golden eagles for are open to the general public. such birds, nests, or eggs proposed to be scientific purposes will be that shown Public zoological park means a taken, possessed, or transported; on the face of the permit. facility that is either accredited or (ii) Specific locality in which taking is 16. Add a new § 22.29 to subpart C certified as a Related Facility by the proposed, if any; to read as follows: Association of Zoos and Aquariums. (iii) Method of taking proposed, if The facility must contain permanent any; § 22.29 Permits for possession and educational use of eagles. collections of live animals, and must (iv) If not taken, the source of eagles either be open to the general public on and other circumstances surrounding (a) Purpose and scope. The eagle a regular basis at least 400 hours per the proposed acquisition or educational-use permit authorizes year, or must conduct at least 12 transportation; possession of nonreleasable bald eagles educational programs each year about (v) Name and address of the public and/or golden eagles for use in public ecology and wildlife conservation that museum, public scientific societies, or educational programs and exhibits in are open to the general public. public zoological park for which they which eagle conservation, natural history, biology, or ecology is a primary * * * * * are intended; and (vi) Complete explanation and component of the program or exhibit. Subpart C – Eagle Permits justification of request, nature of project (b) Conditions and provisions. Except 15. Revise § 22.21 to read as follows: or study, and other appropriate as provided in this part and in § 21.32 explanations. of this subchapter (migratory bird § 22.21 What are the requirements (b) What are the conditions? In educational-use permits), all of the concerning scientific-purpose permits? addition to the general conditions in provisions of § 21.32 apply to eagle We may, under the provisions of this part 13 of this subchapter B, permits to educational-use permits. section, issue a permit authorizing the take, possess, transport within the (1) We may issue eagle educational- taking, possession, transportation United States, or transport into or out of use permits only to public museums, within the United States, or the United States bald or golden eagles, public scientific societies, and public transportation into or out of the United or their parts, nests, or eggs for scientific zoological parks. Permittees must either States of lawfully possessed bald eagles purposes, are also subject to the have facilities that are open to the or golden eagles, or their parts, nests, or following condition: In addition to any general public according to a schedule eggs for the scientific purposes of public reporting requirement specifically noted of regular, publicized hours amounting museums, public scientific societies, or in the permit, you must submit a report to at least 400 hours per year, or must public zoological parks. We will not of activities conducted under the permit conduct at least 12 educational issue a permit under this section that to the Regional Director - Attention: programs per year that are open to the authorizes the transportation into or out Migratory Bird Permit Office, within 30 general public or presented at an of the United States of any live bald or days after the permit expires. accredited school. golden eagles, or any viable eggs of (c) How do we evaluate your (2) You may not allow physical these birds. application for a permit? We will contact between a live eagle held under (a) How do I apply if I want a permit conduct an investigation and will issue this permit and the public. for scientific purposes? (1) You must a permit to take, possess, transport (3) Live eagles possessed under this submit applications for permits to take, within the United States, or transport permit must be nonreleasable. possess, or transport within the United into or out of the United States bald or (4) Except for specimens that are in States lawfully acquired live or dead golden eagles, or their parts, nests, or poor condition or are otherwise deemed

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unacceptable for distribution by the only, the information required by FWS Eastern Standard Time on this date. We National Eagle Repository, or those that Form 3–202–13. may not be able to address or the National Eagle Repository does not Dated: July 1, 2010. incorporate information that we receive after this date. typically distribute to Native Americans Thomas L. Strickland, for religious ceremonial purposes (such ADDRESSES: Assistant Secretary for Fish and Wildlife and You may submit as some skeletal parts), all nonliving Parks. information by one of the following eagle specimens possessed under this methods: permit must have been lawfully [FR Doc. 2010–23342 Filed 9–20–10; 8:45 am] • Federal eRulemaking Portal: http:// acquired before March 30, 1994. The BILLING CODE 4310–55–S www.regulations.gov. In the Keyword Regional Director for the Region where box, enter Docket No FWS–R4–ES– the applicant resides may authorize DEPARTMENT OF THE INTERIOR 2010–0067, which is the docket number exceptions on a case-by-case basis for for this action. Then, in the Search important resource needs with Fish and Wildlife Service panel on the left side of the screen compelling justification. under the Document Type heading, (5) Prior to acquiring or transferring 50 CFR Part 17 click on the Proposed Rules link to any eagle or specimen thereof, you must locate this document. You may submit submit a FWS Form 3–202–12 to your [Docket No. FWS–R4–ES–2010–0067; a comment by clicking on ‘‘Send a migratory bird permit issuing office and 92220–1113–0000–C5] Comment or Submission.’’ • By hard copy: Submit by U.S. mail receive authorization from the office for Endangered and Threatened Wildlife the transfer. or hand-delivery to: Public Comments and Plants; 90-Day Finding on a Processing, Attn: FWS–R4–ES–2010– (6) To transport nonliving eagle Petition To Reclassify the U.S. specimens out of or into the United 0067; Division of Policy and Directives Breeding Population of Wood Storks Management; U.S. Fish and Wildlife States for educational purposes, you From Endangered to Threatened must submit your application for a Service; 4401 N. Fairfax Drive, Suite transport permit to the Division of AGENCY: Fish and Wildlife Service, 222; Arlington, VA 22203. Management Authority. Your Interior. We will post all information received application must contain all the on http://www.regulations.gov. This ACTION: Notice of 90-day petition generally means that we will post any information necessary for the issuance finding and initiation of status review. of a CITES permit. You must also personal information you provide us (see the Request for Information section comply with all the requirements in part SUMMARY: We, the U.S. Fish and below for more details). 23 of this subchapter before undertaking Wildlife Service (Service), announce a international travel. Mail should be 90-day finding on a petition to reclassify FOR FURTHER INFORMATION CONTACT: addressed to the Division of the United States (U.S.) breeding David L. Hankla, Field Supervisor, Management Authority, U.S. Fish and population of the wood stork (Mycteria Jacksonville Ecological Services Field Wildlife Service, 4401 North Fairfax americana) from endangered to Office, 7915 Baymeadows Way, Suite Drive, Room 212, Arlington, VA 22203– threatened under the Endangered 200, Jacksonville, FL 32256, by 1610. Species Act of 1973, as amended (Act). telephone (904) 731–3336, or by (i) Eagle specimens may be Based on our review, we find that the facsimile (904) 731–3045. If you use a transported out of or into the United petition presents substantial scientific telecommunications device for the deaf States on a temporary basis only. You or commercial information indicating (TDD), please call the Federal Information Relay Service (FIRS) at must return the permitted specimens to that reclassifying the U.S. breeding 800–877–8339. the originating country within the population of the wood stork to timeframe specified on the face of the threatened may be warranted. Therefore, SUPPLEMENTARY INFORMATION: permit, not to exceed 3 years. with the publication of this notice, we Request for Information are initiating a review of the species’ (ii) We will not issue a permit under When we make a finding that a this section that authorizes the status to determine if reclassification is warranted. To ensure that this status petition presents substantial transportation out of or into the United information indicating that reclassifying review is comprehensive, we are States of any live bald eagle or golden a species may be warranted, we are requesting scientific and commercial eagle or viable egg of these species. required to promptly review the status data and other information regarding the (7) You must send all bald eagle and of the species (status review). For the U.S. breeding population of this species. golden eagle carcasses of eagles that die status review to be complete and based Based on the status review, we will in your possession, and all molted eagle on the best available scientific and issue a 12-month finding on the primary and secondary feathers and commercial information, we request petition, which will address whether retrices (tail feathers) not needed for information from governmental the petitioned action is warranted, as imping (replacing a damaged feather agencies, Native American Tribes, the provided in section 4(b)(3)(B) of the Act. with a molted feather) to the U. S. Fish scientific community, industry, and any and Wildlife Service, National Eagle DATES: To allow us adequate time to other interested parties concerning the Repository, Building 128, Rocky conduct this review, we request that we status of the U.S. breeding population of Mountain Arsenal, Commerce City, CO receive information on or before the wood stork and other populations of 80022. You can contact the Repository November 22, 2010. After this date, you wood storks breeding in Central and at 303–287–2110. must submit information directly to the South America. We seek information on: (8) You must submit an annual report Jacksonville Ecological Services Field (1) The historical and current status for the preceding calendar year to your Office (see FOR FURTHER INFORMATION and distribution of the wood stork, its migratory bird permit issuing office by CONTACT section below). Please note that biology and ecology, and ongoing the date specified on your permit. You if you are using the Federal conservation measures for the species may complete FWS Form 3–202–13 or eRulemaking Portal (SEE ADDRESSES and its habitat; a report from a database you maintain, section, below), the deadline for (2) The five factors that are the basis provided your report contains all, and submitting an electronic comment is for making a listing/delisting/

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downlisting determination for a species identifying information—will be posted for the petitioner, as required by 50 CFR under section 4(a) of the Act (16 U.S.C. on the Web site. If you submit a 424.14(a). 1531 et seq.), which are: hardcopy that includes personal The petition presented, as sole (a) The present or threatened identifying information, you may supporting evidence, the 2007 5-year destruction, modification, or request at the top of your document that status review as its supporting curtailment of the species’ habitat or we withhold this personal identifying information. The petition incorporated range; information from public review. the status review by reference and (b) Overutilization for commercial, However, we cannot guarantee that we summarized the five-factor analysis recreational, scientific, or educational will be able to do so. We will post all contained in the status review. On July purposes; hardcopy submissions on http:// 9, 2009, we sent a letter to the Pacific (c) Disease or predation; www.regulations.gov/. Legal Foundation informing them that (d) The inadequacy of existing Information and supporting we received the petition. regulatory mechanisms; or documentation that we received and On July 8, 2010, we received a letter, (e) Other natural or manmade factors used in preparing this finding, will be dated July 1, 2010, from the Pacific affecting its continued existence; available for public inspection at Legal Foundation, notifying the Service (3) The genetics and taxonomy of the http://www.regulations.gov/, or by of the Pacific Legal Foundation’s intent wood stork throughout its entire range, appointment, during normal business to commence civil litigation after 60 including the range of the federally hours, at the U.S. Fish and Wildlife days if we did not respond to the listed U.S. breeding population of the Service, Jacksonville Ecological Services petition. This notice constitutes our wood stork; and initial finding on the petition. Field Office (see FOR FURTHER (4) Discreteness and significance of INFORMATION CONTACT). the wood stork in the southeastern Previous Federal Actions United States in light of our distinct Background On February 28, 1984, we published population segment (DPS) policy (61 FR a final rule in the Federal Register Section 4(b)(3)(A) of the Act (16 4722; February 7, 1996). listing the U.S. breeding population of (5) Discreteness, significance, and U.S.C. 1533(b)(3)(A)) requires that we the wood stork as endangered under the status of the wood stork in other make a finding on whether a petition to Act due primarily to the loss of suitable portions of its range. list, delist, or reclassify a species feeding habitat, particularly in south (6) Differences or similarities in presents substantial scientific or Florida (49 FR 7332). The endangered regulatory protection for the wood stork commercial information indicating that status covered wood storks in the States outside of the southeastern United the petitioned action may be warranted. of Alabama, Florida, Georgia, and South States. We are to base this finding on Carolina, the breeding range of the (7) Whether or not climate change is information provided in the petition, species at that time. At the time of a threat to the species, what regional supporting information submitted with listing, critical habitat was considered climate change models are available, the petition, and information otherwise but not designated for this species (49 and whether they are reliable and available in our files. To the maximum FR 7332). We developed a September 9, credible to use as step-down models for extent practicable, we are to make this 1986, recovery plan for the U.S. assessing the effect of climate change on finding within 90 days of our receipt of breeding population. The recovery plan the species and its habitat. the petition, and publish our notice of was revised on January 27, 1997, and (8) Anything else that would assist us the finding promptly in the Federal addressed new threats and species’ in determining whether the wood stork Register. needs. is in danger of extinction throughout all Our standard for ‘‘substantial On November 6, 1991 (56 FR 56882), or a significant portion of its range, or scientific or commercial information’’ we published a notice in the Federal likely to become endangered within the within the Code of Federal Regulations Register that we were conducting a foreseeable future throughout all or a (CFR) with regard to a 90-day petition 5-year review for all endangered and significant portion of its range. finding is ‘‘that amount of information threatened species listed before January Please include sufficient information that would lead a reasonable person to 1, 1991, including the wood stork. In with your submission (such as full believe that the measure proposed in the this review, we simultaneously references) to allow us to verify any petition may be warranted’’ (50 CFR evaluated the status of many species, scientific or commercial information 424.14(b)). If we find that substantial with no in-depth assessment of the five you include. scientific or commercial information threat factors under section 4(a)(1) of the Please note that submissions merely was presented, we are required to Act as they pertain to the individual stating support for or opposition to the promptly commence a review of the species. The notice stated that we were action under consideration without status of the species, which is seeking any new or additional providing supporting information, subsequently summarized in our 12- information reflecting the necessity of a although noted, will not be considered month finding. change in the status of any of the in making a determination, as section Petition History species under review. The notice 4(b)(1)(A) of the Act directs that indicated that if significant data were determinations as to whether any On May 28, 2009, we received a available warranting a change in a species is a threatened or endangered petition, dated May 27, 2009, from the species’ classification, we would species must be made ‘‘solely on the Pacific Legal Foundation on behalf of propose a rule to modify the species’ basis of the best scientific and the Florida Homebuilders Association, status. We did not find a change in the commercial data available.’’ requesting that the southeastern U.S. wood stork’s listing classification under You may submit your information population of the wood stork be the Act to be warranted at that time. concerning this finding by one of the reclassified as threatened under the Act On September 27, 2006 (71 FR 56545), methods listed in the ADDRESSES as recommended in our 2007 5-year we published a notice in the Federal section. If you submit information via status review. The petition clearly Register that we were initiating a 5-year http://www.regulations.gov/, your entire identified itself as such and included status review of 37 southeastern U.S. submission—including any personal the requisite identification information species, including the wood stork. We

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solicited information from the public varies geographically. Wood storks lay dependent upon wetlands for breeding concerning the status of the species, eggs as early as October and as late as and foraging. Winter foraging habitat is including the status and trends of June in Florida (Rodgers 1990, pp. 48– also important to the recovery of the species threats under section 4(a)(1) of 51). In general, earlier nesting occurs in species, as it may determine the the Act. We completed the 5-year status the southern portion of Florida (< 27 carrying capacity of the U.S. breeding review for the wood stork on September °N). Wood storks in Georgia and South population. 27, 2007. The 5-year status review, Carolina initiate nesting on a seasonal Wood storks select patches of completed in accordance with section basis regardless of environmental medium-to-tall trees as nesting sites, 4(c)(2) of the Act, contains a detailed conditions. They lay eggs from March to which are located either in standing description of the species’ natural late May, with fledging occurring in July water such as swamps, or on islands history and status, including and August. In response to deteriorating surrounded by relatively broad expanses information on distribution and habitat conditions in south Florida, of open water (Ogden 1991, p. 43). movements, behavior, population status wood storks nesting in Everglades Colony sites located in standing water and trends, and factors contributing to National Park and in the Big Cypress must remain inundated throughout the the status of the U.S. breeding region of Florida delayed initiation of nesting cycle to protect against population. It also presents a detailed nesting to February or March in most predation and nest abandonment. A analysis of the five factors that are the years since the 1970s. Colonies that start wood stork tends to use the same colony basis for determination of a species’ after January in south Florida risk site over many years, as long as the site status under section 4(a) of the Act. A having young in the nests when May– remains undisturbed, and sufficient copy of the 5-year status review is June rains flood marshes and disperse feeding habitat remains in the available on our Web site at http:// fish. surrounding wetlands. Wood storks may www.fws.gov/ecos/ajax/docs/ Females lay a single clutch of two to abandon traditional wetland sites once five_year_review/doc1115.pdf. five eggs per breeding season, but the local or regional drainage schemes average is three eggs. Females remove surface water from beneath the Species Information sometimes lay a second clutch if nest colony trees. The wood stork is a large, long-legged failure occurs early in the season Population Demographics wading bird, with a head-to-tail length (Coulter et al. 1999, p.11). Average of 85–115 centimeters (cm) (33–45 clutch size may increase during years of Alterations in the quality and amount inches (in)) and a wingspread of favorable water levels and food of foraging habitats in the Florida 150–165 cm (59–65 in). The plumage is resources. Incubation requires about 30 Everglades and extensive drainage and white, except for iridescent black days, and begins after the female lays land conversions throughout South primary and secondary wing feathers the first one or two eggs; the eggs Florida led to the initial decline of the and a short black tail. Storks fly with therefore hatch at different times and wood stork nesting population. Since their necks and legs extended. On young nestlings in a single nest vary in listing under the Act, wood stork adults, the rough, scaly skin of the head size. Nestlings require about 9 weeks for nesting has increased in South Florida and neck is unfeathered and blackish in fledging, but the young return to the and the Everglades, but the timing and color, the legs are dark, and the feet are nest for an additional 3 to 4 weeks to be location of nesting have changed in dull pink. The bill color is also blackish. fed. Actual colony production response to alterations in hydrology and Immature storks, up to the age of about measurements are difficult to determine habitat. The overall distribution of the 3 years, differ from adults in that their because of the prolonged fledging breeding population of wood storks is bills are yellowish or strap colored and period, during which time the young also in transition. The wood stork there are varying amounts of dusky return daily to the colony to be fed. It appears to have adapted to changes in feathers on the head and neck. During appears that colonies experience habitat in South Florida in part by courtship and early nesting season, considerable variation in production expanding its breeding range north into adults have pale salmon coloring under among years and locations, apparently Georgia, South Carolina, and North the wings, fluffy undertail coverts that in response to differences in food Carolina. are longer than the tail, and toes that availability. The estimated total population of brighten to a vivid pink. nesting wood storks throughout the Range and Distribution Wood storks feed almost entirely on southeastern United States declined fish between 2 and 25 cm (1 and 10 in) The wood stork is one of 17 species from 15,000–20,000 pairs during the in length (Kahl 1964, pp.107–108; of storks occurring worldwide, and is 1930s, to about 10,000 pairs in 1960, to Ogden et al. 1976, pp. 325–327). They the only stork regularly occurring in the a low of 4,500–5,700 pairs in most years also occasionally consume crustaceans, United States. It occurs from northern during the period between 1977–1980 amphibians, reptiles, mammals, birds, Argentina, eastern Peru, and western (Ogden et al. 1987, p. 752). In the and arthropods. Fish populations reach Ecuador, north to Central America, 23-year period from the time of listing high numbers during the wet season, Mexico, Cuba, Hispaniola, and the (1984) to 2006, 13 surveys of the entire but become concentrated in increasingly southeastern United States. The breeding range were completed. Eight of restricted habitats as drying occurs. breeding range of the species extends those resulted in counts exceeding 6,000 Consumers such as the wood stork are from the southeastern United States pairs. Five of those higher counts able to exploit high concentrations of south through Mexico and Central occurred during the past 8 years. In fish in drying ponds and sloughs. America, Cuba and Hispaniola, and summary, annual nest counts have through South America to western increased significantly, from 6,245 pairs Mating and Reproduction Ecuador, eastern Peru, Bolivia, and to 11,279 pairs in 2006 (Brooks and Wood storks are seasonally northern Argentina (Coulter et al. 1999, Dean, 2008, pp. 53–54), indicating the monogamous, probably forming a new p. 2). The species uses a variety of population is stable or increasing across pair bond every season. There is freshwater and estuarine wetlands for the southeastern United States documented first breeding at 3 and 4 nesting, feeding, and roosting. (Borkhataria et al. 2008, p. 48). years old, but the average age at first Throughout its range in the southeastern The recovery plan’s population breeding is unknown. Nest initiation United States, the wood stork is objectives are 6,000 nesting pairs

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(calculated over a 3-year average) for the species to which it belongs; and (2) (A) The present or threatened consideration to reclassify from biologically and ecologically significant destruction, modification, or endangered to threatened. The 1993– to the species to which it belongs. If the curtailment of its habitat or range; 1995 surveys averaged 6,783 nesting population meets these criteria, we then (B) Overutilization for commercial, pairs. The 3-year averages from 2001 proceed to evaluate the population recreational, scientific, or educational through 2006 also exceeded 6,000 pairs segment’s conservation status in relation purposes; for all combined years. to the Act’s standards for listing as an (C) Disease or predation; Three-year averages calculated from endangered or threatened species. These (D) The inadequacy of existing nesting data from 2001 through 2006 three elements are applied similarly for regulatory mechanisms; or indicate that the total nesting additions to or removals from the population has been consistently above (E) Other natural or manmade factors Federal Lists of Endangered and affecting its continued existence. the threshold of 6,000 nesting pairs and Threatened Wildlife and Plants. productivity of 1.5 chicks per nest per In making this 90-day finding, we year (2004–2006) required before the Our evaluation of significance is made evaluated whether information species can be reclassified to threatened. in light of Congressional guidance (see regarding threats to the southeastern The average number of nesting pairs has Senate Report 151 of the 96th Congress, U.S. population of the wood stork, as ranged from 7,400 to over 8,700. The 1st Session) that the authority to list presented in the petition and other first wood stork colony in North DPSes be used ‘‘sparingly,’’ while information available in our files, is Carolina was documented in 2005, with encouraging the conservation of genetic substantial, thereby indicating that the 32 nesting pairs. In 2006, the same diversity. If we determine that a petitioned action may be warranted. Our North Carolina colony increased to 132 population segment meets the evaluation of this information is nesting pairs. discreteness and significance standards, presented below. On pp. 2–3 of the The 2006 nesting totals indicated that then the level of threat to that petition, the petitioner summarized the the wood stork population reached over population segment is evaluated based five-factor analysis contained in our 11,000 nesting pairs documented in on the five listing factors established by 2007 5-year review of the species, which Florida, Georgia, South Carolina, and the Act to determine whether listing the was also included as an attachment to North Carolina during the 2006 breeding DPS as either endangered or threatened the petition. is warranted. season. Information in our files A. The Present or Threatened indicates that fewer than 6,000 nesting In this case, the petitioners attached Destruction, Modification, or pairs were documented in 2007 and our 5-year status review of the species, Curtailment of Its Habitat or Range 2008. These lower nesting numbers and incorporated it by reference into the were likely related to severe drought petition. The U.S. breeding population Evaluation of Information Provided in conditions in Florida. In 2009, the of the wood stork was listed in 1984 the Petition and Available in Service number of nesting pairs once again under the Act, 12 years prior to the DPS Files surpassed 10,000, with over 12,000 policy. The 5-year status review did not Factor A. is discussed on p. 2 of the nesting pairs recorded. include a DPS analysis. However, it petition and on pp. 14–16 in our 5-year Since the time that the species was indicates that we believe the original review of the species. Please refer to the listed as endangered under the Act, the listing of the U.S. breeding population 5-year review document for additional number of nesting pairs in the United of wood storks likely meets the current information. States is increasing overall, the number standards of the DPS policy for the of nesting colonies in the United States The petition and our 5-year review of following reasons: The population is the species presented information is increasing, and the nesting range in physically separated from the adjacent the United States is growing. regarding the threats to the wood stork populations that breed in southern from the loss, fragmentation, and Evaluation of Listable Entities Mexico. The loss of the U.S. breeding modification of wetland habitats. We population would result in a significant Under section 3(16) of the Act, we found the petition and information in gap in the range of the species, as there may consider for listing any species, our files presented substantial would no longer be wood storks including subspecies, of fish, wildlife, information that activities that destroy breeding in the United States. As or plants, or any DPS of vertebrate fish or modify wetland habitat continue to applied to information contained in the or wildlife that interbreeds when mature threaten the wood stork. Habitat loss, petition and available in our files, we (16 U.S.C. 1532(16)). Such entities are fragmentation, and modification are will conduct a DPS analysis for the considered eligible for listing under the known to impact the species, but the wood stork as part of the status review Act (and, therefore, are referred to as significance of these threats cannot be process initiated under this 90-day listable entities), should we determine quantified. The overall threat to the petition finding. that they meet the definition of an species is reduced, not necessarily endangered or threatened species. Evaluation of Information for This because of habitat conservation Finding programs, but rather due to an increase Distinct Vertebrate Population Segment in wood storks and expansion of the The Service and the National Marine Section 4 of the Act (16 U.S.C. 1533) range of the species. Historically, the Fisheries Service (National Oceanic and and its implementing regulations at 50 core of the wood stork breeding Atmospheric Administration— CFR 424 set forth the procedures for population in the southeastern United Fisheries) developed a joint policy that adding a species to, or removing a States was located in the Everglades of addresses the recognition of DPSes of species from, the Federal Lists of south Florida. Populations there had vertebrate species for potential listing Endangered and Threatened Wildlife diminished because of deterioration of actions (61 FR 4722, February 7, 1996). and Plants. A species may be the habitat. However, the breeding range To determine whether a population determined to be an endangered or has now almost doubled in extent and qualifies as a DPS; this requires a threatened species due to one or more shifted northward along the Atlantic finding that the population is both: (1) of the five factors described in section coast as far as southeastern North Discrete in relation to the remainder of 4(a)(1) of the Act: Carolina. Therefore, dependence of

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wood storks on any specific wetland becomes established, it could pose a changes in precipitation amounts, ocean complex has been reduced. threat to nesting water bird populations, salinity, wind patterns, and aspects of In summary, we evaluated the including the wood stork. However, extreme weather, including droughts, petition and information in our files and there has been limited documentation of heavy precipitation, heat waves, and the find that substantial information has predation and disease in wood storks. intensity of tropical cyclones (IPCC been presented in the petition or is After a review of information in our 2007b, p. 7). Species that are dependent available in our files to indicate that files and in the petition, we find on specialized habitat types, are limited reclassifying the U.S. breeding substantial information to indicate that in distribution, or are located in the population of the wood stork to disease or predation is a threat to the extreme periphery of their range will be threatened may be warranted due to the wood stork, but that the threat is most susceptible to the impacts of present or threatened destruction, localized and not occurring at climate change. Such species would modification, or curtailment of the significant levels. currently be found at high elevations, species’ habitat or range. extreme northern/southern latitudes, or D. The Inadequacy of Existing are dependent on delicate ecological B. Overutilization for Commercial, Regulatory Mechanisms interactions or sensitive to nonnative Recreational, Scientific, or Educational Evaluation of Information Provided in competitors. While continued change is Purposes the Petition and Available in Service certain, the magnitude and rate of Evaluation of Information Provided in Files change is unknown in many cases. the Petition and Available in Service Factor D. is discussed on p. 3 of the The petition did not present specific Files petition and on pp. 18–19 in our 5-year information on whether global climate Factor B. is discussed on p. 2 of the review of the species. Please refer to the change has affected or is likely to affect the wood stork. Additionally, petition and on pp. 16–17 in our 5-year 5-year review document for additional information on the subject of climate review of the species. Please refer to the information. change in our files is not specific to the 5-year review document for additional There are a number of regulatory wood stork. While predictions of information. mechanisms implemented by Federal As described in our 5-year review, a and State agencies to protect wood increased drought frequency, intensity, small number of scientific research storks and conserve their habitat. Recent and duration suggest that nestling permits with potential to harm trends indicate that the range of the survival could be a limiting factor for individual wood storks have been wood stork is expanding and breeding the wood stork due to increased predation, the species possesses other issued. This level of take/harm is not populations have increased, suggesting biological traits (i.e., adaptability to expected to adversely impact wood that the current conservation measures changing habitat conditions) to provide stork recovery. Wading birds can impact are sufficient to allow population resilience to this threat. We have no production at fish farms. To minimize growth. evidence that climate changes observed the impacts, the Service issues We evaluated the petition and to date have had any adverse impact on depredation permits to aquaculture information in our files and find that the wood stork or its habitat. Without facilities for herons, egrets and other substantial information has been additional information, the effect of water bird species. It is likely that wood presented in the petition or is available long-term climate change on the wood stork take at aquaculture facilities in our files to indicate that the existing stork is unclear. However, we will seek occurs. To what extent this type of take regulatory mechanisms appear to be additional information regarding any occurs is unknown. adequate based on the increasing potential effects of climate change After a review of information in our number of nesting pairs and nesting during the status review process files and in the petition, we do not find colonies in the United States, and the initiated under this 90-day petition substantial information to indicate that expanding nesting range in the United finding. overutilization for commercial, States. However, we cannot determine Contaminants, harmful algal blooms recreational, scientific, or educational whether regulatory mechanisms are such as red tide events, electrocution purposes is a threat to the wood stork. adequate until the habitat base is shown mortalities from power lines, road kill, to be either sufficient or insufficient to C. Disease or Predation invasion of exotic plants and animals, minimize risk of extinction in all or a human disturbance, and stochastic Evaluation of Information Provided in significant portion of the range of wood events such as severe thunderstorms the Petition and Available in Service storks in the southeastern United States. and hurricanes may affect the wood Files E. Other Natural or Manmade Factors stork, but are not significant. Factor C. is discussed on p. 3 of the Affecting Its Continued Existence After a review of information in our petition and on pp. 17–18 in our 5-year files and in the petition, we find review of the species. Please refer to the Evaluation of Information Provided in substantial information to indicate that 5-year review document for additional the Petition and Available in Service other natural or manmade factors are a information. Files threat to the wood stork, but that the Colonies with adequate water levels Factor E. is discussed on p. 3 of the threat is not significant, except that under nesting trees or surrounding petition and on pp. 19–21 in our 5-year without additional information, the nesting islands deter raccoon predation. review of the species. Please refer to the effect of long-term climate change on If the water level remains too low or 5-year review document for additional the wood stork is unclear. However, we alligators are removed from the nesting information. will seek additional information site, this could facilitate raccoon The Intergovernmental Panel on regarding any potential effects of predation. Human disturbance may Climate Change (IPCC) concluded that climate change during the status review cause adults to leave nests, exposing evidence of warming of the climate process. eggs and nestlings to predators. A system is unequivocal (IPCC 2007a, p. breeding population of Burmese 30). Numerous long-term changes have Finding pythons has been documented in the been observed, including changes in The petition and supporting Florida Everglades. If this snake arctic temperatures and ice, widespread information in our files presents

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substantial information on several The mere identification of factors that Authority factors affecting wood storks in the could impact a species negatively may The authority for this action is the southeastern United States, including: not be sufficient to compel a finding Endangered Species Act of 1973, as Impacts of habitat modification and that listing may be warranted. The amended (16 U.S.C. 1531 et seq.). disruption of water regimes (Factor A); information must contain evidence predation (Factor C); and contaminants, sufficient to suggest that these factors Dated: August 23, 2010. harmful algal blooms such as red tide may be operative threats that act on the Wendi Weber, events, electrocution mortalities from species to the point that the species may Acting Deputy Director, Fish and Wildlife power lines, road kill, invasion of exotic meet the definition of threatened or Service. plants and animals, human disturbance, endangered under the Act. [FR Doc. 2010–23138 Filed 9–20–10; 8:45 am] and stochastic events (Factor E). Because we have found that the BILLING CODE 4310–55–P Of the five listing factors, Factor A petition, as well as other information in (habitat destruction and modification) our files, presents substantial scientific continues to be the leading threat to or commercial information indicating DEPARTMENT OF COMMERCE wood stork recovery. However, that reclassifying the wood stork in the magnitude of this threat may be reduced southeastern United States to threatened National Oceanic and Atmospheric due to the increase in wood storks and may be warranted, we are initiating a Administration expansion of the breeding range from status review to determine whether Florida into Georgia, South Carolina, reclassifying the wood stork in the 50 CFR Parts 223 and 224 and North Carolina. There are a number southeastern United States to threatened [Docket No. 100903415–04–02] of regulatory mechanisms implemented under the Act is warranted. We will by Federal and State agencies to protect issue a 12-month finding as to whether RIN 0648–XW96 wood storks and conserve their habitat. the petitioned action is warranted. As Listing Endangered and Threatened Whether habitat protection and part of our status review, we will Wildlife and Plants; 90–Day Finding on conservation regulatory mechanisms are examine newly available information on a Petition to List Atlantic Bluefin Tuna inadequate can only be assessed in the threats to the species and make a as Threatened or Endangered under terms of the wood stork population, and final determination on a 12-month the Endangered Species Act recent trends indicate that the range is finding on whether the species should still expanding and the breeding be listed as endangered or threatened AGENCY: National Marine Fisheries population has increased, suggesting under the Act. To ensure the status Service (NMFS), National Oceanic and that current conservation measures are review is complete, we are requesting Atmospheric Administration (NOAA), sufficient to allow population growth. scientific and commercial information Commerce. Other threats such as disease and regarding the wood stork throughout its ACTION: 90–day petition finding; request predation and other natural or man- entire range (as described under the for information. made factors (i.e., contaminants, Request for Information section). electrocution, road kill, invasion of The ‘‘substantial information’’ SUMMARY: We, NMFS, announce a 90– exotic plants and animals, disturbance, standard for a 90-day finding differs day finding for a petition to list Atlantic and stochastic events) are known to from the Act’s ‘‘best scientific and bluefin tuna (Thunnus thynnus) as occur but are not significant. We believe commercial data’’ standard that applies endangered or threatened under the that the conclusions of the 5-year review to a status review to determine whether Endangered Species Act (ESA) and to regarding the listing factors and the a petitioned action is warranted. A 90- designate critical habitat concurrently recommended change in status of the day finding does not constitute a status with a listing. We find that the petition species from endangered to threatened, review under the Act. In a 12-month presents substantial scientific as presented in the petition and as finding, we will determine whether a information indicating the petitioned modified by any information in our petitioned action is warranted after we action may be warranted. We will files, still apply. have completed a thorough status conduct a status review of Atlantic In considering what factors might review of the species, which is bluefin tuna to determine if the constitute threats, we must look beyond conducted following a substantial 90- petitioned action is warranted. To the mere exposure of the species to the day finding. Because the Act’s standards ensure that the review is factor to determine whether the species for 90-day and 12-month findings are comprehensive, we solicit information responds to the factor in a way that different, as described above, a pertaining to this species from any causes actual impacts to the species. If substantial 90-day finding does not interested party. there is exposure to a factor, but no mean that the 12-month finding will DATES: Information related to this response, or only a positive response, result in a warranted finding. petition finding must be received by that factor is not a threat. If there is November 22, 2010. References Cited exposure to a factor and the species ADDRESSES: You may submit comments, responds negatively, the factor may be A complete list of references cited is identified by RIN 0648–XW96, by any of a threat and we then attempt to available on the Internet at http:// the following methods: determine how significant a threat it is. www.regulations.gov and upon request • Electronic Submissions: Submit all If the threat is significant, it may drive from the U.S. Fish and Wildlife Service, electronic public comments via the or contribute to the risk of extinction of Jacksonville Ecological Services Field Federal eRulemaking Portal http// the species such that the species may Office (see FOR FURTHER INFORMATION www.regulations.gov. Follow the warrant listing as threatened or CONTACT). instructions for submitting comments. endangered as those terms are defined • Mail or hand-delivery: Assistant by the Act. This does not necessarily Author Regional Administrator, NMFS, require empirical proof of a threat. The The primary authors of this notice are Northeast Regional Office, 55 Great combination of exposure and some staff of the Jacksonville Ecological Republic Drive, Gloucester, MA 01930. corroborating evidence of how the Services Field Office (see FOR FURTHER All comments received are a part of species is likely impacted could suffice. INFORMATION CONTACT). the public record and will generally be

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posted to http://www.regulations.gov distinct population segments (DPS) of threatened destruction, modification, or without change. All Personal Identifying Atlantic bluefin tuna exist. CBD also curtailment of habitat or range; (B) over- Information (for example, name, contends that the Deepwater Horizon/ utilization for commercial, recreational, address, etc.) voluntarily submitted by BP oil spill in the Gulf of Mexico scientific, or educational purposes; (C) the commenter may be publicly occurred during spawning in the only disease or predation; (D) inadequacy of accessible. Do not submit Confidential known spawning grounds of the western existing regulatory mechanisms; or (E) Business Information or otherwise Atlantic stock and is likely to have other natural or manmade factors sensitive or protected information. significant long-term effects on bluefin affecting its continued existence. Listing NMFS will accept anonymous tuna, possibly having the potential to determinations are made solely on the comments. Attachments to electronic ‘‘devastate the population.’’ basis of the best scientific and commercial data available, after comments will be accepted in Microsoft ESA Statutory Provisions and Policy conducting a review of the status of the Word, Excel, WordPerfect, or Adobe Considerations PDF file formats only. species and taking into account efforts The petition and other pertinent Section 4(b)(3)(A) of the ESA (16 made by any state or foreign nation to information are also available U.S.C. 1533(b)(3)(A)) requires that we protect such species. make a finding as to whether a petition electronically at the NMFS website at Life History of the Atlantic Bluefin Tuna http://www.nero.noaa.gov/protlres/ to list, delist, or reclassify a species CandidateSpeciesProgram/csr.htm. presents substantial scientific or Atlantic bluefin tuna are found commercial information indicating the throughout the North Atlantic Ocean FOR FURTHER INFORMATION CONTACT: Kim petitioned action may be warranted. and adjacent seas, including the Damon-Randall, NMFS, Northeast ESA implementing regulations define Mediterranean Sea. They are pelagic, Regional Office (978) 282–8485 or Marta substantial information as the amount of highly migratory species occupying Nammack, NMFS, Office of Protected information that would lead a coastal and open ocean areas up to Resources (301) 713–1401. reasonable person to believe the depths of 200 meters (m) (SCRS, 2008). SUPPLEMENTARY INFORMATION: measure proposed in the petition may Based on reproductive isolation due to Background be warranted (50 CFR 424.14(b)(1)). In the existence of separate spawning determining whether substantial grounds and the absence of spawning in On May 24, 2010, we received a information exists for a petition to list the middle of the North Atlantic, petition from the Center for Biological a species, we take into account several associated genetic differentiation, and Diversity (CBD) to list Atlantic bluefin factors, including information submitted differing ages at maturity, the tuna (Thunnus thynnus) as threatened with, and referenced in, the petition and International Commission for the or endangered under the ESA and all other information readily available in Conservation of Atlantic Tunas (ICCAT) designate critical habitat concurrently our files. To the maximum extent manages this highly migratory species with its listing. The petition contains practicable, this finding is to be made as two separate stocks the eastern information on the species, including within 90 days of the receipt of the Atlantic and western Atlantic (SCRS, the taxonomy, historical and current petition (16 U.S.C. 1533(b)(3)(A)), and 2008). distribution, physical and biological the finding is to be published promptly The Atlantic bluefin tuna is the characteristics of its habitat and in the Federal Register. If we find that largest of the tuna species. Maximum ecosystem relationships, population a petition presents substantial lengths can exceed 4 meters (m) (13.1 status and trends, and factors information indicating that the feet), and weights of up to 900 kilograms contributing to the species’ decline. In requested action may be warranted, (kg) (1,984.2 lb) have been reported in its petition, CBD references information section 4(b)(3)(A) of the ESA requires various fisheries in the western Atlantic contained in the proposal prepared by the Secretary of Commerce (Secretary) and Mediterranean Sea (SCRS, 2008). As Monaco for the 15th Conference of the to conduct a status review of the large predators, bluefin tuna play an Parties (CoP15) to the Convention on species. Section 4(b)(3)(B) requires the important role in pelagic ecosystems International Trade in Endangered Secretary to make a finding as to (Rooker et al., 2007). Juveniles prey Species of Wild Fauna and Flora whether or not the petitioned action is primarily on fish, crustaceans, and (CITES) to list Atlantic bluefin tuna warranted within 12 months of the cephalopods, and adults feed primarily under Appendix I. This document is receipt of the petition. The Secretary has on fish such as herring, anchovy, sand referenced in this finding as ‘‘CITES, delegated the authority for these actions lance, sardine, sprat, bluefish, and 2010.’’ CBD contends that ‘‘Atlantic to the NOAA Assistant Administrator mackerel (Fromentin, 2006). bluefin tuna suffers from for Fisheries. The western Atlantic stock is believed mismanagement by an ineffective The ESA defines an endangered to reach maturity at 8 or more years of international organization, rampant species as ‘‘any species which is in age while the eastern Atlantic stock is illegal fishing as a consequence of danger of extinction throughout all or a believed to mature at 4 to 6 years of age extraordinary market demand, significant portion of its range’’ (ESA (Medina et al., 2002 cited in Fromentin complicated and poorly understood section 3(6)). A threatened species is and Powers, 2005). The western Atlantic population dynamics, and a diversity of defined as a species that is ‘‘likely to stock spawns in the Gulf of Mexico from habitat threats.’’ The petitioner presents become an endangered species within March through May, while in the information in the petition regarding the the foreseeable future throughout all or Mediterranean spawning occurs from declining trend of both the eastern a significant portion of its range’’ (ESA May to June in the eastern portion and Atlantic/Mediterranean and western section 3(19)). Under the ESA, a listing June to July in the central and western Atlantic stocks and what it characterizes determination can address a species, portions (Nishikawa et al., 1985; Mather as the lack of management measures subspecies, or a DPS of a vertebrate et al., 1995; Schaefer, 2001, cited in both nationally and internationally to species (16 U.S.C. 1532 (16)). Under Fromentin and Powers, 2005). Bluefin fully address and reverse the declines. section 4(a)(1) of the ESA, a species may tuna are oviparous (i.e., lay eggs) and The petitioner presents genetic be determined to be threatened or iteroparous (i.e., spawn regularly), and information and life history endangered as a result of any one of the are multiple batch spawners (Schaefer, information, asserting that at least two following factors: (A) present or 2001, cited in Fromentin and Powers,

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2005). According to Teo et al. (2007), delimited by international boundaries populations are genetically diverse. bluefin tuna appear to spawn in within which differences in control of According to CBD, the genetic consecutive years. Fecundity (i.e., the exploitation, management of habitat, differentiation between the two stocks number of eggs produced) is size conservation status, or regulatory supports the assertion that, if one dependent. Fromentin (2006) mechanisms exist that are significant in population were to be lost, this would determined that fertilization takes place light of section 4(a)(1)(D) of the ESA. As result in the significant loss of genetic directly in the water column, and noted previously in the petition, CBD diversity and, therefore, a significant hatching occurs without parental care presents information to support its gap in the range of the taxon. Based on after 2 days. Larvae are pelagic and claim that there are at least two DPSs of the information in the petition, and on resorb the yolk sac within a few days Atlantic bluefin tuna. CBD contends information readily available in our files (Fromentin and Powers, 2005). that Atlantic bluefin tuna meet at least prior to receipt of the petition, there is one, if not both, of the discreteness evidence that the eastern and western Analysis of Petition and Information criteria. The spawning grounds of the Atlantic stocks of Atlantic bluefin tuna Readily Available in NMFS Files eastern and western stocks are separated may be discrete and significant. Thus, a In the following sections, we use the (e.g., Gulf of Mexico and Mediterranean full DPS analysis will be undertaken. information presented in the petition Sea), and there are significant genetic Abundance and in our files to: (1) describe the differences and unique ages of maturity distribution of Atlantic bluefin tuna; (2) (markedly separated from other CBD asserts that the eastern Atlantic determine whether Atlantic bluefin tuna populations of the same taxon). Bluefin bluefin tuna population is critically populations may meet the criteria for tuna in the Mediterranean mature at imperiled and faces imminent risk of being identified as DPSs; and, (3) considerably younger ages (e.g., 4 to 6 extinction, basing this contention on evaluate whether Atlantic bluefin tuna years) than fish from the Gulf of Mexico, information which suggests that the populations proposed by the petitioners which were described to mature at age population has declined more than 80 are at abundance levels that would lead 8 or older and at much larger sizes percent since 1970 (CITES, 2010). CBD a reasonable person to conclude that (SCRS, 2008). Fromentin et al. (2005) cites a stock assessment conducted in listing under the ESA may be warranted and several other authors have 2008 by SCRS who determined that the due to any of the factors listed under confirmed that bluefin tuna exhibits a spawning stock biomass (SSB) for the section 4(a)(1) of the ESA. strong homing behavior and strong eastern Atlantic stock in 2007 was 78,724 tonnes (t). This contrasts with Analysis of DPS Information spawning site fidelity. ICCAT manages the species as two separate stocks with the biomass peak of 305,136 t in 1958 To be considered for listing under the separate Total Allowable Catch (TAC) and 201,479 t in 1997 (CITES, 2010). As ESA, a group of organisms must levels for the western stock and eastern noted in the petition, CITES (2010) constitute a ‘‘species.’’ A ‘‘species’’ is stock (which are delimited by indicates that the absolute extent of defined in section 3 of the ESA to international boundaries within which decline over the 50–year historical include ‘‘any subspecies of fish or there are significant management period from 1957 to 2007 is estimated wildlife or plants, and any distinct differences). to be 74.2 percent, and the majority of population segment of any species of The DPS policy also cites examples of that decline occurred in the last 10 vertebrate fish or wildlife which potential considerations indicating years. interbreeds when mature.’’ On February significance, including: (1) persistence CBD also contends that the western 7, 1996, NMFS and the U.S. Fish and of the discrete population segment in an Atlantic bluefin tuna population is at Wildlife Service (collectively, the ecological setting unusual or unique for imminent risk of extinction. According ‘‘Services’’) adopted a policy to clarify the taxon; (2) evidence that loss of the to the petition, a history of intense their interpretation of the phrase discrete population segment would fishing pressure has resulted in declines ‘‘distinct population segment of any result in a significant gap in the range of over 80 percent since 1970 (CITES, species of vertebrate fish or wildlife’’ (61 of the taxon; (3) evidence that the DPS 2010). The SSB for the western Atlantic FR 4722). The joint DPS policy represents the only surviving natural stock was estimated in 2007 to be 8,693 describes two criteria that must be occurrence of a taxon that may be more t, declining from 49,482 t in 1970 considered when identifying DPSs: (1) abundant elsewhere as an introduced (SCRS, 2009). This represents an 82.4 the discreteness of the population population outside its historic range; or, percent decline over the 38–year segment in relation to the remainder of (4) evidence that the discrete population historical period (SCRS, 2009). Since the species (or subspecies) to which it segment differs markedly from other the early 1990s, the SSB has remained belongs; and (2) the significance of the populations of the species in its genetic relatively stable at approximately 15–18 population segment to the remainder of characteristics. percent of its pre-exploitation biomass the species (or subspecies) to which it CBD presents information to support (SCRS, 2009). belongs. As further stated in the joint its claim that the two discrete CBD notes that at the 2010 CITES policy, if a population segment is populations are significant, including Conference of the Parties (CoP15), the discrete and significant (i.e., it is a DPS), evidence that: (1) they persist in Principality of Monaco proposed to its evaluation for endangered or ecological settings that are unusual or include the Atlantic bluefin tuna in threatened status will be based on the unique for the taxon; (2) loss of a Appendix I (CBD, 2010). According to ESA’s definition of those terms and a population would result in a significant the CITES definitions, Appendix I lists review of the five factors enumerated in gap in the range of the species; and (3) species that ‘‘are the most endangered section 4(a)(1) of the ESA. there are significant genetic differences among CITES-listed animals and plants. Under the DPS policy, a population between the two stocks. CBD notes that They are threatened with extinction, segment may be determined to be the habitat in the Gulf of Mexico is and CITES prohibits the international discrete if: (1) it is markedly separated unique from that found in the trade in specimens of these species from other populations of the same Mediterranean. Carlsson et al. (2007) except when the purpose of the import taxon as a consequence of physical, provide information on trans-Atlantic is not commercial, for instance for physiological, ecological or behavioral migrations of the species as well as scientific research.’’ The listing proposal factors; and/or (2) the population is genetic evidence indicating that the two did not receive the votes that it needed

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to be adopted at CoP15. While the threat to HMS EFH’’ (NMFS, 2009). CBD and stock collapse (SCRS, 2009). For the United States voted in favor of Monaco’s indicates that effects from climate eastern Atlantic bluefin tuna proposal, its support was based on change are already impacting the North population, CBD notes that the SCRS problems with compliance in the Atlantic Ocean with increasing water indicated that continued fishing eastern Atlantic and Mediterranean temperatures and sea levels, increased mortality rates at the 2007 levels were fishery, as well as the fact that the 2010 acidification, and changes in circulation expected to drive the SSB to very low quota level adopted by ICCAT for this patterns and nutrient supplies (Bindoff levels (approximately 18 percent of the stock was not as low as the United et al. 2007; Beaugrand, 2009). It asserts SSB in 1970 and 6 percent of the States believed was necessary. Without that changing ocean conditions as a unfished SSB). CBD cites MacKenzie et improvement in these areas, the United result of climate change and ocean al. (2009) who predicted that the adult States had concerns about the long-term acidification may result in species shifts eastern bluefin tuna population in 2011 viability of the bluefin tuna stock and and ecosystem changes that may will be 75 percent lower than in 2005 fishery. A ban on the international negatively affect Atlantic bluefin tuna. and that the fishing quotas will permit commercial trade of bluefin tuna offered CBD states that climate change could the capture of all remaining adult fish. an additional tool to reduce fishing impact Atlantic bluefin tuna prey These authors noted that, at these low pressure and improve control of the availability, behavior, and water quality. population sizes, reproduction of eastern stock in order to enhance its According to CBD, ocean acidification eastern Atlantic bluefin tuna is conservation in order to meet ICCAT may also decrease the sound absorption increasingly uncertain and could be objectives (K. Blankenbeker, NMFS, in seawater, which could affect limited by spawner biomass (MacKenzie personal communication, 2010). spawning habitat, resulting in et al., 2009). They conclude that the Also, as noted in the petition, the physiological or anatomical effects to population is at risk of collapse in the International Union for Conservation of the auditory systems, potential next few years, which translates to a 90 Nature (IUCN) has listed western behavioral alterations, and auditory percent decline in adult biomass within Atlantic bluefin tuna as critically masking. 3 generations (MacKenzie et al., 2009). endangered with an extremely high risk The petitioners contend that oil and It is important to note that MacKenzie of extinction in the wild in the gas activities in the Gulf of Mexico pose et al. (2009) made population immediate future. According to IUCN, a significant threat to the only known projections based on the TAC levels the population meets the critically spawning grounds for the western ICCAT established for 2008 through endangered criteria of having declined Atlantic bluefin tuna population. 2010 (22,000 t, 19,950 t, and 18,500 t, in excess of 80 percent over the last 10 According to CBD, the Deepwater respectively). However, the TAC for years or 3 generations. Eastern Atlantic Horizon/BP oil spill in the Gulf of 2010 has been reduced to 13,500 t; bluefin tuna are classified by IUCN as Mexico occurred during spawning in therefore, the projections that were endangered, meaning that this the only known spawning grounds of made may not reflect the current fishing population is at very high risk of the western Atlantic stock and is, pressure on the stock and may be overly extinction in the wild in the near future therefore, likely to have significant long- pessimistic (G. Diaz, NMFS, personal based on a reduction of at least 50 term effects on bluefin tuna, possibly communication, 2010). percent over the last 10 years or 3 having the potential to devastate the population. In response to the oil spill, CBD asserts that the western Atlantic generations. While the criteria for listing bluefin tuna population is also in species under a CITES appendix or NMFS is examining, among other things, the historical distributions of imminent danger of extinction due to under IUCN are different from those severe declines and ongoing fishing used under the ESA, the information spawners and larvae, as well as the distributions expected this year based pressures. As stated previously, used to make these decisions may be according to CBD, this stock has informative and will be considered on maps of optimal larval habitat, to determine the overlap of the oil spill declined over 80 percent since 1970 due during the development of the status primarily to overfishing (CITES, 2010). review where appropriate. with spawning bluefin tuna and their progeny (C. Porch, NMFS, personal The SSB has declined approximately ESA Section 4(a)(1) Factors communication, 2010). It is not known 82.4 percent over the 38–year historical period; however, since the early 1990s, Present or Threatened Destruction, how long the oil will remain in the Gulf and what the long-term effects to fish it has remained relatively stable at Modification, or Curtailment of Habitat approximately 15–18 percent of its pre- or Range exposed to non-lethal concentrations of oil may be; however, the best available exploitation biomass (SCRS, 2009). In In the petition, CBD states that information on the effects from the oil 2008, the SCRS determined that the worldwide habitat loss and degradation spill to Atlantic bluefin tuna will need western Atlantic stock has been below is one of the primary causes of the to be considered during the status the level required to produce the decline of Atlantic bluefin tuna. It review, including the results of current maximum sustainable yield (MSY) since indicates that threats to habitat from research and analyses being undertaken the mid–1970s, and fishing mortality pollution and ocean climate change are by NMFS. rates have been above that which would having significant impacts globally. CBD produce MSY throughout the time series cites information from the NMFS Highly Overutilization for Commercial, used in the stock assessment (which Migratory Species (HMS) Essential Fish Recreational, Scientific or Education started in 1970). The SCRS also Habitat (EFH) assessment in which it is Purposes determined that 10 years after ICCAT stated that habitat for these species is In 2008, the ICCAT Standing adopted a rebuilding program (half way comprised of open ocean environments Committee on Research and Statistics through the 20–year rebuilding period), occurring over broad geographic ranges, (SCRS) advised that, unless fishing the 2007 SSB was estimated to be 7 and ‘‘large-scale impacts such as global mortality rates on the eastern Atlantic percent below the level of the rebuilding climate change that affect ocean and Mediterranean stock of bluefin tuna plan’s first year (SCRS, 2008). Since temperatures, currents, and potentially were substantially reduced in the future, 1998, the stock has generally stabilized, food chain dynamics, are most likely to further reduction of SSB was likely, increasing in some years and decreasing have an impact and pose the greatest which could lead to a risk of fisheries in others (G. Diaz, NMFS, personal

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communication, 2010). According to there is consensus that the ICCAT bluefin tuna, and also that ICCAT CITES (2010), there is also great process is failing the species. consider an immediate closure of all uncertainty regarding potential In the petition, CBD states that in known bluefin tuna spawning grounds recruitment of the western Atlantic 2008, ICCAT failed to adopt the at least during known spawning stock. In addition, Safina and Klinger measures suggested by ICCAT scientists periods. According to CBD, ICCAT did (2008) suggest that the western Atlantic for eastern Atlantic and Mediterranean not follow these recommendations. stock is currently in danger of extinction bluefin tuna. Based on the 2008 stock CBD states that ICCAT’s management and that a moratorium on fishing this assessment, SCRS had advised that the performance for the western Atlantic stock should be implemented. maximum TAC for the eastern Atlantic bluefin tuna stock is also poor. According to the last ICCAT stock stock be set on the order of 15,000 t or According to the petition, in 2008, it assessment (2008), the most pessimistic less. SCRS also advised that a time and was concluded that the 20–year recruitment scenario indicates that even area closure during the spawning rebuilding plan that was initiated in a closure of the fishery would not months could greatly facilitate the 1998 has not resulted in the rebuilding achieve rebuilding of the stock by 2019. implementation and monitoring of that was projected. CBD notes that the However, under different assumptions rebuilding. Additionally, SCRS review panel attributed the slow of recruitment, recovery is projected to indicated that a moratorium over the rebuilding of the stock to two potential occur within this timeframe (SCRS, East Atlantic and Mediterranean Sea causes: (1) ICCAT’s adoption of quotas 2009). Fishing mortality of large western during 1, 3, or 5 years followed by an at levels that fail to meet rebuilding goals, and (2) the rate of mixing between Atlantic bluefin tuna has declined F0.1 management strategy would recently, and the TAC was not taken for the two stocks. The SCRS (2008) noted increase the probability of rebuilding several years primarily because of U.S. that mixing rates are important as even the stock by 2023 (SCRS, 2009). In 2008, underharvest, which ranged from 40 to a small amount of mixing between the ICCAT established TACs for eastern 80 percent of its national quota in 2006– larger eastern stock and the smaller bluefin tuna that declined annually for 2008 (SCRS, 2009). SCRS has indicated western stock could have significant the years 2009 through 2011 (22,000 t, that there are two plausible effects on the recovery of the latter. 19,950 t, and 18,500 t, respectively). explanations for this: (1) the availability CBD also cites the lack of data as a However, in the petition, CBD did not of fish to the U.S. fishery has been significant problem plaguing the recognize that, in 2009, ICCAT adopted abnormally low due to a change in the management of the eastern bluefin tuna new 2010 TAC levels for eastern bluefin spatial distribution of the stock; and/or stock. It notes that reported catches from (2) the overall size of the population in tuna of 13,500 t, which is within the the mid 1970s to 2007 were inaccurate, the Western Atlantic declined range of scientific advice, and agreed often underestimating the actual catch. substantially from the level of recent that, at its 2010 meeting, it would Therefore, according to CBD, the extent years (SCRS, 2009). It is important to establish TACs for 2011–2013 with the of the Atlantic bluefin tuna decline is note that U.S. catches have steadily goal of achieving biomass at maximum underestimated. According to the increased since 2006, and in 2009, the sustainable yield (Bmsy) through 2022 petition, this then leads to overfishing United States caught its entire base (the end of the eastern/Mediterranean and severe population decline because quota. bluefin tuna recovery period) with at quotas are not based on the high catch least 60 percent probability, on the basis that actually occurred, and there are no Predation and Disease of 2010 SCRS advice (ICCAT, 2009). fishery independent data that would According to CBD, emerging CBD also presents information regarding better characterize the decline. environmental stress on Atlantic bluefin an independent review that ICCAT CBD contends that U.S. fishery tuna may make them more vulnerable to initiated in 2008 in response to management also fails to meet its disease, and tuna ranching may also concerns expressed at the United domestic legal obligation to manage increase the prevalence and spread of Nations and other international fora fisheries in order to attain optimum disease. CBD asserts that confined or about the sustainable management of yield. It states that the U.S. management escaped fish present a threat to wild fish high seas fisheries. According to CBD, measures for western Atlantic bluefin from the spread of disease and parasites, although the review covered all species tuna in the Consolidated Atlantic as confined fish are particularly within ICCAT’s management Highly Migratory Species Fishery vulnerable to disease. It also notes that jurisdiction, the Executive Summary of Management Plan (HMS FMP) are diseases in confined fish that are the final report noted that ICCAT’s ineffective at maintaining stocks and controlled through the use of antibiotics international reputation ‘‘will be based meeting the requirements to rebuild the can result in more virulent strains of largely on how ICCAT manages fisheries population to healthy levels as disease that are then resistant to on bluefin tuna.’’ They cite that Hurry et mandated by the Magnuson Stevens antibiotics. While it presents some al. (2008) stated that ‘‘ICCAT’s members’ Act. The petition also references a information in the petition regarding performance in managing fisheries on proposed rule that NMFS recently disease, CBD does state that disease and bluefin tuna particularly in the eastern published to increase the maximum predation are not primary threats Atlantic and Mediterranean Sea is daily retention limit and lengthen the responsible for the decline of the widely regarded as an international season of the General category fishery species. disgrace.’’ The petition indicates that the and increase the Harpoon category daily independent review panel concluded incidental retention limit (74 FR 57128; Inadequacy of Existing Regulatory that the ICCAT Convention Objectives November 4, 2009), and indicates that Mechanisms were not met for either of the two these proposals were made despite the CBD states that existing regulatory bluefin tuna stocks. The petition goes on lack of success of recovery efforts for the mechanisms for Atlantic bluefin tuna to state that the panel recommended western Atlantic bluefin tuna stock. It is are inadequate. The petition indicates that ICCAT suspend fishing on bluefin important to note, however, that the that the responsibility for overfishing tuna in the eastern Atlantic and information available in our files and the poor status of Atlantic bluefin Mediterranean until ICCAT members indicates that western bluefin tuna tuna stocks falls on ICCAT and its fully comply with ICCAT biomass levels are not in decline at this member countries, and CBD asserts that recommendations on this stock of time and have remained stable, at low

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levels, since the 1990s. It is also offshore aquaculture include increased this species throughout its range; (2) important to note that although NMFS’ nutrient loading, habitat degradation, historical and current condition; (3) November 4, 2009, proposed rule was fish escapement, competition with wild population status and trends; (4) any intended to more thoroughly utilize the Atlantic bluefin tuna, and spread of current or planned activities that may available U.S. bluefin tuna quota pathogens. CBD concludes that offshore adversely impact the species, especially established under the 20–year aquaculture will affect Atlantic bluefin as related to the five factors specified in rebuilding program as, in accordance tuna. section 4(a)(1) of the ESA and listed with the Atlantic Tunas Convention Act Petition Finding above; (5) ongoing efforts to protect and (16 U.S.C. 971 et seq.), the United States restore the species and its habitat; (6) cannot increase or decrease its bluefin Based on the above information and genetic data or other information that tuna quota established by ICCAT. To the criteria specified in 50 CFR would help us determine whether any date, the rule has not been finalized. 424.14(b)(2), we find that the petition population segments of Atlantic bluefin Finally, the petition claims that there presents substantial scientific and tuna meet the DPS policy criteria of are no habitat protections for the commercial information indicating that discreteness and significance; and (7) western Atlantic bluefin tuna stock. It the petitioned action concerning whether any particular portions of the notes that NMFS designated an area of Atlantic bluefin tuna may be warranted. range of the Atlantic bluefin tuna the Gulf of Mexico as a Habitat Area of Under section 4(b)(3)(A) of the ESA, this constitute significant portions of the Particular Concern and identified positive 90–day finding requires NMFS range of the species or of any potential bluefin tuna spawning grounds as to commence a status review of the DPSs that may exist. We request that all needing special protection. However, it species. During our status review, we information be accompanied by: (1) states that NMFS did not implement any will consider whether there are multiple supporting documentation such as measures that would actually protect DPSs within the species’ range, whether maps, bibliographic references, or the habitat, and, thus, this designation these are threatened or endangered, and reprints of pertinent publications; and has done little to protect the species. whether the species is in danger of (2) the submitter’s name, address, and extinction throughout all or a significant any association, institution, or business Other Natural or Manmade Factors portion of its range or likely to become that the person represents. Affecting Its Existence so in the foreseeable future. We now Chemical contaminants, such as initiate this review, and thus, the Peer Review Atlantic bluefin tuna is now considered endocrine disrupting chemicals (EDCs) On July 1, 1994, NMFS, jointly with to be a candidate species (69 FR 19976; and mercury, and offshore aquaculture the U.S. Fish and Wildlife Service, April 15, 2004). Within 12 months of in the Gulf of Mexico are presented by published a series of policies regarding CBD as potential threats to Atlantic the receipt of the petition (May 24, 2011), we will make a finding as to listings under the ESA, including a bluefin tuna. CBD cites Storelli et al. policy for peer review of scientific data (2008) and Fossi et al. (2002) who whether listing Atlantic bluefin tuna or DPSs of Atlantic bluefin tuna as (59 FR 34270). The intent of the peer warned that EDCs have the potential to endangered or threatened is warranted, review policy is to ensure listings are result in reproductive alterations in as required by section 4(b)(3)(B) of the based on the best scientific and bluefin tuna as a result of ESA. If warranted, we will publish a commercial data available. We solicit bioaccumulation. Storelli et al. (2008) proposed rule and solicit public the names of recognized experts in the concluded that exposure to EDCs over a comments before developing and field that could take part in the peer long lifetime might ‘‘create the publishing a final determination. review process for this status review. prerequisite for the development of Independent peer reviewers will be pathological conditions’’ in Atlantic References Cited selected from the academic and bluefin tuna in the Mediterranean. CBD A complete list of the references used scientific community, tribal and other also states that mercury may accumulate in this finding is available upon request Native American groups, Federal and in the food chain due to low pH (see ADDRESSES). state agencies, the private sector, and resulting from climate change induced public interest groups. Information Solicited ocean acidification, which will result in Authority: 16 U.S.C. 1531 et seq. increased bioaccumulation in Atlantic To ensure the status review is based bluefin tuna. on the best available scientific and Dated: September 14, 2010. The petitioner also suggests that commercial data, we solicit information Eric C. Schwaab, offshore aquaculture in the Gulf of pertaining to Atlantic bluefin tuna. Assistant Administrator for Fisheries, Mexico is an emerging threat to Atlantic Specifically, we solicit information in National Marine Fisheries Service. bluefin tuna. CBD cites NMFS (2009), the following areas: (1) historical and [FR Doc. 2010–23486 Filed 9–16–10; 11:15 am] stating that potential impacts from current distribution and abundance of BILLING CODE 3510–22–S

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Notices Federal Register Vol. 75, No. 182

Tuesday, September 21, 2010

This section of the FEDERAL REGISTER the collection of information unless it Number of Respondents: 35. contains documents other than rules or displays a currently valid OMB control Frequency of Responses: Reporting: proposed rules that are applicable to the number. On occasion. public. Notices of hearings and investigations, Total Burden Hours: 7. committee meetings, agency decisions and Agricultural Research Service rulings, delegations of authority, filing of Title: Food Safety Education and Ruth Brown, petitions and applications and agency Training Materials Sharing Form. Departmental Information Collection statements of organization and functions are OMB Control Number: 0518—NEW. Clearance Officer. examples of documents appearing in this Summary of Collection: The USDA [FR Doc. 2010–23531 Filed 9–20–10; 8:45 am] section. National Agricultural Library (NAL) has BILLING CODE 3410–03–P a Food Safety Education and Training DEPARTMENT OF AGRICULTURE Materials Database. The Database is a centralized gateway to access consumer- DEPARTMENT OF AGRICULTURE centric materials for educators and Submission for OMB Review; Forest Service Comment Request others interested in food safety education. The collection of information September 16, 2010. Saguache County Resource Advisory is necessary to (1) Ensure resources are Committee The Department of Agriculture has not duplicated (i.e. extension agents submitted the following information creating previously available education AGENCY: Forest Service, USDA. collection requirement(s) to OMB for materials) (2) provide a central gateway ACTION: Notice of meeting. review and clearance under the to access the education materials (3) Paperwork Reduction Act of 1995, create a systematic and efficient method SUMMARY: The Saguache County Public Law 104–13. Comments of collecting data from USDA grantees Resource Advisory Committee will meet regarding (a) Whether the collection of and (4) promote awareness of food in Saguache, Colorado. The committee information is necessary for the proper safety education materials available for is meeting as authorized under the performance of the functions of the a variety of audiences. Materials that Secure Rural Schools and Community agency, including whether the will be collected using the ‘‘Food Safety Self-Determination Act (Pub. L. 110– information will have practical utility; Education and Training Materials 343) and in compliance with the Federal (b) the accuracy of the agency’s estimate Sharing Form’’ will help the Food Safety Advisory Committee Act. The purpose of burden including the validity of the Information Center (FSIC) staff identify is to review and recommend project methodology and assumptions used; (c) food safety education and training proposals to be funded with Title II ways to enhance the quality, utility and resources for review and inclusion into money. clarity of the information to be the Education and Training Materials DATES: The meeting will be held on collected; (d) ways to minimize the Database much faster and more October 6, 2010, and will begin at 10 burden of the collection of information efficiently. The authority for NAL to a.m. on those who are to respond, including collect this information is contained in through the use of appropriate CFR, Title 7, Volume 1, Part 2, Subpart ADDRESSES: The meeting will be held at automated, electronic, mechanical, or K, Sec. 2.65(92). the Saguache Community Building, 525 other technological collection Need and Use of the Information: 7th Street, Saguache, Colorado. Written techniques or other forms of information FSIS staff members will use information comments should be sent to Mike technology should be addressed to: Desk collected by the Sharing Form to build Blakeman, San Luis Valley Public Lands Officer for Agriculture, Office of and constantly enhance the Food Safety Center, 1803 West U.S. Highway 160, Information and Regulatory Affairs, Education and Training Materials Monte Vista, CO 81144. Comments may Office of Management and Budget Database. Food safety educators access also be sent via e-mail to (OMB), and use this database to identify and [email protected], or via facsimile [email protected] or obtain curricula, lesson plans, training to 719–852–6250. fax (202) 395–5806 and to Departmental tools and participant materials. Vital All comments, including names and Clearance Office, USDA, OCIO, Mail information about these resources, such addresses when provided, are placed in Stop 7602, Washington, DC 20250– as a description of the resources, its the record and are available for public 7602. Comments regarding these creator, publishing and ordering inspection and copying. The public may information collections are best assured information can be collected in a more inspect comments received at the San of having their full effect if received standardized and efficient manner using Luis Valley Public Lands Center, 1803 within 30 days of this notification. the Sharing Form. Failure to collect this West U.S. Highway 160, Monte Vista, Copies of the submission(s) may be information would significantly inhibit CO 81144. obtained by calling (202) 720–8958. the ability to provide up-to-date FOR FURTHER INFORMATION CONTACT: An agency may not conduct or information on existing food safety Mike Blakeman, RAC coordinator, sponsor a collection of information education and training materials that are USDA, San Luis Valley Public Lands unless the collection of information appropriate for food safety educators, Center, 1803 West U.S. Highway 160, displays a currently valid OMB control consumers and others interested in food Monte Vista, CO 81144; 719–852–6212; number and the agency informs safety education. E-mail [email protected]. potential persons who are to respond to Description of Respondents: Individuals who use the collection of information that such Individuals or households; Business or telecommunication devices for the deaf persons are not required to respond to other for-profit. (TDD) may call the Federal Information

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Relay Service (FIRS) at 1–800–877–8339 Chippewa National Forest Supervisors Needs and Uses: The United States between 8 a.m. and 8 p.m., Eastern Office. Visitors are encouraged to call and several other countries have Standard Time, Monday through Friday. ahead to 218–335–8600 to facilitate undertaken to increase the effectiveness SUPPLEMENTARY INFORMATION: The entry into the building. of their respective controls over meeting is open to the public. The FOR FURTHER INFORMATION CONTACT: Kay international trade in strategic following business will be conducted: K. Getting, Public Affairs Team Leader, commodities by means of an Import (1) Introductions of all committee Chippewa National Forest Supervisors Certificate procedure. For the U.S. members, replacement members and Office, 218–335–8600. importer, this procedure provides that, Forest Service personnel; (2) Develop Individuals who use where required by the exporting country criteria to evaluate project proposals; (3) telecommunication devices for the deaf with respect to a specific transaction, Review, evaluate and recommend (TDD) may call the Federal Information the importer certifies to the U.S. project proposals to be funded with Relay Service (FIRS) at 1–800–877–8339 Government that he/she will import Title II money; (4) Create a timeline to between 8 a.m. and 8 p.m., Eastern specific commodities into the United receive and review new project Standard Time, Monday through Friday. States and will not reexport such proposals and schedule the next SUPPLEMENTARY INFORMATION: The commodities except in accordance with meeting; and (5) Public Comment. meeting is open to the public. The the export control regulations of the Persons who wish to bring related following business will be conducted: United States. The U.S. Government, in matters to the attention of the Overview of the roles and turn, certifies that such representations Committee may file written statements responsbilities of the Chippewa have been made. with the Committee staff before or after National Forest Resource Advisory Affected Public: Business and other the meeting. Committee members; Election of for-profit organizations. officers, Development of rules and Frequency: On occasion. Dated: September 10, 2010. operational guidelines; Public forum on Respondent’s Obligation: Required to Dan S. Dallas, when and how to submit project obtain or retain benefits. Forest Supervisor. proposals. The agenda and any OMB Desk Officer: Jasmeet Seehra, [FR Doc. 2010–23236 Filed 9–20–10; 8:45 am] applicable documents may be (202) 395–3123. BILLING CODE 3410–11–P previewed at http://fs.usda.gov/ Copies of the above information chippewa. Persons who wish to bring collection proposal can be obtained by related matters to the attention of the calling or writing Diana Hynek, DEPARTMENT OF AGRICULTURE Committee may file written statements Departmental Paperwork Clearance with the Committee staff before or after Officer, (202) 482–0266, Department of Forest Service the meeting. Public input sessions will Commerce, Room 6616, 14th and be provided and individuals who made Constitution Avenue, NW., Washington, Chippewa National Forest Resource DC 20230 (or via the Internet at Advisory Committee written requests by October 1, 2010 will have the opportunity to address the [email protected]). AGENCY: Forest Service, USDA. Comittee at those sessions. Written comments and recommendations for the proposed ACTION: Notice of meeting. Dated: September 9, 2010. information collection should be sent Robert N. Schmal, SUMMARY: The Chippewa National within 30 days of publication of this Forest Resource Advisory Committee Acting Chippewa National Forest Supervisor. notice to Jasmeet Seehra, will meet in Grand Rapids, Minnesota. [FR Doc. 2010–23566 Filed 9–20–10; 8:45 am] [email protected], or by The committee is meeting as authorized BILLING CODE 3410–11–P fax to (202) 395–5167. under the Secure Rural Schools and Dated: September 15, 2010. Community Self-Determination Act Gwellnar Banks, (Pub. L. 110–343) and in compliance DEPARTMENT OF COMMERCE Management Analyst, Office of the Chief with the Federal Advisory Committee Information Officer. Act. The purpose of the meeting is to Submission for OMB Review; [FR Doc. 2010–23432 Filed 9–17–10; 8:45 am] orient the new Chippewa National Comment Request BILLING CODE 3510–33–P Forest Resource Advisory Committee The Department of Commerce will members on their roles and submit to the Office of Management and responsibilities. Budget (OMB) for clearance the DEPARTMENT OF COMMERCE DATES: The meeting will be held on following proposal for collection of Thursday, October 7, 2010, at 9:45 a.m. information under the provisions of the Submission for OMB Review; ADDRESSES: The meeting will be held at Paperwork Reduction Act (44 U.S.C. Comment Request the Minnesota Interagency Fire Center, Chapter 35). Agency: Bureau of Industry and The Department of Commerce will Training Room, 402 11th Street, SE., Security (BIS). submit to the Office of Management and Grand Rapids, Minnesota 55744. Title: International Import Certificate. Budget (OMB) for clearance the Written comments should be sent to OMB Control Number: 0694–0017. following proposal for collection of Chippewa National Forest RAC, 200 Form Number(s): BIS–645P. information under the provisions of the Ash Avenue, NW., Cass Lake, MN Type of Request: Regular submission Paperwork Reduction Act (44 U.S.C. 56633. Comments may also be sent via (extension of a currently approved Chapter 35). e-mail to [email protected], or via information collection). Agency: National Oceanic and facsimile to 218–335–8637. Burden Hours: 52. Atmospheric Administration (NOAA). All comments, including names and Number of Respondents: 195. Title: Natural Resource Damage addresses when provided, are placed in Average Hours per Response: 15 Assessment Restoration Project the record and are available for public minutes to complete BIS–645P; and 1 Information Sheet. inspection and copying. The public may minute for the recordkeeping OMB Control Number: 0648–0497. inspect comments received at the requirement. Form Number(s): NA.

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Type of Request: Regular submission Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE (extension of a currently approved Chapter 35). information collection). Agency: Bureau of Industry and Submission for OMB Review; Number of Respondents: 66. Security (BIS). Comment Request Average Hours per Response: 20 minutes. Title: Delivery Verification Certificate The Department of Commerce will Burden Hours: 55. and Procedure. submit to the Office of Management and Needs and Uses: The purpose of the OMB Control Number: 0694–0016. Budget (OMB) for clearance the collection of this information is to assist Form Number(s): BIS–647P. following proposal for collection of information under the provisions of the state and federal Natural Resource Type of Request: Regular submission Trustees in more efficiently carrying out Paperwork Reduction Act (44 U.S.C. (extension of a currently approved Chapter 35). the restoration planning phase of information collection). Natural Resource Damage Assessments Agency: Bureau of Industry and (NRDA), in compliance with the Burden Hours: 56. Security (BIS). National Environmental Policy Act of Number of Respondents: 100. Title: Application for NATO 1969, 42 U.S.C. 4321–4370d; 40 CFR Average Hours per Response: 30 International Competitive Bidding. 1500–1500 and other federal and local minutes to complete BIS–647P; 1 OMB Control Number: 0694–0128. statutes and regulations as applicable. minute for recordkeeping requirement; Form Number(s): BIS–4023P. The NRDA Restoration Project and 4 hours for a special circumstance. Type of Request: Regular submission Information Sheets are designed to Needs and Uses: The Delivery (extension of a currently approved facilitate the collection of information Verification Certificate is the result of an information collection). on existing, planned, or proposed agreement between the United States Burden Hours: 40. restoration projects. This information and a number of other countries to Number of Respondents: 40. will be used by the Natural Resource increase the effectiveness of their Average Hours per Response: 1 hour. Trustees to develop potential restoration respective controls over international Needs and Uses: All U.S. firms alternatives for natural resource injuries trade in strategic commodities. The form desiring to participate in the NATO and service losses requiring restoration is issued and certified by the International Competitive Bidding (ICB) during the restoration planning phase of government of the country of ultimate process under the NATO Security the NRDA process. destination, at the request of the U.S. Affected Public: State, local or tribal Investment Program (NSIP) must be government (BIS). Supplement No. 5 to government; business or other for-profit; certified as technically, financially and Part 748 of the current Export non-profit organizations. professionally competent. The U.S. Administration Regulations covers three Frequency: On occasion. Department of Commerce is the agency Respondent’s Obligation: Voluntary. special circumstances in which the that provides the Statement of Eligibility OMB Desk Officer: usual procedure for the Delivery which certifies these firms. Any such [email protected]. Verification Certificate would require firm seeking certification is required to Copies of the above information clarification. submit a completed Form BIS–4023P collection proposal can be obtained by Affected Public: Business or other for- along with a current annual financial calling or writing Diana Hynek, profit organizations; not-for-profit report and a resume of past projects in Departmental Paperwork Clearance institutions. order to become certified and placed on Officer, (202) 482–0266, Department of Frequency: On occasion. the Consolidated List of Eligible Bidders. Commerce, Room 6616, 14th and Respondent’s Obligation: Required to Respondent’s Obligation: Required to Constitution Avenue, NW., Washington, obtain or retain benefits. DC 20230 (or via the Internet at obtain or retain benefits. [email protected]). OMB Desk Officer: Jasmeet Seehra, OMB Desk Officer: Jasmeet Seehra, Written comments and (202) 395–3123. (202) 395–3123. recommendations for the proposed Copies of the above information Copies of the above information information collection should be sent collection proposal can be obtained by collection proposal can be obtained by within 30 days of publication of this calling or writing Diana Hynek, calling or writing Diana Hynek, notice to Departmental Paperwork Clearance Departmental Paperwork Clearance [email protected]. Officer, (202) 482–0266, Department of Officer, (202) 482–0266, Department of Dated: September 15, 2010. Commerce, Room 6616, 14th and Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, Gwellnar Banks, Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at DC 20230 (or via the Internet at Management Analyst, Office of the Chief [email protected]). Information Officer. [email protected]). [FR Doc. 2010–23434 Filed 9–20–10; 8:45 am] Written comments and Written comments and recommendations for the proposed recommendations for the proposed BILLING CODE 3510–22–P information collection should be sent information collection should be sent within 30 days of publication of this within 30 days of publication of this DEPARTMENT OF COMMERCE notice to Jasmeet Seehra, notice to Jasmeet Seehra, [email protected], or by [email protected], or by Submission for OMB Review; fax to (202) 395–5167. fax to (202) 395–5167. Comment Request Dated: September 15, 2010. Dated: September 16, 2010. The Department of Commerce will Gwellnar Banks, Gwellnar Banks, submit to the Office of Management and Management Analyst, Office of the Chief Management Analyst, Office of the Chief Budget (OMB) for clearance the Information Officer. Information Officer. following proposal for collection of [FR Doc. 2010–23431 Filed 9–20–10; 8:45 am] [FR Doc. 2010–23494 Filed 9–20–10; 8:45 am] information under the provisions of the BILLING CODE 3510–33–P BILLING CODE 3510–33–P

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DEPARTMENT OF COMMERCE DATES: To ensure consideration, written which 42,032 households were comments must be submitted on or interviewed. We estimate that each Performance Review Board before November 22, 2010. household contains 2.1 people, yielding Membership ADDRESSES: Direct all written comments 88,267 person-level interviews in Wave 1 and subsequent waves. Interviews take AGENCY: Economics and Statistics to Diana Hynek, Departmental 30 minutes on average. Three waves Administration, Commerce. Paperwork Clearance Officer, Department of Commerce, Room 6616, will occur in the 2008 SIPP Panel ACTION: Notice. 14th and Constitution Avenue, NW., during FY 2011. The total annual burden for 2008 Panel SIPP interviews SUMMARY: Washington, DC 20230 (or via the Below is a listing of would be 132,400 hours in FY 2011. individuals who are eligible to serve on Internet at [email protected]). FOR FURTHER INFORMATION CONTACT: The topical modules for the 2008 the Performance Review Board in Panel Wave 9 collect information about: accordance with the Economics and Requests for additional information or • copies of the information collection Adult Well-being Statistics Administration’s Senior • Informal Care-giving Executive Service and Senior instrument(s) and instructions should be directed to Patrick J. Benton, Census Wave 8 interviews will be conducted Professional Performance Management from May 1, 2011 through August 31, Systems: Bureau, Room HQ–6H045, Washington, DC 20233–8400, (301) 763–4618. 2011. William G. Bostic, Jr., A 10-minute reinterview of 3,100 SUPPLEMENTARY INFORMATION: Brian Callahan, people is conducted at each wave to Nancy M. Gordon, I. Abstract ensure accuracy of responses. Howard R. Hogan, The Census Bureau conducts the Reinterviews require an additional Arnold A. Jackson, SIPP, which is a household-based 1,553 burden hours in FY 2011. Theodore A. Johnson, survey designed as a continuous series II. Method of Collection Steven J. Jost, of national panels. New panels are J. Steven Landefeld, The SIPP is designed as a continuing introduced every few years with each series of national panels of interviewed Jennifer Madans, panel usually having durations of one to Marilia Matos, households that are introduced every four years. Respondents are interviewed few years with each panel having Brian E. McGrath, at 4-month intervals or ‘‘waves’’ over the Thomas L. Mesenbourg, durations of 1 to 4 years. All household life of the panel. The survey is molded members 15 years old or over are Brent R. Moulton, ‘‘ ’’ around a central core of labor force interviewed using regular proxy- Brian C. Moyer, and income questions that remain fixed respondent rules. During the 2008 Joel D. Platt, throughout the life of the panel. The panel, respondents are interviewed a Nancy A. Potok, core is supplemented with questions total of 13 times (13 waves) at 4-month Obie G. Whichard, designed to address specific needs, such intervals making the SIPP a longitudinal James K. White. as obtaining information on household survey. Sample people (all household FOR FURTHER INFORMATION CONTACT: members’ participation in government members present at the time of the first Latasha Ellis, 301–763–3727. programs as well as prior labor force interview) who move within the country patterns of household members. These and reasonably close to a SIPP primary Dated: September 9, 2010. supplemental questions are included James K. White, sampling unit will be followed and with the core and are referred to as interviewed at their new address. Associate Under Secretary for Management, ‘‘ ’’ topical modules. Individuals 15 years old or over who Chair, Performance Review Board. The SIPP represents a source of enter the household after Wave 1 will be [FR Doc. 2010–23433 Filed 9–20–10; 8:45 am] information for a wide variety of topics interviewed; however, if these BILLING CODE 3510–BS–P and allows information for separate individuals move, they are not followed topics to be integrated to form a single, unless they happen to move along with unified database so that the interaction a Wave 1 sample individual. DEPARTMENT OF COMMERCE between tax, transfer, and other government and private policies can be III. Data Census Bureau examined. Government domestic-policy OMB Control Number: 0607–0944. Proposed Information Collection; formulators depend heavily upon the Form Number: SIPP/CAPI Automated Comment Request; Survey of Income SIPP information concerning the Instrument. and Program Participation (SIPP) Wave distribution of income received directly Type of Review: Regular submission. 9 of the 2008 Panel as money or indirectly as in-kind Affected Public: Individuals or benefits and the effect of tax and households. AGENCY: U.S. Census Bureau. transfer programs on this distribution. Estimated Number of Respondents: ACTION: Notice. They also need improved and expanded 88,267 people per wave. data on the income and general Estimated Time per Response: 30 SUMMARY: The Department of economic and financial situation of the minutes per person on average. Commerce, as part of its continuing U.S. population. The SIPP has provided Estimated Total Annual Burden effort to reduce paperwork and these kinds of data on a continuing basis Hours: 133,953.1 respondent burden, invites the general since 1983 permitting levels of Estimated Total Annual Cost: The public and other Federal agencies to economic well-being and changes in only cost to respondents is their time. take this opportunity to comment on these levels to be measured over time. Respondent’s Obligation: Voluntary. proposed and/or continuing information The 2008 panel is currently scheduled Legal Authority: Title 13, United collections, as required by the for 4 years and will include 13 waves States Code, Section 182. Paperwork Reduction Act of 1995, of interviewing beginning September Public Law 104–13 (44 U.S.C. 2008. Approximately 65,300 households 1 (88,267 × .5 hr × 3 waves + 3,100 × .167 hr × 3506(c)(2)(A)). were selected for the 2008 panel, of 3 waves)

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IV. Request for Comments aluminum extrusions from the PRC. See DEPARTMENT OF COMMERCE Comments are invited on: (a) Whether Aluminum Extrusions from the People’s National Oceanic and Atmospheric the proposed collection of information Republic of China: Initiation of Administration is necessary for the proper performance Countervailing Duty Investigation, 75 FR 22114 (April 27, 2010) (Initiation), and of the functions of the agency, including Availability of Seats for the Hawaiian whether the information shall have accompanying Initiation Checklist 1 and Aluminum Extrusions from the People’s Islands Humpback Whale National practical utility; (b) the accuracy of the Marine Sanctuary Advisory Council agency’s estimate of the burden Republic of China: Initiation of (including hours and cost) of the Antidumping Duty Investigation, 75 FR AGENCY: Office of National Marine proposed collection of information; (c) 22108 (April 27, 2010). The Sanctuaries (ONMS), National Ocean ways to enhance the quality, utility, and countervailing and antidumping duty Service (NOS), National Oceanic and clarity of the information to be investigations have the same scope with Atmospheric Administration (NOAA), collected; and (d) ways to minimize the regard to the subject merchandise Department of Commerce (DOC). burden of the collection of information covered. On September 7, 2010, the ACTION: Notice and request for on respondents, including through the Department published the preliminary applications. use of automated collection techniques affirmative countervailing duty SUMMARY: or other forms of information determination pertaining to aluminum The ONMS is seeking technology. extrusions from the PRC. See Aluminum applications for the following vacant Comments submitted in response to Extrusions From the People’s Republic seats on the Hawaiian Islands this notice will be summarized and/or of China: Preliminary Affirmative Humpback Whale National Marine included in the request for OMB Countervailing Duty Determination, 75 Sanctuary Advisory Council: approval of this information collection; FR 54302 (September 7, 2010). Commercial Shipping, Whale Watching, they also will become a matter of public On September 7, 2010, the Ocean Recreation, Business/Commerce, record. petitioners 2 submitted a letter, pursuant Citizen-at-Large, Conservation, Tourism, to 19 CFR 351.210(b)(4)(i), requesting Lana‘i Island Representative, and Dated: September 15, 2010. Moloka‘i Island Representative. Glenna Mickelson, alignment of the final countervailing duty determination with the final Applicants are chosen based upon their Management Analyst, Office of the Chief particular expertise and experience in determination in the companion Information Officer. relation to the seat for which they are antidumping duty investigation of [FR Doc. 2010–23453 Filed 9–20–10; 8:45 am] applying; community and professional aluminum extrusions from the PRC. BILLING CODE 3510–07–P affiliations; philosophy regarding the Therefore, in accordance with section protection and management of marine 705(a)(1) of the Tariff Act of 1930, as resources; and possibly the length of DEPARTMENT OF COMMERCE amended (the Act), and 19 CFR residence in the area affected by the 351.210(b)(4), we are aligning the final sanctuary. Applicants who are chosen International Trade Administration countervailing duty determination on as members should expect to serve two- [C–570–968] aluminum extrusions from the PRC with year terms, pursuant to the council’s the final determination in the charter. Aluminum Extrusions From the companion antidumping duty DATES: Applications are due by 1 People’s Republic of China: Alignment investigation of aluminum extrusions December 2010. of Final Countervailing Duty from the PRC. The final countervailing Determination With Final Antidumping duty determination will be issued on ADDRESSES: Application kits may be Duty Determination the same date as the final antidumping obtained from Joseph Paulin, 6600 duty determination, currently scheduled Kalanianaole Hwy, Suite 301, Honolulu, AGENCY: Import Administration, for January 10, 2011. HI 96825 or [email protected]. International Trade Administration, Completed applications should be sent Department of Commerce. This notice is issued and published to the same address. Applications are SUMMARY: The Department of Commerce pursuant to section 705(a)(1) of the Act. also available on line at http:// (the Department) is aligning the final Dated: September 15, 2010. hawaiihumpbackwhale.noaa.gov. determination in the countervailing Ronald K. Lorentzen, FOR FURTHER INFORMATION CONTACT: duty investigation of aluminum Deputy Assistant Secretary for Import Joseph Paulin, 6600 Kalanianaole Hwy, extrusions from the People’s Republic of Administration. Suite 301, Honolulu, HI 96825 or China (PRC) with the final [FR Doc. 2010–23552 Filed 9–20–10; 8:45 am] [email protected] or determination in the companion BILLING CODE 3510–DS–P 808.397.2651 × 257. antidumping duty investigation. SUPPLEMENTARY INFORMATION: The DATES: Effective Date: September 21, 1 Public and business proprietary versions of HIHWNMS Advisory Council was 2010. Departmental memoranda referenced in this Notice established in March 1996 to assure are on file in the Central Records Unit (CRU), Room FOR FURTHER INFORMATION CONTACT: John 7046 in the main building of the Commerce continued public participation in the Conniff, AD/CVD Operations, Office 3, Department. management of the sanctuary. Since its Import Administration, U.S. Department 2 The petitioners are: Aluminum Extrusion Fair establishment, the council has played a of Commerce, Room 4014, 14th Street Trade Committee: Aerolite Extrusion Company; vital role in the decisions affecting the Alexandria Extrusions Company; Beneda Sanctuary surrounding the main and Constitution Avenue, NW., Aluminum of Florida, Inc.; William L. Bonnell Washington, DC 20230; telephone: (202) Company, Inc.; Frontier Aluminum Corporation; Hawaiian Islands. 482–1009. Futura Industries Corporation; Hydro Aluminum The council’s seventeen voting North American Inc.; Kaiser Aluminum members represent a variety of local Background Corporation; Profile Extrusion Company; Sapa user groups, as well as the general Extrusions, Inc.; Western Extrusions Corporation; On April 20, 2010, the Department and the United Steel, Paper, and Forestry, Rubber, public. initiated the countervailing and Manufacturing, Energy, Allied Industrial and The council is supported by four antidumping duty investigations on Service Workers International Union. committees: an Executive Committee

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chaired by the Sanctuary Advisory Business/Industry, Tourism, DEPARTMENT OF COMMERCE Council Chair, a Research Committee Community-at-Large: Tutuila East Side, chaired by the Research Representative, and Youth. Applicants are chosen based International Trade Administration an Education Committee chaired by the upon their particular expertise and [C–570–955] Education Representative, and a experience in relation to the seat for Conservation Committee chaired by the which they are applying; community Certain Magnesia Carbon Bricks from Conservation Representative, each and professional affiliations; philosophy the People’s Republic of China: respectively dealing with matters regarding the protection and Countervailing Duty Order concerning research, education and management of marine resources; and AGENCY: Import Administration, resource protection. possibly the length of residence in the The council represents the International Trade Administration, area affected by the sanctuary. coordination link between the sanctuary Department of Commerce. Applicants who are chosen as members and the state and federal management SUMMARY: Based on affirmative final agencies, user groups, researchers, should expect to serve 3-year terms, determinations by the Department of educators, policy makers, and other pursuant to the council’s charter. Commerce (the Department) and the various groups that help to focus efforts DATES: Applications are due by Friday, U.S. International Trade Commission and attention on the humpback whale October 29, 2010. (the ITC), the Department is issuing a and its habitat around the main countervailing duty order on certain Hawaiian Islands. ADDRESSES: Application kits may be magnesia carbon bricks (MCBs) from the The council functions in an advisory obtained from Emily Gaskin in the People’s Republic of China (PRC). On capacity to the sanctuary management Department of Commerce Office in the September 8, 2010, the ITC notified the and is instrumental in helping to Executive Office Building. Completed Department of its affirmative develop policies and program goals, and applications should be sent to the same determinations of material injury to a to identify education, outreach, address. U.S. industry with respect to imports of research, long-term monitoring, resource MCBs from the PRC and Mexico. See protection and revenue enhancement FOR FURTHER INFORMATION CONTACT: Certain Magnesia Carbon Bricks from priorities. The council works in concert Emily Gaskin, Department of Commerce China and Mexico (Investigation Nos. with the sanctuary management by Office, Executive Office Building, 701–TA–468 and 731–TA–1166–1167 keeping him or her informed about Utulei, American Samoa, 684–633–5155 (Final), USITC Publication 4076, issues of concern throughout the ext. 271, [email protected]. September 2010). sanctuary, offering recommendations on SUPPLEMENTARY INFORMATION: The EFFECTIVE DATE: September 21, 2010. specific issues, and aiding in achieving Fagatele Bay National Marine Sanctuary FOR FURTHER INFORMATION CONTACT: the goals of the sanctuary within the Advisory Council was established in Summer Avery or Toni Page, AD/CVD context of marine programs and policies 1986 pursuant to Federal law to ensure Operations, Office 6, Import of Hawai‘i. continued public participation in the Administration, International Trade Authority: 16 U.S.C. 1431, et seq. management of the sanctuary. The Administration, U.S. Department of (Federal Domestic Assistance catalog Number Sanctuary Advisory Council brings Commerce, Room 7866, 14th Street and 11.429 Marine Sanctuary Program) members of a diverse community Constitution Avenue, NW, Washington, Dated: September 13, 2010. together to provide advice to the DC 20230; telephone: (202) 482–4052 or (202) 482–1398, respectively. Daniel J. Basta, Sanctuary Manager (delegated from the Director, Office of National Marine Secretary of Commerce and the Under SUPPLEMENTARY INFORMATION: Sanctuaries, National Ocean Service, Secretary for Oceans and Atmosphere) Background National Oceanic and Atmospheric on the management and protection of On August 2, 2010, the Department Administration. the Sanctuary, or to assist the National published its affirmative final [FR Doc. 2010–23448 Filed 9–20–10; 8:45 am] Marine Sanctuary Program in guiding a BILLING CODE 3510–NK–M determination in the countervailing proposed site through the designation or duty investigation of MCBs from the the periodic management plan review PRC. See Certain Magnesia Carbon DEPARTMENT OF COMMERCE process. Bricks from the People’s Republic of Authority: 16 U.S.C. Sections 1431, et seq. China: Final Affirmative Countervailing National Oceanic and Atmospheric Duty Determination, 75 FR 45472 Administration (Federal Domestic Assistance catalog Number 11.429 Marine Sanctuary Program) (August 2, 2010) (Final Determination). On September 8, 2010, the ITC notified Availability of Seats for the Fagatele Dated: September 13, 2010. the Department of its final Bay National Marine Sanctuary Daniel J. Basta, determination pursuant to section Advisory Council Director, Office of National Marine 705(b)(1)(A)(i) of the Tariff Act of 1930, AGENCY: Office of National Marine Sanctuaries, National Ocean Service, as amended (the Act), that an industry Sanctuaries (ONMS), National Ocean National Oceanic and Atmospheric in the United States is materially Service (NOS), National Oceanic and Administration. injured by reason of imports of Atmospheric Administration (NOAA), [FR Doc. 2010–23447 Filed 9–20–10; 8:45 am] merchandise from the PRC found to be Department of Commerce (DOC). BILLING CODE 3510–NK–M subsidized by the Department’s final ACTION: Notice and request for determination. See section 705(a)(1) of applications. the Act; see also Final Determination. In addition, the ITC notified the SUMMARY: The ONMS is seeking Department of its final determination applications for the following vacant that critical circumstances do not exist seats on the Fagatele Bay National with respect to imports of subject Marine Sanctuary Advisory Council: merchandise from the PRC that are

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subject to the Department’s affirmative antioxidants can be added to the mix As a result of the Department’s critical circumstances finding. Pursuant from trace amounts to 15 percent by negative preliminary determination and to section 706(a) of the Act, the weight as various metals, metal alloys, subsequent affirmative final Department is publishing a and metal carbides). Certain magnesia determination, liquidation was countervailing duty order on the subject carbon bricks that are the subject of this suspended effective the publication date merchandise. order are currently classifiable under of the Final Determination. See Final subheadings 6902.10.1000, Determination, 75 FR at 45474. Scope of the Order 6902.10.5000, 6815.91.0000, In accordance with section 706 of the The scope of this order includes 6815.99.2000 and 6815.99.4000 of the Act, CBP will continue suspension of certain chemically–bonded (resin or Harmonized Tariff Schedule of the liquidation for MCBs from the PRC, and pitch), magnesia carbon bricks with a United States (‘‘HTSUS’’). While HTSUS will assess, upon further advice by the magnesia component of at least 70 subheadings are provided for Department pursuant to section percent magnesia (‘‘MgO’’) by weight, convenience and customs purposes, the 706(a)(1) of the Act, countervailing regardless of the source of raw materials written description is dispositive. duties for each entry of subject for the MgO, with carbon levels ranging merchandise in an amount based on the Countervailing Duty Order from trace amounts to 30 percent by net countervailable subsidy rates for the weight, regardless of enhancements (for On September 8, 2010, the ITC subject merchandise. example, magnesia carbon bricks can be notified the Department of its final On or after the date of publication of enhanced with coating, grinding, tar determination, pursuant to section the ITC’s final injury determination in impregnation or coking, high 705(b)(1)(A)(i) of the Act, that an the Federal Register, CBP must require, temperature heat treatments, anti–slip industry in the United States is at the same time as importers would treatments or metal casing) and materially injured as a result of normally deposit estimated duties on regardless of whether or not subsidized imports of MCBs from the this merchandise, a cash deposit equal antioxidants are present (for example, PRC.1 to the rates noted below:

Net Countervailable Subsidy Exporter/Manufacturer Rate

RHI (RHI Refractories Liaoning Co., Ltd. and RHI Refractories (Dalian) Co., Ltd.) ...... 24.24 % ad valorem Mayerton (Liaoning Mayerton Refractories and Dalian Mayerton Refractories Co. Ltd.) ...... 253.87 % ad valorem All Others ...... 24.24 % ad valorem

With regard to the ITC’s negative Dated: September 15, 2010. 482–5848 or (202) 482–4852, critical circumstances determination on Ronald K. Lorentzen, respectively. imports of the subject merchandise from Deputy Assistant Secretary for Import the PRC, as noted above, we did not Administration. SUPPLEMENTARY INFORMATION: instruct CBP to suspend entries and [FR Doc. 2010–23550 Filed 9–20–10; 8:45 am] Background collect a cash deposit, bond or other BILLING CODE 3510–DS–S security until publication of our Final On July 29, 2009, the Department of Determination on August 2, 2010. Commerce (‘‘Department’’) initiated the Accordingly, with respect to DEPARTMENT OF COMMERCE administrative review of the antidumping duty order on tapered countervailing duties, there are no International Trade Administration entries prior to March 12, 2010, for roller bearings and parts thereof, which CBP should lift suspension and finished or unfinished (‘‘TRBs’’), from release any bond or other security [A–570–601] the People’s Republic of China (‘‘PRC’’) for the period June 1, 2008, through May pursuant to the ITC’s negative critical Tapered Roller Bearings and Parts circumstances determination. Thereof, Finished and Unfinished, from 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative This notice constitutes the the People’s Republic of China; Reviews and Deferral of Administrative countervailing duty order with respect Extension of Time Limit for the Final Review, 74 FR 37690 (July 29, 2009). On to MCBs from the PRC pursuant to Results of the 2008–2009 July 15, 2010, the Department published section 706(a) of the Act. Interested Administrative Review of the its preliminary results of the parties may contact the Department’s Antidumping Duty Order administrative review of the Central Records Unit, Room 1117 of the antidumping order on TRBs from the main Commerce building, for copies of AGENCY: Import Administration, PRC. See Tapered Roller Bearings and an updated list of countervailing duty International Trade Administration, Department of Commerce. Parts Thereof, Finished or Unfinished, orders currently in effect. from the People’s Republic of China: FOR FURTHER INFORMATION CONTACT: This notice is issued and published in Preliminary Results of the 2008–2009 accordance with sections 705(c)(2), Brendan Quinn or Trisha Tran, AD/CVD Operations, Import Administration, Administrative Review of the 706(a) and 777(i)(1) of the Act, and 19 Antidumping Duty Order, 75 FR 41148 CFR 351.211. International Trade Administration, U.S. Department of Commerce, 14th (July 15, 2010). The final results of this Street and Constitution Avenue, NW., administrative review are currently due Washington, DC 20230, telephone: (202) no later than November 12, 2010.

1 Because the vote of the ITC with respect to determination of threat of material injury, the material injury consistent with section 771(11) of imports of MCBs from the PRC was evenly divided Department is treating this vote, for purposes of the Act. between a determination of material injury and a duty assessment, as an affirmative finding of

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Extension of Time Limit for Final the following vacant seats on the Dated: September 3, 2010. Results Stellwagen Bank National Marine Daniel J. Basta, Section 751(a)(3)(A) of the Tariff Act Sanctuary Advisory Council: Director, Office of National Marine of 1930, as amended (‘‘the Act’’), Advisory Council: for member and Sanctuaries, National Ocean Service, National Oceanic and Atmospheric requires the Department to issue the alternate seats for Conservation; and Administration. final results in an administrative review alternates seats for Whalewatching, within 120 days after the date on which [FR Doc. 2010–23450 Filed 9–20–10; 8:45 am] Education, At-Large and Mobile Gear BILLING CODE 3510–22–M the preliminary results are published. Commercial Fishing. However, if it is not practicable to Applicants are chosen based upon complete the review within this time DEPARTMENT OF COMMERCE period, section 751(a)(3)(A) of the Act their particular expertise and experience in relation to the seat for which they are allows the Department to extend the International Trade Administration time period to a maximum of 180 days. applying; community and professional We determine that it is not practicable affiliations; philosophy regarding the [C–570–957] to complete the final results of this protection and management of marine resources; and possibly the length of Certain Seamless Carbon and Alloy review within the original time limit Steel Standard, Line, and Pressure residence in the area affected by the because the Department requires Pipe from the People’s Republic of additional time to analyze: (a) Issues sanctuary. Applicants who are chosen China: Final Affirmative Countervailing raised in post-preliminary results as members should expect to serve two- Duty Determination, Final Affirmative supplemental questionnaire responses; to three-year terms, pursuant to the Critical Circumstances Determination (b) issues raised in recent surrogate council’s Charter. value submissions; and (c) the AGENCY: Import Administration, anticipated complexity of arguments in DATES: Applications are due by 11 International Trade Administration, the upcoming case and rebuttal briefs October, 2010 (COB: close of business Department of Commerce. due to surrogate valuation, successor-in- day). SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that interest, and scope issues with regard to ADDRESSES: Application kits may be countervailable subsidies are being the respondents. Therefore, given the obtained at http://www.stellwagen.noaa. complexity of issues in this case, we are provided to producers and exporters of gov/sac/news.html. Completed extending the time limit for completion seamless carbon and alloy steel applications should be sent to of the final results by 30 days. standard, line, and pressure pipe An extension of 30 days from the [email protected] or faxed to (‘‘seamless pipe’’) from the People’s current deadline of November 12, 2010, 781–545–8036. Republic of China (‘‘PRC’’). For would result in a new deadline of FOR FURTHER INFORMATION CONTACT: information on the estimated December 12, 2010. However, since Nathalie Ward, Stellwagen Bank countervailing duty rates, please see the December 12, 2010, falls on a Sunday, National Marine Sanctuary, 175 Edward ‘‘Suspension of Liquidation’’ section, a non-business day, the final results will Foster Road, Scituate, MA 02066, 781– below. now be due no later than December 13, 545–8026 X206, [email protected]. DATES: Effective Date: September 21, 2010, the next business day. 2010. This notice is published pursuant to SUPPLEMENTARY INFORMATION: The sections 751(a) and 777(i) of the Act. Stellwagen Bank National Marine FOR FURTHER INFORMATION CONTACT: Sanctuary Advisory Council was Shane Subler, Joseph Shuler, and Dated: September 15, 2010. Matthew Jordan, AD/CVD Operations, established in March 2001 to assure Susan H. Kuhbach, Office 1, Import Administration, continued public participation in the Acting Deputy Assistant Secretary for International Trade Administration, Antidumping and Countervailing Duty management of the Sanctuary. The U.S. Department of Commerce, 14th Operations. Advisory Council’s 17 voting members Street and Constitution Avenue, NW., [FR Doc. 2010–23551 Filed 9–20–10; 8:45 am] represent a variety of local user groups, Washington, DC 20230; telephone: (202) BILLING CODE 3510–DS–P as well as the general public, plus 6 482–0189, (202) 482–1293, and (202) local, state and Federal government 482–1540, respectively. agencies. Since its establishment, the DEPARTMENT OF COMMERCE Council has played a vital role in Period of Investigation advising the Sanctuary and NOAA on The period for which we are National Oceanic and Atmospheric critical issues. measuring subsidies, or period of Administration The Stellwagen Bank National Marine investigation, is January 1, 2008, Extension of Application Period for Sanctuary encompasses 842 square through December 31, 2008. Seats for the Stellwagen Bank National miles of ocean, stretching between Cape Case History Marine Sanctuary Advisory Council Ann and Cape Cod. Renowned for its The following events have occurred AGENCY: Office of National Marine scenic beauty and remarkable since our preliminary determination. Sanctuaries (ONMS), National Ocean productivity, the sanctuary supports a See Certain Seamless Carbon and Alloy Service (NOS), National Oceanic and rich diversity of marine life including Steel Standard, Line, and Pressure Pipe Atmospheric Administration (NOAA), 22 species of marine mammals, more from the People’s Republic of China: Department of Commerce (DOC). than 30 species of seabirds, over 60 Preliminary Affirmative Countervailing ACTION: Notice of extension for species of fishes, and hundreds of Duty Determination, Preliminary application period and request for marine invertebrates and plants. Affirmative Critical Circumstances applications. Authority: 16 U.S.C. 1431, et seq. Determination, 75 FR 9163 (March 1, 2010) (‘‘Preliminary Determination’’). SUMMARY: The ONMS is extending the (Federal Domestic Assistance Catalog On February 23, 2010, the Department deadline and seeking applications for Number 11.429 Marine Sanctuary Program) received supplemental questionnaire

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responses from Hengyang Steel Tube On March 1, 2010, Petitioners 2 Xiangtan’’), Wuxi Sifang Steel Tube Co., Group International Trading, Inc. requested alignment of the final Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., (‘‘Hengyang Trading’’), Hengyang Valin countervailing duty determination with Ltd. (‘‘Hunan Valin’’), and Hunan Valin Steel Tube Co., Ltd. (‘‘Hengyang Valin’’), the final determination in the Iron & Steel Group Co., Ltd. (‘‘Valin Hengyang Valin MPM Tube Co., Ltd. companion antidumping duty Group’’) (collectively, ‘‘Hengyang’’)’’ (July (‘‘Hengyang MPM’’), Xigang Seamless investigation of seamless pipe from the 16, 2010); and Memorandum from Scott Steel Tube Co., Ltd. (‘‘Xigang PRC, in accordance with section Holland and Joseph Shuler, Seamless’’), Wuxi Seamless Special Pipe 705(a)(1) of the Tariff Act of 1930, as International Trade Compliance Co., Ltd. (‘‘Special Pipe’’), Jiangsu amended (‘‘the Act’’), and 19 CFR Analysts, Office 1, to Susan H. Kuhbach, Xigang Group Co., Ltd. (‘‘Xigang 351.210(b)(4). On March 15, 2010, the Office Director, AD/CVD Operations, Group’’), and Wuxi Resources Steel Department announced the alignment of Office 1, entitled ‘‘Verification Report: Making Co., Ltd. (‘‘Resources Steel’’), as the final countervailing duty Tianjin Pipe (Group) Corporation well as responses from Hunan Valin determination of seamless pipe from the (‘‘TPCO Group’’), Tianjin Pipe Iron Xiangtan Iron & Steel Co., Ltd. (‘‘Valin PRC with the final determination in the Manufacturing Co., Ltd. (‘‘TPCO Iron’’), Xiangtan’’), Wuxi Sifang Steel Tube Co., companion antidumping duty Tianguan Yuantong Pipe Product Co., Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., investigation of seamless pipe from the Ltd. (‘‘Yuantong’’), Tianjin Pipe Ltd. (‘‘Hunan Valin’’), and Hunan Valin PRC. See Certain Seamless Carbon and International Economic and Trading Iron & Steel Group Co., Ltd. (‘‘Valin Alloy Steel Standard, Line, and Pressure Co., Ltd. (‘‘TPCO International’’), and Group’’), (collectively, ‘‘Hengyang’’). Pipe from the People’s Republic of TPCO Charging Development Co., Ltd. China: Alignment of Final On March 3, 2010, and March 8, 2010, (‘‘Charging’’) (collectively, ‘‘TPCO’’) Countervailing Duty Determination with the Department issued questionnaires (August 9, 2010). Final Antidumping Duty Determination, regarding new subsidy allegations to On August 13, 2010, the Department 75 FR 13255 (March 19, 2010). issued its Hengyang Post-Preliminary Tianjin Pipe (Group) Corp., Tianjin Pipe On April 14, 2010, U.S. Steel filed an Iron Manufacturing Co., Ltd., Tianguan Analysis and TPCO Post-Preliminary uncreditworthy allegation with respect Analysis.3 We received case briefs from Yuantong Pipe Product Co., Ltd., to Xigang Group, Xigang Seamless, Tianjin Pipe International Economic the GOC, TPCO, Hengyang, U.S. Steel, Special Pipe, and Resources Steel. On Toyota Tsusho American Inc. (‘‘TAI’’), and Trading Co., Ltd., TPCO Charging May 12, 2010, the Department Development Co., Ltd. (collectively, and Salem Steel North America, LLC announced it would not investigate the (‘‘Salem Steel’’) on August 26, 2010. We ‘‘TPCO’’), and Hengyang. The uncreditworthiness allegation. See Department received a response from returned the case brief of Hengyang on Memorandum from Joseph Shuler and August 26, 2010, as it appeared to TPCO on March 10, 2010. The Shane Subler, International Trade Department received a response from contain new factual information not on Compliance Analysts, to Susan the record of this case. Hengyang Hengyang on March 23, 2010. The Kuhbach, Director, Office 1, Import Department issued a supplemental resubmitted its case brief on August 30, Administration, entitled 2010. The GOC, TPCO, Hengyang, and questionnaire to Hengyang on March 29, ‘‘Uncreditworthy Allegation,’’ (May 12, 2010, and received a response on April U.S. Steel submitted rebuttal briefs on 2010). September 1, 2010. 13, 2010. The Department issued a letter On May 12, 2010, the Department The GOC, TPCO, and Petitioners on April 5, 2010, to the Government of received a response from U.S. Steel requested a hearing. The same parties China (‘‘GOC’’) asking for an update of regarding the GOC’s April 20, 2010, later withdrew their requests. Therefore, its initial questionnaire response with export restrictions response. respect to coking coal purchase From June 7, 2010, to June 18, 2010, no hearing was held. Hengyang and U.S. information supplied to the GOC by we conducted verification of the Steel requested a meeting. A meeting Hengyang. The Department received a questionnaire responses submitted by with Hengyang was held on September response to this letter on May 4, 2010. Hengyang and TPCO. See Memorandum The Department issued a supplemental from Shane Subler and Matthew Jordan, 3 See Memorandum from Susan H. Kuhbach, Office Director, AD/CVD Operations, Office 1, to questionnaire regarding export International Trade Compliance Ronald K. Lorentzen, Deputy Assistant Secretary for restrictions to the GOC on April 13, Analysts, Office 1, to Susan H. Kuhbach, Import Administration, dated August 13, 2010, 2010 and received a response on April Office Director, AD/CVD Operations, ‘‘Countervailing Duty Investigation of Certain 20, 2010. The Department issued a letter Office 1, entitled ‘‘Verification Report: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of on April 16, 2010, to the GOC regarding Hengyang Steel Tube Group China: Post-Preliminary Analysis and Calculation CRC China, a company identified by International Trading, Inc. (‘‘Hengyang Memorandum for: Hengyang Steel Tube Group Hengyang as the ultimate owner of Trading’’), Hengyang Valin Steel Tube International Trading, Inc. (‘‘Hengyang Trading’’), subsidiary companies that held Co., Ltd. (‘‘Hengyang Valin’’), Hengyang Hengyang Valin Steel Tube Co., Ltd. (‘‘Hengyang Valin’’), Hengyang Valin MPM Tube Co., Ltd. ownership stakes in the responding Valin MPM Tube Co., Ltd. (‘‘Hengyang (‘‘Hengyang MPM’’), Xigang Seamless Steel Tube Hengyang companies since December MPM’’), Xigang Seamless Steel Tube Co., Co., Ltd. (‘‘Xigang Seamless’’), Wuxi Seamless 11, 2001.1 The Department received a Ltd. (‘‘Xigang Seamless’’), Wuxi Special Pipe Co., Ltd. (‘‘Special Pipe’’), Jiangsu response on April 30, 2010. The Seamless Special Pipe Co., Ltd. Xigang Group Co., Ltd. (‘‘Xigang Group’’), Wuxi Resources Steel Making Co., Ltd. (‘‘Resources Department sent a letter to the GOC on (‘‘Special Pipe’’), Jiangsu Xigang Group Steel’’), Hunan Valin Xiangtan Iron & Steel Co., Ltd. May 5, 2010, regarding the GOC’s April Co., Ltd. (‘‘Xigang Group’’), Wuxi (‘‘Valin Xiangtan’’), Wuxi Sifang Steel Tube Co., Ltd. 30 response on CRC China. The Resources Steel Making Co., Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., Ltd. (‘‘Hunan Department received a response on May (‘‘Resources Steel’’), Hunan Valin Valin’’), Hunan Valin Iron & Steel Group Co., Ltd. (‘‘Valin Group’’) (collectively ‘‘Hengyang’’) (August 12, 2010. The Department issued a Xiangtan Iron & Steel Co., Ltd. (‘‘Valin 13, 2010) (‘‘Hengyang Post-Preliminary Analysis’’); supplemental questionnaire to the GOC and Memorandum from Edward Yang to Ronald on May 18, 2010, and received a 2 Petitioners in this investigation are United Lorentzen, ‘‘Countervailing Duty Investigation of response on May 25, 2010. States Steel Corporation (‘‘U.S. Steel’’); TMK IPSCO; Certain Seamless Carbon and Alloy Steel Standard, V&M Star L.P.; and the United Steel, Paper and Line, and Pressure Pipe from the People’s Republic Forestry, Rubber, Manufacturing, Energy, Allied of China: Post-Preliminary Analysis and Calculation 1 See Volume 5, page 5 of Hengyang’s January 4, Industrial and Service Workers International Union, Memorandum for (TPCO)’’ (August 13, 2010) 2010, questionnaire response. AFL–CIO–CLC (collectively, ‘‘Petitioners’’). (‘‘TPCO Post-Preliminary Analysis’’).

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2, 2010. A meeting with U.S. Steel was 7304.59.8020, 7304.59.8025, Specifically excluded from the scope of held on September 3, 2010. 7304.59.8030, 7304.59.8035, these investigations are: (1) All pipes meeting 7304.59.8040, 7304.59.8045, aerospace, hydraulic, and bearing tubing Scope of the Investigation 7304.59.8050, 7304.59.8055, specifications; (2) all pipes meeting the The scope of this investigation 7304.59.8060, 7304.59.8065, and chemical requirements of ASTM A–335, consists of certain seamless carbon and 7304.59.8070. whether finished or unfinished; and (3) alloy steel (other than stainless steel) Although the HTSUS subheadings are unattached couplings. Also excluded from the scope of these investigations are all pipes and redraw hollows, less than or provided for convenience and customs equal to 16 inches (406.4 mm) in mechanical, boiler, condenser and heat purposes, our written description of the exchange tubing, except when such products outside diameter, regardless of wall- merchandise subject to this scope is conform to the dimensional requirements, thickness, manufacturing process (e.g., dispositive. i.e., outside diameter and wall thickness of hot-finished or cold-drawn), end finish Scope Comments ASTM A–53, ASTM A–106 or API 5L (e.g., plain end, beveled end, upset end, specifications. threaded, or threaded and coupled), or On May 26, 2010, Salem Steel, a U.S. surface finish (e.g., bare, lacquered or importer of cold drawn seamless See Comment 5 of the accompanying coated). Redraw hollows are any mechanical tubing, submitted comments Issues and Decision Memorandum for unfinished carbon or alloy steel (other on the scope of this investigation. Salem additional information. than stainless steel) pipe or ‘‘hollow requested that the Department amend Injury Test profiles’’ suitable for cold finishing the scope of this investigation to operations, such as cold drawing, to exclude CD Mechanical Tubing from the Because the PRC is a ‘‘Subsidies meet the American Society for Testing scope of the investigation. On June 4, Agreement Country’’ within the meaning and Materials (‘‘ASTM’’) or American 2010, Salem Steel submitted proposed of section 701(b) of the Act, section Petroleum Institute (‘‘API’’) scope language to exclude CD 701(a)(2) of the Act applies to this specifications referenced below, or mechanical tubing from the scope of the investigation. Accordingly, the U.S. comparable specifications. Specifically investigation. On June 8, 2010, TAI International Trade Commission (‘‘ITC’’) included within the scope are seamless submitted comments supporting must determine whether imports of the carbon and alloy steel (other than Salem’s proposed scope exclusion subject merchandise from the PRC stainless steel) standard, line, and language. On June 23, 2010, the materially injure, or threaten material pressure pipes produced to the ASTM Department issued a proposed scope injury to a U.S. industry. On November A–53, ASTM A–106, ASTM A–333, modification via letter and requested 2, 2009, the ITC issued its affirmative ASTM A–334, ASTM A–589, ASTM A– comments. See Letter to Interested preliminary determination that there is ‘‘ 795, ASTM A–1024, and the API 5L Parties, Regarding the Antidumping a reasonable indication that an industry specifications, or comparable Duty Investigation of Certain Seamless in the United States is threatened with specifications, and meeting the physical Carbon and Alloy Steel Standard, Line, material injury by reason of allegedly parameters described above, regardless and Pressure Pipe from the People’s subsidized imports of seamless pipe Republic of China,’’ dated June 23, 2010. of application, with the exception of the from the PRC. See Certain Seamless Specifically, the Department’s proposed exclusion discussed below. Carbon and Alloy Steel Standard, Line, Specifically excluded from the scope scope modification language excluded and Pressure Pipe From China, 74 FR of the investigation are: (1) All pipes ‘‘all mechanical, boiler, condenser and 57521 (November 6, 2009) and Certain meeting aerospace, hydraulic, and heat exchange tubing, except when such Seamless Carbon and Alloy Steel bearing tubing specifications; (2) all products conform to the dimensional Standard, Line, and Pressure Pipe from pipes meeting the chemical requirements, i.e., outside diameter and China: Investigation Nos. 701–TA–469 requirements of ASTM A–335, whether wall thickness of ASTM A–53, ASTM and 731–TA–1168 (Preliminary) finished or unfinished; and (3) A–106 or APL 5L specifications.’’ Id. On (November 2009). unattached couplings. Also excluded June 30, 2010, TAI and Salem Steel from the scope of the investigation are submitted comments that both Critical Circumstances all mechanical, boiler, condenser and supported the Department’s proposed heat exchange tubing, except when such scope modifications, as well as language In the Preliminary Determination, the products conform to the dimensional that suggested additional modifications Department concluded that critical requirements, i.e., outside diameter and to the scope of the investigation. On July circumstances did not exist with respect wall thickness of ASTM A–53, ASTM 2, 2010, Petitioners also submitted to imports of seamless pipe from the A–106 or API 5L specifications. comments that both supported the PRC from TPCO, in accordance with The merchandise covered by the Department’s proposed scope 703(e)(1) of the Act, because TPCO’s investigation is currently classified in modification, as well as language that shipments did not reach the threshold the Harmonized Tariff Schedule of the suggested additional modifications to for a finding that there have been United States (‘‘HTSUS’’) under item the scope of the investigation. On massive imports of the subject numbers: 7304.19.1020, 7304.19.1030, August 20, 2010, the Department issued merchandise over a relatively short 7304.19.1045, 7304.19.1060, a proposed scope modification via period.4 However, in the Preliminary 7304.19.5020, 7304.19.5050, memorandum and requested comments. Determination, the Department 7304.31.6050, 7304.39.0016, On August 23, 2010, TAI submitted concluded that critical circumstances do 7304.39.0020, 7304.39.0024, comments supporting the Department’s exist with respect to imports of seamless 7304.39.0028, 7304.39.0032, proposed scope modification language. pipe from the PRC from Hengyang, in 7304.39.0036, 7304.39.0040, After considering parties’ comments, the accordance with 703(e)(1)(B) of the Act. 7304.39.0044, 7304.39.0048, Department has determined to remove For ‘‘all other’’ exporters, we determined 7304.39.0052, 7304.39.0056, ASTM A–335 from the list of covered that critical circumstances do exist with 7304.39.0062, 7304.39.0068, specifications included within the scope respect to imports of seamless pipe from 7304.39.0072, 7304.51.5005, of this investigation, and include the the PRC from ‘‘all other’’ exporters, in 7304.51.5060, 7304.59.6000, following exclusion language in the 7304.59.8010, 7304.59.8015, scope: 4 See 75 FR at 9165.

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accordance with section 703(e)(1)(B) of have continued to apply AFA to provide the requested information, with the Act.5 determine that all of the steel round the result that an adverse inference We have not received any information billets were provided by government pursuant to section 776(b) of the Act is since the Preliminary Determination authorities. warranted in the application of facts that would lead us to change our The Department continues to find that available. We find that these subsidies preliminary finding. Therefore, in the use of ‘‘facts otherwise available’’ is are a direct transfer of funds within the accordance with 705(a)(2) of the Act, we warranted with regard to the GOC’s meaning of section 771(5)(D)(i) of the continue to find that critical provision of electricity to the mandatory Act, providing a benefit in the amount circumstances exist with respect to respondents. Specifically, the of the grant. See 19 CFR 351.504(a). We imports of subject merchandise from the Department requested that the GOC determine, in the absence of a response PRC from Hengyang and ‘‘all other’’ explain how electricity cost increases from the GOC, that the subsidies exporters, but not for imports from are reflected in retail price increases. received under this program are limited TPCO. The GOC responded that it was to TPCO. Hence, we find that these gathering this information, but it did not Analysis of Comments Received subsidies are specific under section request an extension from the 771(5A)(D)(i) of the Act. All issues raised in the case and Department for submitting this rebuttal briefs by parties to this information after the original In a departure from the Preliminary investigation are addressed in the questionnaire deadline date. Because Determination, the Department now Memorandum from Susan H. Kuhbach, the GOC did not provide the requested finds that the use of ‘‘facts otherwise Acting Deputy Assistant Secretary for information, we determine that available’’ pursuant to section 776(a) of Antidumping and Countervailing Duty necessary information is not on the the Act is warranted with regard to the Operations, to Paul Piquado, Acting record. Accordingly, the use of facts provision of coking coal for less than Deputy Assistant Secretary for Import otherwise available under section 776(a) adequate remuneration (‘‘LTAR’’). In the Administration, entitled ‘‘Issues and of the Act is appropriate. By not Preliminary Determination, based on the Decision Memorandum for the Final responding to our questionnaire, the information on the record at that time, Determination in the Countervailing GOC has failed to act to the best of its the Department found that none of the Duty Investigation of Certain Seamless ability. Accordingly, we find that an mandatory respondents received Carbon and Alloy Steel Standard, Line, adverse inference is warranted, benefits under the program.6 At that and Pressure Pipe (‘‘Seamless Pipe’’) pursuant to section 776(b) of the Act. time, Hengyang was scheduled to from the People’s Republic of China’’ Specifically, we find that the GOC’s provide a supplemental questionnaire (September 10, 2010) (hereafter provision of electricity constitutes a response on behalf of certain cross- ‘‘ ’’ Decision Memorandum ), which is financial contribution within the owned affiliates. Accordingly, the hereby adopted by this notice. Attached meaning of section 771(5)(D) of the Act Department stated, ‘‘We intend to to this notice as an Appendix is a list and is specific within the meaning of address {Hengyang’s supplemental} of the issues that parties have raised and section 771(5A) of the Act. We have also response in a post-preliminary to which we have responded in the relied on an adverse inference in determination.’’ 7 In Hengyang’s Decision Memorandum. Parties can find selecting a benchmark for determining February 23, 2010 supplemental a complete discussion of all issues the existence and amount of the benefit. questionnaire response, Hengyang raised in this investigation and the The Department continues to find that indicated that a cross-owned affiliate corresponding recommendations in this the use of ‘‘facts otherwise available’’ is used coking coal. Accordingly, public memorandum, which is on file in warranted with regard to TPCO’s subsequent to the Preliminary the Central Records Unit, Room 1117 in reported receipt of countervailable Determination, the Department the main building of the Commerce grants. The Department requested that investigated the allegation concerning Department. In addition, a complete the GOC provide information about coking coal provided for LTAR. In the version of the Decision Memorandum these grants in the initial questionnaire context of its investigation, the can be accessed directly on the Internet and a supplemental questionnaire. The at http://ia.ita.doc.gov/frn/. The paper GOC did not provide the requested Department requested information from copy and electronic version of the information, asserting that it needed the GOC about the coking coal suppliers Decision Memorandum are identical in more time to gather the data. Although and the coking coal industry within the content. the GOC responded that it was gathering PRC. The GOC did not provide the this information, it did not request an requested information. Because the GOC Use of Adverse Facts Available extension from the Department for did not provide the requested For purposes of this final submitting this information after the information concerning the coking coal determination, we have continued to supplemental questionnaire deadline industry within the PRC, we determine rely on facts available and to draw an date. Because the GOC did not provide that necessary information is not on the adverse inference, in accordance with the requested information concerning record. Accordingly, the use of facts sections 776(a) and (b) of the Act, to these grants, we determine that otherwise available pursuant to section determine that the GOC’s dominance of necessary information is not on the 776(a) of the Act is appropriate. Also, the market in the PRC for steel round record and that the GOC did not provide we determine that the GOC has failed to billets supports the reasonable requested information by the cooperate by not acting to the best of its conclusion that this market is submission deadline. Accordingly, the ability to comply with our request for significantly distorted. Consequently, use of facts otherwise available pursuant information, with the result that an we are not relying on domestic prices in to section 776(a) of the Act is adverse inference pursuant to section the PRC in determining whether a appropriate. Also, we determine that the 776(b) of the Act is warranted in the benefit was conferred through the GOC’s GOC has failed to cooperate by not application of facts available. provision of steel round billets to the acting to the best of its ability to comply Consequently, we have applied AFA to mandatory respondents. Similarly, we with our request for information as it did not respond by the deadline dates, 6 See 75 FR at 9180. 5 See 75 FR at 9165. nor did it explain why it is unable to 7 See 75 FR at 9170.

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determine that all of the coking coal was any parts of the original questionnaire benefitted from all countervailable provided by government authorities. with respect to this program.11 Because programs that at least one respondent in In a departure from the Preliminary the GOC did not provide the requested this investigation has used because we Determination, the Department now information concerning these do not have information on the record finds that the use of ‘‘facts otherwise exemptions, we determine that concerning which programs CRC China available’’ is warranted with regard to necessary information is not on the and its subsidiaries actually used, but export restrictions on coke. In the record. Accordingly, the use of facts do have information that exporters or Preliminary Determination, the otherwise available pursuant to section producers of seamless pipe and their Department found the program to be not 776(a) of the Act is appropriate. Also, cross-owned companies did use and countervailable.8 After the Preliminary we determine that the GOC has failed to benefit from these programs. For each of Determination, we requested additional cooperate by not acting to the best of its information on this program from the these programs, we are applying the ability to comply with our request for highest rate that we calculated for that GOC. The GOC failed to answer certain information. We determine that these program for the responding Hengyang questions from the supplemental deed tax exemptions confer a companies as a whole or for TPCO.15 questionnaires, which we described in countervailable benefit on Hengyang. the TPCO Post-Preliminary Analysis The deed tax exemptions are a financial Specifically, we will apply the highest and Hengyang Post-Preliminary contribution in the form of revenue calculated rate for the identical program Analysis.9 Because the GOC did not forgone.12 In the absence of a response in this investigation if either Hengyang provide the requested information from the GOC, we find, as an adverse or TPCO used the program. concerning the coke industry within the inference pursuant to section 776(b) of For a full discussion of these issues, PRC, we determine that necessary the Act, that the subsidies received please see the Decision Memorandum, information is not on the record. under this program are limited to at ‘‘Use of Facts Otherwise Available Accordingly, the use of facts otherwise Hengyang and, therefore, are specific and Adverse Facts Available.’’ available pursuant to section 776(a) of under section 771(5A)(D)(i) of the Act. the Act is appropriate. Also, we The amount of the countervailable Suspension of Liquidation determine that the GOC has failed to benefit is the amount of deed tax In accordance with section cooperate by not acting to the best of its Hengyang would have paid in the 703(d)(1)(A)(i) of the Act, we have ability to comply with our request for absence of this program.13 calculated a rate for each individually information, with the result that an The Department finds that the use of investigated producer/exporter of the adverse inference pursuant to section ‘‘facts otherwise available’’ is warranted 776(b) of the Act is warranted in the with regard to CRC China and its subject merchandise. Section application of facts available. In subsidiaries. In the Hengyang Post- 705(c)(5)(A)(i) of the Act states that for drawing an adverse inference, we Preliminary Analysis, we found that companies not investigated, we will determine that the GOC’s export Hengyang and the GOC failed to provide determine an ‘‘all others’’ rate equal to restraints on coke constitute a financial complete information on CRC China or the weighted average countervailable contribution (i.e., provision of goods) to its subsidiaries.14 Thus, we had no subsidy rates established for exporters PRC producers of downstream goods information to determine the ownership and producers individually that incorporate coke within the structure of CRC China or its investigated, excluding any zero and de meaning of sections 771(5)(B) and (D)(ii) subsidiaries, or to determine whether minimis countervailable subsidy rates, of the Act. Moreover, as an adverse CRC China or its subsidiaries received and any rates determined entirely under inference, we find that GOC’s export countervailable subsidies. We also section 776 of the Act. restraints on coke are specific to could not determine whether CRC China producers of seamless pipe in the PRC Notwithstanding the language of and/or its subsidiaries have other cross- within the meaning of section 771(5A) section 705(c)(1)(B)(i)(I) of the Act, we owned affiliates (e.g., producers of of the Act. Accordingly, we determine have not calculated the ‘‘all others’’ rate seamless pipe) that received that, through these export restraints, the by weight averaging the rates of TPCO countervailable subsidies. Because the GOC is providing inputs to downstream and Hengyang, because doing so risks GOC did not provide the requested producers of seamless pipe. disclosure of proprietary information. information concerning CRC China and The Department also now finds that Therefore, we have calculated a simple its subsidiaries, we determine that the use of ‘‘facts otherwise available’’ is average of the two responding firms’ warranted with regard to deed tax necessary information is not on the record. Accordingly, the use of facts rates. Since both TPCO and Hengyang exemption. In the Hengyang Post- received countervailable export Preliminary Analysis, we determined otherwise available pursuant to section 776(a) of the Act is appropriate. Also, subsidies and the ‘‘all others’’ rate is a that Hengyang Valin and Valin Xiangtan simple average based on the each received benefits under this we determine that the GOC has failed to individually investigated exporters and program.10 We asked the GOC to update cooperate by not acting to the best of its producers, the ‘‘all others’’ rate includes its response to the initial questionnaire ability to comply with our request for regarding the benefits received by information. Consequently, an adverse export subsidies. Hengyang Valin and Valin Xiangtan. inference pursuant to section 776(b) of We determine the total net However, the GOC stated that it has no the Act is warranted in the application countervailable subsidy rates to be: record of either company receiving of facts available. For purposes of this benefits from this program and, final determination, we determine that therefore, did not provide a response to CRC China together with its subsidiaries

15 8 See 75 FR at 9179. 11 See Response of the Government of China to Tianjin Pipe (Group) Corporation, Tianjin Pipe 9 See TPCO Post-Preliminary Analysis at pages 3– the Department’s Fourth Supplemental Iron Manufacturing Co., Ltd., Tianguan Yuantong 9; see also Hengyang Post-Preliminary Analysis at Questionnaire (May 5, 2010) (‘‘G4SR’’) at 1. Pipe Product Co., Ltd., Tianjin Pipe International pages 25–30. 12 See section 771(5)(D)(ii) of the Act. Economic and Trading Co., Ltd., and TPCO 10 See Hengyang Post-Preliminary Analysis at 13 See 19 CFR 351.509(a)(1). Charging Development Co., Ltd. (collectively, pages 22–23. 14 See Hengyang Post-Preliminary Analysis at 8. ‘‘TPCO’’).

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Net subsidy consent of the Assistant Secretary for Comment 15 Whether to Use an In- Exporter/Manufacturer rate Import Administration. country Benchmark Comment 16 Whether There Are Flaws Return or Destruction of Proprietary Tianjin Pipe (Group) Corp., in the Thai Benchmark Information Tianjin Pipe Iron Manufac- Comment 17 Whether Land Is Specific turing Co., Ltd., Tianguan In the event that the ITC issues a final Yuantong Pipe Product Comment 18 Provision of Land-use Co., Ltd., Tianjin Pipe negative injury determination, this Rights to Hengyang notice will serve as the only reminder International Economic Provision of Coking Coal for LTAR and Trading Co., Ltd., and to parties subject to an administrative TPCO Charging Develop- protective order (‘‘APO’’) of their Comment 19 Countervailability of ment Co., Ltd...... 13.66 responsibility concerning the Program Hengyang Steel Tube Group destruction of proprietary information Comment 20 Freight Benchmark for Int’l Trading, Inc., disclosed under APO in accordance Coking Coal Purchases Hengyang Valin Steel with 19 CFR 351.305(a)(3). Timely Hengyang-specific Issues Tube Co., Ltd., Hengyang written notification of the return/ Valin MPM Tube Co., Ltd., destruction of APO materials or Comment 21 Cross-ownership Xigang Seamless Steel Between Hengyang Companies Tube Co., Ltd., Wuxi conversion to judicial protective order is Seamless Special Pipe hereby requested. Failure to comply Comment 22 Application of AFA to Co., Ltd., Wuxi Resources with the regulations and terms of an CRC China Steel Making Co., Ltd., APO is a violation which is subject to Comment 23 Finding that the GOC Did Jiangsu Xigang Group Co., sanction. Not Cooperate With Respect to CRC Ltd., Hunan Valin Xiangtan This determination is published China Iron & Steel Co., Ltd., pursuant to sections 705(d) and 777(i) of Comment 24 Hengyang Attribution Wuxi Sifang Steel Tube the Act. Comment 25 Hengyang Electricity Co., Ltd., Hunan Valin Purchases Dated: September 10, 2010. Steel Co., Ltd., Hunan Comment 26 Currency Denomination Valin Iron & Steel Group Paul Piquado, for Hengyang Loans Co., Ltd...... 53.65 Acting Deputy Assistant Secretary for Import All Others ...... 33.66 Comment 27 Clerical Error Allegations Administration. for Debt Restructuring Also, in accordance with section Appendix—List of Comments and Comment 28 Uncreditworthiness 703(d) of the Act, we instructed U.S. Issues in the Decision Memorandum Allegation Customs and Border Protection (‘‘CBP’’) General Issues TPCO-specific Issues to discontinue the suspension of Comment 29 TPCO Attribution of liquidation for countervailing duty Comment 1 Application of CVD Law Subsidies purposes for subject merchandise to the PRC Comment 2 Whether Application of Comment 30 TPCO Group Accelerated entered on or after June 29, 2010, but to the CVD Law to NMEs Violates the Depreciation continue the suspension of liquidation Administrative Protection Act of entries made from March 1, 2010, Other Issues Comment 3 Double Counting/ through June 28, 2010. Overlapping Remedies Comment 31 Export Restraints on We will issue a countervailing duty Comment 4 Cutoff Date for Identifying Steel Rounds order if the ITC issues a final affirmative Subsidies Comment 32 Export Restraints on injury determination, and will instruct Comment 5 Scope of the Investigation Coke CBP to suspend liquidation of entries of [FR Doc. 2010–23547 Filed 9–20–10; 8:45 am] Provision of Steel Rounds for LTAR seamless pipe from the PRC and to BILLING CODE 3510–DS–P require a cash deposit of estimated Comment 6 Application of AFA in countervailing duties for such entries of Determining the Benchmark for Steel merchandise in the amounts indicated Rounds DEPARTMENT OF COMMERCE above. If the ITC determines that Comment 7 Government Ownership material injury, or threat of material Should Not be the Dispositive Factor International Trade Administration injury, does not exist, this proceeding in Determining Whether a Financial [A–570–956] will be terminated and all estimated Contribution Has Occurred deposits or securities posted as a result Comment 8 Trading Company Certain Seamless Carbon and Alloy of the suspension of liquidation will be Suppliers Steel Standard, Line, and Pressure refunded or canceled. Comment 9 Benchmark Issues Pipe from the People’s Republic of ITC Notification China: Final Determination of Sales at Government Policy Lending Less Than Fair Value and Critical In accordance with section 705(d) of Comment 10 Whether Chinese Circumstances, in Part the Act, we will notify the ITC of our Commercial Banks Are ‘‘Authorities’’ determination. In addition, we are Comment 11 Whether the Policy Loan AGENCY: Import Administration, making available to the ITC all non- Program Is De Jure Specific International Trade Administration, privileged and non-proprietary Comment 12 Whether the Department Department of Commerce. information related to this investigation. Should Use an In-country Benchmark DATES: Effective Date: September 21, We will allow the ITC access to all Comment 13 External Benchmark 2010. privileged and business proprietary Methodology SUMMARY: The Department of Commerce information in our files, provided the (‘‘the Department’’) has determined that ITC confirms that it will not disclose Whether There is a Provision of Land for certain seamless carbon and alloy steel such information, either publicly or LTAR standard, line, and pressure pipe from under an APO, without the written Comment 14 Financial Contribution the People’s Republic of China (‘‘PRC’’)

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are being, or are likely to be, sold in the to the Department that it reconsider its rebuttal brief was resubmitted on July United States at less than fair value preliminary decision to include cold 26, 2010. (‘‘LTFV’’) as provided in section 735 of drawn mechanical tubing within the On July 16, 2010, the Department the Tariff Act of 1930, as amended (‘‘the scope of the antidumping duty placed additional data on the record of Act’’). The final dumping margins for investigation. On May 27, 2010, the investigation and notified interested this investigation are listed in the ‘‘Final Petitioners,3 Salem Steel and a number parties that it would be reconsidering its Determination Margins’’ section below. of other importers and end-users of valuation of the labor wage rate in this The period covered by the investigation mechanical tubing met with Department investigation as a result of the recent is January 1, 2009, through June 30, officials to discuss the May 24, 2010, decision in Dorbest Limited et al. v. 2009 (the ‘‘POI’’). submission filed by Salem Steel. United States, 604 F.3d 1363 (Fed. Cir. FOR FURTHER INFORMATION CONTACT: Subsequently, a number of interested 2010) (Dorbest) issued by the United Magd Zalok or Howard Smith, AD/CVD parties filed comments regarding States Court of Appeals for the Federal Operations, Office 4, Import excluding mechanical tubing from the Circuit (‘‘CAFC’’) on May 14, 2010.4 The Administration, International Trade scope of the investigation. Additionally, Department invited interested parties to Administration, U.S. Department of on July 2, 2010, Petitioners submitted a comment on the narrow issue of the Commerce, 14th Street and Constitution request to the Department that it labor wage rate in light of the CAFC’s Avenue, NW., Washington, DC 20230; exclude from the scope seamless pipe decision. On July 21, 2010, TPCO and telephone: (202) 482–4162 and 482– made to the American Society for United States Steel Corporation 5193, respectively. Testing and Materials (‘‘ASTM’’) A–335 submitted comments on the export data. SUPPLEMENTARY INFORMATION: specification. The Department has On August 10, 2010, the Department issued proposed modifications to the released additional information relating Background scope language addressing mechanical to the wage rate to interested parties.5 The Department published in the tubing and pipe meeting the ASTM A– United States Steel Corporation Federal Register its preliminary 335 specification and interested parties submitted comments on the additional determination of sales at LTFV on April have commented on the proposed information on August 12, 2010. 28, 2010.1 The Department published in ‘‘ modifications. See the Scope Analysis of Comments Received the Federal Register its amended Comments’’ section of this notice below preliminary determination of sales at for additional information. All of the issues raised in the case and LTFV on May 28, 2010, after identifying On July 9, 2010, Mr. Daniel Porter of rebuttal briefs submitted in this and correcting certain ministerial Winston Strawn LLP, counsel to TPCO, investigation are addressed in the errors.2 Between May 10, 2010, and May submitted an affidavit in response to the ‘‘Issues and Decision Memorandum for 14, 2010, the Department conducted a Department’s verification report. The the Final Determination’’ dated verification of Hengyang Steel Tube Department subsequently rejected the September 10, 2010, which is hereby Group Int’l Trading Inc., and its affidavit because it contained untimely adopted by this notice (‘‘Issues and affiliates Hengyang Valin Steel Tube new factual information and Mr. Porter Decision Memorandum’’). Appendix I to Co., Ltd., and Hengyang Valin MPM resubmitted the affidavit on July 22, this notice contains a list of the issues Tube Co., Ltd., (collectively, Hengyang) 2010. The Department responded to the addressed in the Issues and Decision at its facilities in Hengyang City, China. affidavit on August 16, 2010. United Memorandum. The Issues and Decision Between May 17, 2010, and May 26, States Steel Corporation and TPCO filed Memorandum, which is a public 2010, the Department conducted a comments regarding the Department’s document, is on file in the Central verification of Tianjin Pipe (Group) response to the affidavit on August 18, Records Unit (‘‘CRU’’) at the Main Corporation and Tianjin Pipe 2010. United States Steel Corporation Commerce Building, Room 7046, and is International Economic Trading filed rebuttal comments on August 20, accessible on the Web at http:// Corporation (collectively, TPCO) at its 2010. See the ‘‘Verification’’ section of ia.ita.doc.gov/frn. The paper copy and facilities in Tianjin City, China. this notice below for additional electronic version of the memorandum Between June 7, 2010, and June 9, 2010, information. are identical in content. the Department conducted a verification On June 7, 2010, Petitioners, Changes Since the Preliminary of TPCO Enterprise Inc. (‘‘TEI’’), an Hengyang, and TPCO filed surrogate Determination affiliate of TPCO, at its facilities in value information. On June 17, 2010, Houston, Texas. See the ‘‘Verification’’ Petitioners filed rebuttal surrogate value Based on our analysis of the section of this notice below for information. comments received, we have made the additional information. In response to the Department’s following changes to our preliminary On May 24, 2010, Salem Steel North invitation to comment on the determination. The following changes America LLC (Salem Steel), a U.S. Preliminary Determination and have been made to surrogate values: (1) importer of cold drawn seamless Amended Preliminary Determination, We calculated financial ratios based on mechanical tubing, submitted a request on July 14, 2010, Petitioners, Hengyang, data contained within the financial TPCO, Salem Steel North America LLC statements of Jindal Steel & Power, Ltd., 1 See Certain Seamless Carbon and Alloy Steel (‘‘Salem Steel’’), Toyota Tsusho America, Oil Country Tubular Ltd., and Lloyds Standard, Line, and Pressure Pipe From the Line Pipe, Ltd. (see Comment 6 in the People’s Republic of China: Preliminary Inc. (‘‘TAI’’) and MC Tubular Products, Inc. (‘‘MC Tubular’’) filed case briefs. Issues and Decision Memorandum); (2) Determination of Sales at Less Than Fair Value, we valued steel billets using Indonesian Affirmative Preliminary Determination of Critical Petitioners, Hengyang, TPCO and the Circumstances, in Part, and Postponement of Final Government of China filed rebuttal Determination, 75 FR 22372 (April 28, 2010) 4 See Memorandum to The File, through Howard (‘‘Preliminary Determination’’). briefs on July 21, 2010, and TPCO’s Smith, Program Manager, AD/CVD Operations, 2 See Certain Seamless Carbon and Alloy Steel Office 4, concerning, ‘‘Data on Labor Wage,’’ dated Standard, Line, and Pressure Pipe from the People’s 3 Petitioners are United States Steel Corporation, July 16, 2010. Republic of China: Amended Preliminary V&M Star L.P, TMK IPSCO, and the United Steel, 5 See Memorandum to The File, through Howard Determination of Sales at Less than Fair Value, 75 Paper and Forestry, Rubber, Manufacturing, Energy, Smith, Program Manager, AD/CVD Operations, FR 29972 (May 28, 2010) (‘‘Amended Preliminary Allied Industrial and Service Workers International Office 4, concerning, ‘‘Honduras Data on Labor Determination’’). Union (hereinafter, ‘‘Petitioners’’). Wage Rate,’’ dated August 10, 2010.

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World Trade Atlas (‘‘WTA’’) import data and Decision Memorandum); and (10) tubing, regardless of whether they under Harmonized Tariff Schedule we added truck freight to TPCO’s cost conform to the dimensional (‘‘HTS’’) number 7201.20.100 (see of manufacturing to account for TPCO’s requirements of certain seamless pipe Comment 7 in the Issues and Decision costs associated with transporting semi- specifications, are excluded from the Memorandum); (3) we valued iron ore finished pipes for further processing scope. On July 2, 2010, Petitioners using the simple average of iron ore (see Comment 21 in the Issues and submitted a request that the Department lump prices from the financial Decision Memorandum). exclude from the scope seamless pipe statements of Kirloskar Ferrous The following Hengyang-specific produced to the ASTM A–335 Industries, Limited and KIOCL, Limited changes have been made: (1) We specification. On August 19, 2010, the (see Comment 9 in the Issues and adjusted the market-economy and non- Department issued an additional Decision Memorandum); (4) we valued market economy (‘‘NME’’) percentages of proposed scope modification which compressed air based on the value of pig iron purchased (see Comment 33 in excludes all pipes meeting the chemical electricity used to generate the air (see the Issues and Decision Memorandum); requirements of ASTM A–335 whether Comment 14 in the Issues and Decision (2) we did not value dolomite and finished or unfinished. On August 23, Memorandum); (5) we revised our dolomite powder (see Comment 13 in 2010, TAI submitted comments calculation of the value of labor (see the Issues and Decision Memorandum); supporting the Department’s proposed Comment 5 in the Issues and Decision and (3) we made several corrections to exclusion of ASTM A–335. After Memorandum); and (6) we valued the Preliminary Determination margin considering parties’ comments, the calcium silicide (Si Ca cable and calculation program (see Hengyang Department has determined to remove SICAWIRE) using HTS number Analysis Memorandum). ASTM A–335 from the list of covered 2850.00.41 (see Comment 12 in the Scope Comments specifications included within the scope Issues and Decision Memorandum). of this investigation, and include the As noted above, on May 24, 2010, following exclusion language in the The following TPCO-specific changes Salem Steel, submitted comments on scope: have been made: (1) We have not the scope of this investigation. Salem granted TPCO a by-product offset for requested that the Department amend Specifically excluded from the scope of electricity (see Comment 26 in the the scope of this investigation to these investigations are: (1) All pipes meeting Issues and Decision Memorandum); (2) exclude cold drawn seamless aerospace, hydraulic, and bearing tubing as partial adverse facts available mechanical tubing (‘‘mechanical specifications; (2) all pipes meeting the chemical requirements of ASTM A–335, (‘‘AFA’’), we assigned each model tubing’’). On May 27, 2010, Petitioners, (control number (CONNUM)) of whether finished or unfinished; and (3) Salem Steel and a number of other unattached couplings. Also excluded from seamless pipe sold by TPCO to the importers and end-users of mechanical the scope of these investigations are all United States during the POI the highest tubing met with Department officials to mechanical, boiler, condenser and heat purchased-billet consumption quantity discuss the May 24, 2010, submission exchange tubing, except when such products reported by TPCO (see Comment 16 in filed by Salem Steel. On June 4, 2010, conform to the dimensional requirements, the Issues and Decision Memorandum); Salem Steel submitted proposed scope i.e., outside diameter and wall thickness of (3) we updated the AFA rate applied to language to exclude mechanical tubing ASTM A–53, ASTM A–106 or API 5L TPCO’s downstream sales to reflect the from the scope of the investigation. On specifications. highest CONNUM-specific dumping June 8, 2010, MC Tubular Products, Inc. See Comment 1 of the accompanying margin calculated for TPCO (see (‘‘MC Tubular’’) and Toyota Tsusho Issues and Decision Memorandum for Comment 17 in the Issues and Decision America, Inc. (‘‘TAI’’) submitted additional information. Memorandum); (4) we calculated a comments supporting Salem’s proposed Scope of Investigation value for compressed air in TPCO’s scope exclusion language. On June 23, margin program (see Comment 14 in the 2010, the Department issued a proposed The merchandise covered by this Issues and Decision Memorandum); (5) scope modification to interested parties investigation is certain seamless carbon as partial AFA, we based the and requested comments.6 Specifically, and alloy steel (other than stainless consumption quantity for steel strap on the Department’s proposed scope steel) pipes and redraw hollows, less the average of the three highest usage modification language excluded ‘‘all than or equal to 16 inches (406.4 mm) rates for steel strap reflected in mechanical, boiler, condenser and heat in outside diameter, regardless of wall- Hengyang’s factors of production exchange tubing, except when such thickness, manufacturing process (e.g., (‘‘FOP’’) database (see Comment 27 in products conform to the dimensional hot-finished or cold-drawn), end finish the Issues and Decision Memorandum); requirements, i.e., outside diameter and (e.g., plain end, beveled end, upset end, (6) we deducted inland freight wall thickness of ASTM A–53, ASTM threaded, or threaded and coupled), or insurance from TPCO’s reported U.S. A–106 or APL 5L specifications.’’ 7 On surface finish (e.g., bare, lacquered or prices (see Comment 23 in the Issues June 30, 2010, TAI, MC Tubular and coated). Redraw hollows are any and Decision Memorandum); (7) we Salem Steel submitted comments unfinished carbon or alloy steel (other valued steel scrap based on both market supporting the exclusion of mechanical than stainless steel) pipe or ‘‘hollow economy prices and a surrogate value tubing from the scope of the profiles’’ suitable for cold finishing based on WTA Indian import data (see investigation and providing suggestions operations, such as cold drawing, to Comment 19 in the Issues and Decision for additional modifications to the scope meet the American Society for Testing Memorandum); (8) we reduced TPCO’s of the investigation. Primarily parties’ and Materials (‘‘ASTM’’) or American reported by-product offset for steel scrap comments involved modifying the Petroleum Institute (‘‘API’’) by the quantity of further processed language so that all forms of mechanical specifications referenced below, or steel scrap for which TPCO never comparable specifications. Specifically reported the inputs used for further 6 See Letter to Interested Parties, Regarding the included within the scope are seamless processing (see Comment 20 in the ‘‘Antidumping Duty Investigation of Certain carbon and alloy steel (other than Seamless Carbon and Alloy Steel Standard, Line, Issues and Decision Memorandum); (9) and Pressure Pipe from the People’s Republic of stainless steel) standard, line, and we corrected the conversion factor for China,’’ dated June 23, 2010. pressure pipes produced to the ASTM argon gas (see Comment 24 in the Issues 7 Id. A–53, ASTM A–106, ASTM A–333,

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ASTM A–334, ASTM A–589, ASTM A– addressing the ratio TPCO calculated to companies within the country are 795, ASTM A–1024, and the API 5L distinguish between self-produced and subject to government control and, thus, specifications, or comparable purchased billets, as well as the should be assigned a single specifications, and meeting the physical Department’s verification findings antidumping duty deposit rate. It is the parameters described above, regardless regarding certain market economy Department’s policy to assign all of application, with the exception of the purchases of steel scrap. Specifically, exporters of merchandise subject to an exclusion discussed below. Mr. Porter alleged that, at verification, investigation in an NME country this Specifically excluded from the scope the Department refused to accept a single rate unless an exporter can of the investigation are: (1) All pipes corrected chart and support demonstrate that it is sufficiently meeting aerospace, hydraulic, and documentation that revised its ratio of independent so as to be entitled to a bearing tubing specifications; (2) all self-produced and purchased billets and separate rate.10 pipes meeting the chemical erred in finding that TPCO’s market In the Preliminary Determination, we requirements of ASTM A–335, whether economy purchases of steel scrap were found that TPCO, Hengyang, Xigang finished or unfinished; and (3) less than the Department’s 33 percent Seamless Steel Tube Co., Ltd. unattached couplings. Also excluded threshold for using a market economy (‘‘Xigang’’), Jiangyin City Changjiang from the scope of the investigation are price to value all of the input. The Steel Pipe Co., Ltd., Pangang Group all mechanical, boiler, condenser and Department requested that Mr. Porter Chengdu Iron & Steel Co., Ltd., heat exchange tubing, except when such resubmit this affidavit to omit certain Yangzhou Lontrin Steel Tube Co., Ltd., products conform to the dimensional untimely new factual information; Mr. and Yangzhou Chengde Steel Tube Co., requirements, i.e., outside diameter and Porter complied and resubmitted the Ltd., demonstrated their eligibility for, wall thickness of ASTM A–53, ASTM affidavit on July 22, 2010. On August and were hence assigned, separate rate A–106 or API 5L specifications. 16, 2010, the Department issued a status. No party has commented on the The merchandise covered by the memorandum in response to Mr. eligibility of these companies for investigation is currently classified in Porter’s affidavit. Specifically, the separate rate status. For the final the Harmonized Tariff Schedule of the Department stated that it would not determination, we continue to find that United States (‘‘HTSUS’’) under item have accepted such information at the evidence placed on the record of numbers: 7304.19.1020, 7304.19.1030, verification because it would have been this investigation by these companies 7304.19.1045, 7304.19.1060, considered new information. On August demonstrates both a de jure and de facto 7304.19.5020, 7304.19.5050, 18, 2010, Petitioners submitted absence of government control with 7304.31.6050, 7304.39.0016, comments supporting the Department’s respect to their exports of the 7304.39.0020, 7304.39.0024, response. On August 18, 2010, TPCO merchandise under investigation and 7304.39.0028, 7304.39.0032, submitted comments contesting the that these companies are thus eligible 7304.39.0036, 7304.39.0040, facts in the Department’s memorandum for separate rate status.11 7304.39.0044, 7304.39.0048, and arguing that the Department should 7304.39.0052, 7304.39.0056, have accepted its revisions and that Critical Circumstances 7304.39.0062, 7304.39.0068, information on the record prior to 7304.39.0072, 7304.51.5005, verification would have supported its In the Preliminary Determination, the 7304.51.5060, 7304.59.6000, ratio revisions. On August 20, 2010, Department determined that, in 7304.59.8010, 7304.59.8015, Petitioners submitted comments arguing accordance with section 733(e)(1) of the 7304.59.8020, 7304.59.8025, that TPCO’s data for its consumption of Act, critical circumstances exist with 7304.59.8030, 7304.59.8035, steel billets could not be verified. See respect to Hengyang and the PRC-wide 7304.59.8040, 7304.59.8045, Comment 16 of the accompanying entity but not for TPCO or the separate 7304.59.8050, 7304.59.8055, Issues and Decision Memorandum for rate companies, including Xigang. After 7304.59.8060, 7304.59.8065, and additional information. the Preliminary Determination, TPCO 7304.59.8070. and Hengyang placed additional Although the HTSUS subheadings are Surrogate Country shipment data on the record for use in provided for convenience and customs In the Preliminary Determination, the Department’s critical circumstances purposes, our written description of the pursuant to section 773(c) of the Act, we analysis. Furthermore, Hengyang merchandise subject to this scope is selected India as the appropriate contended that the Department must dispositive. surrogate country because it is at a level revisit its critical circumstances analysis of economic development comparable to using Hengyang’s final antidumping Verification the PRC, and because it is a significant duty margin. We have examined the As provided in section 782(i) of the producer of merchandise comparable to additional shipment information placed Act, we conducted verifications of subject merchandise. Additionally, we on the record, as adjusted for Hengyang, TPCO, and TEI.8 In determined that reliable Indian data for verification findings, and reviewed conducting the verifications, we used valuing FOPs are readily available.9 No Hengyang’s final antidumping margin standard verification procedures, party has commented on our selection and, for the final determination, we including examination of relevant of India as the appropriate surrogate continue to find that critical accounting and production records, as country. We continue to find India to be circumstances exist with respect to well as original source documents the appropriate surrogate country in this Hengyang and the PRC-wide entity but provided by Hengyang, TPCO, and TEI. investigation. As noted above, on July 9, 2010, Mr. 10 See, e.g., Final Determination of Sales at Less Daniel Porter of Winston Strawn LLP, Separate Rates Than Fair Value: Sparklers From the People’s counsel to TPCO, submitted an affidavit In proceedings involving NME Republic of China, 56 FR 20588 (May 6, 1991), as in response to the Department’s countries, the Department begins with a amplified by Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the verification report concerning TPCO, rebuttable presumption that all People’s Republic of China, 59 FR 22585 (May 2, 1994); see also 19 CFR 351.107(d). 8 See the Department’s verification reports for 9 See Preliminary Determination, 75 FR at 22376– 11 See Preliminary Determination, 75 FR at Hengyang and TPCO, both on file in the CRU. 22377. 22377–22378.

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not for TPCO or the separate rate that presumption, consistent with the percent from the ‘‘Petition for the companies, including Xigang. Department’s practice, we are applying Imposition of Antidumping Duties: a single antidumping rate (i.e., the PRC- Certain Seamless Carbon and Alloy The PRC-Wide Rate wide rate) to all exporters of subject Steel Standard, Line, and Pressure Pipe In the Preliminary Determination, the merchandise from the PRC, other than from the People’s Republic of China,’’ Department considered certain non- the exporters listed in the ‘‘Final dated September 16, 2009 (‘‘Petition’’). responsive PRC producers/exporters to Determination Margins’’ section of this In the Preliminary Determination, we be part of the PRC-wide entity because notice.15 preliminarily found the rate of 98.37 they did not respond to our requests for percent to be the highest Petition margin Corroboration information and did not demonstrate that could be corroborated within the that they operated free of government Section 776(c) of the Act provides meaning of section 776(c) of the Act. For control over their export activities.12 No that, when the Department relies on the final determination, we find that additional information regarding these secondary information, rather than on this rate, as adjusted to reflect the entities has been placed on the record information obtained in the course of an CAFC’s decision in Dorbest (98.74), is since the publication of the Preliminary investigation as facts available (‘‘FA’’), it within the range of CONNUM-specific Determination. Since the PRC-wide must, to the extent practicable, margins calculated for the mandatory entity did not provide the Department corroborate that information from respondents in this proceeding. with requested information, pursuant to independent sources reasonably at its Therefore, we consider the rate to have section 776(a)(2)(A) of the Act, we disposal. Secondary information is probative value. See Hengyang and continue to find it appropriate to base described in the Statement of TPCO Analysis Memoranda. Therefore, the PRC-wide rate on facts otherwise Administrative Action (‘‘SAA’’) as we continue to find that the margin available. Moreover, given that the PRC- ‘‘information derived from the petition based on the petition has probative wide entity did not respond to our that gave rise to the investigation or value. Accordingly, we find that the rate request for information, we continue to review, the final determination of 98.74 percent is corroborated within find that it failed to cooperate to the best concerning subject merchandise, or any the meaning of section 776(c) of the Act. of its ability to comply with a request previous review under section 751 of for information. Thus, pursuant to the Act concerning the subject Partial AFA for TPCO section 776(b) of the Act, and consistent merchandise.’’16 The SAA provides that As in the Preliminary Determination, with the Department’s practice, we have to ‘‘corroborate’’ means simply that the the Department has continued to apply continued to use an adverse inference in Department will satisfy itself that the partial AFA with respect to the selecting from among the facts secondary information to be used has unreported downstream sales of TPCO’s otherwise available.13 probative value.17 The SAA also states U.S. affiliate which TPCO failed to Pursuant to section 776(b) of the Act, that independent sources used to timely submit to the Department. the Department may select, as AFA, corroborate may include, for example, Because this information is not on the information derived from: (1) The published price lists, official import record and TPCO significantly impeded petition; (2) the final determination statistics and customs data, and this proceeding by its failure to timely from the LTFV investigation; (3) a information obtained from interested submit the information, we have previous administrative review; or (4) parties during the particular continued to rely upon the FA with any other information placed on the investigation.18 To corroborate respect to the unreported sales pursuant record. To induce respondents to secondary information, the Department to sections 776(a)(1) and (2)(C) of the provide the Department with complete will, to the extent practicable, examine Act. Further, because the Department and accurate information in a timely the reliability and relevance of the finds that TPCO failed to cooperate to manner, the Department’s practice is to information used.19 the best of its ability, pursuant to select, as AFA, the higher of: (a) The As total AFA, the Department section 776(b) of the Act, the highest margin alleged in the petition; preliminarily selected the rate of 98.37 Department has determined to use an or (b) the highest calculated rate for any adverse inference when applying FA in respondent in the investigation.14 15 See Synthetic Indigo From the People’s this investigation. As partial AFA, the Republic of China; Notice of Final Determination of Department is applying to the Since we begin with the presumption Sales at Less Than Fair Value, 65 FR 25706 (May that all companies within an NME 3, 2000) (applying the PRC-wide rate to all unreported sales the highest control country are subject to government exporters of subject merchandise in the PRC based number-specific dumping margin control and only the exporters listed on the presumption that the export activities of the calculated for TPCO. For further details, companies that failed to respond to the see Comment 17 of the Issues and under the ‘‘Final Determination Department’s questionnaire were controlled by the Margins’’ section below have overcome PRC government). Decision Memorandum. 16 See SAA, accompanying the Uruguay Round Also, the Department finds that the 12 See id., 75 FR at 22379–22380. Agreements Act, H.R. Doc. 103–316, Vol. 1 at 870. correct ratios of purchased and self- 13 See Notice of Final Determination of Sales at 17 See id. produced billets which TPCO used to Less Than Fair Value: Certain Cold-Rolled Flat- 18 See id. produce subject merchandise are not on Rolled Carbon-Quality Steel Products From the 19 See Tapered Roller Bearings and Parts Thereof, the record because the information Russian Federation, 65 FR 5510, 5518 (February 4, Finished and Unfinished, From Japan, and Tapered 2000) (where the Department applied an adverse Roller Bearings, Four Inches or Less in Outside regarding these ratios that was provided inference in determining the Russia-wide rate); Diameter, and Components Thereof, From Japan; by TPCO could not be verified, pursuant Final Determination of Sales at Less Than Fair Preliminary Results of Antidumping Duty to sections 776(a)(1) and (2)(D) of the Value: Certain Artists Canvas from the People’s Administrative Reviews and Partial Termination of Act. Accordingly, the Department is Republic of China, 71 FR 16116, 16118–19 (March Administrative Reviews, 61 FR 57391, 57392 30, 2006) (where the Department applied an adverse (November 6, 1996), unchanged in Tapered Roller using FA. Moreover, because the inference in determining the PRC-wide rate). Bearings and Parts Thereof, Finished and Department finds that TPCO failed to 14 See Final Determination of Sales at Less Than Unfinished, From Japan, and Tapered Roller cooperate by not acting to the best of its Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Bearings, Four Inches or Less in Outside Diameter, ability, pursuant to section 776(b) of the Quality Steel Products From the People’s Republic and Components Thereof, From Japan; Final of China, 65 FR 34660 (May 31, 2000), and Results of Antidumping Duty Administrative Act, the Department has determined to accompanying Issues and Decisions Memorandum Reviews and Termination in Part, 62 FR 11825 use an adverse inference when applying at ‘‘Facts Available.’’ (March 13, 1997). partial facts available. As partial AFA,

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the Department is using the highest highest consumption rates for steel strap investigations will be specific to those purchased billet usage rate of any provided on the record of this producers that supplied the exporter during CONNUM sold to the United States investigation by Hengyang, the other the period of investigation. Note, however, during the POI, reported in TPCO’s FOP mandatory respondent in this that one rate is calculated for the exporter database, as the usage rate for purchased investigation, to all CONNUMs reported and all of the producers which supplied subject merchandise to it during the period steel billets for all other CONNUMs. For in TPCO’s FOP database. For further of investigation. This practice applies both to further details, see Comment 16 of the details, see Comment 27 of the Issues mandatory respondents receiving an Issues and Decision Memorandum. and Decision Memorandum. individually calculated separate rate as well In addition, the Department finds that Combination Rates as the pool of non-investigated firms necessary information is not on the receiving the weighted-average of the record to determine TPCO’s steel strap In the Initiation Notice, the individually calculated rates. This practice is usage because TPCO did not report its Department stated that it would referred to as the application of ‘‘combination steel strap usage by the deadline calculate combination rates for rates’’ because such rates apply to specific established by the Department, pursuant respondents that are eligible for a combinations of exporters and one or more to sections 776(a)(1) and (2)(B) of the separate rate in this investigation.20 This producers. The cash-deposit rate assigned to Act. Thus, the Department has practice is described in Department an exporter will apply only to merchandise determined to use FA. Moreover, Policy Bulletin 05.1, ‘‘Separate-Rates both exported by the firm in question and produced by a firm that supplied the exporter because the Department finds that TPCO Practice and Application of during the period of investigation.21 failed to cooperate by not acting to the Combination Rates in Antidumping best of its ability to report steel strap Investigations involving Non-Market Final Determination Margins usage, pursuant to section 776(b) of the Economy Countries,’’ which states: Act, the Department has determined to {W}hile continuing the practice of We determine that the following use an adverse inference when applying assigning separate rates only to exporters, all weighted-average dumping margins partial facts available. As partial AFA, separate rates that the Department will now exist for the period January 1, 2009, we have assigned the average of the two assign in its {non-market economy} through June 30, 2009:

Weighted-av- Exporter & producer erage margin (percent)

Tianjin Pipe International Economic and Trading Corporation ...... 48.99 Produced by: Tianjin Pipe (Group) Corporation. Hengyang Steel Tube Group Int’l Trading Inc...... 82.03 Produced by: Hengyang Valin Steel Tube Co., Ltd., and Hengyang Valin MPM Tube Co., Ltd.. Xigang Seamless Steel Tube Co., Ltd...... 65.51 Produced by: Xigang Seamless Steel Tube Co., Ltd., and Wuxi Seamless Special Pipe Co., Ltd.. Jiangyin City Changjiang Steel Pipe Co., Ltd...... 65.51 Produced by: Jiangyin City Changjiang Steel Pipe Co., Ltd.. Pangang Group Chengdu Iron & Steel Co., Ltd...... 65.51 Produced by: Pangang Group Chengdu Iron & Steel Co., Ltd.. Yangzhou Lontrin Steel Tube Co., Ltd...... 65.51 Produced by: Yangzhou Lontrin Steel Tube Co., Ltd.. Yangzhou Chengde Steel Tube Co., Ltd...... 65.51 Produced by: Yangzhou Chengde Steel Tube Co., Ltd.. PRC-Wide Rate ...... 98.74

Disclosure and the PRC-wide entity, pursuant to However, because we have determined We will disclose to parties the section 733(e)(2) of the Act, the that critical circumstances does not calculations performed within five days Department will instruct U.S. Customs exist for TPCO or the separate rate of the date of public announcement of and Border Protection (‘‘CBP’’) to companies (including Xigang), we will this determination in accordance with continue to suspend liquidation of all instruct CBP to continue to suspend 19 CFR 351.224(b). entries of certain seamless carbon and liquidation of all entries of the alloy steel standard, line, and pressure merchandise under consideration from Continuation of Suspension of pipe from the PRC, as described in the the PRC entered, or withdrawn from Liquidation ‘‘Scope of Investigation’’ section, warehouse, for the consumption on or In accordance with section entered, or withdrawn from warehouse, after April 28, 2010, the date of 735(c)(1)(B) of the Act, and consistent for consumption on or after January 28, publication of the Preliminary with our finding of critical 2010, which is 90 days prior to the date Determination. circumstances with respect to Hengyang of publication of the Preliminary Determination in the Federal Register.

20 See Certain Seamless Carbon and Alloy Steel Antidumping Duty Investigation, 74 FR 52744, 21 See Policy Bulletin 05.1 can be found on the Standard, Line, and Pressure Pipe From the 52748 (October 14, 2009) (‘‘Initiation Notice’’). Import Administration Web site at the following People’s Republic of China: Initiation of address: http://ia.ita.doc.gov/policy/bull05–1.pdf.

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Additionally, the Department that supplied that non-PRC exporter. Comment 7: The Appropriate Surrogate determined in its final determination for These suspension-of-liquidation Value for Steel Billets the companion countervailing duty instructions will remain in effect until Comment 8: The Appropriate Surrogate (‘‘CVD’’) investigation that TPCO’s and further notice. Value for Pig Iron Hengyang’s merchandise benefited from Comment 9: The Appropriate Surrogate ITC Notification export subsidies.22 Therefore, we will Value for Iron Ore and Iron Powder instruct CBP to require a cash deposit or In accordance with section 735(d) of Comment 10: The Appropriate posting of a bond equal to the weighted- the Act, we have notified the Surrogate Value for Oxygen and average amount by which normal value International Trade Commission (‘‘ITC’’) Nitrogen exceeds U.S. price for TPCO and of our final determination of sales at Comment 11: The Appropriate Hengyang, as indicated above, minus LTFV. As our final determination is Surrogate Value for Medium the amount determined to constitute an affirmative, in accordance with section Chromium export subsidy.23 735(b)(2) of the Act, the ITC will Comment 12: The Appropriate With respect to the companies other determine whether the domestic Surrogate Value for SiCa Cable than TPCO and Hengyang that are industry in the United States is Comment 13: The Appropriate receiving a separate rate, we have materially injured, or threatened with Surrogate Value for Dolomite and applied to these companies the average material injury, by reason of imports or Dolomite Powder of the rates calculated for TPCO and sales (or the likelihood of sales) for Comment 14: The Appropriate Hengyang. In the companion CVD importation of the subject merchandise Surrogate Value for Compressed Air investigation, the Department found that within 45 days of this final Comment 15: The Appropriate TPCO’s and Hengyang’s merchandise determination. If the ITC determines Surrogate Value for Steam Coal benefited from export subsidies during that material injury or threat of material Comment 16: Whether to Apply AFA the POI, and, consequently all other injury does not exist, the proceeding Because of Errors in the FOP Database exporters (besides TPCO and Hengyang) will be terminated and all securities Comment 17: Whether TPCO is were found to have benefited from posted will be refunded or canceled. If Affiliated with One of its U.S. export subsidies based upon TPCO’s the ITC determines that such injury Customers and Whether AFA or and Hengyang’s results. Therefore, we does exist, the Department will issue an Partial AFA Should be Applied will instruct CBP to require a cash antidumping duty order directing CBP Because of Unreported Downstream deposit or posting of a bond equal to the to assess, upon further instruction by Sales weighted-average amount by which the Department, antidumping duties on Comment 18: Whether Targeted normal value exceeds U.S. price for all imports of the subject merchandise Dumping Exists TPCO and Hengyang, as indicated entered, or withdrawn from warehouse, Comment 19: Whether Market Economy above, minus the amount determined to for consumption on or after the effective Purchase Prices Should be Used to constitute an export subsidy. date of the suspension of liquidation. Value Steel Scrap With respect to the PRC-wide entity, Comment 20: Whether to Disallow a By- Notification Regarding APO as AFA, we applied the highest rate Product Offset for Steel Scrap from the Petition, as adjusted to reflect This notice also serves as a reminder Comment 21: Calculating Freight the CAFC’s decision in Dorbest, that we to the parties subject to administrative Expenses for Transporting Pipe for were able to corroborate. See the protective order (‘‘APO’’) of their Further Processing Corroboration section above. responsibility concerning the Comment 22: Whether Certain Materials disposition of proprietary information are Inputs or Overhead Cash Deposit disclosed under APO in accordance Comment 23: Whether to Deduct The Department will instruct CBP to with 19 CFR 351.305. Timely Domestic Inland Insurance from the require a cash deposit or the posting of notification of return or destruction of U.S. Price a bond equal to the weighted-average APO materials or conversion to judicial Comment 24: Whether to Correct the dumping margin amount by which the protective order is hereby requested. Conversion Factor for Argon normal value exceeds U.S. price, as Failure to comply with the regulations Comment 25: Whether to Calculate a follows: (1) The rate for the exporter/ and the terms of an APO is a Factor for Pipeline Transmission producer combinations listed in the sanctionable violation. Comment 26: Whether to Disallow a By- chart above will be the rate the This determination and notice are Product Offset for Electricity Comment 27: Whether to Apply Partial Department has determined in this final issued and published in accordance AFA to Unreported Steel Strap determination; (2) for all PRC exporters with sections 735(d) and 777(i)(1) of the Comment 28: Whether to Deduct of subject merchandise which have not Act. Warranty Expenses from the U.S. received their own rate, the cash-deposit Dated: September 10, 2010. rate will be the PRC-wide entity rate; Price Paul Piquado, and (3) for all non-PRC exporters of Comment 29: Whether to Deduct subject merchandise which have not Acting Deputy Assistant Secretary for Import Unreported Stevedoring Expenses Administration. received their own rate, the cash-deposit from the U.S. Price Comment 30: Whether the 33 Percent rate will be the rate applicable to the Appendix I Threshold Test is Appropriate When PRC exporter/producer combination Comment 1: Scope Issues Deciding to Use Market Economy Comment 2: Double Remedy Purchase Prices 22 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Comment 3: Zeroing Comment 31: Whether the Ratio for Pig Republic of China: Final Affirmative Countervailing Comment 4: Whether to Deduct Chinese Iron was Calculated Correctly Duty Determination, dated concurrently with this VAT from U.S. Price Comment 32: Whether Freight Cost notice. Comment 5: The Appropriate Surrogate Should be Added to TPCO’s 23 See Notice of Final Determination of Sales at Value for Labor Less Than Fair Value: Carbazole Violet Pigment 23 Consumption of Water from India, 69 FR 67306, 67307 (November 17, Comment 6: The Appropriate Financial Comment 33: Pig Iron Market Economy 2004). Statements Purchases

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Comment 34: Export Price Sales supplemental questionnaires to Sun indicated: 1.80 percent of manganese, or Classification to a U.S. Customer Group Inc.’s (‘‘respondent’’) U.S. 2.25 percent of silicon, or 1.00 percent Comment 35: Steel Scrap Offset affiliated importer FitMAX Inc. of copper, or 0.50 percent of aluminum, Comment 36: By-product Offset for the (‘‘FitMAX’’) on June 2, 2010 and June 16, or 1.25 percent of chromium, or 0.30 Recovery of Blast Furnace Gas 2010. FitMAX responded on June 7, percent of cobalt, or 0.40 percent of Comment 37: Whether Hengyang Failed 2010, and June 21, 2010, respectively. lead, or 1.25 percent of nickel, or 0.30 to Report Certain Alloying Materials Respondent submitted post–preliminary percent of tungsten, or 0.10 percent of Comment 38: Treating Certain Ancillary surrogate value comments on June 1, molybdenum, or 0.10 percent of Materials as Inputs 2010, and on June 11, 2010, petitioners1 niobium, or 0.15 percent vanadium, or Comment 39: Application of Certain submitted rebuttal comments. On June 0.15 percent of zirconium. The Adjustment to the Factors for Sintered 28, 2010, respondent submitted a case description of carbon–quality is Iron Ore brief, and on July 6, 2010, petitioners intended to identify carbon–quality Comment 40: Critical Circumstances submitted a rebuttal brief. None of the products within the scope. The welded [FR Doc. 2010–23549 Filed 9–20–10; 8:45 am] interested parties requested a hearing. carbon–quality rectangular pipe and BILLING CODE 3510–DS–P As explained in the memorandum tube subject to the order is currently from the Deputy Assistant Secretary for classified under the Harmonized Tariff Import Administration, the Department Schedule of the United States DEPARTMENT OF COMMERCE exercised its discretion to toll deadlines (‘‘HTSUS’’) subheadings 7306.61.50.00 International Trade Administration for the duration of the closure of the and 7306.61.70.60. Federal Government from February 5, While HTSUS subheadings are [A–570–914] through February 12, 2010. Thus, all provided for convenience and Customs deadlines in this segment of the purposes, our written description of the Light–Walled Rectangular Pipe and proceeding were extended by seven scope of the order is dispositive. Tube from the People’s Republic of days. The revised deadline for the final Analysis of Comments Received China: Final Results of the 2008–2009 results of this administrative review was Antidumping Duty Administrative thus extended to September 11, 2010. All issues raised in the case and Review See Memorandum to the Record from rebuttal briefs are addressed in the ‘‘Issues and Decision Memorandum for AGENCY: Import Administration, Ronald Lorentzen, DAS for Import the Final Results in the Antidumping International Trade Administration, Administration, regarding ‘‘Tolling of Duty Administrative Review of Light– Department of Commerce. Administrative Deadlines As a Result of Walled Rectangular Pipe and Tube from SUMMARY: On May 14, 2010, the the Government Closure During the the People’s Republic of China’’ (‘‘Issues Department of Commerce (the Recent Snowstorms,’’ dated February 12, and Decision Memorandum’’), which is ‘‘Department’’) published the 2010. dated concurrently with and hereby preliminary results of the administrative On June 9, 2010, the Department adopted by this notice. A list of the review of the antidumping duty order notified parties that as a result of the issues that parties raised and to which on light–walled rectangular pipe and recent decision in Dorbest Limited et al. we responded in the Issues and tube from the People’s Republic of v. United States, No. 2009–1257, -1266 Decision Memorandum is attached to China (‘‘PRC’’), covering the period (Fed. Cir. May 14, 2010), issued by the this notice as an Appendix. The Issues January 20, 2008, through July 31, 2009. United States Court of Appeals for the and Decision Memorandum is a public See Light–Walled Rectangular Pipe and Federal Circuit (‘‘CAFC’’), the document that is on file in the Central Tube from the People’s Republic of Department would be reconsidering its Records Unit in room 7046 in the main China: Preliminary Results of the 2008– valuation of labor in this review. On Department building, and is accessible 2009 Antidumping Duty Administrative July 22, 2010, the Department placed on the web at http://www.ia.ita.doc.gov/ Review, 75 FR 27308 (May 14, 2010) export data on the record of the review frn. The paper copy and electronic (‘‘Preliminary Results’’). We gave and gave parties until July 27, 2010, to version of the memorandum are interested parties an opportunity to comment on the narrow issue of the identical in content. comment on the Preliminary Results. labor wage value in light of the CAFC’s After reviewing the interested parties’ decision. On July 27, 2010, respondent Changes Since the Preliminary Results submitted comments on the labor wage comments, we made changes to our Based on our analysis of the issue. No other party commented. calculations for the final results of the comments received, we made the review. The final dumping margin for Scope of the Order following changes in calculating the this review is listed in the ‘‘Final Results respondent’s dumping margin: (1) we of Review’’ section below. The merchandise subject to this order is certain welded carbon–quality light– made changes to the surrogate value for EFFECTIVE DATE: September 21, 2010. walled steel pipe and tube, of labor; and (2) we excluded delivery and FOR FURTHER INFORMATION CONTACT: rectangular (including square) cross website expenses from U.S. indirect Melissa Blackledge or Howard Smith, section, having a wall thickness of less selling expenses (‘‘ISE’’) used to AD/CVD Operations, Office 4, Import than 4 mm. calculate the ISE ratio. For further Administration, International Trade The term carbon–quality steel details, see the accompanying ‘‘Issues Administration, U.S. Department of includes both carbon steel and alloy and Decision Memorandum,’’ and the Commerce, 14th Street and Constitution steel which contains only small memoranda entitled ‘‘Analysis for the Avenue, NW, Washington, DC 20230; amounts of alloying elements. Final Results of Antidumping Duty telephone (202) 482–3518 or (202) 482– Specifically, the term carbon–quality Administrative Review of Light–Walled 5193, respectively. includes products in which none of the Rectangular Pipe and Tube from the SUPPLEMENTARY INFORMATION: elements listed below exceeds the People’s Republic of China: Sun Group quantity by weight respectively Inc.,’’ and ‘‘2008–2009 Antidumping Background Duty Administrative Review of Light– Following the Preliminary Results, the 1 Petitioners are Atlas Tube, Bull Moose Tube Walled Rectangular Pipe and Tube from Department issued additional Company and Searing Industries, Inc. the People’s Republic of China:

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Surrogate Values for the Final Results’’ that reimbursement of antidumping CONTACT PERSON FOR MORE INFORMATION: memoranda, all dated September 13, duties occurred and the subsequent Sauntia S. Warfield, 202–418–5084. 2010. assessment of double antidumping Sauntia S. Warfield, duties. Final Results of Review Assistant Secretary of the Commission. This notice also serves as a final [FR Doc. 2010–23648 Filed 9–17–10; 4:15 pm] We determine that the following reminder to parties subject to the margin exists for the period January 20, BILLING CODE 6351–01–P administrative protective order (‘‘APO’’) 2008, through July 31, 2009: of their responsibility concerning the return or destruction of proprietary LIGHT–WALLED RECTANGULAR PIPE COMMODITY FUTURES TRADING information disclosed under the APO in COMMISSION AND TUBE FROM THE PRC accordance with 19 CFR 351.305. Timely written notification of the return Weighted–Average Sunshine Act Meetings Company Margin (Percent) or destruction of APO materials or conversion to judicial protective order is TIME AND DATE: 11 a.m., Friday, October The Sun Group Inc...... 27.12 hereby requested. Failure to comply 22, 2010. with the regulations and the terms of an PLACE: 1155 21st St., NW., Washington, Assessment Rates APO is a sanctionable violation. DC, 9th Floor Commission Conference The Department has determined, and This notice of final results is issued Room. U.S. Customs and Border Protection and published in accordance with STATUS: (‘‘CBP’’) shall assess, antidumping duties sections 751(a)(1) and 777(i)(1) of the Closed. on all appropriate entries. The Act. MATTERS TO BE CONSIDERED: Surveillance Department intends to issue assessment Dated: September 13, 2010. and Enforcement Matters. instructions to CBP 15 days after the Ronald K. Lorentzen. CONTACT PERSON FOR MORE INFORMATION: date of publication of the final results of Deputy Assistant Secretary for Import Sauntia S. Warfield, 202–418–5084. review. Administration. Sauntia S. Warfield, Cash Deposit Requirements [FR Doc. 2010–23548 Filed 9–20–10; 8:45 am] Assistant Secretary of the Commission. BILLING CODE 3510–DS–S The following cash–deposit [FR Doc. 2010–23649 Filed 9–17–10; 4:15 pm] requirements will apply to all BILLING CODE 6351–01–P shipments of light–walled rectangular pipe and tube from the PRC entered, or withdrawn from warehouse, for COMMODITY FUTURES TRADING COMMISSION COMMODITY FUTURES TRADING consumption on or after the publication COMMISSION date of the final results of this Sunshine Act Meetings administrative review, as provided by Sunshine Act Meetings section 751(a)(1) of the Tariff Act of TIME AND DATE: 11 a.m., Friday, October ‘‘ ’’ TIME AND DATE: 11 a.m., Friday, October 1930, as amended (the Act ): (1) the 1, 2010. cash deposit rate for the reviewed 8, 2010. PLACE: 1155 21st St., NW., Washington, company named above will be the rate PLACE: 1155 21st St., NW., Washington, for that firm established in the final DC, 9th Floor Commission Conference DC, 9th Floor Commission Conference results of this administrative review; (2) Room. Room. for any previously reviewed or STATUS: Closed. investigated PRC or non–PRC exporter, STATUS: Closed. not covered in this review, with a MATTERS TO BE CONSIDERED: Surveillance MATTERS TO BE CONSIDERED: Surveillance separate rate, the cash deposit rate will and Enforcement Matters. and Enforcement Matters. be the company–specific rate CONTACT PERSON FOR MORE INFORMATION: CONTACT PERSON FOR MORE INFORMATION: established in the most recent segment Sauntia S. Warfield, 202–418–5084. Sauntia S. Warfield, 202–418–5084. of this proceeding; (3) for all other PRC exporters, the cash deposit rate will be Sauntia S. Warfield, Sauntia S. Warfield, the PRC–wide rate which is 264.64 Assistant Secretary of the Commission. Assistant Secretary of the Commission. percent; and (4) the cash–deposit rate [FR Doc. 2010–23645 Filed 9–17–10; 4:15 pm] [FR Doc. 2010–23647 Filed 9–17–10; 4:15 pm] for any non–PRC exporter of subject BILLING CODE 6351–01–P BILLING CODE 6351–01–P merchandise from the PRC will be the rate applicable to the PRC exporter that supplied that exporter. These deposit COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING requirements, when imposed, shall COMMISSION COMMISSION remain in effect until further notice. Sunshine Act Meetings Sunshine Act Meetings Notification to Interested Parties This notice serves as a final reminder TIME AND DATE: 11 a.m., Friday October TIME AND DATE: 11 a.m., Friday, October to importers of their responsibility 15, 2010. 29, 2010. under 19 CFR 351.402(f)(2) to file a PLACE: 1155 21st St., NW., Washington, PLACE: 1155 21st St., NW., Washington, certificate regarding the reimbursement DC, 9th Floor Commission Conference DC, 9th Floor Commission Conference of antidumping duties prior to Room. Room. liquidation of the relevant entries during this review period. Failure to STATUS: Closed. STATUS: Closed. comply with this requirement could MATTERS TO BE CONSIDERED: Surveillance MATTERS TO BE CONSIDERED: Surveillance result in the Secretary’s presumption and Enforcement Matters. and Enforcement Matters.

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CONTACT PERSON FOR MORE INFORMATION: submitted on September 8, 2010, to the civilian agency, years of Federal service, Sauntia S. Warfield, 202–418–5084. House Committee on Oversight and school attended and years of attendance, Government Reform, the Senate security clearance granted and date, Sauntia S. Warfield, Committee on Governmental Affairs, biographical data, course/section Assistant Secretary of the Commission. and the Office of Management and assignment, prior education, and [FR Doc. 2010–23650 Filed 9–17–10; 4:15 pm] Budget (OMB) pursuant to paragraph 4c academic data.’’ BILLING CODE 6351–01–P of Appendix I to OMB Circular No. A– 130, ‘‘Federal Agency Responsibilities AUTHORITY FOR MAINTENANCE OF THE SYSTEM: for Maintaining Records About Delete entry and replace with ‘‘10 DEPARTMENT OF DEFENSE Individuals,’’ dated February 8, 1996 U.S.C. 2165, National Defense (February 20, 1996, 61 FR 6427). University; 10 U.S.C. 2163, Degree Office of the Secretary Granting Authority for National Defense Dated: September 15, 2010. [Docket ID: DOD–2010–OS–0123] University and E.O. 9397, as amended Mitchell S. Bryman, (SSN).’’ Privacy Act of 1974; System of Alternate OSD Federal Register Liaison Officer, Department of Defense. PURPOSE(S): Records Delete entry and replace with ‘‘To DNDU 01 AGENCY: Department of Defense. confirm attendance eligibility, monitor ACTION: Notice to alter a system of SYSTEM NAME: student progress, produce record of records. National Defense University (NDU) grades and achievements, prepare Student Data Files (October 1, 2008; 73 assignment rosters and to render SUMMARY: The Office of the Secretary of FR 57080). management, statistical summaries and Defense proposes to alter a system of reports at the National Defense records in its inventory of record CHANGES: University.’’ systems subject to the Privacy Act of * * * * * * * * * * 1974 (5 U.S.C. 552a), as amended. SYSTEM LOCATION: DATES: This proposed action would be RETRIEVABILITY: Delete entry and replace with effective without further notice on Delete entry and replace with ‘‘By ‘‘National Defense University, 300 5th October 21, 2010, unless comments are name, Social Security Number (SSN), or Avenue, Building 62, Fort Leslie J. received which result in a contrary student identification number.’’ McNair, Washington, DC 20319–5000.’’ determination. SAFEGUARDS: ADDRESSES: You may submit comments, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Delete entry and replace with identified by docket number and title, ‘‘Records are housed in a controlled by any of the following methods: Delete entry and replace with ‘‘Active • Military, Reserve, National Guard, DoD entry building with 24/7 security guards Federal Rulemaking Portal: http:// and accessed only by authorized www.regulations.gov. Follow the and other Federal and State civilians, international military and civilian personnel having an official need-to- instructions for submitting comments. know. Access Rights List is the • Mail: Federal Docket Management fellow, contractor, and private industry Computer Network Defense Service System Office, Room 3C843 Pentagon, students attached to the National Provider with 24/7 monitoring of all 1160 Defense Pentagon, Washington, DC Defense University. Resident/non- incoming and outgoing traffic. An 20301–1160. resident students enrolled in courses of Intrusion Detection System, firewalls, Instructions: All submissions received instruction at The National Defense routers, and Access Control Lists are must include the agency name and University (NDU), including the College used to protect access to the system. docket number for this Federal Register of International Security Affairs, Virtual Private Network and Secure document. The general policy for Industrial College of the Armed Forces, Socket Layers are used for transactions comments and other submissions from Information Resources Management to and from the system. Internally, members of the public is to make these College, Joint Forces Staff College, National Defense University employs a submissions available for public National War College, Center for two-factor authentication, Common viewing on the Internet at http:// Applied Strategic Learning, Center for Access Card login, role-based profiles www.regulations.gov as they are the Study of Chinese Military Affairs, and access is granted on a need-to-know received without change, including any Center for the Study of Weapons of basis. Access to user and division personal identifiers or contact Mass Destruction, Center for folders is granted on a need-to-know information. Technology and National Security Policy, Institute for National Strategic basis. Data at rest is protected through FOR FURTHER INFORMATION CONTACT: Ms. Studies, CAPSTONE, Institute for access controls including role-based Cindy Allard at (703) 588–6830. National Security Ethics and permissions based on need-to-know. SUPPLEMENTARY INFORMATION: The Office Leadership, International Student Annual Information Awareness Training of the Secretary of Defense notices for Management Office, Joint Reserve including Personal Identifiable systems of records subject to the Privacy Affairs Center, NATO Education Center, Information is required by all users. Act of 1974 (5 U.S.C. 552a), as amended, Secretary of Defense Corporate Fellows Completion of Privacy Act training is have been published in the Federal Program, and Strategic Policy Forum.’’ required annually.’’ Register and are available from the * * * * * Chief, OSD/JS Privacy Office, Freedom CATEGORIES OF RECORDS IN THE SYSTEM: of Information Directorate, Washington Delete entry and replace with ‘‘Name, SYSTEM MANAGER(S) AND ADDRESS: Headquarters Services, 1155 Defense address, date of birth, citizenship, race, Delete entry and replace with Pentagon, Washington DC 20301–1155. Social Security Number (SSN), phone ‘‘President, National Defense University, The proposed system report, as numbers, e-mail addresses, disability 300 5th Avenue, Building 62, Fort Leslie required by 5 U.S.C. 552a(r) of the information, student identification J. McNair, Washington, DC 20319– Privacy Act of 1974, as amended, was number, grade/rank, branch of service or 5000.’’

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NOTIFICATION PROCEDURE: Technology and National Security personnel having an official need-to- Delete entry and replace with Policy, Institute for National Strategic know. Access Rights List is the ‘‘Individuals seeking to determine Studies, CAPSTONE, Institute for Computer Network Defense Service whether information about themselves National Security Ethics and Provider with 24/7 monitoring of all is contained in this system of records Leadership, International Student incoming and outgoing traffic. An should address written inquiries to the Management Office, Joint Reserve Intrusion Detection System, firewalls, President, National Defense University, Affairs Center, NATO Education Center, routers, and Access Control Lists are 300 5th Avenue, Building 62, Fort Leslie Secretary of Defense Corporate Fellows used to protect access to the system. J. McNair, Washington, DC 20319–5000. Program, and Strategic Policy Forum. Virtual Private Network and Secure Individuals should provide his/her Socket Layers are used for transactions full name, Social Security number CATEGORIES OF RECORDS IN THE SYSTEM: to and from the system. Internally, (SSN), student identification number, Name, address, date of birth, National Defense University employs a date of birth, school attended, and years citizenship, race, Social Security two-factor authentication, Common of attendance.’’ Number (SSN), phone numbers, e-mail Access Card login, role-based profiles addresses, disability information, and access is granted on a need-to-know RECORD ACCESS PROCEDURES: student identification number, grade/ basis. Access to user and division Delete entry and replace with rank, branch of service or civilian folders is granted on a need-to-know ‘‘Individuals seeking access to agency, years of Federal service, school basis. Data at rest is protected through information about themselves contained attended and years of attendance, access controls including role-based in this system of records should address security clearance granted and date, permissions based on need-to-know. written inquiries to the Office of the biographical data, course/section Annual Information Awareness Training Secretary of Defense/Joint Staff Freedom assignment, prior education, and including Personal Identifiable of Information Act Requester Service academic data. Information is required by all users. Center, 1155 Defense Pentagon, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Completion of Privacy Act training is Washington, DC 20301–1155. required annually. Individuals should provide his/her 10 U.S.C. 2165, National Defense full name, Social Security number University; 10 U.S.C. 2163, Degree RETENTION AND DISPOSAL: (SSN), student identification number, Granting Authority for National Defense Individual and class academic records date of birth, school attended, and years University and E.O. 9397, as amended are destroyed after 40 years. Records of attendance.’’ (SSN). pertaining to extension courses are held * * * * * PURPOSE(S): indefinitely before being retired to the National Personnel Records Center, St. RECORD SOURCE CATEGORIES: To confirm attendance eligibility, monitor student progress, produce Louis, MO. Individual training records Delete entry and replace with are destroyed annually; management ‘‘Individuals, faculty evaluations and record of grades and achievements, prepare assignment rosters and to reports are destroyed when no longer reports or transcripts from educational needed. institutions.’’ render management, statistical * * * * * summaries and reports at the National SYSTEM MANAGER(S) AND ADDRESS: Defense University. President, National Defense DNDU 01 ROUTINE USES OF RECORDS MAINTAINED IN THE University, 300 5th Avenue, Building SYSTEM NAME: SYSTEM, INCLUDING CATEGORIES OF USERS AND 62, Fort Leslie J. McNair, Washington, National Defense University (NDU) THE PURPOSES OF SUCH USES: DC 20319–5000. In addition to those disclosures Student Data Files NOTIFICATION PROCEDURE: generally permitted under 5 U.S.C. SYSTEM LOCATION: 552a(b) of the Privacy Act of 1974, these Individuals seeking to determine National Defense University, 300 5th records contained therein may whether information about themselves Avenue, Building 62, Fort Leslie J. specifically be disclosed outside the is contained in this system of records McNair, Washington, DC 20319–5000. DoD as a routine use pursuant to 5 should address written inquiries to the U.S.C. 552a(b)(3) as follows: President, National Defense University, CATEGORIES OF INDIVIDUALS COVERED BY THE 300 5th Avenue, Building 62, Fort Leslie SYSTEM: The DoD ‘Blanket Routine Uses’ set forth at the beginning of OSD’s J. McNair, Washington, DC 20319–5000. Active Military, Reserve, National compilation of systems of records Individuals should provide his/her Guard, DoD and other Federal and State notices also apply to this system. full name, Social Security number civilians, international military and (SSN), student identification number, civilian fellow, contractor, and private POLICIES AND PRACTICES FOR STORING, date of birth, school attended and years industry students attached to the RETRIEVING, ACCESSING, RETAINING, AND of attendance. National Defense University. Resident/ DISPOSING OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: non-resident students enrolled in STORAGE: courses of instruction at The National Individuals seeking access to Paper records in file folders and Defense University (NDU), including the information about themselves contained electronic storage media. College of International Security Affairs, in this system of records should address Industrial College of the Armed Forces, RETRIEVABILITY: written inquiries to the Office of the Information Resources Management By name, Social Security Number Secretary of Defense/Joint Staff Freedom College, Joint Forces Staff College, (SSN), or student identification number. of Information Act Requester Service National War College, Center for Center, 1155 Defense Pentagon, Applied Strategic Learning, Center for SAFEGUARDS: Washington, DC 20301–1155. the Study of Chinese Military Affairs, Records are housed in a controlled Individuals should provide his/her Center for the Study of Weapons of entry building with 24/7 security guards full name, Social Security number Mass Destruction, Center for and accessed only by authorized (SSN), student identification number,

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date of birth, school attended and years accuracy of the agency’s estimate of the Individuals who use a of attendance. burden of the proposed collection of telecommunications device for the deaf information, including the validity of (TDD) may call the Federal Information CONTESTING RECORD PROCEDURES: the methodology and assumptions used; Relay Service (FIRS) at 1–800–877– The Office of the Secretary of Defense (3) Enhance the quality, utility, and 8339. rules for accessing records, and for clarity of the information to be [FR Doc. 2010–23573 Filed 9–20–10; 8:45 am] contesting contents and appealing collected; and (4) Minimize the burden BILLING CODE 4000–01–P initial agency determinations are of the collection of information on those contained in Administrative Instruction who are to respond, including through 81; 32 CFR part 311; or may be obtained the use of appropriate automated, DEPARTMENT OF EDUCATION from the system manager. electronic, mechanical, or other Notice of Submission for OMB Review RECORD SOURCE CATEGORIES: technological collection techniques or other forms of information technology. Individuals, faculty evaluations and AGENCY: Department of Education. reports or transcripts from educational Dated: September 15, 2010. ACTION: Comment request. institutions. Darrin A. King, Director, Information Collection Clearance SUMMARY: The Director, Information EXEMPTIONS CLAIMED FOR THE SYSTEM: Division, Regulatory Information Collection Clearance Division, None. Management Services, Office of Management. Regulatory Information Management [FR Doc. 2010–23458 Filed 9–20–10; 8:45 am] Federal Student Aid Services, Office of Management invites BILLING CODE 5001–06–P comments on the submission for OMB Type of Review: New. review as required by the Paperwork Title of Collection: Student Assistance Reduction Act of 1995 (Pub. L. 104–13). General Provisions—Satisfactory DEPARTMENT OF EDUCATION DATES: Interested persons are invited to Academic Progress Policy. submit comments on or before October Notice of Submission for OMB Review OMB Control Number: Pending. Agency Form Number(s): N/A. 21, 2010. AGENCY: Department of Education. Frequency of Responses: On ADDRESSES: Written comments should ACTION: Comment request. Occasion. be addressed to the Office of Affected Public: Information and Regulatory Affairs, SUMMARY: The Director, Information Individuals or households. Attention: Education Desk Officer, Collection Clearance Division, Not-for-profit institutions. Office of Management and Budget, 725 Regulatory Information Management State, Local, or Tribal Government, State 17th Street, NW., Room 10222, New Services, Office of Management invites Educational Agencies or Local Executive Office Building, Washington, comments on the submission for OMB Educational Agencies. DC 20503, be faxed to (202) 395–5806 or review as required by the Paperwork e-mailed to Reduction Act of 1995 (Pub. L. 104–13). Total Estimated Number of Annual _ Responses: 21,672,244. oira [email protected] with a DATES: Interested persons are invited to Total Estimated Annual Burden cc: to [email protected]. Please note submit comments on or before October Hours: 977,033. that written comments received in 21, 2010. Abstract: These regulations identify response to this notice will be ADDRESSES: Written comments should the policies and procedures to ensure considered public records. be addressed to the Office of that students are making satisfactory SUPPLEMENTARY INFORMATION: Section Information and Regulatory Affairs, academic progress in their program at a 3506 of the Paperwork Reduction Act of Attention: Education Desk Officer, pace and a level to receive or continue 1995 (44 U.S.C. Chapter 35) requires Office of Management and Budget, 725 to receive Title IV of the Higher that the Office of Management and 17th Street, NW., Room 10222, New Education Act of 1965, as amended Budget (OMB) provide interested Executive Office Building, Washington, (HEA) program funds. Federal agencies and the public an early DC 20503, be faxed to (202) 395–5806 or Requests for copies of the information opportunity to comment on information e-mailed to collection submission for OMB review collection requests. The OMB is [email protected] with a may be accessed from the RegInfo.gov particularly interested in comments cc: to [email protected]. Please note Web site at http://www.reginfo.gov/ which: (1) Evaluate whether the that written comments received in public/do/PRAMain or from the proposed collection of information is response to this notice will be Department’s Web site at http:// necessary for the proper performance of considered public records. edicsweb.ed.gov, by selecting the the functions of the agency, including SUPPLEMENTARY INFORMATION: Section ‘‘Browse Pending Collections’’ link and whether the information will have 3506 of the Paperwork Reduction Act of by clicking on link number 4267. When practical utility; (2) Evaluate the 1995 (44 U.S.C. Chapter 35) requires you access the information collection, accuracy of the agency’s estimate of the that the Office of Management and click on ‘‘Download Attachments’’ to burden of the proposed collection of Budget (OMB) provide interested view. Written requests for information information, including the validity of Federal agencies and the public an early should be addressed to U.S. Department the methodology and assumptions used; opportunity to comment on information of Education, 400 Maryland Avenue, (3) Enhance the quality, utility, and collection requests. The OMB is SW., LBJ, Washington, DC 20202–4537. clarity of the information to be particularly interested in comments Requests may also be electronically collected; and (4) Minimize the burden which: (1) Evaluate whether the mailed to the Internet address of the collection of information on those proposed collection of information is [email protected] or faxed to 202– who are to respond, including through necessary for the proper performance of 401–0920. Please specify the complete the use of appropriate automated, the functions of the agency, including title of the information collection and electronic, mechanical, or other whether the information will have OMB Control Number when making technological collection techniques or practical utility; (2) Evaluate the your request. other forms of information technology.

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Dated: September 15, 2010. Relay Service (FIRS) at 1–800–877– Dated: September 15, 2010. Darrin A. King, 8339. Darrin A. King, Director, Information Collection Clearance [FR Doc. 2010–23576 Filed 9–20–10; 8:45 am] Director, Information Collection Clearance Division, Regulatory Information BILLING CODE 4000–01–P Division, Regulatory Information Management Services, Office of Management. Management Services, Office of Management. Federal Student Aid Federal Student Aid DEPARTMENT OF EDUCATION Type of Review: New. Type of Review: New. Notice of Submission for OMB Review Title of Collection: Student Assistance Title of Collection: Student Assistance General Provisions—Subpart A— General Provisions—Subpart K—Cash AGENCY: Department of Education. General. Management. OMB Control Number: Pending. OMB Control Number: Pending. ACTION: Comment request. Agency Form Number(s): N/A. Agency Form Number(s): N/A. Frequency of Responses: On occasion. SUMMARY: Affected Public: Businesses or other Frequency of Responses: On occasion. The Director, Information Collection Clearance Division, for-profit; Not-for-profit institutions; Affected Public: Businesses or other Regulatory Information Management State, Local, or Tribal Government, State for-profit; Not-for-profit institutions; Services, Office of Management invites Educational Agencies or Local State, Local, or Tribal Government, State comments on the submission for OMB Educational Agencies. Educational Agencies or Local review as required by the Paperwork Total Estimated Number of Annual Educational Agencies. Reduction Act of 1995 (Pub. L. 104–13). Responses: 600,892. Total Estimated Number of Annual Total Estimated Annual Burden Responses: 479,595. DATES: Interested persons are invited to Hours: 105,376. Total Estimated Annual Burden submit comments on or before October Abstract: The proposed regulations Hours: 54,377. 21, 2010. require an institution to report annually for each student who completes a Abstract: The proposed regulations ADDRESSES: Written comments should program that leads to gainful require institutions to provide a way for be addressed to the Office of employment in a recognized occupation a Federal Pell Grant eligible student to Information and Regulatory Affairs, identifier information about student obtain or purchase, by the seventh day Attention: Education Desk Officer, completers, the Classification of of a payment period, the books and Office of Management and Budget, 725 Instructional Programs code for each supplies required for the payment 17th Street, NW., Room 10222, New occupational training program, the period when certain conditions are met. Executive Office Building, Washington, completion date, and information about If, 10 days before the beginning of the DC 20503, be faxed to (202) 395–5806 or the amount of private education loans payment period the institution could e-mailed to and institutional financing incurred by disburse Title IV, HEA program funds _ oira [email protected] with a each graduate. In addition, the proposed for which the student was eligible, and cc: to [email protected]. Please note regulations would require the following if disbursed a credit balance would that written comments received in disclosures on the institution’s Web site: result, the institution is required to response to this notice will be the name of each occupational training provide to the student the lesser of the considered public records. program and links to the Department of presumed credit balance or the amount Labor’s O-Net site to obtain occupation needed by the student for books and SUPPLEMENTARY INFORMATION: Section profile data using a Standard supplies, as determined by the 3506 of the Paperwork Reduction Act of Occupational Classification code, institution. 1995 (44 U.S.C. Chapter 35) requires information about on-time graduation that the Office of Management and Requests for copies of the information rates for students entering the program, Budget (OMB) provide interested collection submission for OMB review cost information (including tuition fees, Federal agencies and the public an early may be accessed from the RegInfo.gov room and board, and other institutional opportunity to comment on information Web site at http://www.reginfo.gov/ costs incurred for enrolling in the collection requests. The OMB is public/do/PRAMain or from the program), placement rate information Department’s Web site at http:// particularly interested in comments for students who completed the edicsweb.ed.gov, by selecting the which: (1) Evaluate whether the program, and the median debt incurred ‘‘Browse Pending Collections’’ link and proposed collection of information is by students who completed the program by clicking on link number 4325. When necessary for the proper performance of during the preceding three years. The you access the information collection, the functions of the agency, including institution must identify separately the click on ‘‘Download Attachments ’’ to whether the information will have median Title IV, Higher Education Act view. Written requests for information practical utility; (2) Evaluate the of 1965, as amended (HEA) loan debt should be addressed to U.S. Department accuracy of the agency’s estimate of the from the private education loan debt of Education, 400 Maryland Avenue, burden of the proposed collection of and institutional financing plans. SW., LBJ, Washington, DC 20202–4537. information, including the validity of Requests for copies of the information Requests may also be electronically the methodology and assumptions used; collection submission for OMB review mailed to the Internet address (3) Enhance the quality, utility, and may be accessed from the RegInfo.gov [email protected] or faxed to 202– clarity of the information to be Web site at http://www.reginfo.gov/ 401–0920. Please specify the complete collected; and (4) Minimize the burden public/do/PRAMain or from the title of the information collection and of the collection of information on those Department’s Web site at http:// OMB Control Number when making who are to respond, including through edicsweb.ed.gov, by selecting the your request. the use of appropriate automated, ‘‘Browse Pending Collections’’ link and Individuals who use a electronic, mechanical, or other by clicking on link number 4317. When telecommunications device for the deaf technological collection techniques or you access the information collection, (TDD) may call the Federal Information other forms of information technology. click on ‘‘Download Attachments ’’ to

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view. Written requests for information require special accommodations due to to DOE–EM and site management in the should be addressed to U.S. Department a disability, please contact Patricia J. areas of environmental restoration, of Education, 400 Maryland Avenue, Halsey at least seven days in advance of waste management, and related SW., LBJ, Washington, DC 20202–4537. the meeting at the phone number listed activities. Requests may also be electronically above. Written statements may be filed Tentative Agenda mailed to the Internet address with the Board either before or after the [email protected] or faxed to 202– meeting. Individuals who wish to make Monday, September 27, 2010 401–0920. Please specify the complete oral statements pertaining to the agenda 1 p.m.—Combined Committee Session. title of the information collection and item should contact Patricia J. Halsey at 5 p.m.—Adjourn. OMB Control Number when making the address or telephone number listed your request. above. Requests must be received five Tuesday, September 28, 2010 Individuals who use a days prior to the meeting and reasonable 8:30 a.m.—Approval of Minutes, telecommunications device for the deaf provision will be made to include the Agency Updates. (TDD) may call the Federal Information presentation in the agenda. The Deputy Public Comment Session. Relay Service (FIRS) at 1–800–877– Designated Federal Officer is Chair and Facilitator Updates. 8339. empowered to conduct the meeting in a Strategic and Legacy Management [FR Doc. 2010–23574 Filed 9–20–10; 8:45 am] fashion that will facilitate the orderly Committee Report. BILLING CODE 4000–01–P conduct of business. Individuals Waste Management Committee Report. wishing to make public comments will Public Comment Session. be provided a maximum of five minutes 12 p.m.—Lunch Break. DEPARTMENT OF ENERGY to present their comments. 1 p.m.—Facility Disposition and Site Minutes: Minutes will be available by Remediation Committee Report. Environmental Management Site- writing or calling Patricia J. Halsey at Nuclear Materials Committee Report. Specific Advisory Board, Oak Ridge the address and phone number listed Administrative Committee Report. Reservation Public Comment Session. above. Minutes will also be available at 4:30 p.m.—Adjourn. the following Web site: http:// AGENCY: Department of Energy. If needed, time will be allotted after www.oakridge.doe.gov/em/ssab/ ACTION: Notice of open meeting. public comments for items added to the minutes.htm. agenda and administrative details. A SUMMARY: This notice announces a Issued at Washington, DC, on September final agenda will be available at the meeting of the Environmental 16, 2010. meeting on Monday, September 27, Management Site-Specific Advisory Rachel Samuel, 2010. Board (EM SSAB), Oak Ridge Deputy Committee Management Officer. Public Participation: The EM SSAB, Reservation. The Federal Advisory [FR Doc. 2010–23561 Filed 9–20–10; 8:45 am] Savannah River Site, welcomes the Committee Act (Pub. L. 92–463, 86 Stat. BILLING CODE 6450–01–P attendance of the public at its advisory 770) requires that public notice of this committee meetings and will make meeting be announced in the Federal every effort to accommodate persons Register. DEPARTMENT OF ENERGY with physical disabilities or special needs. If you require special DATES: Wednesday, October 13, 2010, 6 Environmental Management Site- accommodations due to a disability, p.m. Specific Advisory Board, Savannah please contact Gerri Flemming at least ADDRESSES: DOE Information Center, River Site five days in advance of the meeting at 475 Oak Ridge Turnpike, Oak Ridge, the phone number listed above. Written AGENCY: Department of Energy. Tennessee 37830. statements may be filed with the Board ACTION: FOR FURTHER INFORMATION CONTACT: Notice of open meeting. either before or after the meeting. Patricia J. Halsey, Federal Coordinator, SUMMARY: This notice announces a Individuals who wish to make oral Department of Energy Oak Ridge meeting of the Environmental statements pertaining to agenda items Operations Office, P.O. Box 2001, EM– Management Site-Specific Advisory should contact Gerri Flemming’s office 90, Oak Ridge, TN 37831. Phone (865) Board (EM SSAB), Savannah River Site. at the address or telephone listed above. 576–4025; Fax (865) 576–2347 or e-mail: The Federal Advisory Committee Act Requests must be received five days [email protected] or check the Web (Pub. L. No. 92–463, 86 Stat. 770) prior to the meeting and reasonable site at http://www.oakridge.doe.gov/em/ requires that public notice of this provision will be made to include the ssab. meeting be announced in the Federal presentation in the agenda. The Deputy SUPPLEMENTARY INFORMATION: Register. Designated Federal Officer is Purpose of the Board: The purpose of empowered to conduct the meeting in a DATES: the Board is to make recommendations Monday, September 27, 2010 1 fashion that will facilitate the orderly to DOE–EM and site management in the p.m.–5 p.m. Tuesday, September 28, conduct of business. Individuals areas of environmental restoration, 2010 8:30 a.m.–4:30 p.m. wishing to make public comments will waste management, and related ADDRESSES: The Francis Marion Hotel, be provided a maximum of five minutes activities. 387 Kings Street, Charleston, SC 29403. to present their comments. This notice Tentative Agenda: The main meeting FOR FURTHER INFORMATION CONTACT: is being published less than 15 days presentation will be on DOE-Oak Ridge Gerri Flemming, Office of External before the date of the meeting due to Budget and Prioritization. Affairs, Department of Energy, programmatic issues. Public Participation: The EM SSAB, Savannah River Operations Office, P.O. Minutes: Minutes will be available by Oak Ridge, welcomes the attendance of Box A, Aiken, SC 29802; Phone: (803) writing or calling Gerri Flemming at the the public at its advisory committee 952–7886. address or phone number listed above. meetings and will make every effort to SUPPLEMENTARY INFORMATION: Minutes will also be available at the accommodate persons with physical Purpose of the Board: The purpose of following Web site: http://www.srs.gov/ disabilities or special needs. If you the Board is to make recommendations general/outreach/srs-cab/srs-cab.html.

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Issued at Washington, DC, on September made to include the scheduled oral ADDRESSES: The proposed settlement 16, 2010. statements on the agenda. The and additional background information Rachel Samuel, Chairperson of the Panel will conduct relating to the settlement are available Deputy Committee Management Officer. the meeting to facilitate the orderly for public inspection at 1445 Ross [FR Doc. 2010–23560 Filed 9–20–10; 8:45 am] conduct of business. Public comment Avenue, Dallas, Texas 75202–2733. A BILLING CODE 6450–01–P will follow the 10-minute rule. copy of the proposed settlement may be Minutes: The minutes of the meeting obtained from Kevin Shade, 1445 Ross will be available on the U.S. Department Avenue, Dallas, Texas 75202–2733 or by DEPARTMENT OF ENERGY of Energy’s Office of High Energy calling (214) 665–2708. Comments Physics Advisory Panel Web site at: should reference the R&H Oil/Tropicana DOE/NSF High Energy Physics http://www.er.doe.gov/hep/panels/ Superfund Site in San Antonio, Bexar Advisory Panel hepap.shtml. County, Texas, and EPA Docket Number AGENCY: Department of Energy, Office of Issued in Washington, DC, on September 06–11–10, and should be addressed to Science. 16, 2010. Kevin Shade at the address listed above. ACTION: Notice of open meeting. Rachel Samuel, FOR FURTHER INFORMATION CONTACT: I- Deputy Committee Management Officer. Jung Chiang, 1445 Ross Avenue, Dallas, SUMMARY: This notice announces a [FR Doc. 2010–23563 Filed 9–20–10; 8:45 am] Texas 75202–2733 or call (214) 665– meeting of the DOE/NSF High Energy BILLING CODE 6450–01–P 2160. Physics Advisory Panel (HEPAP). Dated: September 10, 2010. Federal Advisory Committee Act (Pub. Al Armendariz, L. 92–463, 86 Stat. 770) requires that ENVIRONMENTAL PROTECTION Regional Administrator, Region 6. public notice of these meetings be AGENCY announced in the Federal Register. [FR Doc. 2010–23538 Filed 9–20–10; 8:45 am] DATES: Thursday, November 18, 2010; 9 [FRL–9204–2] BILLING CODE 6560–50–P a.m.–6 p.m. and Friday, November 19, Notice of Proposed Administrative 2010; 8:30 a.m.–2 p.m. Settlement Pursuant to the ENVIRONMENTAL PROTECTION ADDRESSES: Hotel Palomar, 2121 P Comprehensive Environmental AGENCY Street, NW., Washington, DC 20037. Response, Compensation, and Liability FOR FURTHER INFORMATION CONTACT: John Act [EPA–HQ–OAR–2007–1145; FRL–9204–1] Kogut, Executive Secretary; High Energy Physics Advisory Panel; U.S. AGENCY: Environmental Protection Review of the Secondary National Department of Energy; SC–25/ Agency (EPA). Ambient Air Quality Standards for Germantown Building, 1000 ACTION: Notice; request for public Oxides of Nitrogen and Oxides of Independence Avenue, SW., comment. Sulfur Washington, DC 20585–1290; AGENCY: Environmental Protection Telephone: 301–903–1298. SUMMARY: In accordance with Section 122 (i) of the Comprehensive Agency (EPA). SUPPLEMENTARY INFORMATION: Environmental Response, ACTION: Notice of availability of draft Purpose of Meeting: To provide Compensation, and Liability Act, as report. advice and guidance on a continuing amended (CERCLA), 42 U.S.C. 9622(i), basis to the Department of Energy and notice is hereby given of a proposed SUMMARY: On or about September 13, the National Science Foundation on administrative settlement concerning 2010, the Office of Air Quality Planning scientific priorities within the field of the R&H Oil/Tropicana Superfund Site and Standards (OAQPS) of EPA is high energy physics research. making available a draft report, Policy Tentative Agenda: Agenda will in San Antonio, Bexar County, Texas. The settlement requires the settling Assessment for the Review of the include discussions of the following: party to pay a total of $3,586.20 as Secondary National Ambient Air Thursday, November 18, 2010 payment of response costs to the Quality Standards for Oxides of • Hazardous Substances Superfund. The Nitrogen and Oxides of Sulfur: Second Discussion of Department of Energy External Review Draft. The EPA is High Energy Physics Program. settlement includes a covenant not to • sue pursuant to Sections 106 and 107 of releasing this preliminary draft Discussion of National Science document to seek early consultation Foundation Elementary Particle Physics CERCLA, 42 U.S.C. 9606 and 9607. For thirty (30) days following the date with the Clean Air Scientific Advisory Program. Committee (CASAC) and to solicit • Reports on and Discussions of of publication of this notice, the Agency public comment on the overall Topics of General Interest in High will receive written comments relating structure, framing of key issues and Energy Physics. to this notice and will receive written conclusions regarding options for key • Public Comment (10-minute rule). comments relating to the settlement. Public Participation: The meeting is The Agency will consider all comments elements of the standards. open to the public. If you would like to received and may modify or withdraw DATES: Comments should be submitted file a written statement with the its consent to the settlement if on or before November 12, 2010. Committee, you may do so either before comments received disclose facts or ADDRESSES: Submit your comments, or after the meeting. If you would like considerations which indicate that the identified by Docket ID No. EPA–HQ– to make oral statements regarding any of settlement is inappropriate, improper, OAR–2007–1145, by one of the these items on the agenda, you should or inadequate. The Agency’s response to following methods: contact John Kogut, 301–903–1298 or any comments received will be available • http://www.regulations.gov: Follow [email protected]. You must for public inspection at 1445 Ross the on-line instructions for submitting make your request for an oral statement Avenue, Dallas, Texas 75202–2733. comments. at least 5 business days before the DATES: Comments must be submitted on • E-mail: Comments may be sent by meeting. Reasonable provision will be or before October 21, 2010. electronic mail (e-mail) to a-and-r-

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[email protected], Attention Docket ID will be publicly available only in hard • Provide specific examples to No. EPA–HQ–OAR–2007–1145. copy. Publicly available docket illustrate your concerns, and suggest • Fax: Fax your comments to 202– materials are available either alternatives. 566–9744, Attention Docket ID. No. electronically in http:// • Make sure to submit your EPA–HQ–OAR–2007–1145. www.regulations.gov or in hard copy at comments by the comment period • Mail: Send your comments to: Air the Air Docket in the EPA Docket deadline identified. and Radiation Docket and Information Center, EPA West, Room 3334, 1301 Under section 108(a) of the Clean Air Center, Environmental Protection Constitution Ave., NW., Washington, Act (CAA), the Administrator identifies Agency, Mailcode: 2822T, 1200 DC. This Docket Facility is open from and lists certain pollutants which ‘‘cause Pennsylvania Ave., NW., Washington, 8:30 a.m. to 4:30 p.m. Monday through or contribute to air pollution which may DC 20460, Attention Docket ID No. Friday, excluding legal holidays. The reasonably be anticipated to endanger EPA–HQ–OAR–2007–1145. public health or welfare.’’ The EPA then • Docket telephone number is 202–566– Hand Delivery or Courier: Deliver 1742; fax 202–566–9744. issues air quality criteria for listed your comments to: EPA Docket Center, pollutants, which are commonly FOR FURTHER INFORMATION CONTACT: Dr. 1301 Constitution Ave., NW., Room referred to as ‘‘criteria pollutants.’’ The Bryan Hubbell, Office of Air Quality 3334, Washington, DC. Such deliveries air quality criteria are to ‘‘accurately Planning and Standards (Mail code are only accepted during the Docket’s reflect the latest scientific knowledge C504–02), U.S. Environmental normal hours of operation, and special useful in indicating the kind and extent Protection Agency, Research Triangle arrangements should be made for of all identifiable effects on public deliveries of boxed information. Park, NC 27711; e-mail: health or welfare which may be Instructions: Direct your comments to [email protected]; telephone: 919– expected from the presence of [a] Docket ID No. EPA–HQ–OAR–2007– 541–0621; fax: 919–541–0804. pollutant in the ambient air, in varying 1145. The EPA’s policy is that all General Information quantities.’’ Under section 109 of the comments received will be included in CAA, EPA establishes national ambient A. What should I consider as I prepare the public docket without change and air quality standards (NAAQS) for each my comments for EPA? may be made available online at listed pollutant, with the NAAQS based 1. Submitting CBI. Do not submit this http://www.regulations.gov, including on the air quality criteria. Section 109(d) any personal information provided, information to EPA through http:// of the CAA requires periodic review unless the comment includes www.regulations.gov or e-mail. Clearly and, if appropriate, revision of existing information claimed to be Confidential mark the part or all of the information air quality criteria. The revised air Business Information (CBI) or other that you claim to be CBI. For CBI quality criteria reflect advances in information whose disclosure is information in a disk or CD ROM that scientific knowledge on the effects of restricted by statute. Do not submit you mail to EPA, mark the outside of the the pollutant on public health or information that you consider to be CBI disk or CD ROM as CBI and then welfare. The EPA is also required to or otherwise protected through http:// identify electronically within the disk or periodically review and revise the www.regulations.gov or e-mail. The CD ROM the specific information that is NAAQS, if appropriate, based on the http://www.regulations.gov Web site is claimed as CBI. In addition to one revised criteria. an ‘‘anonymous access’’ system, which complete version of the comment that The EPA is currently conducting a means EPA will not know your identity includes information claimed as CBI, a joint review of the existing secondary or contact information unless you copy of the comment that does not (welfare-based) NAAQS for oxides of provide it in the body of your comment. contain the information claimed as CBI nitrogen (NOX) and oxides of sulfur If you send an e-mail comment directly must be submitted for inclusion in the (SOX). Because NOX, SOX, and their to EPA without going through http:// public docket. Information so marked associated transformation products are www.regulations.gov, your e-mail will not be disclosed except in linked from an atmospheric chemistry address will be automatically captured accordance with procedures set forth in perspective as well as from an and included as part of the comment 40 CFR part 2. environmental effects perspective, and that is placed in the public docket and 2. Tips for Preparing Your Comments. because of the National Research made available on the Internet. If you When submitting comments, remember Council’s 2004 recommendations to submit an electronic comment, EPA to: consider multiple pollutants in forming recommends that you include your • Identify the rulemaking by docket the scientific basis for the NAAQS, EPA name and other contact information in number and other identifying has decided to jointly assess the science, the body of your comment and with any information (subject heading, Federal risks, and policies relevant to protecting disk or CD–ROM you submit. If EPA Register date and page number). the public welfare associated with NOX • cannot read your comment due to Follow directions—The Agency and SOX. This is the first time since technical difficulties and cannot contact may ask you to respond to specific NAAQS were established in 1971 that a you for clarification, EPA may not be questions or organize comments by joint review of these two pollutants has able to consider your comment. referencing a Code of Federal been conducted. Since both the CASAC Electronic files should avoid the use of Regulations (CFR) part or section and EPA have recognized these special characters, any form of number. interactions historically, and the science encryption, and be free of any defects or • Explain why you agree or disagree; related to these interactions has viruses. suggest alternatives and substitute continued to evolve and grow to the Docket: All documents in the docket language for your requested changes. present day, there is a strong basis for are listed in the http:// • Describe any assumptions and considering them together. www.regulations.gov index. Although provide any technical information and/ As part of this review of the current listed in the index, some information is or data that you used. secondary (welfare-based) NAAQS for not publicly available, e.g., CBI or other • If you estimate potential costs or NOX and SOX, EPA’s OAQPS staff are information whose disclosure is burdens, explain how you arrived at preparing a second draft Policy restricted by statute. Certain other your estimate in sufficient detail to Assessment. The objective of this material, such as copyrighted material, allow for it to be reproduced. assessment is to evaluate the policy

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implications of the key scientific of a claim, at which time it would This application is used by insurance information contained in the document submit it to Export Import Bank along brokers to register with Export-Import Integrated Science Assessment for with all other claim documentation. The Bank. The application provides Export- Oxides of Nitrogen and Sulfur- form provides Export Import Bank staff Import Bank staff with the information Ecological Criteria (http:// with the information necessary to make necessary to make a determination of cfpub.epa.gov/ncea/cfm/ a determination of the eligibility of the the eligibility of the broker to receive recordisplay.cfm?deid=201485), claimed export transaction for coverage. commission payments under Export- prepared by EPA’s National Center for DATES: Comments should be received on Import Bank’s credit insurance Environmental Assessment (NCEA) and or before (60 days after publication) to programs. the results from the analyses contained be assured of consideration. DATES: Comments should be received on in the Risk and Exposure Assessment ADDRESSES: Comments maybe submitted or before November 22, 2010 to be for Review of the Secondary National through http://www.Regulations.Gov or assured of consideration. Ambient Air Quality Standards for mailed to Arnold Chow, Export Import Oxides of Nitrogen and Oxides of ADDRESSES: Comments may be Bank of the United States, 811 Vermont submitted through http:// Sulfur(http://www.epa.gov/ttn/naaqs/ Ave., NW., Washington, DC 20571. standards/no2so2sec/cr_rea.html). The www.regulations.gov or mailed to Judith SUPPLEMENTARY INFORMATION: second draft Policy Assessment will be Rivera, Export-Import Bank of the available online at: http://www.epa.gov/ Titles and Form Number: EIB 92–37 United States, 811 Vermont Ave., NW., ttn/naaqs/standards/no2so2sec/ U.S. Beneficiary Certificate and Washington, DC 20571. index.html. This second draft Policy Agreement. SUPPLEMENTARY INFORMATION: Assessment will be reviewed by the OMB Number: 3048–0022. Titles and Form Number: EIB 92–79 Type of Review: Regular. CASAC during a public meeting to be Broker Registration Form. Need and Use: If the need to use this held October 6 and 7, 2010. Information OMB Number: 3048–0024. form arises, the insured holds it in the about this public meeting will be Type of Review: Regular. event of a claim, at which time it would available at http://yosemite.epa.gov/sab/ Need and Use: This application is submit it to Export Import Bank along sabpeople.nsf/WebCommittees/CASAC. used by insurance brokers to register with all other claim documentation. with Export-Import Bank. The Dated: September 13, 2010. Affected Public: This form affects application provides Export-Import Alison Davis, entities involved in the export of U.S. Bank staff with the information Acting Director, Office of Air Quality Planning goods and services. necessary to make a determination of and Standards. Annual Number of Respondents: 10. the eligibility of the broker to receive [FR Doc. 2010–23540 Filed 9–20–10; 8:45 am] Estimated Time per Respondent: 1 commission payments under Export- BILLING CODE 6560–50–P hour. Import Bank’s credit insurance Government Annual Burden Hours: programs. 2.5 hours. Affected Public: This form affects Frequency of Reporting or Use: Once. EXPORT-IMPORT BANK OF THE U.S. entities involved in the export of U.S. [Public Notice 2010–0036] Sharon A. Whitt, goods and services. Agency Clearance Officer. Annual Number of Respondents: 50. Agency Information Collection [FR Doc. 2010–23468 Filed 9–20–10; 8:45 am] Estimated Time per Respondent: 100 Activities: Comment Request BILLING CODE 6690–01–P hours. AGENCY: Export-Import Bank of the U.S. Government Annual Burden Hours: 200 hours. ACTION: Submission for OMB Review EXPORT-IMPORT BANK OF THE U.S. Frequency of Reporting or Use: Once. and Comments Request. [Public Notice 2010–0037] Sharon A. Whitt, Form Title: U.S. Beneficiary Agency Clearance Officer. Certificate and Agreement EIB 92–37. Agency Information Collection [FR Doc. 2010–23469 Filed 9–20–10; 8:45 am] SUMMARY: The Export-Import Bank of Activities: Comment Request the United States (Ex-Im Bank), as a part BILLING CODE 6690–01–P of its continuing effort to reduce AGENCY: Export-Import Bank of the U.S. paperwork and respondent burden, ACTION: Submission for OMB Review and Comments Request. invites the general public and other FEDERAL COMMUNICATIONS Federal Agencies to comment on the Form Title: Broker Registration Form, COMMISSION proposed information collection, as EIB 92–79. required by the Paperwork Reduction Sunshine Act Meeting; Open Act of 1995. Our customers will be able SUMMARY: The Export-Import Bank of Commission Meeting; Thursday, to submit this form on paper or the United States (Ex-Im Bank), as a part September 23, 2010 electronically. of its continuing effort to reduce This form is used when the paperwork and respondent burden, Date: September 16, 2010. beneficiary of the letter of credit, the invites the general public and other The Federal Communications recipient of a funding under a direct Federal Agencies to comment on the Commission will hold an Open Meeting buyer credit loan, or the recipient of proposed information collection, as on the subjects listed below on payment under a reimbursement loan or required by the Paperwork Reduction Thursday, September 23, 2010, which is a payment under a supplier credit is not Act of 1995. Our customers will be able scheduled to commence at 10:30 am in the exporter. If the need to use this form to submit this form on paper or Room TW–C305, at 445 12th Street, arises, the insured holds it in the event electronically. SW., Washington, DC.

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ITEM NO. BUREAU SUBJECT

1 OFFICE OF ENGINEERING AND TECH- TITLE: Unlicensed Operation in the TV Broad- NOLOGY. cast Bands (ET Docket No. 04–186); Addi- tional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band (ET Docket No. 02–380) SUMMARY: The Com- mission will consider a Second Memo- randum Opinion and Order addressing 17 petitions for reconsideration of the rules adopted in this proceeding to make unused spectrum in the TV bands available for unli- censed broadband wireless devices while protecting incumbent services. 2 WIRELINE COMPETITION ...... TITLE: Schools and Libraries Universal Serv- ice Support Mechanism (CC Docket No. 02–6); A National Broadband Plan for our Future (GN Docket No. 09–51) SUMMARY: The Commission will consider a Report and Order that improves connectivity for stu- dents and library patrons, and accelerates the National Broadband Plan’s goal of af- fordable access to 1 gigabit per second broadband at community anchor institutions across the country, by upgrading, modern- izing, and streamlining the E–Rate program. 3 PUBLIC SAFETY & HOMELAND SECURITY TITLE: Wireless E911 Location Accuracy Re- quirements (PS Docket No. 07–114) SUM- MARY: The Commission will consider a Second Report and Order that enables a more effective emergency response system by establishing a timeline and benchmarks for wireless carriers to provide more granu- lar E911 location information at either a county–based or PSAP–based geographic level. 4 PUBLIC SAFETY & HOMELAND SECURITY TITLE: Wireless E911 Location Accuracy Re- quirements (PS Docket No. 07–114); E911 Requirements for IP–Enabled Service (WC Docket No. 05–196) SUMMARY: The Com- mission will consider a Further Notice of Proposed Rulemaking and Notice of Inquiry that seeks to improve E911 location accu- racy and reliability for existing and new voice communication technologies, including Voice over Internet Protocol and, consistent with the National Broadband Plan, to under- stand the ways in which voice communica- tions enabled by broadband and next gen- eration 911 technologies could support en- hanced first response.

The meeting site is fully accessible to of Media Relations, (202) 418–0500; large print/type; digital disk; and audio people using wheelchairs or other TTY 1–888–835–5322. Audio/Video and video tape. Best Copy and Printing, mobility aids. Sign language coverage of the meeting will be Inc. may be reached by e–mail at interpreters, open captioning, and broadcast live with open captioning [email protected]. assistive listening devices will be over the Internet from the FCC Live web provided on site. Other reasonable page at www.fcc.gov/live. Federal Communications Commission. accommodations for people with For a fee this meeting can be viewed Marlene H. Dortch, disabilities are available upon request. live over George Mason University’s Secretary, In your request, include a description of Capitol Connection. The Capitol Office of the Secretary, Office of Managing the accommodation you will need and Connection also will carry the meeting Director. live via the Internet. To purchase these a way we can contact you if we need [FR Doc. 2010–23705 Filed 9–17–10; 4:15 pm] more information. Last minute requests services call (703) 993–3100 or go to will be accepted, but may be impossible www.capitolconnection.gmu.edu. BILLING CODE 6712–01–S to fill. Send an e–mail to: Copies of materials adopted at this [email protected] or call the Consumer & meeting can be purchased from the Governmental Affairs Bureau at 202– FCC’s duplicating contractor, Best Copy 418–0530 (voice), 202–418–0432 (tty). and Printing, Inc. (202) 488–5300; Fax Additional information concerning (202) 488–5563; TTY (202) 488–5562. this meeting may be obtained from These copies are available in paper Audrey Spivack or David Fiske, Office format and alternative media, including

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FEDERAL DEPOSIT INSURANCE • Hand Delivery: Comments may be methodology and assumptions used; (c) CORPORATION hand-delivered to the guard station at ways to enhance the quality, utility, and the rear of the 550 17th Street, Building clarity of the information to be Agency Information Collection (located on F Street), on business days collected; and (d) ways to minimize the Activities: Renewal of Currently between 7 a.m. and 5 p.m. burden of the information collections on Approved Collection (3064–0137); A copy of the comments may also be respondents, including through the use Submission for OMB Review; submitted to the FDIC Desk Officer, of automated collection techniques or Comment Request Office of Information and Regulatory other forms of information technology. Affairs, Office of Management and All comments will become a matter of AGENCY: Federal Deposit Insurance Budget, New Executive Office Building, Corporation (FDIC). public record. Washington, DC 20503. ACTION: Notice of information collection Dated at Washington, DC, this 16th day of FOR FURTHER INFORMATION CONTACT: Gary to be submitted to OMB for review and September, 2010. A. Kuiper at the FDIC address above. approval under the Paperwork Federal Deposit Insurance Corporation. SUPPLEMENTARY INFORMATION: Reduction Act, and Request for The FDIC Robert E. Feldman, Comment. is proposing to renew this collection: Executive Secretary. Title: Interagency Guidance on Asset [FR Doc. 2010–23505 Filed 9–20–10; 8:45 am] SUMMARY: In accordance with Securitization Activities. BILLING CODE 6714–01–P requirements of the Paperwork OMB Number: 3064–0137. Reduction Act of 1995 (44 U.S.C. 3501 Form Number: None. et seq.), the FDIC may not conduct or Frequency of Response: On occasion. Affected Public: Insured state FEDERAL DEPOSIT INSURANCE sponsor, and the respondent is not nonmember banks involved in asset CORPORATION required to respond to, an information securitization activities. collection unless it displays a currently Estimated Number of Responses: 20. Update To Notice of Financial valid Office of Management and Budget Estimated Time per Response: 7.45 Institutions for Which the Federal (OMB) control number. The FDIC, as hours. Deposit Insurance Corporation Has part of its continuing effort to reduce Total Annual Burden: 149 hours. Been Appointed Either Receiver, paperwork and respondent burden, General Description of Collection: The Liquidator, or Manager invites the general public and other collection applies to institutions Federal agencies to take this engaged in asset securitization and AGENCY: Federal Deposit Insurance opportunity to comment on the renewal consists in recordkeeping requirements Corporation. of an existing information collection, as associated with developing or upgrading ACTION: Update Listing of Financial required by the PRA. On July 1, 2010 a written asset securitization policy, Institutions in Liquidation. (75 FR 38095), the FDIC solicited public documenting fair value of retained comment for a 60-day period on renewal interests, and a management SUMMARY: Notice is hereby given that of the following information collection: information system to monitor the Federal Deposit Insurance Interagency Guidance on Asset securitization activities. Bank Corporation (Corporation) has been Securitization Activities. (OMB No. managements use this information as appointed the sole receiver for the 3064–0137). No comments were the basis for the safe and sound following financial institutions effective received. Therefore, the FDIC hereby operation of their asset securitization as of the Date Closed as indicated in the gives notice of its submission of its activities and to ensure that they listing. This list (as updated from time request for renewal to OMB for review. minimize operational risk in these to time in the Federal Register) may be DATES: Comments must be submitted on activities. The FDIC uses the relied upon as ‘‘of record’’ notice that the or before October 21, 2010. information to evaluate the quality of an Corporation has been appointed receiver ADDRESSES: Interested parties are institution’s risk management practices, for purposes of the statement of policy invited to submit written comments. All and to assist institutions without proper published in the July 2, 1992 issue of comments should refer to the name of internal supervision of their asset the Federal Register (57 FR 29491). For the collection. Comments may be securitization activities to implement further information concerning the submitted by any of the following corrective action to conduct these identification of any institutions which methods: activities in a safe and sound manner. have been placed in liquidation, please • http://www.FDIC.gov/regulations/ Request for Comment visit the Corporation Web site at http:// laws/federal/notices.html. • www.fdic.gov/bank/individual/failed/ E-mail: [email protected] Include Comments are invited on: (a) Whether banklist.html or contact the Manager of the name of the collection in the subject these collections of information are Receivership Oversight in the line of the message. necessary for the proper performance of appropriate service center. • Mail: Gary A. Kuiper the FDIC’s functions, including whether (202.898.3877), Counsel, Federal the information has practical utility; (b) Dated: September 13, 2010. Deposit Insurance Corporation, F–1086, the accuracy of the estimate of the Federal Deposit Insurance Corporation. 550 17th Street, NW., Washington, DC burdens of the information collections, Pamela Johnson, 20429. including the validity of the Regulatory Editing Specialist.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10286 ...... Horizon Bank ...... Bradenton ...... FL ...... 9/10/2010

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[FR Doc. 2010–23439 Filed 9–20–10; 8:45 am] agree to submit to reasonable security bank holding company and all of the BILLING CODE P measures. The meeting space is banks and nonbanking companies intended to accommodate public owned by the bank holding company, attendees. However, if the space will not including the companies listed below. FEDERAL FINANCIAL INSTITUTIONS accommodate all requests, the ASC may The applications listed below, as well EXAMINATION COUNCIL refuse attendance on that reasonable as other related filings required by the basis. Board, are available for immediate [Docket No. AS10–3] Dated: September 16, 2010. inspection at the Federal Reserve Bank Appraisal Subcommittee Notice of James R. Park, indicated. The applications also will be Meeting Executive Director. available for inspection at the offices of the Board of Governors. Interested [FR Doc. 2010–23565 Filed 9–20–10; 8:45 am] AGENCY: Appraisal Subcommittee of the persons may express their views in Federal Financial Institutions BILLING CODE P writing on the standards enumerated in Examination Council. the BHC Act (12 U.S.C. 1842(c)). If the ACTION: Notice of meeting. FEDERAL FINANCIAL INSTITUTIONS proposal also involves the acquisition of EXAMINATION COUNCIL a nonbanking company, the review also Description: In accordance with includes whether the acquisition of the Section 1104(b) of Title XI of the [Docket No. AS10–4] nonbanking company complies with the Financial Institutions Reform, Recovery, standards in section 4 of the BHC Act and Enforcement Act of 1989, as Appraisal Subcommittee Notice of (12 U.S.C. 1843). Unless otherwise amended, notice is hereby given that the Meeting noted, nonbanking activities will be Appraisal Subcommittee (ASC) will AGENCY: Appraisal Subcommittee of the conducted throughout the United States. meet in open session for its regular Federal Financial Institutions Additional information on all bank meeting, rescheduled from September 8, Examination Council. holding companies may be obtained 2010: from the National Information Center ACTION: Notice of meeting. Location: FDIC Building, 1776 F website at www.ffiec.gov/nic/. Street, NW., Room 4085, Washington, Description: In accordance with Unless otherwise noted, comments DC 20429. Section 1104(b) of Title XI of the regarding each of these applications Date: September 22, 2010. Financial Institutions Reform, Recovery, must be received at the Reserve Bank Time: 10:30 a.m. and Enforcement Act of 1989, as indicated or the offices of the Board of Status: Open. amended, notice is hereby given that the Governors not later than October 14, Matters To Be Considered Appraisal Subcommittee (ASC) will 2010. meet in closed session: A. Federal Reserve Bank of Boston Summary Agenda Location: FDIC Building, 1776 F (Richard Walker, Community Affairs July 22, 2010 minutes from open Street, NW., Room 4085, Washington, Officer) P.O. Box 55882, Boston, session. DC 20429. Massachusetts 02106-2204: (No substantive discussion of the Date: September 22, 2010. 1. Eastern Bank Corporation, Boston, above items is anticipated. These Time: Immediately following the ASC Massachusetts to acquire 100 percent of matters will be resolved with a single open session beginning at 10:30 a.m. the voting shares of Wainwright Bank vote unless a member of the ASC Status: Closed. and Trust Company, Boston, requests that an item be moved to the Matters to be Considered: Massachusetts. discussion agenda.) July 22, 2010 minutes from closed session. Board of Governors of the Federal Reserve System, September 16, 2010. Discussion Agenda Preliminary discussion of Compliance Reviews. Robert deV. Frierson, Appraisal Foundation 2010 Grant Deputy Secretary of the Board. Reimbursement Requests for May and Staff briefing on operational matters. [FR Doc. 2010–23521 Filed 9–20–10; 8:45 am] June. Dated: September 16, 2010. BILLING CODE 6210–01–S Appraisal Foundation 2009 Grant James R. Park, Reprogramming Request. Executive Director. Proposed Fiscal Year 2011 ASC Budget. [FR Doc. 2010–23568 Filed 9–20–10; 8:45 am] FEDERAL RESERVE SYSTEM How to Attend and Observe an ASC BILLING CODE P Meeting Formations of, Acquisitions by, and Mergers of Bank Holding Companies E-mail your name, organization and contact information to FEDERAL RESERVE SYSTEM The companies listed in this notice [email protected]. Formations of, Acquisitions by, and have applied to the Board for approval, You may also send a written request Mergers of Bank Holding Companies pursuant to the Bank Holding Company via U.S. Mail, fax or commercial carrier Act of 1956 (12 U.S.C. 1841 et seq.) to the Executive Director of the ASC, The companies listed in this notice (BHC Act), Regulation Y (12 CFR Part 1401 H Street, NW., Ste 760, have applied to the Board for approval, 225), and all other applicable statutes Washington, DC 20005. Your request pursuant to the Bank Holding Company and regulations to become a bank must be received no later than 4:30 Act of 1956 (12 U.S.C. 1841 et seq.) holding company and/or to acquire the p.m., ET, on the Monday prior to the (BHC Act), Regulation Y (12 CFR Part assets or the ownership of, control of, or meeting. If that Monday is a Federal 225), and all other applicable statutes the power to vote shares of a bank or holiday, then your request must be and regulations to become a bank bank holding company and all of the received 4:30 p.m., ET on the previous holding company and/or to acquire the banks and nonbanking companies Friday. Attendees must have a valid assets or the ownership of, control of, or owned by the bank holding company, government-issued photo ID and must the power to vote shares of a bank or including the companies listed below.

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The applications listed below, as well PLACE: Marriner S. Eccles Federal announced in this notice finalizes the as other related filings required by the Reserve Board Building, 20th and C draft guidance entitled, ‘‘Guidance on Board, are available for immediate Streets, NW., Washington, DC 20551. Important Considerations for When inspection at the Federal Reserve Bank STATUS: Closed. Participation of Human Subjects in indicated. The applications also will be Research is Discontinued,’’ that was available for inspection at the offices of Matters To Be Considered made available for public comment the Board of Governors. Interested 1. Implications of Dodd-Frank Reform through a notice in the Federal Register persons may express their views in Act for Board Organization and Staffing. on December 1, 2008 (73 FR 72804). writing on the standards enumerated in FOR MORE INFORMATION PLEASE CONTACT: OHRP received comments on the draft the BHC Act (12 U.S.C. 1842(c)). If the Michelle Smith, Director, or Dave guidance document from 30 individuals proposal also involves the acquisition of Skidmore, Assistant to the Board, Office and organizations, and those comments a nonbanking company, the review also of Board Members at 202–452–2955. were considered as the guidance was includes whether the acquisition of the SUPPLEMENTARY INFORMATION: You may finalized. nonbanking company complies with the call 202–452–3206 beginning at DATES: Comments on OHRP guidance standards in section 4 of the BHC Act approximately 5 p.m. two business days documents are welcome at any time. (12 U.S.C. 1843). Unless otherwise before the meeting for a recorded ADDRESSES: Submit written requests for noted, nonbanking activities will be announcement of bank and bank conducted throughout the United States. a single copy of the guidance document holding company applications entitled, ‘‘Guidance on Withdrawal of Additional information on all bank scheduled for the meeting; or you may holding companies may be obtained Subjects From Research: Data Retention contact the Board’s Web site at http:// and Other Related Issues,’’ to the from the National Information Center www.federalreserve.gov for an electronic website at www.ffiec.gov/nic/. Division of Policy and Assurances, announcement that not only lists Office for Human Research Protections, Unless otherwise noted, comments applications, but also indicates 1101 Wootton Parkway, Suite 200, regarding each of these applications procedural and other information about Rockville, MD 20852. Send one self- must be received at the Reserve Bank the meeting. addressed adhesive label to assist that indicated or the offices of the Board of Dated: September 17, 2010. office in processing your request, or fax Governors not later than October 14, Robert deV. Frierson, your request to 301–402–2071. See the 2010. Deputy Secretary of the Board. SUPPLEMENTARY INFORMATION section for A. Federal Reserve Bank of Kansas [FR Doc. 2010–23669 Filed 9–17–10; 4:15 pm] information on electronic access to the City (Dennis Denney, Assistant Vice BILLING CODE 6210–01–P guidance document. President) 1 Memorial Drive, Kansas Submit written comments to City, Missouri 64198–0001: COMMENTS ON SUBJECT 1. GLAASS Financial, LLC; to become DEPARTMENT OF HEALTH AND WITHDRAWAL GUIDANCE, Office for a bank holding company through the HUMAN SERVICES Human Research Protections, 1101 acquisition of 36.4 percent of the voting Wootton Parkway, Suite 200, Rockville, shares of EMSWATER Financial, LLC, Guidance on Withdrawal of Subjects MD 20852. Comments also may be sent both in Exeter, Nebraska. In connection From Research: Data Retention and via e-mail to [email protected] or via with this application, Applicant also Other Related Issues facsimile at 240–402–2071. has applied to acquire EMSWATER FOR FURTHER INFORMATION CONTACT: AGENCY: Office for Human Research Irene Stith-Coleman, PhD, Office for Financial, LLC and First National Protections, Office of the Assistant Human Research Protections, 1101 Insurance Agency, Inc., both of Exeter, Secretary for Health, Office of the Wootton Parkway, Suite 200, Rockville, Nebraska pursuant to section Secretary, Department of Health and MD 20852, 240–453–6900; e-mail 225.28(b)(11)(A) of Regulation Y. Human Services. [email protected]. Board of Governors of the Federal Reserve ACTION: Notice. System, September 16, 2010. SUPPLEMENTARY INFORMATION: Robert deV. Frierson, SUMMARY: The Office for Human I. Background Deputy Secretary of the Board. Research Protections (OHRP), within the [FR Doc. 2010–23522 Filed 9–20–10; 8:45 am] Office of the Assistant Secretary for OHRP, Office of the Assistant Health, is announcing the availability of Secretary for Health, is announcing the BILLING CODE 6210–01–S a guidance document entitled, availability of a guidance document ‘‘Guidance on Withdrawal of Subjects entitled, ‘‘Guidance on Withdrawal of FEDERAL RESERVE SYSTEM From Research: Data Retention and Subjects From Research: Data Retention Other Related Issues.’’ The guidance and Other Related Issues.’’ The guidance Government in the Sunshine Act document provides OHRP’s first formal document provides OHRP’s first formal Meeting Notice guidance on this topic. The document, guidance on this topic. The document is which is available on the OHRP Web intended primarily for IRBs, AGENCY HOLDING THE MEETING: Board of site at http://www.hhs.gov/ohrp/policy/ investigators, and funding agencies that Governors of the Federal Reserve subjectwithdrawal.html or http:// may be responsible for the review or System. www.hhs.gov/ohrp/policy/ oversight of human subject research subjectwithdrawal.pdf, is intended conducted or supported by HHS. TIME AND DATE: 12 p.m., Monday, primarily for institutional review boards The guidance document applies to September 20, 2010. (IRBs), investigators, and funding non-exempt human subjects research The business of the Board requires agencies that may be responsible for the conducted or supported by HHS. The that this meeting be held with less than review or oversight of human subject guidance addresses the following six one week’s advance notice to the public, research conducted or supported by the topics: and no earlier announcement of the Department of Health and Human (1) What does it mean when a subject meeting was practicable. Services (HHS). The guidance document withdraws from a research study?

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(2) May an investigator retain and OHRP believes that guidance on the use DEPARTMENT OF HEALTH AND analyze already collected data about a of biospecimens obtained from subjects HUMAN SERVICES subject who withdraws from the who subsequently withdraw from research or whose participation is research should be addressed in the National Institutes of Health terminated by the investigator? future by a more comprehensive (3) Can investigators honor subjects’ guidance document that addresses more Clinical Center; Proposed Collection; requests to have their data destroyed or broadly research involving Comment Request; Customer and excluded from any analysis? biospecimens. In the meantime, Other Partners Satisfaction Surveys (4) Should the withdrawal of a subject individuals with questions regarding SUMMARY: In compliance with the from a research study be documented? how to handle biospecimens obtained (5) What is the relationship of this requirement of Section 3506(c)(2)(A) of from subjects who subsequently the Paperwork Reduction Act of 1995 guidance to FDA’s guidance on this withdraw from a research study should issue and to the HIPAA Privacy Rule? for the opportunity for public comment contact OHRP by telephone at 240–453– on the proposed data collection projects, (6) When seeking the informed 6900 or 866–447–4777 or by e-mail at consent of subjects, what should the National Institutes of Health Clinical [email protected]. Center (CC) will publish periodic investigators tell subjects about data (2) The final guidance document retention in the event the subjects summaries of proposed projects to be includes more examples of social and submitted to the Office of Management withdraw? behavioral research activities in order to Of particular importance, the and Budget (OMB) for review and emphasize that the guidance applies to guidance document clarifies that when approval. such research, in addition to its a subject chooses to withdraw from (i.e., Proposed Collection: Title: Customer applicability to biomedical research. discontinue his or her participation in) and Other Partners Satisfaction Surveys. (3) The final guidance includes a an ongoing research study, or when an Type of Information Collection Request: recommendation that investigators plan investigator terminates a subject’s Extension request. Need and Use of for the possibility that subjects will participation in such a research study Information Collection: The information withdraw from research and that they without regard to the subject’s consent, collected in these surveys will be used include a discussion of what the investigator may retain and analyze by Clinical Center personnel: (1) To withdrawal will mean and how it will already collected data relating to that evaluate the satisfaction of various be handled in their research protocols subject, even if that data includes Clinical Center customers and other and informed consent documents. identifiable private information about partners with Clinical Center services; Furthermore, the final guidance the subject. (2) to assist with the design of The guidance document announced addresses the question of what modifications of these services, based in this notice finalizes the draft investigators, when seeking the on customer input; (3) to develop new guidance entitled, ‘‘Guidance on informed consent of subjects, should tell services, based on customer need; and Important Considerations for When the subjects about data retention in the (4) to evaluate the satisfaction of various Participation of Human Subjects in event the subjects withdraw. Clinical Center customers and other For HHS-conducted or supported Research is Discontinued,’’ that was partners with implemented service research that is regulated by FDA, FDA’s made available for public comment modifications. These surveys will guidance on this issue also should be through a notice in the Federal Register almost certainly lead to quality consulted. FDA’s guidance entitled, on December 1, 2008 (73 FR 72804). improvement activities that will ‘‘Guidance for Sponsors, Clinical OHRP received comments on the draft enhance and/or streamline the Clinical Investigators, and IRBs: Data Retention guidance document from 30 individuals Center’s operations. The major When Subjects Withdraw from FDA- and organizations, and those comments mechanisms by which the Clinical Regulated Clinical Trials’’ can be found were considered as the guidance was Center will request customer input is at http://www.fda.gov/OHRMS/ finalized. through surveys and focus groups. The In addition to the change in the title, DOCKETS/98fr/FDA–2008–D–0576-gdl. surveys will be tailored specifically to the final guidance document differs pdf. each class of customer and to that class from the draft guidance document that II. Electronic Access of customer’s needs. Surveys will either was made available for public comment be collected as written documents, as Persons with access to the Internet in the following three key ways: faxed documents, mailed electronically may obtain the guidance document on (1) All content regarding or collected by telephone from OHRP’s Web site at http://www.hhs.gov/ biospecimens that was included in the customers. Information gathered from ohrp/policy/subjectwithdrawal.html or draft guidance document has been these surveys of Clinical Center http://www.hhs.gov/ohrp/policy/subject removed from the final guidance customers and other partners will be withdrawal.pdf. document. This change makes the final presented to, and used directly by, guidance document more harmonious III. Comments Clinical Center management to enhance with the Food and Drug Interested persons may submit the services and operations of our Administration’s (FDA’s) corresponding comments regarding this guidance organization. Frequency of Response: guidance entitled, ‘‘Guidance for document to OHRP at any time. Please The participants will respond yearly. Sponsors, Clinical Investigators, and see the ADDRESSES section for Affected public: Individuals and IRBs: Data Retention When Subjects information on where to submit written households; businesses and other for Withdraw from FDA-Regulated Clinical comments. profit, small businesses and Trials,’’ which also focuses on data organizations. Types of respondents: retention when subjects withdraw from Dated: September 15, 2010. These surveys are designed to assess the research and is silent on issues related Jerry Menikoff, satisfaction of the Clinical Center’s to biospecimens. Furthermore, research Director, Office for Human Research major internal and external customers involving the banking and use of Protections. with the services provided. These biospecimens for research purposes is a [FR Doc. 2010–23517 Filed 9–20–10; 8:45 am] customers include, but are not limited complex, evolving area of research. BILLING CODE 4150–36–P to, the following groups of individuals:

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Clinical Center patients, family physicians or organizations who refer businesses, regulators, and other members of Clinical Center patients, patients to the Clinical Center, organizations. The annual reporting visitors to the Clinical Center, NIH volunteers, vendors and collaborating burden is as follows: intramural collaborators, private commercial enterprises, small FY 2010

Number of re- Frequency of Average time Annual hour Customer spondents response per response burden

Clinical Center Patients ...... 5000 1 .5 2500 Family Members of Patients ...... 2000 1 .5 1000 Visitors to the Clinical Center ...... 1000 1 .17 170 NIH Intramural Collaborators ...... 2000 1 .17 340 Vendors and Collaborating Commercial Enterprises ...... 2500 1 .33 833 Professionals and Organizations Referring Patients ...... 2000 1 .33 833 Regulators ...... 30 1 .33 10 Volunteers ...... 275 1 .5 138

Total ...... 14,805 ...... 5,824

FY 2011

Number of re- Frequency of Average time Annual hour Customer spondents response per response burden

Clinical Center Patients ...... 5000 1 .5 2500 Family Members of Patients ...... 3000 1 .5 1500 Visitors to the Clinical Center ...... 1500 1 .17 255 NIH Intramural Collaborators ...... 1500 1 .25 375 Vendors and Collaborating Commercial Enterprises ...... 1000 1 .25 250 Professionals and Organizations Referring Patients ...... 3000 1 .33 1000 Regulators ...... 30 1 .33 10 Volunteers ...... 275 1 .33 92

Total ...... 15,305 ...... 5,982

FY 2012

Number of re- Frequency of Average time Annual hour Customer spondents response per response burden

Clinical Center Patients ...... 5000 1 .5 2500 Family Members of Patients ...... 2000 1 .5 1000 Visitors to the Clinical Center ...... 1000 1 .17 170 NIH Intramural Collaborators ...... 1000 1 .17 170 Vendors and Collaborating Commercial Enterprises ...... 2500 1 .25 625 Professionals and Organizations Referring Patients ...... 3000 1 .33 1000 Regulators ...... 25 1 .25 6 Volunteers ...... 300 1 .25 75

Total ...... 14,825 ...... 5,546

Estimated costs to the respondents (1) Whether the proposed collection of collection techniques or other forms of consists of their time; time is estimated information is necessary for the proper information technology. using a rate of $10.00 per hour for performance of the functions of the FOR FURTHER INFORMATION CONTACT: To patients and the public; $30.00 for Clinical Center and the agency, request more information on the vendors, regulators, organizations and including whether the information shall proposed project, or to obtain a copy of $55.00 for health care professionals. The have practical utility; (2) The accuracy the data collection plans and estimated annual costs to respondents of the agency’s estimate of the burden of instruments, contact: Dr. David K. for each year for which the generic the proposed collection of information, Henderson, Deputy Director for Clinical clearance is requested is $127,885 for including the validity of the Care, National Institutes of Health 2010, $126,895 for 2011, and $120,730 methodology and assumptions used; (3) Clinical Center, Building 10, Room 6– for 2012. Estimated Capital Costs are Ways to enhance the quality, utility, and 1480, 10 Center Drive, Bethesda, $7,000. Estimated Operating and clarity of the information to be Maryland 20892, or call non-toll free: Maintenance costs are $75,000. collected; and (4) Ways to minimize the 301–496–3515, or e-mail your request or Requests for Comments: Written burden of the collection of information comments, including your address to: comments and/or suggestions from the on those who are to respond, including [email protected]. public and affected agencies are invited the use of automated, electronic, Comments Due Date: Comments on one or more of the following points: mechanical, or other technological regarding this information collection are

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best assured of having their full effect if professionals responsible for, or • The essential toxicological, received within 60 days of the date of involved in, the conduct and/or design pharmacological, and manufacturing this publication. of clinical trials (clinical investigators). data to support investigational use in Dated: September 6, 2010. This course is intended to assist clinical humans; investigators in understanding what David K. Henderson, • Fundamental issues in the design preclinical and clinical information is Deputy Director for Clinical Care, CC National and conduct of clinical trials; Institutes of Health. needed to support the investigational use of medical products, as well as the • Statistical and analytic [FR Doc. 2010–23526 Filed 9–20–10; 8:45 am] scientific, regulatory, and ethical considerations in the interpretation of BILLING CODE 4140–01–P considerations involved in the conduct trial data; of clinical trials. • Appropriate safety evaluation DEPARTMENT OF HEALTH AND DATES: The training course will be held during studies; HUMAN SERVICES on November 8 and 9, 2010, from 8 a.m. • The ethical considerations and to 5 p.m. and on November 10, 2010, regulatory requirements for clinical Centers for Disease Control and from 8 a.m. to 3 p.m. trials; and Prevention ADDRESSES: The training course will be • Application and compliance issues. Breast and Cervical Cancer Early held at the National Labor College, 10000 New Hampshire Ave., Silver In addition, the course should: Detection and Control Advisory • Committee (BCCEDCAC): Notice of Spring, MD 20993–0002. Foster a cadre of clinical Charter Renewal FOR FURTHER INFORMATION CONTACT: investigators with knowledge, Nancy Masiello, Office of Critical Path experience, and commitment to This gives notice under the Federal Programs, Food and Drug investigational medicine; Advisory Committee Act (Pub. L. 92– Administration, 10903 New Hampshire • Promote communication between 463) of October 6, 1972, that the Ave., Bldg. 32, rm. 4166, Silver Spring, clinical investigators and FDA; BCCEDCAC, HHS, has been renewed for MD 20993–0002, 301–796–8498, • a 2-year period through September 12, [email protected]. Enhance investigators’ 2012. Registration: Register by November 1, understanding of FDA’s role in For information, contact Ms. Jameka 2010, at the registration/information experimental medicine; and Blackmon, Designated Federal Officer, Web site at https://www.trials • Improve the quality of data while BCCEDCAC, CDC, 1600 Clifton Road, transformation.org/fda-clinical- enhancing subject protection in the NE., M/S K57, Atlanta, Georgia, 30333, investigator-training-course/. performance of clinical trials. telephone (770) 488–4740; fax (770) Registration materials, payment 488–3230. On November 8, 2010, the course will procedures, accommodation address the role of FDA in clinical The Director, Management Analysis information, and a detailed description and Services Office, has been delegated studies, regulatory considerations for of the course can be found at the clinical trials, and review of the material the authority to sign Federal Register registration/information Web site. The generally appearing in an ‘‘investigator’s notices pertaining to announcements of registration fee is $350 per person. The brochure,’’ i.e., the preclinical meetings and other committee fee includes course materials and onsite management activities, for both the CDC lunch. Early registration is information (toxicology, animal studies, and the Agency for Toxic Substances recommended because seating is and chemistry/manufacturing and Disease Registry. limited. There will be no onsite information) that supports initial Dated: September 14, 2010. registration. Persons attending the clinical trials in humans. Presentations Elaine L. Baker, course are advised that FDA is not will also discuss the role of clinical Director, Management Analysis and Services responsible for providing access to pharmacology in early clinical studies Office, Centers for Disease Control and electrical outlets. If you need special and how this information is used in the Prevention. accommodations due to a disability, design of subsequent studies. On [FR Doc. 2010–23588 Filed 9–20–10; 8:45 am] please contact Nancy Masiello at least 7 November 9, 2010, the course will BILLING CODE 4163–18–P days in advance. include discussions of scientific, SUPPLEMENTARY INFORMATION: Clinical statistical, ethical, and regulatory trial investigators play a critical role in aspects of clinical studies. On DEPARTMENT OF HEALTH AND the development of medical products. November 10, 2010, the course will HUMAN SERVICES They bear the responsibility for include discussions of safety assessment in clinical trials, including hepatic and Food and Drug Administration ensuring the safe and ethical treatment of study subjects and for acquiring cardiovascular safety, approaches to [Docket No. FDA–2010–N–0456] adequate and reliable data to support special populations (e.g., pregnant regulatory decisions. This course is women and pediatrics), and breakout Clinical Investigator Training Course intended to assist clinical investigators sessions to discuss how to put together AGENCY: Food and Drug Administration, in understanding what preclinical and an application, including related HHS. clinical information is needed to compliance issues. support the investigational use of ACTION: Notice. Dated: September 16, 2010. medical products, as well as the Leslie Kux, SUMMARY: The Food and Drug scientific, regulatory, and ethical Administration (FDA), Office of Critical considerations involved in the conduct Acting Assistant Commissioner for Policy. Path Programs, in cosponsorship with of clinical trials. [FR Doc. 2010–23493 Filed 9–20–10; 8:45 am] the Clinical Trials Transformation The training course is designed to BILLING CODE 4160–01–S Initiative (CTTI), is announcing a 3-day provide clinical investigators with an training course for health care overview of the following topics:

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DEPARTMENT OF HEALTH AND Bioanalytical and Imaging Technologies Agenda: To review and evaluate personal HUMAN SERVICES Study Section, October 7, 2010, 8:30 qualifications and performance, and a.m. to October 8, 2010, 5 p.m., The competence of individual investigators. National Institutes of Health Westin St Francis Hotel, 400 West Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Broadway, San Diego, CA, 92101 which National Institute on Alcohol Abuse Room 7, Bethesda, MD 20892. was published in the Federal Register Closed: October 22, 2010, 8:30 a.m. to and Alcoholism; Notice of Closed on September 13, 2010, 75 FR 55593– Meeting 12:30 p.m. 55594. Agenda: To review and evaluate personal Pursuant to section 10(d) of the The meeting will be held at The qualifications and performance, and Federal Advisory Committee Act, as Westin St. Francis, 335 Powell Street, competence of individual investigators. amended (5 U.S.C. App), notice is San Francisco, CA 94102. The meeting Place: National Institutes of Health, Building 31, 31 Center Drive, Conference hereby given of the following meeting. dates and time remain the same. The meeting is closed to the public. Room 7, Bethesda, MD 20892. The meeting will be closed to the Contact Person: Andrew J. Griffith, PHD, public in accordance with the Dated: September 14, 2010. MD, Director, Division of Intramural provisions set forth in sections Jennifer S. Spaeth, Research, National Institute on Deafness and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory Other Communication Disorders, 5 Research as amended. The grant applications and Committee Policy. Court, Room 1A13, Rockville, MD 20850, the discussions could disclose 301–496–1960, [email protected]. [FR Doc. 2010–23539 Filed 9–20–10; 8:45 am] confidential trade secrets or commercial Any interested person may file written property such as patentable materials, BILLING CODE 4140–01–P comments with the committee by forwarding and personal information concerning the statement to the Contact Person listed on this notice. The statement should include the individuals associated with the grant DEPARTMENT OF HEALTH AND applications, the disclosure of which name, address, telephone number and when HUMAN SERVICES applicable, the business or professional would constitute a clearly unwarranted affiliation of the interested person. invasion of personal privacy. National Institutes of Health In the interest of security, NIH has Name of Committee: National Institute on instituted stringent procedures for entrance Alcohol Abuse and Alcoholism Special National Institute on Deafness and onto the NIH campus. All visitor vehicles, Emphasis Panel, T32 Institutional Training Other Communication Disorders; including taxicabs, hotel, and airport shuttles Grants. Notice of Meeting will be inspected before being allowed on Date: November 9, 2010. campus. Visitors will be asked to show one Time: 8:30 a.m. to 5 p.m. Pursuant to section 10(d) of the form of identification (for example, a Agenda: To review and evaluate grant Federal Advisory Committee Act, as government-issued photo ID, driver’s license, applications. amended (5 U.S.C. App.), notice is or passport) and to state the purpose of their Place: Hyatt Regency Bethesda, One hereby given of a meeting of the Board visit. Bethesda Metro Center, 7400 Wisconsin of Scientific Counselors, NIDCD. (Catalogue of Federal Domestic Assistance Avenue, Bethesda, MD 20814. The meeting will be open to the Program Nos. 93.173, Biological Research Contact Person: Lorraine Gunzerath, PhD, public as indicated below, with Related to Deafness and Communicative MBA, Scientific Review Officer, National Disorders, National Institutes of Health, HHS) Institute on Alcohol Abuse and Alcoholism, attendance limited to space available. Office of Extramural Activities, Extramural Individuals who plan to attend and Dated: September 15, 2010. Project Review Branch, 5635 Fishers Lane, need special assistance, such as sign Jennifer S. Spaeth, Room 2121, Bethesda, MD 20852, 301–443– language interpretation or other Director, Office of Federal Advisory 2369, [email protected]. reasonable accommodations, should Committee Policy. (Catalogue of Federal Domestic Assistance notify the Contact Person listed below [FR Doc. 2010–23546 Filed 9–20–10; 8:45 am] Program Nos. 93.271, Alcohol Research in advance of the meeting. BILLING CODE 4140–01–P Career Development Awards for Scientists The meeting will be closed to the and Clinicians; 93.272, Alcohol National Research Service Awards for Research public as indicated below in accordance Training; 93.273, Alcohol Research Programs; with the provisions set forth in section DEPARTMENT OF HEALTH AND 93.891, Alcohol Research Center Grants; 552b(c)(6), Title 5 U.S.C., as amended HUMAN SERVICES 93.701, ARRA Related Biomedical Research for the review, discussion, and and Research Support Awards, National evaluation of individual intramural National Institutes of Health Institutes of Health, HHS) programs and projects conducted by the National Cancer Institute; Notice of National Institute on Deafness and Dated: September 14, 2010. Closed Meetings Jennifer Spaeth, Other Communication Disorders, Director, Office of Federal Advisory including consideration of personnel Pursuant to section 10(d) of the Committee Policy. qualifications and performance, and the Federal Advisory Committee Act, as [FR Doc. 2010–23535 Filed 9–20–10; 8:45 am] competence of individual investigators, amended (5 U.S.C. App.), notice is the disclosure of which would BILLING CODE 4140–01–P hereby given of the following meetings. constitute a clearly unwarranted The meetings will be closed to the invasion of personal privacy. public in accordance with the DEPARTMENT OF HEALTH AND Name of Committee: Board of Scientific provisions set forth in sections HUMAN SERVICES Counselors, NIDCD. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: October 21–22, 2010. as amended. The grant applications and National Institutes of Health Open: October 21, 2010, 12:30 p.m. to 1 the discussions could disclose p.m. confidential trade secrets or commercial Center for Scientific Review; Amended Agenda: Reports from institute staff. Notice of Meeting Place: National Institutes of Health, property such as patentable material, Building 31, 31 Center Drive, Conference and personal information concerning Notice is hereby given of a change in Room 7, Bethesda, MD 20892. individuals associated with the grant the meeting of the Enabling Closed: October 21, 2010, 1 p.m. to 6 p.m. applications, the disclosure of which

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would constitute a clearly unwarranted Name of Committee: National Cancer Name of Committee: President’s Cancer invasion of personal privacy. Institute Special Emphasis Panel, Small Panel. Grants Program for Cancer Epidemiology. Date: October 26, 2010. Name of Committee: National Cancer Date: October 28–29, 2010. Time: 8 a.m. to 4 p.m. Institute Special Emphasis Panel, T32 Time: 8:30 a.m. to 5 p.m. Agenda: The Future of Cancer Research: Review. Agenda: To review and evaluate grant Accelerating Scientific Innovation. Date: September 21, 2010. applications. Place: Chemical Heritage Foundation, 315 Time: 5 p.m. to 6 p.m. Place: Legacy Hotel and Meeting Center, Chestnut Street, Philadelphia, PA 19106. Agenda: To review and evaluate grant 1775 Rockville Pike, Rockville, MD 20852. Contact Person: Abby B. Sandler, PhD, applications. Contact Person: Joyce C. Pegues, BS, BA, Executive Secretary, Chief, Institute Review Place: Hilton Alexandria Old Town, 1767 PhD, Scientific Review Officer, Special Office, Office of the Director, 6116 Executive King Street, Alexandria, VA 22314. Review and Logistics Branch, Division of Blvd., Suite 220, MSC 8349, National Cancer Contact Person: Sergei Radaev, PhD, Extramural Activities, National Cancer Institute, NIH, Bethesda, MD 20892–8349, Scientific Review Officer, Resources and Institute, NIH, 6116 Executive Boulevard, (301) 451–9399, [email protected]. Training Review Branch, Division of Room 7149, Bethesda, MD 20892–8329. 301– Any interested person may file written Extramural Activities, National Cancer 594–1286. [email protected]. comments with the committee by forwarding Institute, NIH, 6116 Executive Boulevard, Name of Committee: National Cancer the statement to the Contact Person listed on Room 8113, Bethesda, MD 20892. 301–435– Institute Special Emphasis Panel, Small this notice. The statement should include the 5655. [email protected]. Grants Behavioral Research in Cancer name, address, telephone number and when This notice is being published less than 15 Control. applicable, the business or professional days prior to the meeting due to scheduling Date: November 15–16, 2010. affiliation of the interested person. conflicts. Time: 7 a.m. to 4 p.m. Information is also available on the Name of Committee: National Cancer Agenda: To review and evaluate grant Institute’s/Center’s home page: deainfo.nci. Institute Special Emphasis Panel, Preclinical applications. nih.gov/advisory/pcp/pcp.htm, where an Toxicology Study of Drugs Developed for Place: Legacy Hotel and Meeting Center, agenda and any additional information for Cancer and Other Diseases. 1775 Rockville Pike, Rockville, MD 20852. the meeting will be posted when available. Date: September 23, 2010. Contact Person: Gerald G. Lovinger, PhD, (Catalogue of Federal Domestic Assistance Time: 8 a.m. to 5 p.m. Scientific Review Administrator, Special Program Nos. 93.392, Cancer Construction; Agenda: To review and evaluate contract Review and Logistics Branch, Division of 93.393, Cancer Cause and Prevention proposals. Extramural Activities, National Cancer Research; 93.394, Cancer Detection and Place: Bethesda North Marriott Hotel & Institute, 6116 Executive Blvd., Room 8101, Diagnosis Research; 93.395, Cancer Conference Center, 5701 Marinelli Road, Bethesda, MD 20892–8329. 301/496–7987. Treatment Research; 93.396, Cancer Biology Bethesda, MD 20852. [email protected]. Research; 93.397, Cancer Centers Support; Contact Person: Zhiqiang Zou, MD, PhD, (Catalogue of Federal Domestic Assistance 93.398, Cancer Research Manpower; 93.399, Scientific Review Officer, National Cancer Program Nos. 93.392, Cancer Construction; Cancer Control, National Institutes of Health, Institute, National Institutes of Health, 6116 93.393, Cancer Cause and Prevention HHS) Research; 93.394, Cancer Detection and Executive Blvd., Room 8055A, MSC 8329, Dated: September 15, 2010. Bethesda, MD 20852. [email protected]. Diagnosis Research; 93.395, Cancer Jennifer S. Spaeth, This notice is being published less than 15 Treatment Research; 93.396, Cancer Biology days prior to the meeting due to scheduling Research; 93.397, Cancer Centers Support; Director, Office of Federal Advisory conflicts. 93.398, Cancer Research Manpower; 93.399, Committee Policy. Cancer Control, National Institutes of Health, Name of Committee: National Cancer [FR Doc. 2010–23543 Filed 9–20–10; 8:45 am] HHS) Institute Special Emphasis Panel, BILLING CODE 4140–01–P Therapeutic Strategies for Cancer. Dated: September 15, 2010. Date: October 14–15, 2010. Jennifer S. Spaeth, Time: 8 a.m. to 5 p.m. Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Committee Policy. HUMAN SERVICES applications. [FR Doc. 2010–23545 Filed 9–20–10; 8:45 am] Place: Hilton Washington/Rockville, 1750 Food and Drug Administration Rockville Pike, Rockville, MD 20852. BILLING CODE 4140–01–P Contact Person: Majed M. Hamawy, MBA, [Docket No. FDA–2010–N–0001] PhD, Scientific Review Officer, Research Programs Review Branch, Division of DEPARTMENT OF HEALTH AND Cardiovascular and Renal Drugs Extramural Activities, National Cancer HUMAN SERVICES Advisory Committee; Notice of Meeting Institute, NIH, 6116 Executive Boulevard, Room 8135, Bethesda, MD 20852. 301–594– National Institutes of Health AGENCY: Food and Drug Administration, 5659. [email protected]. HHS. National Cancer Institute; Notice of Name of Committee: National Cancer ACTION: Notice. Meeting Institute Special Emphasis Panel, Cellular & Tissue Biology II P01. This notice announces a forthcoming Date: October 19, 2010. Pursuant to section 10(a) of the meeting of a public advisory committee Time: 1 p.m. to 5 p.m. Federal Advisory Committee Act, as of the Food and Drug Administration Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is (FDA). The meeting will be open to the applications. hereby given of a meeting of the public. Place: National Institutes of Health, 6116 President’s Cancer Panel. Name of Committee: Cardiovascular Executive Boulevard, Room 8018, Rockville, The meeting will be open to the and Renal Drugs Advisory Committee. MD 20852. (Telephone Conference Call.) public, with attendance limited to space General Function of the Committee: Contact Person: Caron A. Lyman, PhD, available. Individuals who plan to To provide advice and Scientific Review Officer, Research Programs Review Branch, Division of Extramural attend and need special assistance, such recommendations to the agency on Activities, National Cancer Institute, 6116 as sign language interpretation or other FDA’s regulatory issues. Executive Blvd, Room 8119, Bethesda, MD reasonable accommodations, should Date and Time: The meeting will be 20892–8328. 301–451–4761. lymanc@mail. notify the Contact Person listed below held on October 18, 2010, from 8 a.m. nih.gov. in advance of the meeting. to 5 p.m.

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Location: The Marriott Inn and person on or before October 11, 2010. provisions set forth in sections Conference Center, University of Oral presentations from the public will 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Maryland University College, 3501 be scheduled between approximately 1 as amended. The grant applications and University Boulevard East, Adelphi, p.m. and 2 p.m. Those desiring to make the discussions could disclose MD. The conference center telephone formal oral presentations should notify confidential trade secrets or commercial number is 301–985–7300. the contact person and submit a brief property such as patentable material, Contact Person: Elaine Ferguson, statement of the general nature of the and personal information concerning Center for Drug Evaluation and evidence or arguments they wish to individuals associated with the grant Research, Food and Drug present, the names and addresses of applications, the disclosure of which Administration, 10903 New Hampshire proposed participants, and an would constitute a clearly unwarranted Ave., WO31–2417, Silver Spring, MD indication of the approximate time invasion of personal privacy. 20993–0002, 301–796–9001, FAX: 301– requested to make their presentation on Name of Committee: Molecular, Cellular 847–8540, email: elaine.ferguson@fda. or before October 3, 2010. Time allotted and Developmental Neuroscience Integrated hhs.gov, or FDA Advisory Committee for each presentation may be limited. If Review Group; Cellular and Molecular Information Line, 1–800–741–8138 the number of registrants requesting to Biology of Neurodegeneration Study Section. (301–443–0572 in the Washington, DC speak is greater than can be reasonably Date: October 14–15, 2010. area), code 3014512533. Please call the accommodated during the scheduled Time: 8:30 a.m. to 5 p.m. Information Line for up-to-date open public hearing session, FDA may Agenda: To review and evaluate grant information on this meeting. A notice in applications. conduct a lottery to determine the Place: Donovan House, 1155 14th Street, the Federal Register about last minute speakers for the scheduled open public modifications that impact a previously NW., Washington, DC 20005. hearing session. The contact person will Contact Person: Laurent Taupenot, PhD, announced advisory committee meeting notify interested persons regarding their Scientific Review Officer, Center for cannot always be published quickly request to speak by October 4, 2010. Scientific Review, National Institutes of enough to provide timely notice. Persons attending FDA’s advisory Health, 6701 Rockledge Drive, Room 4183, Therefore, you should always check the committee meetings are advised that the MSC 7850, Bethesda, MD 20892, 301–435– agency’s Web site and call the agency is not responsible for providing 1203, [email protected]. appropriate advisory committee hot access to electrical outlets. Name of Committee: Center for Scientific line/phone line to learn about possible FDA welcomes the attendance of the Review Special Emphasis Panel; Member modifications before coming to the public at its advisory committee Conflict: Biobehavioral Regulation and meeting. meetings and will make every effort to Learning. Date: October 15, 2010. Agenda: On October 18, 2010, the accommodate persons with physical committee will consider the results and Time: 2:30 p.m. to 4 p.m. disabilities or special needs. If you Agenda: To review and evaluate grant analyses of the TREAT (Trial to Reduce require special accommodations due to applications. Cardiovascular Events with Aranesp a disability, please contact Elaine Place: National Institutes of Health, 6701 Therapy) study of ARANESP Ferguson at least 7 days in advance of Rockledge Drive, Bethesda, MD 20892. (darbepoetin alfa), manufactured by the meeting. (Telephone Conference Call). Amgen, Inc. This meeting is a follow-up FDA is committed to the orderly Contact Person: Biao Tian, PhD, Scientific to the September 2007 advisory conduct of its advisory committee Review Officer, Center for Scientific Review, committee meeting at which the National Institutes of Health, 6701 Rockledge meetings. Please visit our Web site at Drive, Room 3089B, MSC 7848, Bethesda, committee discussed updated http://www.fda.gov/Advisory information on the risks and benefits of MD 20892, (301) 402–4411, [email protected]. Committees/AboutAdvisoryCommittees/ gov. erythropoeisis-stimulating agents (drugs ucm111462.htm for procedures on that stimulate production of red blood Name of Committee: Healthcare Delivery public conduct during advisory and Methodologies Integrated Review Group; cells), marketed under the brand names committee meetings. Nursing and Related Clinical Sciences Study ARANESP, EPOGEN, and PROCRIT, Notice of this meeting is given under Section. manufactured by Amgen, Inc., when the Federal Advisory Committee Act (5 Date: October 19–20, 2010. used in the treatment of anemia (low red U.S.C. app. 2). Time: 8 a.m. to 4 p.m. blood cell counts) due to chronic kidney Agenda: To review and evaluate grant failure. Dated: September 15, 2010. applications. FDA intends to make background Jill Hartzler Warner, Place: InterContinental Mark Hopkins material available to the public no later Acting Associate Commissioner for Special Hotel, 999 California Street, San Francisco, than 2 business days before the meeting. Medical Programs. CA 94108. Contact Person: Katherine Bent, PhD, If FDA is unable to post the background [FR Doc. 2010–23514 Filed 9–20–10; 8:45 am] Scientific Review Officer, Center for material on its Web site prior to the BILLING CODE 4160–01–S Scientific Review, National Institutes of meeting, the background material will Health, 6701 Rockledge Drive, Room 3160, be made publicly available at the MSC 7770, Bethesda, MD 20892, 301–435– location of the advisory committee DEPARTMENT OF HEALTH AND 0695, [email protected]. meeting, and the background material HUMAN SERVICES Name of Committee: Center for Scientific will be posted on FDA’s Web site after Review Special Emphasis Panel; the meeting. Background material is National Institutes of Health Collaborative: Behavioral Genetics and available at http://www.fda.gov/ Epidemiology Linked Applications. Center for Scientific Review; Notice of Date: October 20–21, 2010. AdvisoryCommittees/Calendar/default. Closed Meetings htm. Scroll down to the appropriate Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant advisory committee link. Pursuant to section 10(d) of the applications. Procedure: Interested persons may Federal Advisory Committee Act, as Place: Melrose Hotel, 2430 Pennsylvania present data, information, or views, amended (5 U.S.C. App.), notice is Avenue, NW., Washington, DC 20037. orally or in writing, on issues pending hereby given of the following meetings. Contact Person: Suzanne Ryan, PhD, before the committee. Written The meetings will be closed to the Scientific Review Officer, Center for submissions may be made to the contact public in accordance with the Scientific Review, National Institutes of

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Health, 6701 Rockledge Drive, Room 3139, Place: National Institutes of Health, 6701 as amended. The grant applications and MSC 7770, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892. the discussions could disclose 1712, [email protected]. (Telephone Conference Call). confidential trade secrets or commercial Name of Committee: Center for Scientific Contact Person: Cheryl M. Corsaro, PhD, Scientific Review Officer, Center for property such as patentable material, Review Special Emphasis Panel; Retinopathy and personal information concerning Studies. Scientific Review, National Institutes of Date: October 26, 2010. Health, 6701 Rockledge Drive, Room 2204, individuals associated with the grant Time: 8 a.m. to 5:30 p.m. MSC 7890, Bethesda, MD 20892, (301) 435– applications, the disclosure of which Agenda: To review and evaluate grant 1045, [email protected]. would constitute a clearly unwarranted applications. Name of Committee: Center for Scientific invasion of personal privacy. Place: Embassy Suites at the Chevy Chase Review Special Emphasis Panel; Member Name of Committee: National Institute of Pavilion, 4300 Military Road, NW., Conflict: Population Sciences and Mental Health Special Emphasis Panel, Washington, DC 20015. Epidemiology. National Research Service Award Contact Person: Raya Mandler, PhD, Date: October 27–28, 2010. Institutional Research Training Grants (NRSA Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. T32). Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: October 20, 2010. Health, 6701 Rockledge Drive, Room 5217, applications. Time: 8:30 a.m. to 5 p.m. MSC 7840, Bethesda, MD 20892, 301–402– Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant 8228, [email protected]. Rockledge Drive, Bethesda, MD 20892. applications. Name of Committee: Center for Scientific (Virtual Meeting). Place: St. Gregory Hotel, 2033 M Street, Review Special Emphasis Panel; Member Contact Person: Fungai Chanetsa, MPH, NW., Washington, DC 20036. Conflict: Cell Biology. PhD, Scientific Review Officer, Center for Contact Person: Rebecca C Steiner, PhD, Date: October 26–27, 2010. Scientific Review, National Institutes of Scientific Review Officer, Division of Time: 8 a.m. to 6 p.m. Health, 6701 Rockledge Drive, Room 3135, Extramural Activities, National Institute of Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, 301–408– Mental Health, NIH, Neuroscience Center, applications, 9436, [email protected]. 6001 Executive Blvd, Room 6149, MSC 9608, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Bethesda, MD 20892–9608, 301–443–4525, Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel; Fellowship: [email protected]. (Virtual Meeting). Oncological Sciences. (Catalogue of Federal Domestic Assistance Contact Person: Noni Byrnes, PhD, Date: October 27–28, 2010. Program Nos. 93.242, Mental Health Research Scientific Review Officer, Center for Time: 8 a.m. to 4 p.m. Grants; 93.281, Scientist Development Scientific Review, National Institutes of Agenda: To review and evaluate grant Award, Scientist Development Award for Health, 6701 Rockledge Drive, Room 5130, applications. Clinicians, and Research Scientist Award; MSC 7840, Bethesda, MD 20892, (301) 435– Place: DoubleTree Hotel Washington, 1515 1023, [email protected]. 93.282, Mental Health National Research Rhode Island Avenue, NW., Washington, DC Service Awards for Research Training, Name of Committee: Center for Scientific 20005. National Institutes of Health, HHS) Review Special Emphasis Panel; Member Contact Person: Michael A. Marino, PhD, Conflicts: Lung Injury and Fibrosis. Scientific Review Officer, Center for Dated: September 14, 2010. Date: October 26–27, 2010. Scientific Review, National Institutes of Jennifer S. Spaeth, Time: 9 a.m. to 6 p.m. Health, 6701 Rockledge Drive, Room 6152, Director, Office of Federal Advisory Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, (301) 435– Committee Policy. applications. 0601, [email protected]. [FR Doc. 2010–23537 Filed 9–20–10; 8:45 am] Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Rockledge Drive, Bethesda, MD 20892. BILLING CODE 4140–01–P (Virtual Meeting). Assistance Program Nos. 93.306, Contact Person: George M Barnas, PhD, Comparative Medicine; 93.333, Clinical Scientific Review Officer, Center for Research, 93.306, 93.333, 93.337, DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of 93.393–93.396, 93.837–93.844, 93.846– HUMAN SERVICES Health, 6701 Rockledge Drive, Room 4220, 93.878, 93.892, 93.893, National MSC 7818, Bethesda, MD 20892, 301–435– Institutes of Health, HHS) National Institutes of Health 0696, [email protected]. Dated: September 15, 2010. Name of Committee: Center for Scientific National Institute on Deafness and Review Special Emphasis Panel; Member Jennifer S. Spaeth, Other Communication Disorders; Conflict: BMIT/CMIP/MEDI Imaging Director, Office of Federal Advisory Notice of Closed Meeting Applications. Committee Policy. Date: October 26, 2010. [FR Doc. 2010–23541 Filed 9–20–10; 8:45 am] Pursuant to section 10(d) of the Time: 10 a.m. to 2 p.m. BILLING CODE 4140–01–P Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is applications. hereby given of the following meeting. Place: Holiday Inn San Francisco DEPARTMENT OF HEALTH AND The meeting will be closed to the Fisherman’s Wharf, 1300 Columbus Avenue, public in accordance with the San Francisco, CA 94133. HUMAN SERVICES Contact Person: Weihua Luo, MD, PhD, provisions set forth in sections Scientific Review Officer, Center for National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of as amended. The grant applications and Health, 6701 Rockledge Drive, Room 5114, National Institute of Mental Health; the discussions could disclose MSC 7854, Bethesda, MD 20892, (301) 435– Notice of Closed Meeting confidential trade secrets or commercial 1170, [email protected]. Pursuant to section 10(d) of the property such as patentable material, Name of Committee: Genes, Genomes, and Federal Advisory Committee Act, as and personal information concerning Genetics Integrated Review Group; Ethical, amended (5 U.S.C. App.), notice is individuals associated with the grant Legal, and Social Implications of Human hereby given of the following meeting. applications, the disclosure of which Genetics Study Section. would constitute a clearly unwarranted Date: October 26, 2010. The meeting will be closed to the Time: 2 p.m. to 5 p.m. public in accordance with the invasion of personal privacy. Agenda: To review and evaluate grant provisions set forth in sections Name of Committee: National Institute on applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Deafness and Other Communication

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Disorders Special Emphasis Panel, Clinical ADDRESSES: Both directories can be Corporation, as a commercial gauger Trials. accessed electronically at the following and laboratory. Date: October 14, 2010. HHS Web site: http:// Time: 11 a.m. to 12 p.m. www.pso.AHRQ.gov/index.html. Summary: Notice is hereby given that, Agenda: To review and evaluate grant pursuant to 19 CFR 151.12 and 19 CFR FOR FURTHER INFORMATION CONTACT: applications. 151.13, Inspectorate America Place: National Institutes of Health, 6120 Diane Cousins, RPh., Center for Quality Corporation, 3904 Corporex Park Drive Executive Blvd., Rockville, MD 20852 Improvement and Patient Safety, AHRQ, Suite 145, Tampa, FL 33619, has been (Telephone Conference Call). 540 Gaither Road, Rockville, MD 20850; approved to gauge and accredited to test Contact Person: Christine A. Livingston, Telephone (toll free): (866) 403–3697; PhD, Scientific Review Officer, Division of petroleum and petroleum products for Telephone (local): (301) 427–1111; TTY Extramural Activities, National Institutes of customs purposes, in accordance with (toll free): (866) 438–7231; TTY (local): Health/NIDCD, 6120 Executive Blvd.—MSC the provisions of 19 CFR 151.12 and 19 (301) 427–1130; E-mail: 7180, Bethesda, MD 20892, (301) 496–8683, CFR 151.13. Anyone wishing to employ [email protected]. [email protected]. this entity to conduct laboratory (Catalogue of Federal Domestic Assistance SUPPLEMENTARY INFORMATION: analyses and gauger services should Program Nos. 93.173, Biological Research Related to Deafness and Communicative Background request and receive written assurances Disorders, National Institutes of Health, HHS) from the entity that it is accredited or The Patient Safety Act authorizes the approved by the U.S. Customs and Dated: September 15, 2010. listing of PSOs, which are entities or Border Protection to conduct the Jennifer S. Spaeth, component organizations whose specific test or gauger service requested. Director, Office of Federal Advisory mission and primary activity is to Alternatively, inquiries regarding the Committee Policy. conduct activities to improve patient specific test or gauger service this entity [FR Doc. 2010–23524 Filed 9–20–10; 8:45 am] safety and the quality of health care is accredited or approved to perform BILLING CODE 4140–01–P delivery. may be directed to the U.S. Customs and HHS issued the Patient Safety Rule to Border Protection by calling (202) 344– implement the Patient Safety Act. 1060. The inquiry may also be sent to DEPARTMENT OF HEALTH AND AHRQ administers the provisions of the [email protected]. Please reference the HUMAN SERVICES Patient Safety Act and Patient Safety Web site listed below for a complete Rule (PDF file, 450 KB. PDF Help) Agency for Healthcare Research and listing of CBP approved gaugers and relating to the listing and operation of Quality accredited laboratories. http://cbp.gov/ PSOs. Section 3.108(d) of the Patient xp/cgov/import/operations_support/ Patient Safety Organizations: Safety Rule requires AHRQ to provide labs_scientific_svcs/ Voluntary Delisting public notice when it removes a PSO commercial_gaugers/. from listing. AHRQ has accepted a DATES: The accreditation and approval AGENCY: Agency for Healthcare Research notification from the Creighton Center of Inspectorate America Corporation, as and Quality (AHRQ), HHS. for Health Services Research and Patient commercial gauger and laboratory ACTION: Notice of Delisting. Safety (CHRP) Patient Safety became effective on June 30, 2010. The Organization (PSO), PSO number P0049, SUMMARY: AHRQ has accepted a next triennial inspection date will be to voluntarily relinquish its status as a scheduled for June 2013. notification of voluntary relinquishment PSO. Accordingly, the Creighton Center FOR FURTHER INFORMATION CONTACT: from the Creighton Center for Health for Health Services Research PSO was Anthony Malana, Laboratories and Services Research and Patient Safety delisted effective at 12 Midnight ET Scientific Services, U.S. Customs and (CHRP) Patient Safety Organization (2400) on July 6, 2010. Border Protection, 1300 Pennsylvania (PSO). The Patient Safety and Quality More information on PSOs can be Avenue, NW., Suite 1500N, Improvement Act of 2005 (Patient Safety obtained through AHRQ’s PSO Web site Washington, DC 20229, 202–344–1060. Act), Public Law 109–41, 42 U.S.C. at http:/www.pso.AHRQ.qov/ 299b–21–b–26, provides for the index.html. Dated: September 13, 2010. formation of PSOs, which collect, Ira S. Reese, Dated: September 7, 2010. aggregate, and analyze confidential Executive Director, Laboratories and Carolyn M. Clancy, information regarding the quality and Scientific Services. Director. safety of health care delivery. The [FR Doc. 2010–23476 Filed 9–20–10; 8:45 am] Patient Safety and Quality Improvement [FR Doc. 2010–23445 Filed 9–20–10; 8:45 am] BILLING CODE 9111–14–P Final Rule (Patient Safety Rule), 42 CFR BILLING CODE 4160–90–M part 3, authorizes AHRQ, on behalf of the Secretary of HHS, to list as a PSO DEPARTMENT OF HOMELAND an entity that attests that it meets the SECURITY statutory and regulatory requirements DEPARTMENT OF HOMELAND for listing. A PSO can be ‘‘delisted’’ by SECURITY U.S. Customs and Border Protection the Secretary if it is found to no longer U.S. Customs and Border Protection meet the requirements of the Patient Accreditation and Approval of Camin Safety Act and Patient Safety Rule, Accreditation and Approval of Cargo Control, Inc., as a Commercial including when a PSO chooses to Inspectorate America Corporation, as a Gauger and Laboratory voluntarily relinquish its status as a Commercial Gauger and Laboratory AGENCY: U.S. Customs and Border PSO for any reason. Protection, Department of Homeland AGENCY: U.S. Customs and Border DATES: The directories for both listed Security. and delisted PSOs are ongoing and Protection, Department of Homeland ACTION: Notice of accreditation and reviewed weekly by AHRQ. The Security. approval of Camin Cargo Control, Inc., delisting was effective at 12 Midnight ACTION: Notice of accreditation and as a commercial gauger and laboratory. ET (2400) on July 6, 2010. approval of Inspectorate America

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SUMMARY: Notice is hereby given that, MacDill Ave., Tampa, FL 33611, has petroleum products for customs pursuant to 19 CFR 151.12 and 19 CFR been approved to gauge and accredited purposes, in accordance with the 151.13, Camin Cargo Control, Inc., 1800 to test petroleum and petroleum provisions of 19 CFR 151.12 and 19 CFR Dabney Drive, Pasadena, TX 77536, has products for customs purposes, in 151.13. Anyone wishing to employ this been approved to gauge and accredited accordance with the provisions of 19 entity to conduct laboratory analyses to test petroleum and petroleum CFR 151.12 and 19 CFR 151.13. Anyone and gauger services should request and products for customs purposes, in wishing to employ this entity to conduct receive written assurances from the accordance with the provisions of 19 laboratory analyses and gauger services entity that it is accredited or approved CFR 151.12 and 19 CFR 151.13. Anyone should request and receive written by the U.S. Customs and Border wishing to employ this entity to conduct assurances from the entity that it is Protection to conduct the specific test or laboratory analyses and gauger services accredited or approved by the U.S. gauger service requested. Alternatively, should request and receive written Customs and Border Protection to inquires regarding the specific test or assurances from the entity that it is conduct the specific test or gauger gauger service this entity is accredited accredited or approved by the U.S. service requested. Alternatively, or approved to perform may be directed Customs and Border Protection to inquires regarding the specific test or to the U.S. Customs and Border conduct the specific test or gauger gauger service this entity is accredited Protection by calling (202) 344–1060. service requested. Alternatively, or approved to perform may be directed The inquiry may also be sent to inquires regarding the specific test or to the U.S. Customs and Border [email protected]. Please reference the gauger service this entity is accredited Protection by calling (202) 344–1060. Web site listed below for a complete or approved to perform may be directed The inquiry may also be sent to listing of CBP approved gaugers and to the U.S. Customs and Border [email protected]. Please reference the accredited laboratories. Protection by calling (202) 344–1060. Web site listed below for a complete http://cbp.gov/xp/cgov/import/ The inquiry may also be sent to listing of CBP approved gaugers and operations_support/labs_scientific_svcs/ [email protected]. Please reference the accredited laboratories. commercial_gaugers/. Web site listed below for a complete http://cbp.gov/xp/cgov/import/ DATES: The accreditation and approval listing of CBP approved gaugers and operations_support/labs_scientific_svcs/ of NMC Global Corporation, as accredited laboratories. http://cbp.gov/ commercial_gaugers/. commercial gauger and laboratory xp/cgov/import/operations_support/ DATES: The accreditation and approval became effective on July 25, 2007. The labs_scientific_svcs/commercial_ of King Laboratories, Inc., as next triennial inspection date will be gaugers/. commercial gauger and laboratory scheduled for July 2010. DATES: The accreditation and approval became effective on July 1, 2010. The FOR FURTHER INFORMATION CONTACT: of Camin Cargo Control, Inc., as next triennial inspection date will be Anthony Malana, Laboratories and commercial gauger and laboratory scheduled for July 2013. Scientific Services, U.S. Customs and became effective on June 29, 2010. The FOR FURTHER INFORMATION CONTACT: Border Protection, 1300 Pennsylvania next triennial inspection date will be Anthony Malana, Laboratories and Avenue, NW., Suite 1500N, scheduled for June 2013. Scientific Services, U.S. Customs and Washington, DC 20229, 202–344–1060. FOR FURTHER INFORMATION CONTACT: Border Protection, 1300 Pennsylvania Dated: September 13, 2010. Anthony Malana, Laboratories and Avenue, NW., Suite 1500N, Ira S. Reese, Scientific Services, U.S. Customs and Washington, DC 20229, 202–344–1060. Executive Director, Laboratories and Border Protection, 1300 Pennsylvania Dated: September 13, 2010. Scientific Services. Avenue, NW., Suite 1500N, Ira S. Reese, [FR Doc. 2010–23484 Filed 9–20–10; 8:45 am] Washington, DC 20229, 202–344–1060. Executive Director, Laboratories and BILLING CODE 9111–14–P Dated: September 13, 2010. Scientific Services. Ira S. Reese, [FR Doc. 2010–23483 Filed 9–20–10; 8:45 am] Executive Director, Laboratories and BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND Scientific Services. SECURITY [FR Doc. 2010–23481 Filed 9–20–10; 8:45 am] U.S. Customs and Border Protection BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Accreditation and Approval of Chem DEPARTMENT OF HOMELAND U.S. Customs and Border Protection Coast, Inc., as a Commercial Gauger SECURITY and Laboratory Accreditation and Approval of NMC AGENCY: U.S. Customs and Border U.S. Customs and Border Protection Global Corporation, as a Commercial Gauger and Laboratory Protection, Department of Homeland Accreditation and Approval of King Security. AGENCY: Laboratories, Inc., as a Commercial U.S. Customs and Border ACTION: Notice of accreditation and Gauger and Laboratory Protection, Department of Homeland approval of Chem Coast, Inc., as a Security. commercial gauger and laboratory. AGENCY: U.S. Customs and Border ACTION: Notice of accreditation and Protection, Department of Homeland approval of NMC Global Corporation, as SUMMARY: Notice is hereby given that, Security. a commercial gauger and laboratory. pursuant to 19 CFR 151.12 and 19 CFR ACTION: Notice of accreditation and 151.13, Chem Coast, Inc., 11820 North approval of King Laboratories, Inc., as a SUMMARY: Notice is hereby given that, H Street, Laporte, TX 77571, has been commercial gauger and laboratory. pursuant to 19 CFR 151.12 and 19 CFR approved to gauge and accredited to test 151.13, NMC Global Corporation, 650 petroleum and petroleum products for SUMMARY: Notice is hereby given that, Groves Road Suite 111, Thorofare, NJ customs purposes, in accordance with pursuant to 19 CFR 151.12 and 19 CFR 08086, has been approved to gauge and the provisions of 19 CFR 151.12 and 19 151.13, King Laboratories, Inc., 5009 S. accredited to test petroleum and CFR 151.13. Anyone wishing to employ

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this entity to conduct laboratory entity that it is accredited or approved Protection to conduct the specific test or analyses and gauger services should by the U.S. Customs and Border gauger service requested. Alternatively, request and receive written assurances Protection to conduct the specific test or inquires regarding the specific test or from the entity that it is accredited or gauger service requested. Alternatively, gauger service this entity is accredited approved by the U.S. Customs and inquires regarding the specific test or or approved to perform may be directed Border Protection to conduct the gauger service this entity is accredited to the U.S. Customs and Border specific test or gauger service requested. or approved to perform may be directed Protection by calling (202) 344–1060. Alternatively, inquires regarding the to the U.S. Customs and Border The inquiry may also be sent to specific test or gauger service this entity Protection by calling (202) 344–1060. [email protected]. Please reference the is accredited or approved to perform The inquiry may also be sent to website listed below for a complete may be directed to the U.S. Customs and [email protected]. Please reference the listing of CBP approved gaugers and Border Protection by calling (202) 344– Web site listed below for a complete accredited laboratories. http://cbp.gov/ 1060. The inquiry may also be sent to listing of CBP approved gaugers and xp/cgov/import/operations_support/ [email protected]. Please reference the accredited laboratories. http://cbp.gov/ labs_scientific_svcs/commercial_ Web site listed below for a complete xp/cgov/import/operations_support/ gaugers/. _ _ _ listing of CBP approved gaugers and labs scientific svcs/commercial DATES: The accreditation and approval accredited laboratories. gaugers/. of Inspectorate America Corporation, as http://cbp.gov/xp/cgov/import/ DATES: The accreditation and approval commercial gauger and laboratory operations_support/labs_scientific_svcs/ of Camin Cargo Control, Inc., as _ became effective on May 7, 2010. The commercial gaugers/. commercial gauger and laboratory next triennial inspection date will be DATES: The accreditation and approval became effective on June 15, 2010. The scheduled for May 2013. of Chem Coast, Inc., as commercial next triennial inspection date will be FOR FURTHER INFORMATION CONTACT: gauger and laboratory became effective scheduled for June 2013. Anthony Malana, Laboratories and on June 2, 2010. The next triennial FOR FURTHER INFORMATION CONTACT: Scientific Services, U.S. Customs and inspection date will be scheduled for Anthony Malana, Laboratories and Border Protection, 1300 Pennsylvania June 2013. Scientific Services, U.S. Customs and Avenue, NW., Suite 1500N, FOR FURTHER INFORMATION CONTACT: Border Protection, 1300 Pennsylvania Washington, DC 20229, 202–344–1060. Anthony Malana, Laboratories and Avenue, NW., Suite 1500N, Dated: September 13, 2010. Scientific Services, U.S. Customs and Washington, DC 20229, 202–344–1060. Ira S. Reese, Border Protection, 1300 Pennsylvania Dated: September 13, 2010. Avenue, NW., Suite 1500N, Executive Director, Laboratories and Ira S. Reese, Scientific Services. Washington, DC 20229, 202–344–1060. Executive Director, Laboratories and [FR Doc. 2010–23475 Filed 9–20–10; 8:45 am] Dated: September 13, 2010. Scientific Services. BILLING CODE 9111–14–P Ira S. Reese, [FR Doc. 2010–23480 Filed 9–20–10; 8:45 am] Executive Director, Laboratories and BILLING CODE 9111–14–P Scientific Services. DEPARTMENT OF HOMELAND [FR Doc. 2010–23482 Filed 9–20–10; 8:45 am] SECURITY BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection

DEPARTMENT OF HOMELAND U.S. Customs and Border Protection Accreditation and Approval of SECURITY Inspectorate America Corporation, as a Accreditation and Approval of Commercial Gauger and Laboratory U.S. Customs and Border Protection Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY: U.S. Customs and Border Accreditation and Approval of Camin Protection, Department of Homeland AGENCY: Cargo Control, Inc., as a Commercial U.S. Customs and Border Security. Gauger and Laboratory Protection, Department of Homeland ACTION: Notice of accreditation and Security. approval of Inspectorate America AGENCY: U.S. Customs and Border ACTION: Notice of accreditation and Corporation, as a commercial gauger Protection, Department of Homeland approval of Inspectorate America and laboratory. Security. Corporation, as a commercial gauger ACTION: Notice of accreditation and and laboratory. SUMMARY: Notice is hereby given that, approval of Camin Cargo Control, Inc., pursuant to 19 CFR 151.12 and 19 CFR as a commercial gauger and laboratory. SUMMARY: Notice is hereby given that, 151.13, Inspectorate America pursuant to 19 CFR 151.12 and 19 CFR Corporation, 5237 Halls Mill Road— SUMMARY: Notice is hereby given that, 151.13, Inspectorate America Building F, Mobile, AL 36619, has been pursuant to 19 CFR 151.12 and 19 CFR Corporation, 37 Panagrossi Circle, East approved to gauge and accredited to test 151.13, Camin Cargo Control, Inc., 2844 Haven, CT 06512, has been approved to petroleum and petroleum products for Sharon Street Suite B, Kenner, LA gauge and accredited to test petroleum customs purposes, in accordance with 70062, has been approved to gauge and and petroleum products for customs the provisions of 19 CFR 151.12 and 19 accredited to test petroleum and purposes, in accordance with the CFR 151.13. Anyone wishing to employ petroleum products for customs provisions of 19 CFR 151.12 and 19 CFR this entity to conduct laboratory purposes, in accordance with the 151.13. Anyone wishing to employ this analyses and gauger services should provisions of 19 CFR 151.12 and 19 CFR entity to conduct laboratory analyses request and receive written assurances 151.13. Anyone wishing to employ this and gauger services should request and from the entity that it is accredited or entity to conduct laboratory analyses receive written assurances from the approved by the U.S. Customs and and gauger services should request and entity that it is accredited or approved Border Protection to conduct the receive written assurances from the by the U.S. Customs and Border specific test or gauger service requested.

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Alternatively, inquires regarding the FOR FURTHER INFORMATION CONTACT: Estimated Number of Annual specific test or gauger service this entity Requests for additional information Responses per Respondent: 1,208. is accredited or approved to perform should be directed to Tracey Denning, Estimated Number of Total Annual may be directed to the U.S. Customs and U.S. Customs and Border Protection, Responses: 46,500,000. Border Protection by calling (202) 344– Regulations and Rulings, Office of Estimated time per Response: 1 1060. The inquiry may also be sent to International Trade, 799 9th Street, minute. [email protected]. Please reference the NW., 7th Floor, Washington, DC 20229– Estimated Total Annual Burden Web site listed below for a complete 1177, at 202–325–0265. Hours: 744,000. listing of CBP approved gaugers and SUPPLEMENTARY INFORMATION: CBP Dated: September 16, 2010. accredited laboratories. invites the general public and other Tracey Denning, http://cbp.gov/xp/cgov/import/ Federal agencies to comment on _ _ _ Agency Clearance Officer, U.S. Customs and operations support/labs scientific svcs/ proposed and/or continuing information Border Protection. _ collections pursuant to the Paperwork commercial gaugers/. [FR Doc. 2010–23559 Filed 9–20–10; 8:45 am] Reduction Act of 1995 (Pub. L. 104–13; DATES: The accreditation and approval BILLING CODE 9111–14–P of Inspectorate America Corporation, as 44 U.S.C. 3505(c)(2)). The comments commercial gauger and laboratory should address: (a) Whether the became effective on April 7, 2010. The collection of information is necessary DEPARTMENT OF HOMELAND for the proper performance of the next triennial inspection date will be SECURITY functions of the agency, including scheduled for April 2013. whether the information shall have U.S. Customs And Border Protection FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the Anthony Malana, Laboratories and agency’s estimates of the burden of the Agency Information Collection Scientific Services, U.S. Customs and collection of information; (c) ways to Activities: Customs Declaration (Form Border Protection, 1300 Pennsylvania enhance the quality, utility, and clarity 6059B) Avenue, NW., Suite 1500N, of the information to be collected; (d) Washington, DC 20229, 202–344–1060. ways to minimize the burden including AGENCY: U.S. Customs and Border Protection (CBP), Department of Dated: September 13, 2010. the use of automated collection Homeland Security. Ira S. Reese, techniques or the use of other forms of ACTION: 60-Day Notice and request for Executive Director, Laboratories and information technology; and (e) the Scientific Services. annual costs burden to respondents or comments; Extension of an existing collection of information: 1651–0009. [FR Doc. 2010–23473 Filed 9–20–10; 8:45 am] record keepers from the collection of information (a total capital/startup costs BILLING CODE 9111–14–P and operations and maintenance costs). SUMMARY: As part of its continuing effort The comments that are submitted will to reduce paperwork and respondent be summarized and included in the CBP burden, CBP invites the general public DEPARTMENT OF HOMELAND and other Federal agencies to comment SECURITY request for Office of Management and Budget (OMB) approval. All comments on an information collection requirement concerning the Customs U.S. Customs and Border Protection will become a matter of public record. In this document CBP is soliciting Declaration. This request for comment is Agency Information Collection comments concerning the following being made pursuant to the Paperwork Activities: Commercial Invoice information collection: Reduction Act of 1995 (Pub. L. 104–13; Title: Commercial Invoice. 44 U.S.C. 3505(c)(2)). AGENCY: U.S. Customs and Border OMB Number: 1651–0090. DATES: Written comments should be Protection (CBP), Department of Form Number: None. received on or before November 22, Homeland Security. Abstract: The collection of the 2010, to be assured of consideration. ACTION: 60-Day Notice and request for commercial invoice is necessary for ADDRESSES: Direct all written comments comments; Extension of an existing conducting adequate examination of to U.S. Customs and Border Protection, collection of information: 1651–0090. merchandise and determination of the Attn: Tracey Denning, Regulations and duties due on imported merchandise as Rulings, Office of International Trade, SUMMARY: As part of its continuing effort required by 19 CFR 141.81, 141.82, 799 9th Street, NW., 5th Floor, to reduce paperwork and respondent 141.83, 141.84, 141.85, and 141.86 and Washington, DC 20229–1177. by 19 U.S.C. 1481 and 1484. The burden, CBP invites the general public FOR FURTHER INFORMATION CONTACT: information on the commercial invoice and other Federal agencies to comment Requests for additional information is obtained from the foreign shipper and on an information collection should be directed to Tracey Denning, provided to CBP by the importer. To requirement concerning the Commercial U.S. Customs and Border Protection, facilitate trade, CBP did not develop a Invoice. This request for comment is Regulations and Rulings, Office of specific form for this information being made pursuant to the Paperwork International Trade, 799 9th Street, collection. Importers are allowed to use Reduction Act of 1995 (Pub. L. 104–13; NW., 5th Floor, Washington, DC. their existing invoices to comply with 44 U.S.C. 3505(c)(2)). 20229–1177, at 202–325–0265. DATES: Written comments should be these regulations. Current Actions: This submission is SUPPLEMENTARY INFORMATION: CBP received on or before November 22, being made to extend the expiration invites the general public and other 2010, to be assured of consideration. date with a change to the burden hours Federal agencies to comment on ADDRESSES: Direct all written comments based on updated estimates by CBP. proposed and/or continuing information to U.S. Customs and Border Protection, Type of Review: Extension (with collections pursuant to the Paperwork Attn: Tracey Denning, Regulations and change). Reduction Act of 1995 (Pub. L. 104–13; Rulings, Office of International Trade, Affected Public: Businesses. 44 U.S.C. 3505(c)(2)). The comments 799 9th Street, NW., 7th Floor, Estimated Number of Respondents: should address: (a) Whether the Washington, DC 20229–1177. 38,500. collection of information is necessary

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for the proper performance of the DEPARTMENT OF HOUSING AND 8885, fax number 202–205–7167, or functions of the agency, including URBAN DEVELOPMENT send an e-mail to [email protected]. A whether the information shall have text telephone is available for persons practical utility; (b) the accuracy of the [Docket No. FR–5432–N–02] with hearing or speech impairments at 202–708–8339. (These are not toll-free agency’s estimates of the burden of the Statutorily Mandated Designation of telephone numbers.) Additional copies collection of information; (c) ways to Difficult Development Areas and of this notice are available through HUD enhance the quality, utility, and clarity Qualified Census Tracts for 2011 of the information to be collected; (d) User at 800–245–2691 for a small fee to ways to minimize the burden including AGENCY: Office of the Assistant cover duplication and mailing costs. the use of automated collection Secretary for Policy Development and Copies Available Electronically: This techniques or the use of other forms of Research, HUD. notice and additional information about DDAs and QCTs are available information technology; and (e) the ACTION: Notice. annual costs burden to respondents or electronically on the Internet at http:// record keepers from the collection of SUMMARY: On September 9, 2010 (75 FR www.huduser.org/datasets/qct.html. information (a total capital/startup costs 54902), HUD published a notice SUPPLEMENTARY INFORMATION: and operations and maintenance costs). designating ‘‘Difficult Development This Document The comments that are submitted will Areas’’ (DDAs) for 2011. HUD makes be summarized and included in the CBP new DDA designations annually for This notice designates DDAs for each request for Office of Management and purposes of the Low-Income Housing of the 50 states, the District of Columbia, Budget (OMB) approval. All comments Tax Credit (LIHTC) under Section 42 of Puerto Rico, American Samoa, Guam, will become a matter of public record. the Internal Revenue Code of 1986 (IRC) the Northern Mariana Islands, and the In this document CBP is soliciting (26 U.S.C. 42). HUD’s September 9, U.S. Virgin Islands. The designations of comments concerning the following 2010, notice also provided that DDAs in this notice are based on final information collection: designations of ‘‘Qualified Census Fiscal Year (FY) 2010 Fair Market Rents Title: Customs Declaration. Tracts’’ (QCTs) under IRC Section 42 (FMRs), FY2010 income limits, and 2000 Census population counts, as OMB Number: 1651–0009. published October 6, 2009 (74 FR explained below. In accordance with the Form Number: CBP Form 6059B. 51304), remain in effect. HUD’s September 9, 2010, notice Gulf Opportunity Zone Act of 2005 (GO Abstract: CBP Form 6059B, Customs Zone Act) (Pub. L. 109–135, approved Declaration, is used as a standard report included a summary of the LIHTC and an explanation of HUD’s methodology December 21, 2005), as amended by the of the identity and residence of each U.S. Troop Readiness, Veterans’ Care, person arriving in the United States. in designating DDAs. HUD’s September 9, 2010, notice, however, inadvertently Katrina Recovery, and Iraq This form is also used to declare Accountability Appropriations Act of imported articles to CBP in accordance omitted the tables listing the metropolitan and nonmetropolitan 2007, (Pub. L. 110–28, approved, May with 19 U.S.C. 66, section 498 of the 25, 2007), GO Zone DDAs expire on Tariff Act of 1930, as amended (19 DDAs for 2011. For the convenience of the public, today’s Federal Register December 31, 2010. Thus, this notice U.S.C. 1498). CBP Form 6059B requires does not designate GO Zone DDAs. basic information to facilitate the notice republishes HUD’s DDA notice in clearance of persons and goods arriving its entirety, and includes the tables 2000 Census in the United States and helps CBP listing metropolitan and Data from the 2000 Census on total officers determine if any duties or taxes nonmetropolitan DDAs. population of metropolitan areas and are due. A sample of CBP Form 6059B FOR FURTHER INFORMATION CONTACT: For nonmetropolitan areas are used in the can be found at: http://www.cbp.gov/xp/ questions on how areas are designated designation of DDAs. The Office of cgov/travel/vacation/sample_ and on geographic definitions, contact Management and Budget (OMB) first declaration_form.xml. Michael K. Hollar, Senior Economist, published new metropolitan area Current Actions: This submission is Economic Development and Public definitions incorporating 2000 Census being made to extend the expiration Finance Division, Office of Policy data in OMB Bulletin No. 03–04 on June date with no change to the burden Development and Research, Department 6, 2003, and updated them periodically hours. of Housing and Urban Development, through OMB Bulletin No. 09–01 on Type of Review: Extension (without 451 Seventh Street, SW., Room 8234, November 20, 2008. The FY2010 FMRs change). Washington, DC 20410–6000; telephone and FY2010 income limits used to Affected Public: Individuals. number 202–402–5878, or send an e- designate DDAs are based on these new Estimated Number of Respondents: mail to [email protected]. For metropolitan statistical area (MSA) 105,606,000. specific legal questions pertaining to definitions, with modifications to Estimated Number of Annual Section 42, contact Branch 5, Office of account for substantial differences in Responses per Respondent: 1. the Associate Chief Counsel, rental housing markets (and, in some Estimated Number of Total Annual Passthroughs and Special Industries, cases, median income levels) within Responses: 105,606,000. Internal Revenue Service, 1111 MSAs. Constitution Avenue, NW., Washington, Estimated Time per Response: 4 Background minutes. DC 20224; telephone number 202–622– Estimated Total Annual Burden 3040, fax number 202–622–4753. For The U.S. Department of the Treasury Hours: 7,075,602. questions about the ‘‘HUB Zones’’ (Treasury) and its Internal Revenue program, contact Mariana Pardo, Service (IRS) are authorized to interpret Dated: September 16, 2010. Assistant Administrator for and enforce the provisions of the IRC, Tracey Denning, Procurement Policy, Office of including the LIHTC found at Section Agency Clearance Officer, U.S. Customs and Government Contracting, Small 42. The Secretary of HUD is required to Border Protection. Business Administration, 409 Third designate DDAs and QCTs by IRC [FR Doc. 2010–23558 Filed 9–20–10; 8:45 am] Street, SW., Suite 8800, Washington, DC Section 42(d)(5)(B). In order to assist in BILLING CODE 9111–14–P 20416; telephone number 202–205– understanding HUD’s mandated

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designation of DDAs and QCTs for use maintain the low-income character of metropolitan areas (taken together) may in administering IRC Section 42, a the building for at least an additional 15 not contain more than 20 percent of the summary of the section is provided. The years. aggregate population of all metropolitan following summary does not purport to The LIHTC reduces income tax areas, and all designated areas not in bind Treasury or the IRS in any way, liability dollar-for-dollar. It is taken metropolitan areas may not contain nor does it purport to bind HUD, since annually for a term of 10 years and is more than 20 percent of the aggregate HUD has authority to interpret or intended to yield a present value of population of all nonmetropolitan areas. administer the IRC only in instances either: (1) 70 percent of the ‘‘qualified IRC Section 42(d)(5)(B)(v) allows where it receives explicit statutory basis’’ for new construction or states to award an increase in basis up delegation. substantial rehabilitation expenditures to 30 percent to buildings located that are not federally subsidized (as outside of federally designated DDAs Summary of the Low-Income Housing defined in Section 42(i)(2)), or (2) 30 and QCTs if the increase is necessary to Tax Credit percent of the qualified basis for the cost make the building financially feasible. The LIHTC is a tax incentive intended of acquiring certain existing buildings or This state discretion applies only to to increase the availability of low- projects that are federally subsidized. buildings allocated credits under the income housing. IRC Section 42 The actual credit rates are adjusted state housing credit ceiling and is not provides an income tax credit to owners monthly for projects placed in service permitted for buildings receiving credits of newly constructed or substantially after 1987 under procedures specified in in connection with tax-exempt bonds. rehabilitated low-income rental housing IRC Section 42. Individuals can use the Rules for such designations shall be set projects. The dollar amount of the credits up to a deduction equivalent of forth in the LIHTC-allocating agencies’ LIHTC available for allocation by each $25,000 (the actual maximum amount of qualified allocation plans (QAPs). state (credit ceiling) is limited by credit that an individual can claim population. Each state is allowed a depends on the individual’s marginal Explanation of HUD Designation credit ceiling based on a statutory tax rate). For buildings placed in service Methodology formula indicated at IRC Section after December 31, 2007, individuals A. Difficult Development Areas 42(h)(3). States may carry forward can use the credits against the In developing the list of DDAs, HUD unallocated credits derived from the alternative minimum tax. Corporations, compared housing costs with incomes. credit ceiling for one year; however, to other than S or personal service HUD used 2000 Census population data the extent such unallocated credits are corporations, can use the credits against not used by then, the credits go into a ordinary income tax, and, for buildings and the MSA definitions, as published national pool to be redistributed to placed in service after December 31, in OMB Bulletin No. 09–01 on states as additional credit. State and 2007, against the alternative minimum November 20, 2008, with modifications, local housing agencies allocate the tax. These corporations also can deduct as described below. In keeping with past state’s credit ceiling among low-income losses from the project. practice of basing the coming year’s housing buildings whose owners have The qualified basis represents the DDA designations on data from the applied for the credit. Besides IRC product of the building’s ‘‘applicable preceding year, the basis for these Section 42 credits derived from the fraction’’ and its ‘‘eligible basis.’’ The comparisons is the FY2010 HUD income credit ceiling, states may also provide applicable fraction is based on the limits for very low-income households IRC Section 42 credits to owners of number of low-income units in the (very low-income limits, or VLILs), buildings based on the percentage of building as a percentage of the total which are based on 50 percent of AMGI, certain building costs financed by tax- number of units, or based on the floor and final FY2010 FMRs used for the exempt bond proceeds. Credits provided space of low-income units as a Housing Choice Voucher (HCV) under the tax-exempt bond ‘‘volume percentage of the total floor space of program. In formulating the FY2010 cap’’ do not reduce the credits available residential units in the building. The FMRs and VLILs, HUD modified the from the credit ceiling. eligible basis is the adjusted basis current OMB definitions of MSAs to The credits allocated to a building are attributable to acquisition, account for substantial differences in based on the cost of units placed in rehabilitation, or new construction costs rents among areas within each new service as low-income units under (depending on the type of LIHTC MSA that were in different FMR areas particular minimum occupancy and involved). These costs include amounts under definitions used in prior years. maximum rent criteria. In general, a chargeable to a capital account that are HUD formed these ‘‘HUD Metro FMR building must meet one of two incurred prior to the end of the first Areas’’ (HMFAs) in cases where one or thresholds to be eligible for the LIHTC; taxable year in which the qualified low- more of the parts of newly defined either: (1) 20 percent of the units must income building is placed in service or, MSAs that previously were in separate be rent-restricted and occupied by at the election of the taxpayer, the end FMR areas had 2000 Census base 40th- tenants with incomes no higher than 50 of the succeeding taxable year. In the percentile recent-mover rents that percent of the Area Median Gross case of buildings located in designated differed, by 5 percent or more, from the Income (AMGI), or (2) 40 percent of the DDAs or designated QCTs, eligible basis same statistic calculated at the MSA units must be rent-restricted and can be increased up to 130 percent from level. In addition, a few HMFAs were occupied by tenants with incomes no what it would otherwise be. This means formed on the basis of very large higher than 60 percent of AMGI. The that the available credits also can be differences in AMGIs among the MSA term ‘‘rent-restricted’’ means that gross increased by up to 30 percent. For parts. All HMFAs are contained entirely rent, including an allowance for tenant- example, if a 70 percent credit is within MSAs. All nonmetropolitan paid utilities, cannot exceed 30 percent available, it effectively could be counties are outside of MSAs and are of the tenant’s imputed income increased to as much as 91 percent. not broken up by HUD for purposes of limitation (i.e., 50 percent or 60 percent IRC Section 42 defines a DDA as any setting FMRs and VLILs. (Complete of AMGI). The rent and occupancy area designated by the Secretary of HUD details on HUD’s process for thresholds remain in effect for at least as an area that has high construction, determining FY2010 FMR areas and 15 years, and building owners are land, and utility costs relative to the FMRs are available at http://www. required to enter into agreements to AMGI. All designated DDAs in huduser.org/portal/datasets/fmr/fmrs/

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docsys.html&data=fmr10. Complete In applying these caps, HUD Following OMB guidance, the details on HUD’s process for established procedures to deal with how estimation procedure for the FY2010 determining FY2010 income limits are to treat small overruns of the caps. The FMRs incorporates the current OMB available at http://www.huduser.org/ remainder of this section explains those definitions of metropolitan areas based portal/datasets/il/il10/index.html.) procedures. In general, HUD stops on the Core-Based Statistical Area HUD’s unit of analysis for designating selecting areas when it is impossible to (CBSA) standards, as implemented with metropolitan DDAs, therefore, consists choose another area without exceeding 2000 Census data, but makes of: Entire MSAs, in cases where these the applicable cap. The only exceptions adjustments to the definitions, in order were not broken up into HMFAs for to this policy are when the next eligible to separate subparts of these areas in purposes of computing FMRs and excluded area contains either a large cases where FMRs (and in a few cases, VLILs; and HMFAs within the MSAs absolute population or a large VLILs) would otherwise change that were broken up for such purposes. percentage of the total population, or significantly if the new area definitions Hereafter in this notice, the unit of the next excluded area’s ranking ratio, were used without modification. In analysis for designating metropolitan as described above, was identical (to CBSAs where subareas are established, DDAs will be called the HMFA, and the four decimal places) to the last area it is HUD’s view that the geographic unit of analysis for nonmetropolitan selected, and its inclusion resulted in extent of the housing markets are not yet DDAs will be the nonmetropolitan only a minor overrun of the cap. Thus, the same as the geographic extent of the county or county equivalent area. The for both the designated metropolitan CBSAs, but may approach becoming so procedure used in making the DDA and nonmetropolitan DDAs, there may as the social and economic integration calculations follows: be minimal overruns of the cap. HUD of the CBSA component areas increases. 1. For each HMFA and each believes the designation of additional The geographic baseline for the new nonmetropolitan county, a ratio was areas in the above examples of minimal estimation procedure is the CBSA calculated. This calculation used the overruns is consistent with the intent of Metropolitan Areas (referred to as final FY2010 two-bedroom FMR and the the IRC. As long as the apparent excess Metropolitan Statistical Areas or MSAs) FY2010 four-person VLIL. is small due to measurement errors, and CBSA Non-Metropolitan Counties a. The numerator of the ratio was the some latitude is justifiable, because it is (nonmetropolitan counties include the area’s final FY2010 FMR. In general, the impossible to determine whether the 20 county components of Micropolitan FMR is based on the 40th-percentile percent cap has been exceeded. Despite CBSAs where the counties are generally gross rent paid by recent movers to live the care and effort involved in a assigned separate FMRs). The HUD- in a two-bedroom apartment. In Decennial Census, the Census Bureau modified CBSA definitions allow for metropolitan areas granted a FMR based and all users of the data recognize that subarea FMRs within MSAs based on on the 50th-percentile rent for purposes the population counts for a given area the boundaries of ‘‘Old FMR Areas’’ of improving the administration of and for the entire country are not (OFAs) within the boundaries of new HUD’s HCV program (see 71 FR 5068), precise. Therefore, the extent of the MSAs. (OFAs are the FMR areas defined the 40th-percentile rent was used to measurement error is unknown. There for the FY2005 FMRs. Collectively, they ensure nationwide consistency of can be errors in both the numerator and include the June 30, 1999, OMB comparisons. denominator of the ratio of populations definitions of MSAs and Primary MSAs b. The denominator of the ratio was used in applying a 20 percent cap. In (old definition MSAs/PMSAs), the monthly LIHTC income-based rent circumstances where a strict application metropolitan counties deleted from old limit, which was calculated as 1/12 of of a 20 percent cap results in an definition MSAs/PMSAs by HUD for FMR-setting purposes, and counties and 30 percent of 120 percent of the area’s anomalous situation, recognition of the county parts outside of old definition VLIL (where the VLIL was rounded to unavoidable imprecision in the census MSAs/PMSAs referred to as the nearest $50 and not allowed to data justifies accepting small variances nonmetropolitan counties). Subareas of exceed 80 percent of the AMGI in areas above the 20 percent limit. where the VLIL is adjusted upward from MSAs are assigned their own FMRs its 50 percent-of-AMGI base). C. Exceptions to OMB Definitions of when the subarea 2000 Census Base 2. The ratios of the FMR to the LIHTC MSAs and Other Geographic Matters FMR differs significantly from the MSA income-based rent limit were arrayed in 2000 Census Base FMR (or, in some descending order, separately, for As stated in OMB Bulletin 09–01, cases, where the 2000 Census base HMFAs and for nonmetropolitan defining metropolitan areas: AMGI differs significantly from the counties. ‘‘OMB establishes and maintains the MSA 2000 Census Base AMGI). MSA 3. The DDAs are those with the definitions of Metropolitan * * * Statistical subareas, and the remaining portions of highest ratios cumulative to 20 percent Areas, * * * solely for statistical purposes. MSAs after subareas have been of the 2000 population of all * * * OMB does not take into account or determined, are referred to as ‘‘HUD metropolitan areas and of all attempt to anticipate any non-statistical uses Metro FMR Areas (HMFAs),’’ to nonmetropolitan areas. that may be made of the definitions[.] In distinguish such areas from OMB’s cases where * * * an agency elects to use the official definition of MSAs. B. Application of Population Caps to Metropolitan * * * Area definitions in In the New England states DDA Determinations nonstatistical programs, it is the sponsoring (Connecticut, Maine, Massachusetts, In identifying DDAs, HUD applied agency’s responsibility to ensure that the New Hampshire, Rhode Island, and caps, or limitations, as noted above. The definitions are appropriate for such use. An Vermont), HMFAs are defined according cumulative population of metropolitan agency using the statistical definitions in a to county subdivisions or minor civil nonstatistical program may modify the DDAs cannot exceed 20 percent of the divisions (MCDs), rather than county definitions, but only for the purposes of that cumulative population of all program. In such cases, any modifications boundaries. However, since no part of metropolitan areas, and the cumulative should be clearly identified as deviations an HMFA is outside an OMB-defined, population of nonmetropolitan DDAs from the OMB statistical area definitions in county-based MSA, all New England cannot exceed 20 percent of the order to avoid confusion with OMB’s official nonmetropolitan counties are kept cumulative population of all definitions of Metropolitan * * * Statistical intact for purposes of designating nonmetropolitan areas. Areas.’’ Nonmetropolitan DDAs.

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For the convenience of readers of this than the end of the 365-day period after Members of the public are hereby notice, the geographical definitions of the applicant submits a complete reminded that the Secretary of Housing designated Metropolitan DDAs are application to the bond-issuing agency, and Urban Development, or the included in the list of DDAs. and Secretary’s designee, has sole legal The Census Bureau provides no (b) the submission is made before the authority to designate DDAs and QCTs, tabulations of 2000 Census data for effective date of the subsequent lists, by publishing lists of geographic entities Broomfield County, Colorado, an area provided that both the issuance of the as defined by, in the case of DDAs, the that was created from parts of four bonds and the placement in service of several states and the governments of Colorado counties when the city of the building occur after the application the insular areas of the United States Broomfield became a county in is submitted. and, in the case of QCTs, by the Census November 2001. Broomfield County is An application is deemed to be Bureau; and to establish the effective made up of former parts of Adams, submitted on the date it is filed if the dates of such lists. The Secretary of the Boulder, Jefferson, and Weld counties. application is determined to be Treasury, through the IRS thereof, has The boundaries of Broomfield County complete by the credit-allocating or sole legal authority to interpret, and to are similar, but not identical to, the bond-issuing agency. A ‘‘complete determine and enforce compliance with boundaries of the city of Broomfield at application’’ means that no more than de the IRC and associated regulations, the time of the 2000 Census. In OMB minimis clarification of the application including Federal Register notices metropolitan area definitions and, is required for the agency to make a published by HUD for purposes of therefore, for purposes of this notice, decision about the allocation of tax designating DDAs and QCTs. Broomfield County is included as part credits or issuance of bonds requested Representations made by any other of the Denver-Aurora, CO MSA. Census in the application. entity as to the content of HUD notices tracts in Broomfield County include the In the case of a ‘‘multiphase project,’’ designating DDAs and QCTs that do not parts of the Adams, Boulder, Jefferson, the DDA or QCT status of the site of the precisely match the language published and Weld County census tracts that project that applies for all phases of the by HUD should not be relied upon by were within the boundaries of the city project is that which applied when the taxpayers in determining what actions of Broomfield according to the 2000 project received its first allocation of are necessary to comply with HUD Census, plus parts of three Adams LIHTC. For purposes of IRC Section notices. ‘‘ County tracts (85.15, 85.16, and 85.28), 42(h)(4), the DDA or QCT status of the The designations of Qualified Census ’’ and one Jefferson County tract (98.25) site of the project that applies for all Tracts under IRC Section 42, published October 6, 2009 (74 FR 51304), remain that were not within any municipality phases of the project is that which in effect. The above language regarding during the 2000 Census but which, applied when the first of the following 2011 and subsequent designations of according to Census Bureau maps, are occurred: (a) The building(s) in the first DDAs also applies to the designations of within the boundaries of Broomfield phase were placed in service, or (b) the QCTs published October 6, 2009 (74 FR County. Data for Adams, Boulder, bonds were issued. 51304) and to subsequent designations Jefferson, and Weld counties and their For purposes of this notice, a of QCTs. census tracts were adjusted to exclude ‘‘multiphase project’’ is defined as a set the data assigned to Broomfield County of buildings to be constructed or Interpretive Examples of Effective Date and its census tracts. rehabilitated under the rules of the For the convenience of readers of this Future Designations LIHTC and meeting the following notice, interpretive examples are criteria: DDAs are designated annually as provided below to illustrate the (1) The multiphase composition of the consequences of the effective date in updated income and FMR data are made project (i.e., total number of buildings public. QCTs are designated areas that gain or lose DDA status. The and phases in project, with a examples covering DDAs are equally periodically as new data become description of how many buildings are available, or as metropolitan area applicable to QCT designations. to be built in each phase and when each (Case A) Project A is located in a 2011 definitions change. phase is to be completed, and any other DDA that is NOT a designated DDA in Effective Date information required by the agency) is 2012. A complete application for tax The 2011 lists of DDAs are effective: made known by the applicant in the credits for Project A is filed with the (1) for allocations of credit after first application of credit for any allocating agency on November 15, December 31, 2010; or building in the project, and that 2011. Credits are allocated to Project A (2) for purposes of IRC Section applicant identifies the buildings in the on October 30, 2012. Project A is 42(h)(4), if the bonds are issued and the project for which credit is (or will be) eligible for the increase in basis building is placed in service after sought; accorded a project in a 2011 DDA December 31, 2010. (2) The aggregate amount of LIHTC because the application was filed If an area is not on a subsequent list applied for on behalf of, or that would BEFORE January 1, 2012 (the assumed of DDAs, the 2011 lists are effective for eventually be allocated to, the buildings effective date for the 2012 DDA lists), the area if: on the site exceeds the one-year and because tax credits were allocated (1) The allocation of credit to an limitation on credits per applicant, as no later than the end of the 365-day applicant is made no later than the end defined in the Qualified Allocation Plan period after the filing of the complete of the 365-day period after the applicant (QAP) of the LIHTC-allocating agency, application for an allocation of tax submits a complete application to the or the annual per-capita credit authority credits. LIHTC-allocating agency, and the of the LIHTC allocating agency, and is (Case B) Project B is located in a 2011 submission is made before the effective the reason the applicant must request DDA that is NOT a designated DDA in date of the subsequent lists; or multiple allocations over 2 or more 2012 or 2013. A complete application (2) for purposes of IRC Section years; and for tax credits for Project B is filed with 42(h)(4), if: (3) All applications for LIHTC for the allocating agency on December 1, (a) the bonds are issued or the buildings on the site are made in 2011. Credits are allocated to Project B building is placed in service no later immediately consecutive years. on March 30, 2013. Project B is NOT

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eligible for the increase in basis first phase of Project E received an phase of Project F was not made in the accorded a project in a 2011 DDA allocation of credits in 2011, pursuant to year immediately following the first because, although the application for an an application filed March 15, 2011, phase application year. allocation of tax credits was filed which describes the multiphase BEFORE January 1, 2012 (the assumed composition of the project. An Findings and Certifications effective date of the 2012 DDA lists), the application for tax credits for the second Environmental Impact tax credits were allocated later than the phase Project E is filed with the end of the 365-day period after the filing allocating agency by the same entity on In accordance with 40 CFR 1508.4 of of the complete application. March 15, 2012. The second phase of the regulations of the Council on (Case C) Project C is located in a 2011 Project E is located on a contiguous site. Environmental Quality and 24 CFR DDA that was not a DDA in 2010. Credits are allocated to the second 50.19(c)(6) of HUD’s regulations, the Project C was placed in service on phase of Project E on October 30, 2012. policies and procedures contained in November 15, 2010. A complete The aggregate amount of credits this notice provide for the establishment application for tax-exempt bond allocated to the two phases of Project E of fiscal requirements or procedures that financing for Project C is filed with the exceeds the amount of credits that may do not constitute a development bond-issuing agency on January 15, be allocated to an applicant in one year decision affecting the physical 2011. The bonds that will support the under the allocating agency’s QAP and condition of specific project areas or permanent financing of Project C are is the reason that applications were building sites and, therefore, are issued on September 30, 2011. Project C made in multiple phases. The second categorically excluded from the is NOT eligible for the increase in basis phase of Project E is, therefore, eligible requirements of the National otherwise accorded a project in a 2011 for the increase in basis accorded a Environmental Policy Act, except for DDA, because the project was placed in project in a 2011 DDA, because it meets extraordinary circumstances, and no service BEFORE January 1, 2011. all of the conditions to be a part of a Finding of No Significant Impact is (Case D) Project D is located in an multiphase project. required. area that is a DDA in 2011, but is NOT (Case F) Project F is a multiphase a DDA in 2012. A complete application project located in a 2011 DDA that is Federalism Impact for tax-exempt bond financing for NOT a designated DDA in 2012. The Executive Order 13132 (entitled Project D is filed with the bond-issuing first phase of Project F received an ‘‘Federalism’’) prohibits an agency from agency on October 30, 2011. Bonds are allocation of credits in 2011, pursuant to publishing any policy document that issued for Project D on April 30, 2012, an application filed March 15, 2011, has federalism implications if the but Project D is not placed in service which does not describe the multiphase document either imposes substantial until January 30, 2013. Project D is composition of the project. An direct compliance costs on state and eligible for the increase in basis application for tax credits for the second local governments and is not required available to projects located in 2011 phase of Project F is filed with the by statute, or the document preempts DDAs because: (1) One of the two events allocating agency by the same entity on state law, unless the agency meets the necessary for triggering the effective March 15, 2013. Credits are allocated to consultation and funding requirements date for buildings described in Section the second phase of Project F on of section 6 of the executive order. This 42(h)(4)(B) of the IRC (the two events October 30, 2013. The aggregate amount notice merely designates DDAs as being bonds issued and buildings of credits allocated to the two phases of required under Section 42 of the IRC, as placed in service) took place on April Project F exceeds the amount of credits amended, for the use by political 30, 2012, within the 365-day period that may be allocated to an applicant in subdivisions of the states in allocating after a complete application for tax- one year under the allocating agency’s the LIHTC. This notice also details the exempt bond financing was filed, (2) the QAP. The second phase of Project F is, technical methodology used in making application was filed during a time therefore, NOT eligible for the increase such designations. As a result, this when the location of Project D was in a in basis accorded a project in a 2011 notice is not subject to review under the DDA, and (3) both the issuance of the DDA, since it does not meet all of the order. bonds and placement in service of conditions for a multiphase project, as Project D occurred after the application defined in this notice. The original Dated: September 14, 2010. was submitted. application for credits for the first phase Raphael W. Bostic, (Case E) Project E is a multiphase did not describe the multiphase Assistant Secretary for Policy, Development project located in a 2011 DDA that is composition of the project. Also, the and Research. NOT a designated DDA in 2012. The application for credits for the second BILLING CODE 4210–67–P

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[FR Doc. 2010–23577 Filed 9–20–10; 8:45 am] ADDRESSES: Interested persons are necessary for the proper performance of BILLING CODE 4210–67–C invited to submit comments regarding the functions of the agency, including this proposal. Comments should refer to whether the information will have the proposal by name and/or OMB practical utility; (2) Evaluate the DEPARTMENT OF HOUSING AND approval Number (2502–0108) and accuracy of the agency’s estimate of the URBAN DEVELOPMENT should be sent to: HUD Desk Officer, burden of the proposed collection of Office of Management and Budget, New information; (3) Enhance the quality, [Docket No. FR–5376–N–91] Executive Office Building, Washington, utility, and clarity of the information to DC 20503; fax: 202–395–5806. be collected; and (4) Minimize the Notice of Submission of Proposed FOR FURTHER INFORMATION CONTACT: burden of the collection of information Information Collection to OMB Leroy McKinney Jr., Reports on those who are to respond; including Multifamily Project Monthly Management Officer, QDAM, through the use of appropriate Accounting Reports Department of Housing and Urban automated collection techniques or Development, 451 Seventh Street, SW., other forms of information technology, AGENCY: Office of the Chief Information Washington, DC 20410; e-mail Leroy e.g., permitting electronic submission of Officer, HUD. McKinney Jr. at responses. ACTION: Notice. [email protected] or telephone This notice also lists the following (202) 402–5564. This is not a toll-free information: SUMMARY: The proposed information number. Copies of available documents collection requirement described below Title of Proposal: Multifamily Project submitted to OMB may be obtained Monthly Accounting Reports. has been submitted to the Office of from Mr. McKinney. OMB Approval Number: 2502–0108. Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: This review, as required by the Paperwork notice informs the public that the Form Numbers: HUD–93479, HUD– Reduction Act. The Department is Department of Housing and Urban 93480 and HUD–96003. soliciting public comments on the Development has submitted to OMB a Description of the Need for the subject proposal. This information is request for approval of the Information Information and its Proposed Use: This necessary for HUD to monitor collection described below. This notice information is necessary for HUD to compliance with contractual agreements is soliciting comments from members of monitor compliance with contractual and analyze cash flow trends as well as the public and affecting agencies agreements and analyze cash flow occupancy and rent collection levels. concerning the proposed collection of trends as well as occupancy and rent DATES: Comments Due Date: October 21, information to: (1) Evaluate whether the collection levels. 2010. proposed collection of information is Frequency of Submission: Annually.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden: ...... 10,269 123,228 12 .... 143,766

Total Estimated Burden Hours: SUMMARY: The proposed information Department of Housing and Urban 143,766. collection requirement described below Development, 451 Seventh Street, SW.l, Status: Extension of a currently has been submitted to the Office of Washington, DC 20410; e-mail Leroy approved collection. Management and Budget (OMB) for McKinney Jr. at review, as required by the Paperwork [email protected] or telephone Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as Reduction Act. The Department is (202) 402–5564. This is not a toll-free amended. soliciting public comments on the number. Copies of available documents subject proposal. submitted to OMB may be obtained Dated: September 14, 2010. Grant application for Section 202 from Mr. McKinney. Leroy McKinney, Jr., Supportive Housing for the Elderly and SUPPLEMENTARY INFORMATION: This Departmental Reports Management Officer, addition of predevelopment grant notice informs the public that the Office of the Chief Information Officer. funding for architectural and Department of Housing and Urban [FR Doc. 2010–23567 Filed 9–20–10; 8:45 am] engineering work, site control, and other Development has submitted to OMB a BILLING CODE 4210–67–P planning related expenses for Section request for approval of the Information 202 grantees. collection described below. This notice DATES: Comments Due Date: October 21, DEPARTMENT OF HOUSING AND is soliciting comments from members of 2010. URBAN DEVELOPMENT the public and affecting agencies ADDRESSES: Interested persons are concerning the proposed collection of invited to submit comments regarding information to: (1) Evaluate whether the [Docket No. FR–5376–N–89] this proposal. Comments should refer to proposed collection of information is Notice of Submission of Proposed the proposal by name and/or OMB necessary for the proper performance of Information Collection to OMB Section approval Number (2502–0267) and the functions of the agency, including 202 Supportive Housing for the Elderly should be sent to: HUD Desk Officer, whether the information will have Application Submission Requirements Office of Management and Budget, New practical utility; (2) Evaluate the Executive Office Building, Washington, accuracy of the agency’s estimate of the AGENCY: Office of the Chief Information DC 20503; fax: 202–395–5806. burden of the proposed collection of Officer, HUD. FOR FURTHER INFORMATION CONTACT: information; (3) Enhance the quality, Leroy McKinney Jr., Reports utility, and clarity of the information to ACTION: Notice. Management Officer, QDAM, be collected; and (4) Minimize the

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burden of the collection of information Title of Proposal: Section 202 Description of the Need for the on those who are to respond; including Supportive Housing for the Elderly Information and Its Proposed Use: Grant through the use of appropriate Application Submission Requirements. application for Section 202 Supportive automated collection techniques or OMB Approval Number: 2502–0267. Housing for the Elderly and addition of other forms of information technology, Form Numbers: HUD–9201CA, HUD– predevelopment grant funding for e.g., permitting electronic submission of 96010.1, HUD–92041, SF–424, SF–424– architectural and engineering work, site responses. Supplemental, SF–LLL, HUD–2880, control, and other planning related HUD–2990, HUD–2991, HUD–92042, expenses for Section 202 grantees. This notice also lists the following HUD–96010, HUD–96011 and HUD– information: 2994–A. Frequency of Submission: Annually.

Number of Annual × Hours per Reporting Burden: Respondents Responses Response = Burden hours

300 300 .... 2.0167 .... 605

Status: Extension of a currently not more than 21 years old (have not unification. The Family Unification approved collection. reached 22nd birthday) who left foster Program (FUP) is a program under Authority: Section 3507 of the care at age 16 or older and who do not which vouchers are provided to families Paperwork Reduction Act of 1995, 44 have adequate housing are also eligible for whom the lack of adequate housing U.S.C. 35, as amended. to receive housing assistance under the is a primary factor in the imminent Dated: September 14, 2010. FUP. A FUP voucher issued to such a placement of the family’s child, or Leroy McKinney, Jr., youth may only be used to provide children, in out-of-home care; or the Departmental Reports Management Officer, housing assistance for the youth for a delay in the discharge of the child, or Office of the Chief Information Officer. maximum of 18 months. children, to the family from out-of-home [FR Doc. 2010–23570 Filed 9–20–10; 8:45 am] DATES: Comments Due Date: September care. Youths at least 18 years old and BILLING CODE 4210–67–P 28, 2010. not more than 21 years old (have not ADDRESSES: Interested persons are reached 22nd birthday) who left foster invited to submit comments regarding care at age 16 or older and who do not DEPARTMENT OF HOUSING AND this proposal. Comments must be have adequate housing are also eligible URBAN DEVELOPMENT received within seven (7) days from the to receive housing assistance under the [Docket No. FR–5376–N–87] date of this Notice. Comments should FUP. A FUP voucher issued to such a refer to the proposal by name/or OMB youth may only be used to provide Notice of Submission of Proposed approval number and should be sent to: housing assistance for the youth for a Information Collection to OMB; HUD Desk Officer, Office of maximum of 18 months. Emergency Comment Request; Family Management and Budget, New Unification Program Executive Office Building, Washington, OMB Control Number: 2577–0259. DC 20503; e-mail: ORA_Submission Agency Form Number: (SF424, SF AGENCY: Office of the Chief Information @sombrero; fax: (202)395–5806. LLL, HUD–96011, HUD–2993, HUD– Officer, HUD. FOR FURTHER INFORMATION CONTACT: 96010, HUD–50058, HUD 2880, HUD– ACTION: Notice of proposed information Leroy McKinney, Jr., Departmental 2991, HUD–2990.) collection. Reports Management Officer, QDAM, Members of Affected Public: Public SUMMARY: The proposed information Department of Housing and Urban housing authorities, Public Child collection requirement described below Development, 451 7th Street, SW., Welfare Agencies. Room 4178, Washington, DC 20410– has been submitted to the Office of Estimation of the total numbers of Management and Budget (OMB) for 5000; telephone 202–402–5564 (this is hours needed to prepare the information emergency review and approval, as not a toll-free number) or e-mail Mr. collection including number of required by the Paperwork Reduction McKinney at Act of 1995 (44 U.S.C. Chapter 35, as [email protected] for a copy respondents, frequency of responses, amended). The Department is soliciting of the proposed forms, or other available and hours of responses: Burden hours public comments on the subject information. Copies of available per response: 27.27 hours. The total proposal, to assure better understanding documents submitted to OMB may be burden hours, estimating 265 of the reporting requirements and obtained from Mr. McKinney. respondents applicants and 42 consistency in the submission of data. SUPPLEMENTARY INFORMATION: This successful applicants is 5811 hours. Public Housing Agencies (PHA) Notice informs the public that the U.S. Status of the proposed information application for funding of new Housing Department of Housing and Urban collection: This is a revision to a exiting Choice Vouchers to promote family Development (HUD) has submitted to information collection. unification. The Family Unification OMB, for emergency processing, a Program (FUP) is a program under proposed information collection that Authority: The Paperwork Reduction Act which vouchers are provided to families supports Family Unification Program of 1995, 44 U.S.C. Chapter 35, as amended. for whom the lack of adequate housing (FUP). Dated: September 14, 2010. is a primary factor in the imminent Title of Proposed Notice: Family Leroy McKinney, Jr., placement of the family’s child, or Unification Program (FUP). Departmental Reports Management Officer, children, in out-of-home care; or the Description of Information Collection: Office of the Chief Information Officer. delay in the discharge of the child, or Public Housing Agencies (PHA) [FR Doc. 2010–23575 Filed 9–20–10; 8:45 am] children, to the family from out-of-home application for funding of new Housing care. Youths at least 18 years old and Choice Vouchers to promote family BILLING CODE 4210–67–P

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DEPARTMENT OF HOUSING AND this proposal. Comments should refer to information; (3) Enhance the quality, URBAN DEVELOPMENT the proposal by name and/or OMB utility, and clarity of the information to approval Number (2577–0226) and be collected; and (4) Minimize the [Docket No. FR–5376–N–88] should be sent to: HUD Desk Officer, burden of the collection of information Notice of Submission of Proposed Office of Management and Budget, New on those who are to respond; including Information Collection to OMB Public Executive Office Building, Washington, through the use of appropriate Housing 5 Year Annual PHA Plan DC 20503; fax: 202–395–5806. automated collection techniques or FOR FURTHER INFORMATION CONTACT: other forms of information technology, AGENCY: Office of the Chief Information Leroy McKinney, Jr., Reports e.g., permitting electronic submission of Officer, HUD. Management Officer, QDAM, responses. ACTION: Notice. Department of Housing and Urban This notice also lists the following SUMMARY: The proposed information Development, 451 Seventh Street, SW., information: collection requirement described below Washington, DC 20410; e-mail Leroy Title of Proposal: Public Housing 5 has been submitted to the Office of McKinney, Jr. at Year Annual PHA Plan. [email protected] or telephone Management and Budget (OMB) for OMB Approval Number: 2577–0226. review, as required by the Paperwork (202) 402–5564. This is not a toll-free Form Numbers: HUD–50075, HUD– Reduction Act. The Department is number. Copies of available documents 50071–1, HUD–50075–2, HUD–50077, soliciting public comments on the submitted to OMB may be obtained HUD–50077–CR,, HUD–50077–SL,, subject proposal. from Mr. McKinney. HUD–50070. PHAs are required to submit annual SUPPLEMENTARY INFORMATION: This and 5-Year Plans to HUD as required by notice informs the public that the Description of the Need for the section 5A of the United States Housing Department of Housing and Urban Information and Its Proposed Use: PHAs Act of 1937 (42 U.S.C. 1437c–1) The Development has submitted to OMB a are required to submit annual and 5- purpose of the plan is to provide a request for approval of the Information Year Plans to HUD as required by framework for local accountability and collection described below. This notice section 5A of the United States Housing an easily identifiealble source by which is soliciting comments from members of Act of 1937 (42 U.S.C. 1437c–1) The public housing residents, participants in the public and affecting agencies purpose of the plan is to provide a the tenant-based assistance program, concerning the proposed collection of framework for local accountability and and other members of the public may information to: (1) Evaluate whether the an easily identifiealble source by which locate basic PHA policies, rules and proposed collection of information is public housing residents, participants in requirments concerning the PHA’s necessary for the proper performance of the tenant-based assistance program, operations, programs and services. the functions of the agency, including and other members of the public may DATES: Comments Due Date: October 21, whether the information will have locate basic PHA policies, rules and 2010. practical utility; (2) Evaluate the requirments concerning the PHA’s ADDRESSES: Interested persons are accuracy of the agency’s estimate of the operations, programs and services. invited to submit comments regarding burden of the proposed collection of Frequency of Submission: Annually.

Number of Annual Hours per respondents x responses x response = Burden hours

Reporting Burden: ...... 4114 .... 2802 .... 5.4 .... 111,005

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND Indian Community Development Block 111,005. URBAN DEVELOPMENT Grant Program, Native American Housing Block Grants, and Native Status: Extension of a currently [Docket No. FR–5376–N–90] approved collection. Hawaiian Housing Block Grants must provide information to HUD for the Authority: Section 3507 of the Notice of Submission of Proposed Information Collection to OMB reporting requirements of HUD ARRA Paperwork Reduction Act of 1995, 44 Section 1512 (‘‘Recovery Act’’) grants. U.S.C. 35, as amended. American Recovery and Reinvestment Act; Public and Indian Housing Grants Section 1512 of the Recovery Act details Dated: September 14, 2010. Reporting reporting requirements for the recipients Leroy McKinney, Jr., of Recovery Act funding. Recipients are AGENCY: Office of the Chief Information to report on the obligation and Departmental Reports Management Officer, Officer, HUD. expenditure of Recovery Act funding, Office of the Chief Information Officer. ACTION: Notice. details of the projects on which those [FR Doc. 2010–23572 Filed 9–20–10; 8:45 am] funds have been obligated and BILLING CODE 4210–67–P SUMMARY: The proposed information expended, an evaluation of the collection requirement described below completion status of projects and the has been submitted to the Office of number of jobs created and jobs retained Management and Budget (OMB) for by the project. review, as required by the Paperwork DATES: Comments Due Date: October 21, Reduction Act. The Department is 2010. soliciting public comments on the subject proposal. ADDRESSES: Interested persons are The Public Housing Capital Fund, invited to submit comments regarding Assisted Housing Stability and Energy this proposal. Comments should refer to and Green retrofit Investment program, the proposal by name and/or OMB

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approval number (2577–0264) and concerning the proposed collection of Form Numbers: N/A. should be sent to: HUD Desk Officer, information to: (1) Evaluate whether the Description of the Need for the Office of Management and Budget, New proposed collection of information is Information and Its Proposed Use: The Executive Office Building, Washington, necessary for the proper performance of Public Housing Capital Fund, Assisted DC 20503; fax: 202–395–5806. the functions of the agency, including Housing Stability and Energy and Green FOR FURTHER INFORMATION CONTACT: whether the information will have retrofit Investment program, Indian Leroy McKinney, Jr., Reports practical utility; (2) Evaluate the Community Development Block Grant Management Officer, QDAM, accuracy of the agency’s estimate of the Program, Native American Housing Department of Housing and Urban burden of the proposed collection of Block Grants, and Native Hawaiian Development, 451 Seventh Street, SW., information; (3) Enhance the quality, Housing Block Grants must provide Washington, DC 20410; e-mail Leroy utility, and clarity of the information to information to HUD for the reporting McKinney, Jr. at be collected; and (4) Minimize the requirements of HUD ARRA Section [email protected] or telephone burden of the collection of information 1512 (‘‘Recovery Act’’) grants. Section (202) 402–5564. This is not a toll-free on those who are to respond; including 1512 of the Recovery Act details number. Copies of available documents through the use of appropriate reporting requirements for the recipients submitted to OMB may be obtained automated collection techniques or of Recovery Act funding. Recipients are from Mr. McKinney. other forms of information technology, to report on the obligation and SUPPLEMENTARY INFORMATION: This e.g., permitting electronic submission of expenditure of Recovery Act funding, notice informs the public that the responses. details of the projects on which those Department of Housing and Urban This notice also lists the following funds have been obligated and Development has submitted to OMB a information: expended, an evaluation of the request for approval of the Information Title of Proposal: American Recovery completion status of projects, and the collection described below. This notice and Reinvestment Act; Public and number of jobs created and jobs retained is soliciting comments from members of Indian Housing Grants Reporting. by the project. the public and affected agencies OMB Approval Number: 2577–0264. Frequency of Submission: Annually.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 5,500 22,000 .... 4 .... 90,222

Total Estimated Burden Hours: Inlet Region, Inc. when the surface Bureau of Land Management, Alaska 90,222. estate is conveyed to Eklutna, Inc. The State Office, 222 West Seventh Status: Extension of a previously lands are in the vicinity of Birchwood, Avenue, #13, Anchorage, Alaska approved collection. Alaska, and are located in: 99513–7504. Authority: Section 3507 of the Paperwork Seward Meridian, Alaska FOR FURTHER INFORMATION CONTACT: The Reduction Act of 1995, 44 U.S.C. 35, as T. 15 N., R. 1 W., BLM by phone at 907–271–5960, by e- amended. Secs. 5 and 7. mail at [email protected], or Leroy McKinney, Jr., Containing approximately 69 acres. by telecommunication device (TTD) through the Federal Information Relay Departmental Reports Management Officer, Notice of the decision will also be Office of the Chief Information Officer. Service (FIRS) at 1–800–877–8339, 24 published four times in the Anchorage hours a day, 7 days a week. [FR Doc. 2010–23569 Filed 9–20–10; 8:45 am] Daily News. BILLING CODE 4210–67–P Christy Favorite, DATES: Any party claiming a property interest in the lands affected by the Land Law Examiner, Land Transfer Adjudication II Branch. DEPARTMENT OF THE INTERIOR decision may appeal the decision within the following time limits: [FR Doc. 2010–23466 Filed 9–20–10; 8:45 am] BILLING CODE 4310–JA–P Bureau of Land Management 1. Unknown parties, parties unable to [AA–6661–F; LLAK965000–L14100000– be located after reasonable efforts have KC0000–P] been expended to locate, parties who DEPARTMENT OF THE INTERIOR fail or refuse to sign their return receipt, Alaska Native Claims Selection and parties who receive a copy of the National Park Service decision by regular mail which is not AGENCY: Bureau of Land Management, certified, return receipt requested, shall Notice of Inventory Completion: Interior. have until October 21, 2010 to file an Department of Anthropology & Ethnic ACTION: Notice of decision approving appeal. Studies, University of Nevada Las lands for conveyance. 2. Parties receiving service of the Vegas, Las Vegas, NV decision by certified mail shall have 30 SUMMARY: As required by 43 CFR AGENCY: National Park Service, Interior. days from the date of receipt to file an 2650.7(d), notice is hereby given that appeal. ACTION: Notice. the Bureau of Land Management (BLM) will issue an appealable decision Parties who do not file an appeal in Notice is here given in accordance approving the conveyance of surface accordance with the requirements of 43 with the Native American Graves estate for certain lands to Eklutna, Inc., CFR part 4, subpart E, shall be deemed Protection and Repatriation Act pursuant to the Alaska Native Claims to have waived their rights. (NAGPRA), 25 U.S.C. 3003, of the Settlement Act. The subsurface estate in ADDRESSES: A copy of the decision may completion of an inventory of human these lands will be conveyed to Cook be obtained from: remains and an associated funerary

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object in the possession of the Shoshone Tribe of the Fallon Las Vegas. No known individual was Department of Anthropology & Ethnic Reservation and Colony, Nevada; and identified. No associated funerary Studies, University of Nevada Las Pyramid Lake Paiute Tribe of the objects are present. Vegas, Las Vegas, NV. The human Pyramid Lake Reservation, Nevada. Analysis determined that the human remains and associated funerary object At an unknown date, human remains remains are that of a pre-contact or early were removed from an unknown representing a minimum of one historic Native American adult female, location in northern Nevada and from individual were removed from northern approximately 27 years of age. Churchill, Douglas, Lincoln, Pershing, Nevada (AHUR 0119A). At an unknown At an unknown date, human remains and Nye Counties, NV. date, the human remains were donated representing a minimum of one This notice is published as part of the to the Department of Anthropology. No individual were removed from Madison National Park Service’s administrative known individual was identified. No Socke’s Ranch, Nye County, NV (FHUR responsibilities under NAGPRA, 25 associated funerary objects are present. 35). No known individual was U.S.C. 3003(d)(3). The determinations in Analysis determined that the human identified. The one associated funerary this notice are the sole responsibility of remains are that of a pre-contact or early object is a clay pipe. the museum, institution, or Federal historic Native American adult male. No No additional information is available agency that has control of the Native additional information is available regarding the circumstances American human remains and regarding the circumstances surrounding removal. Radiocarbon associated funerary object. The National surrounding removal. analysis has indicated that the human Park Service is not responsible for the In 1989, human remains representing remains date to between 1630 and 1440 determinations in this notice. a minimum of one individual were B.C., and analysis determined that the A detailed assessment of the human collected from Lovelock, Pershing remains are of an adult male. The pipe remains was made by the Department of County, NV, by the under-sheriff for that is similar in style to that used by Anthropology & Ethnic Studies, area (AHUR 120C). No known prehistoric Great Basin Native University of Nevada Las Vegas, individual was identified. No associated Americans. professional staff in consultation with funerary objects are present. At an unknown date, human remains representatives of the Great Basin Inter- Analysis determined that the human representing a minimum of one Tribal NAGPRA Coalition, a non- remains are that of a pre-contact or early individual were removed from near the Federally recognized Indian group, historic Native American adult. No town of Fallon, Churchill County, NV which represents the Inter-Tribal additional information is available (FHUR 36). Records indicate that the Council of Nevada, a non-Federally regarding the circumstances human remains were donated by a Mrs. recognized Indian group, and the surrounding removal. Allen to the Department of following Federally-recognized Indian On April 11, 1984, human remains Anthropology & Ethnic Studies, tribes: Alturas Indian Rancheria, representing a minimum of one University of Nevada Las Vegas. No California; Battle Mountain Shoshone individual were removed from highway known individual was identified. No Tribe (Constituent Band of the Te-Moak SR 206 near Wally’s Hot Springs, south associated funerary objects are present. Tribe of Western Shoshone Indians of of the town of Genoa, Douglas County, Analysis determined that the human Nevada); Big Pine Paiute Band of Owens NV (AHUR 531). Records indicate that remains are that of a pre-contact or early Valley Paiute Shoshone Indians of the skull fragments were observed resting historic Native American adult, Big Pine Reservation, California; on the ground by a Nevada Department probably female, and 45 years or more Bridgeport Paiute Indian Colony of of Transportation (NDOT) District II of age. California; Burns Paiute Tribe, maintenance crew. Following this Archeological, linguistic, and oral California; Chemehuevi Indian Tribe of discovery, two NDOT archeologists historical evidence suggests that the the Chemehuevi Reservation, California; surveyed the immediate area and geographical area where the above- Duckwater Shoshone Tribe of the concluded that the skull fragments had mentioned human remains were found Duckwater Reservation, Nevada; Ely washed through a culvert that drained was occupied by Western Shoshone and Shoshone Tribe of Nevada; Las Vegas into a shallow wash. A subsequent Paiute groups during pre-contact and Tribe of Paiute Indians of the Las Vegas survey, which was conducted uphill early historic times. Therefore, museum Indian Colony, Nevada; Lovelock Paiute from the initial discovery, found officials reasonably believe the human Tribe of the Lovelock Indian Colony, additional human remains. No known remains and associated funerary object Nevada; Paiute-Shoshone Indians of the individual was identified. No associated to be culturally affiliated to Western Bishop Community of the Bishop funerary objects are present. Shoshone and Paiute Indian tribes. Colony, California; Paiute-Shoshone Analysis determined that the human Descendants of the Western Shoshone Tribe of the Fallon Reservation and remains are that of a pre-contact or early and Paiute are represented by the Colony, Nevada; Reno-Sparks Indian historic Native American adult female. Alturas Indian Rancheria, California; Colony, Nevada; Shoshone-Paiute On June 15, 1984, human remains Battle Mountain Shoshone Tribe Tribes of the Duck Valley Reservation, representing a minimum of one (Constituent Band of the Te-Moak Tribe Nevada; South Fork Band (Constituent individual were removed from a canal of Western Shoshone Indians of Band of the Te-Moak Tribe of Western bank near Crystal Springs, Lincoln Nevada); Big Pine Paiute Band of Owens Shoshone Indians of Nevada); County, NV (FHUR 26). Records Valley Paiute Shoshone Indians of the Susanville Indian Rancheria, California; indicate that these remains were found Big Pine Reservation, California; Te-Moak Tribe of Western Shoshone by Raymond Phelps, while he was Bridgeport Paiute Indian Colony of Indians of Nevada; Yerington Paiute poking at the mud with a stick. The California; Burns Paiute Tribe, Tribe of the Yerington Colony & human remains were then excavated by California; Cedarville Rancheria, Campbell Ranch, Nevada; and Yomba officers from the Lincoln County California; Chemehuevi Indian Tribe of Shoshone Tribe of the Yomba Sheriff’s Department and examined by the Chemehuevi Reservation, California; Reservation, Nevada. Direct the coroner, Dr. Sheldon Green. Dr. Confederated Tribes of the Goshute consultation was made with the Green subsequently turned the remains Reservation, Nevada and Utah; Death Duckwater Shoshone Tribe of the over to the Department of Anthropology Valley Timibi-Sha Shoshone Band of Duckwater Reservation, Nevada; Paiute- & Ethnic Studies, University of Nevada California; Duckwater Shoshone Tribe

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of the Duckwater Reservation, Nevada; ancestry. Officials of the Department of Nevada; Utu Utu Gwaitu Paiute Tribe of Elko Band (Constituent Band of the Te- Anthropology & Ethnic Studies, the Benton Paiute Reservation, Moak Tribe of Western Shoshone University of Nevada Las Vegas, also California; Walker River Paiute Tribe of Indians of Nevada); Ely Shoshone Tribe have determined that, pursuant to 25 the Walker River Reservation, Nevada; of Nevada; Fort Independence Indian U.S.C. 3001(3)(A), the one object Washoe Tribe of Nevada and California; Community of Paiute Indians of the Fort described above is reasonably believed Wells Band; Winnemucca Indian Independence Reservation, California; to have been placed with or near Colony of Nevada; Yerington Paiute Fort McDermitt Paiute and Shoshone individual human remains at the time of Tribe of the Yerington Colony & Tribes of the Fort McDermitt Indian death or later as part of the death rite Campbell Ranch, Nevada; and Yomba Reservation, Arizona; Las Vegas Tribe of or ceremony. Lastly, officials of the Shoshone Tribe of the Yomba Paiute Indians of the Las Vegas Indian Department of Anthropology & Ethnic Reservation, Nevada. Colony, Nevada; Lovelock Paiute Tribe Studies, University of Nevada Las Representatives of any other Indian of the Lovelock Indian Colony, Nevada; Vegas, have determined that, pursuant tribe that believes itself to be culturally Moapa Band of Paiute Indians of the to 25 U.S.C. 3001(2), there is a affiliated with the human remains and Moapa River Indian Reservation, relationship of shared group identity associated funerary object should Nevada; Northwestern Band of that can be reasonably traced between contact Dr. Karen Harry, Department of Shoshoni Nation of Utah (Washakie); the Native American human remains Anthropology & Ethnic Study, Paiute Indian Tribe of Utah; Paiute- and associated funerary object and the University of Nevada Las Vegas, 4505 Shoshone Indians of the Bishop Alturas Indian Rancheria, California; Maryland Parkway, Box 455003, Las Vegas, NV 89154–5003, telephone (702) Community of the Bishop Colony, Battle Mountain Shoshone Tribe; Big 895–2534, before October 21, 2010. California; Paiute-Shoshone Tribe of the Pine Paiute Band of Owens Valley Repatriation of the human remains and Fallon Reservation and Colony, Nevada; Paiute Shoshone Indians of the Big Pine associated funerary object to the Paiute- Paiute-Shoshone Tribe of the Lone Pine Reservation, California; Bridgeport Shoshone Tribe of the Fallon Community of the Lone Pine Paiute Indian Colony of California; Reservation and Colony, Nevada, Reservation, California; Pyramid Lake Burns Paiute Tribe, California; representing the Great Basin Inter-Tribal Paiute Tribe of the Pyramid Lake Cedarville Rancheria, California; Reservation, Nevada; Reno-Sparks NAGPRA Coalition, a non-Federally Chemehuevi Indian Tribe of the Indian Colony, Nevada; San Juan recognized Indian group, and its Chemehuevi Reservation, California; Southern Paiute Tribe of Arizona; members, may proceed after that date if Confederated Tribes of the Goshute Shoshone Tribe of the Wind River no additional claimants come forward. Reservation, Nevada and Utah; Death Reservation, Wyoming; Shoshone- The Department of Anthropology & Valley Timibi-Sha Shoshone Band of Bannock Tribes of the Fort Hall Ethnic Studies, University of Nevada California; Duckwater Shoshone Tribe Reservation of Idaho; Shoshone-Paiute Las Vegas, is responsible for notifying of the Duckwater Reservation, Nevada; Tribes of the Duck Valley Reservation, officials of the Alturas Indian Rancheria, Elko Band; Ely Shoshone Tribe of Nevada; South Fork Band (Constituent California; Battle Mountain Shoshone Nevada; Fort Independence Indian Band of the Te-Moak Tribe of Western Tribe; Big Pine Paiute Band of Owens Shoshone Indians of Nevada); Summit Community of Paiute Indians of the Fort Valley Paiute Shoshone Indians of the Lake Paiute Tribe of Nevada; Susanville Independence Reservation, California; Big Pine Reservation, California; Indian Rancheria, California; Te-Moak Fort McDermitt Paiute and Shoshone Bridgeport Paiute Indian Colony of Tribe of Western Shoshone Indians of Tribes of the Fort McDermitt Indian California; Burns Paiute Tribe, Nevada; Utu Utu Gwaitu Paiute Tribe of Reservation, Arizona; Las Vegas Tribe of California; Cedarville Rancheria, the Benton Paiute Reservation, Paiute Indians of the Las Vegas Indian California; Chemehuevi Indian Tribe of California; Walker River Paiute Tribe of Colony, Nevada; Lovelock Paiute Tribe the Chemehuevi Reservation, California; the Walker River Reservation, Nevada; of the Lovelock Indian Colony, Nevada; Confederated Tribes of the Goshute Washoe Tribe of Nevada and California; Moapa Band of Paiute Indians of the Reservation, Nevada and Utah; Death Wells Band (Constituent Band of the Te- Moapa River Indian Reservation, Valley Timibi-Sha Shoshone Band of Moak Tribe of Western Shoshone Nevada; Northwestern Band of California; Duckwater Shoshone Tribe Indians of Nevada); Winnemucca Indian Shoshoni Nation of Utah (Washakie); of the Duckwater Reservation, Nevada; Colony of Nevada; Yerington Paiute Paiute Indian Tribe of Utah; Paiute- Elko Band; Ely Shoshone Tribe of Tribe of the Yerington Colony & Shoshone Indians of the Bishop Nevada; Fort Independence Indian Campbell Ranch, Nevada; and Yomba Community of the Bishop Colony, Community of Paiute Indians of the Fort Shoshone Tribe of the Yomba California; Paiute-Shoshone Tribe of the Independence Reservation, California; Reservation, Nevada. Fallon Reservation and Colony, Nevada; Fort McDermitt Paiute and Shoshone The Paiute-Shoshone Tribe of the Paiute-Shoshone Tribe of the Lone Pine Tribes of the Fort McDermitt Indian Fallon Reservation and Colony, Nevada, Community of the Lone Pine Reservation, Arizona; Las Vegas Tribe of have made a claim for the human Reservation, California; Pyramid Lake Paiute Indians of the Las Vegas Indian remains and associated funerary object Paiute Tribe of the Pyramid Lake Colony, Nevada; Lovelock Paiute Tribe on behalf of the Great Basin Inter-Tribal Reservation, Nevada; Reno-Sparks of the Lovelock Indian Colony, Nevada; NAGPRA Coalition, a non-federally Indian Colony, Nevada; San Juan Moapa Band of Paiute Indians of the recognized Indian group, and its Southern Paiute Tribe of Arizona; Moapa River Indian Reservation, members of federally-recognized Indian Shoshone Tribe of the Wind River Nevada; Northwestern Band of tribes. Reservation, Wyoming; Shoshone- Shoshoni Nation of Utah (Washakie); Officials of the Department of Bannock Tribes of the Fort Hall Paiute Indian Tribe of Utah; Paiute- Anthropology & Ethnic Studies, Reservation of Idaho; Shoshone-Paiute Shoshone Indians of the Bishop University of Nevada Las Vegas, have Tribes of the Duck Valley Reservation, Community of the Bishop Colony, determined that, pursuant to 25 U.S.C. Nevada; South Fork Band; Summit Lake California; Paiute-Shoshone Tribe of the 3001(9), the human remains described Paiute Tribe of Nevada; Susanville Fallon Reservation and Colony, Nevada; above represent the physical remains of Indian Rancheria, California; Te-Moak Paiute-Shoshone Tribe of the Lone Pine six individuals of Native American Tribe of Western Shoshone Indians of Community of the Lone Pine

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Reservation, California; Pyramid Lake Conference Room, 38686 El Cerrito all the rentals due since the date the Paiute Tribe of the Pyramid Lake Road, Palm Desert, California. lease terminated under the law. Reservation, Nevada; Reno-Sparks FOR FURTHER INFORMATION CONTACT: Jim FOR FURTHER INFORMATION CONTACT: Indian Colony, Nevada; San Juan Foote, Monument Manager, Santa Rosa Bureau of Land Management, Julie L. Southern Paiute Tribe of Arizona; and San Jacinto Mountains National Weaver, Chief, Fluid Minerals Shoshone Tribe of the Wind River Monument, 1201 Bird Center Drive, Adjudication, at (307) 775–6176. Reservation, Wyoming; Shoshone- Palm Springs, CA 92262, or telephone SUPPLEMENTARY INFORMATION: The lessee Bannock Tribes of the Fort Hall (760) 833–7136. has agreed to the amended lease terms Reservation of Idaho; Shoshone-Paiute SUPPLEMENTARY INFORMATION: The MAC for rentals and royalties at rates of $10 Tribes of the Duck Valley Reservation, advises the Secretary of the Interior and per acre or fraction thereof per year and Nevada; South Fork; Summit Lake the Secretary of Agriculture, through the 162⁄3 percent, respectively. The lessee Paiute Tribe of Nevada; Susanville BLM and Forest Service, with respect to has paid the required $500 Indian Rancheria, California; Te-Moak the preparation and implementation of administrative fee and $163 to Tribe of Western Shoshone Indians of a management plan for the National reimburse the Department for the cost of Nevada; Utu Utu Gwaitu Paiute Tribe of Monument. The meeting will focus on this Federal Register notice. The lessee the Benton Paiute Reservation, a variety of planning and management has met all the requirements for California; Walker River Paiute Tribe of issues associated with the National reinstatement of the lease as set out in the Walker River Reservation, Nevada; Monument. All MAC meetings are open Sections 31(d) and (e) of the Mineral Washoe Tribe of Nevada and California; to the public. The public may present Lands Leasing Act of 1920 (30 U.S.C. Wells Band; Winnemucca Indian written comments to the MAC in 188), and the Bureau of Land Colony of Nevada; Yerington Paiute advance of or at the meeting. Each Management is proposing to reinstate Tribe of the Yerington Colony & formal MAC meeting will also have time lease WYW174006 effective April 1, Campbell Ranch, Nevada; and Yomba allocated for receiving public 2010, under the original terms and Shoshone Tribe of the Yomba comments. Depending on the number of conditions of the lease and the Reservation, Nevada, that this notice has persons wishing to comment and time increased rental and royalty rates cited been published. available, the time for individual oral above. The BLM has not issued a valid Dated: September 10, 2010. comments may be limited. Individuals lease to any other interest affecting the Sherry Hutt, who plan to attend and need special lands. assistance, such as sign language Manager, National NAGPRA Program. Julie L. Weaver, [FR Doc. 2010–23412 Filed 9–20–10; 8:45 am] interpretation or other reasonable accommodations, should contact the Chief, Fluid Minerals Adjudication. BILLING CODE P Monument Manager as provided above. [FR Doc. 2010–23465 Filed 9–20–10; 8:45 am] BILLING CODE 4310–22–P Dated: August 24, 2010. DEPARTMENT OF THE INTERIOR John R. Kalish, Field Manager, Palm Springs-South Coast DEPARTMENT OF THE INTERIOR Bureau of Land Management Field Office, California Desert District, Bureau of Land Management. Bureau of Land Management DEPARTMENT OF AGRICULTURE Dated: August 24, 2010. [LLID–931–000–L1020–0000–JP–0000252R] Forest Service Laurie Rosenthal, District Ranger, San Jacinto Ranger District, Notice of Proposed Supplementary Notice of Public Meeting, Santa Rosa San Bernardino National Forest, Forest Rule To Require the Use of Certified and San Jacinto Mountains National Service. Noxious-Weed-Free Forage and Straw Monument Advisory Committee; [FR Doc. 2010–23490 Filed 9–20–10; 8:45 am] on Bureau of Land Management Lands California BILLING CODE 3410–11–P in the State of Idaho AGENCY: Bureau of Land Management, AGENCIES: Bureau of Land Management, Interior. Interior; and Forest Service, USDA. DEPARTMENT OF THE INTERIOR ACTION: Proposed supplementary rules. ACTION: Notice of public meeting. Bureau of Land Management SUMMARY: The Bureau of Land SUMMARY: In accordance with the Santa [WY–923–1310–FI; WYW174006] Management (BLM) in Idaho is Rosa and San Jacinto Mountains proposing a supplementary rule that National Monument Act of 2000 and the Notice of Proposed Reinstatement of would require anyone bringing or Federal Advisory Committee Act of Terminated Oil and Gas Lease, anyone feeding or storing forage or 1972, the U.S. Department of the Wyoming straw on BLM-administered land when Interior, Bureau of Land Management AGENCY: Bureau of Land Management, using BLM public lands in Idaho to use (BLM) and U.S. Department of Interior. certified noxious-weed-free forage and Agriculture, Forest Service (Forest straw. Restoration, rehabilitation, and ACTION: Notice. Service) Santa Rosa and San Jacinto stabilization projects also will be Mountains National Monument SUMMARY: Under the provisions of the required to use weed-free straw bales Advisory Committee (MAC) will meet as Mineral Leasing Act of 1920, as and mulch for project work. This action indicated below. amended, the Bureau of Land is a cooperative effort between the BLM, DATES: September 20, 2010. The meeting Management (BLM) received a petition the U.S. Forest Service (USFS), and the will start at 3 p.m. and end at 6 p.m. for reinstatement from EOG Resources, Idaho State Department of Agriculture with the public comment period Inc. for competitive oil and gas lease (ISDA), and supports Idaho State beginning at 4 p.m. The meeting will be WYW174006 for land in Converse noxious weed laws. held at the County of Riverside Permit County, Wyoming. The petition was DATES: Comments on the proposed Assistance Center, Second Floor filed on time and was accompanied by supplementary rules must be received

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or postmarked by November 22, 2010 to identifying information—may be made weeds through forage and straw onto be assured consideration. In developing publicly available at any time. While National Forest System lands and other final supplementary rules, the BLM is you can ask us in your comment to lands within Idaho. The Federal Plant not obligated to consider comments withhold your personal identifying Protection Act of June 2000 directs postmarked or received in person or by information from public review, we agencies to develop integrated electronic mail after this date. cannot guarantee that we will be able to management plans for noxious weeds. ADDRESSES: Please mail comments to do so. The proposed rules are intended to complement the existing regulatory Roger Rosentreter, Bureau of Land II. Background Management, 1387 S. Vinnell Way, framework. Noxious and invasive weeds are a Boise, ID 83709, or e-mail comments to III. Discussion of the Proposed _ serious problem in the western United Roger [email protected]. If you Supplementary Rules require a printed copy of the proposed States. Noxious weeds are spreading on supplementary rules, please call Roger BLM lands at a rate of over 2,300 acres Currently, National Forest System Rosentreter, (208) 373–3824 or e-mail per day, and on all western public lands lands are the only lands in Idaho which at approximately 4,600 acres per day. require the use of certified noxious- [email protected], to request Species such as perennial pepperweed, weed-free forage and straw, although that one be mailed to you. purple loosestrife, yellow starthistle, some Idaho State agencies (the Idaho FOR FURTHER INFORMATION CONTACT: hoary cress (whitetop), leafy spurge, Department of Lands and the Idaho Roger Rosentreter, Bureau of Land diffuse knapweed, spotted knapweed, Department of Fish and Game) have Management, 1387 S. Vinnell Way, Russian knapweed, Scotch thistle, weed-free hay policies in place for lands Boise, ID 83709; telephone (208) 373– Canada thistle, rush skeletonweed, and they manage. The proposed 3824; e-mail _ many others are non-native to the supplementary rules would provide a Roger [email protected]. Persons United States and have no natural standard regulation for all users of BLM- who use a telecommunications device enemies to keep their populations in administered lands in Idaho and for the deaf (TDD) may contact this balance. Consequently, depending on provide for consistent management with individual by calling the Federal the circumstances (e.g., weed(s) National Forest System lands across Information Relay Service (FIRS) at involved, soil type, range condition, and jurisdictional boundaries. (800) 877–8339, 24 hours a day, 7 days climatic influences), these undesirable The proposed supplementary rules a week. weeds may rapidly invade healthy would be implemented by including a SUPPLEMENTARY INFORMATION: ecosystems, displace native vegetation, standard stipulation in all Special Recreation Permits and most other use I. Public Comment Procedures reduce species diversity, destroy wildlife habitat, reduce forage for wild authorizations. Livestock grazing You may mail comments to Roger and domestic ungulates, weaken permits would not need to include such Rosentreter, Bureau of Land rehabilitation and landscape restoration a stipulation because 43 CFR Management, 1387 S. Vinnell Way, efforts, increase soil erosion and stream 4140.1(a)(3) already requires the Boise, ID 83709, or e-mail comments to sedimentation, create fire hazards, and permittee to secure authorization before [email protected]. Written degrade special resource values. supplemental feeding, maintenance comments on the proposed To curb the spread of noxious weeds, feeding, and emergency feeding on supplementary rules should be specific, a growing number of Western states lands administered by the BLM. be confined to issues pertinent to the have jointly developed noxious-weed- The stipulation would require holders proposed supplementary rules, and free forage certification standards, and of affected permits and use explain the reason for any in cooperation with various Federal, authorizations to use certified noxious- recommended change. Where possible, State, and county agencies, have also weed-free forage and straw, to the extent comments should reference the specific passed weed management laws. Idaho they use hay, cubes, and straw on BLM- section or paragraph of the proposal participates in a regional inspection- administered public lands in Idaho. which the comment is addressing. The certification process with Oregon, Affected permittees includes BLM is not obligated to consider or Montana, Washington, Nevada, and recreationists using pack and saddle include in the Administrative Record Wyoming and encourages, on a stock, grazing permittees, outfitters, and for the supplementary rules comments voluntary basis, forage producers in contractors and operators who use straw that the BLM receives after the close of Idaho to grow and request voluntary or mulch for reclamation or re-seeding the comment period (See DATES), unless certification inspections of forage purposes. These individuals or groups they are postmarked or electronically products and straw. would be required to use certified dated before the deadline. Neither is the Because forage products and straw noxious-weed-free forage and straw BLM obligated to consider comments containing noxious weed seed while on BLM-administered public delivered to an address other than the contribute to the spread and lands in Idaho, unless authorized in address listed above (See ADDRESSES). establishment of weed infestations, the writing or when transporting forage Comments—including names, street USFS promulgated regulations in 1996, across public lands from private addresses, and other contact known as a ‘‘Weed Free Hay Order,’’ to property to private property. BLM Idaho information of respondents—will be address this issue. In response to that would allow forage certified by other available for public review at 1387 S. Order, the State of Idaho implemented states to be used as forage on lands Vinnell Way, Boise, ID 83709, during a noxious-weed-free forage and straw administered by Idaho BLM offices. regular business hours (7:30 a.m. to 3:45 certification program in 1997. Under In addition, in cooperation with the p.m., Monday through Friday, except Idaho Code the ISDA wrote regulations USFS hay closure and the Idaho State Federal holidays). Before including your in 2007 (Title 22, Chapter 24 Noxious- Department of Agriculture Noxious- address, phone number, e-mail address, Weed-Free Forage and Straw Rules and Weed-Free Forage and Straw or other personal identifying IDAPA 02.06.31). This program, which Certification (ISDA, NWFFS) program, information in your comment, you is a cooperative effort between the ISDA the BLM is proposing a prohibition on should be aware that your entire and the USFS, was established to limit the use of forage and straw that has not comment—including your personal the introduction and spread of noxious been certified as noxious-weed-free, for

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all BLM-administered public lands contain technical language or jargon that Small Business Regulatory Enforcement within Idaho. The BLM State Office in interferes with their clarity? (3) Does the Fairness Act Idaho, in cooperation with the ISDA, format of the proposed supplementary These proposed supplementary rules will implement a public information rules (grouping and order of sections, do not constitute a ‘‘major rule’’ as plan with the intention of publicizing use of headings, paragraphing, etc.) aid defined at 5 U.S.C. 804(2). They would the supplementary rules and notifying or reduce their clarity? (4) Would the not result in an annual effect on the visitors and land users where they can supplementary rules be easier to economy of $100 million or more, in an purchase state-certified noxious-weed- understand if they were divided into increase in costs or prices, or in free forage and straw. more (but shorter) sections? (5) Is the significant adverse effects on This rule will be effective 45 days description of the proposed competition, employment, investment, after the close of the public comment supplementary rules helpful to your productivity, innovation, or on the period. Similar to other agency closures, understanding of the supplementary ability of United States-based once this rule becomes effective, there rules? How could this description be enterprises to compete with foreign- will be a 60-day grace period for more helpful in making the based enterprises in domestic and enforcement of this rule. This proposal supplementary rules easier to export markets. They would merely is in conformance with all BLM land understand? Please send any comments impose rules regarding the use of use plans within Idaho. The proposed you have on the clarity of the proposed certified noxious-weed-free forage and supplementary rules are consistent with supplementary rules to Roger straw on BLM-administered public and supportive of the statewide Rosentreter, Bureau of Land lands in Idaho. Conservation Plan for the Greater Sage- Management, 1387 S. Vinnell Way, Grouse in Idaho (Idaho Sage-grouse Boise, ID 83709, or email comments to Unfunded Mandates Reform Act Advisory Committee, 2006), which [email protected]. These proposed supplementary rules recommends that the use of weed-free do not impose an unfunded mandate on National Environmental Policy Act forage on public and state lands be State, local, or Tribal governments or required to discourage the spread of The BLM has prepared an the private sector of more than $100 invasive annuals and noxious weeds. environmental assessment (EA) titled million per year, nor do these proposed supplementary rules have a significant IV. Procedural Matters ‘‘Implementation of Requirements for Certified Noxious-Weed-Free Forage or unique effect on State, local, or Tribal Executive Order 12866, Regulatory and Straw On Bureau of Land governments or the private sector. The Planning and Review Management Lands in Idaho’’ and has proposed supplementary rules do not require anything of State, local, or Tribal These supplementary rules are not a found that the proposed supplementary governments. Therefore, the BLM is not significant regulatory action and are not rules would not constitute a major required to prepare a statement subject to review by the Office of Federal action significantly affecting the containing the information required by Management and Budget under quality of the human environment the Unfunded Mandates Reform Act (2 Executive Order 12866. These rules will under Section 102(2)(C) of the National U.S.C. 1531 et seq.). not have an effect of $100 million or Environmental Policy Act of 1969 more on the economy. They will not (NEPA), 42 U.S.C. 4332(2)(C). A detailed Executive Order 12630, Governmental adversely affect, in a material way, the environmental impact statement under Actions and Interference With economy, productivity, competition, NEPA is not required. The BLM has Constitutionally Protected Property jobs, the environment, public health or placed the EA and the Finding of No Rights (Takings) Significant Impact on file in the BLM safety, or State, local, or Tribal The proposed supplementary rules do Administrative Record at the address governments, or communities. These not represent a government action specified in the ADDRESSES section. The proposed supplementary rules will not capable of interfering with create a serious inconsistency or BLM invites the public to review these constitutionally protected property otherwise interfere with an action taken documents. rights. The proposed supplementary or planned by another agency. The Regulatory Flexibility Act rules do not address property rights in proposed supplementary rules do not any form and do not cause the alter the budgetary effects of Congress enacted the Regulatory impairment of anyone’s property rights. entitlements, grants, user fees, or loan Flexibility Act of 1980, as amended, 5 Therefore, the Department of the programs or the right or obligations of U.S.C. 601–612, (RFA) to ensure that Interior has determined that the their recipients, nor do they raise novel Government regulations do not proposed supplementary rules would legal or policy issues. They merely unnecessarily or disproportionately not cause a taking of private property or impose rules regarding the use of burden small entities. The RFA requires require further discussion of takings certified noxious-weed-free forage and a regulatory flexibility analysis if a rule implications under this Executive straw on BLM-administered public would have a significant economic Order. lands in Idaho. impact, either detrimental or beneficial, on a substantial number of small Executive Order 13132, Federalism Clarity of the Supplementary Rules entities. The proposed supplementary The proposed supplementary rules Executive Order 12866 requires each rules do not pertain specifically to will not have a substantial direct effect agency to write regulations that are commercial or governmental entities of on the states, on the relationship simple and easy to understand. We any size but contain rules to protect the between the national government and invite your comments on how to make natural resources and the environment the states, or on the distribution of these proposed supplementary rules on public lands. Therefore, the BLM has power and responsibilities among the easier to understand, including answers determined under the RFA that these various levels of government. The to questions such as the following: (1) proposed supplementary rules would proposed supplementary rules apply in Are the requirements in the proposed not have a significant economic impact only one State, Idaho, and do not supplementary rules clearly stated? (2) on a substantial number of small address jurisdictional issues involving Do the proposed supplementary rules entities. the Idaho State Government. Therefore,

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in accordance with Executive Order administered land that has not been (7) Any person who knowingly or 13132, the BLM has determined that certified as noxious-weed-free. willfully violates the provisions of these these proposed supplementary rules do Restoration, rehabilitation, and supplementary rules may be required to not have sufficient Federalism stabilization projects also are required to appear before a designated United States implications to warrant preparation of a use weed-free straw bales and mulch for Magistrate and may be subject to a fine Federalism Assessment. project work. of not more than $1,000 or Once this rule becomes effective, imprisonment of not more than 12 Executive Order 12988, Civil Justice there will be a 60-day grace period for months, or both, as defined in 43 U.S.C. Reform enforcement of this rule. 1733(a). Such violations may also be Under Executive Order 12988, the (2) The certification program subject to enhanced fines provided for BLM Idaho State Office has determined currently includes 57 weeds that have by 18 U.S.C. 3571. that these proposed supplementary been designated as noxious in Idaho Peter J. Ditton, rules would not unduly burden the under the Idaho State noxious-weed-free judicial system and that they meet the Acting Idaho State Director, Bureau of Land standards, or certified to be free from Management. requirements of sections 3(a) and 3(b)(2) those weeds designated in the North [FR Doc. 2010–23462 Filed 9–20–10; 8:45 am] of the Order. American Weed Free Forage Program BILLING CODE 4310–GG–P Executive Order 13175, Consultation list, which was developed by the North and Coordination With Indian Tribal American Weed Management Governments Association (NAWMA). This NAWMA DEPARTMENT OF THE INTERIOR list currently includes the 57 weeds In accordance with Executive Order designated noxious in Idaho and also Bureau of Land Management 13175, we have found that these includes an additional 15 invasive [LLMTL06000.L12200000.DD0000.252X] proposed supplementary rules do not weeds. BLM Idaho allows forage that include policies that have tribal meets Idaho, NAWMA, or other states’ implications. Since the proposed rules Notice of Temporary Closure of Public standards for certification as noxious- Lands in Fergus County, MT do not change BLM policy as it pertains weed-free. Although weeds may be to Tribes and do not involve Indian added or removed from these various AGENCY: Bureau of Land Management, reservation lands, resources, or property lists, the BLM recognizes this forage as Interior. rights, the BLM has determined that the certified noxious-weed-free as long as it ACTION: Notice of temporary area government-to-government has been marked indicating that it meets closure. relationships should remain unaffected. the standards for certification. SUMMARY: (3) Certified noxious-weed-free hay Notice is hereby given that a Executive Order 13211, Actions temporary closure of public land to Concerning Regulations That must be identified by one of the following: motorized vehicles, hiking, or other Significantly Affect Energy Supply, recreational uses is in effect on 660 Distribution, or Use (a) State certification tag attached to the bale string; acres of public lands administered by These proposed supplementary rules the Lewistown Field Office, Bureau of (b) At least one strand of purple and do not comprise a significant energy Land Management, within the Limekiln yellow (intertwined) bale twine action. The rules will not have an Canyon/Ruby Gulch area. This notice encircling the bale; adverse effect on energy supplies, also applies to a BLM-held easement (c) Blue and orange (intertwined) bale production, or consumption. They only over 80 acres of private land. twine encircling the bale; or address the use of certified noxious- (d) Other colored twine encircling the DATES: This temporary closure will be in weed-free forage and straw on public bale that is used to designate certified effect for 2 years from the date this lands and have no connection with forage. notice is published in the Federal energy policy. (4) Certified noxious-weed-free Register. Paperwork Reduction Act compressed forage bales are identified FOR FURTHER INFORMATION CONTACT: These proposed supplementary rules by yellow binding (strapping) material Willy Frank, Field Manager, 920 NE do not contain information collection with the statement ‘‘ISDA NWFFS’’ and Main St., Lewistown, Montana 59457; requirements that the Office of the manufacturer’s name printed in (406) 538–1918. Persons who use a Management and Budget must approve purple. telecommunications device for the deaf under the Paperwork Reduction Act of (5) Certified noxious-weed-free forage (TDD) may call the Federal Information 1995, 44 U.S.C. 3501 et seq. in bags is identified by a stamp, sticker, Relay Service (FIRS) at 1–800–877–8339 or printing on the bag identifying it as to contact the above individual during Author certified forage. normal business hours. The FIRS is The principal author of these (6) The following persons/activities available 24 hours a day, 7 days a week, proposed supplementary rules is Roger are exempt from this order: to leave a message or question with the Rosentreter, Botanist, Idaho BLM State (a) Any person with a permit or letter above individual. You will receive a Office. signed by a BLM authorized officer reply during normal business hours. specifically authorizing the prohibited SUPPLEMENTARY INFORMATION: This Supplementary Rules To Require the act, such as an authorized livestock temporary closure is in response to a Use of Certified Noxious-Weed-Free permittee during an emergency situation severe wind event that heavily damaged Forage and Straw on Bureau of Land in which livestock must be fed most of the timber within this 660-acre Management-Administered Public uncertified forage or hay for a short block of BLM-managed lands in the Lands in Idaho period of time until they can be moved Judith Mountains Recreation (1) To prevent the spread of noxious to safety; and Management Area in Fergus County, weeds on BLM-administered public (b) Any person transporting hay or Montana. The downed timber is lands in Idaho, it is a prohibited act to forage across public lands from private blocking a portion of a popular loop feed or store forage or straw on BLM- property to private property. hiking trail and, if left in place, will also

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contribute to the potential for The following persons are exempt Commission’s TDD terminal on (202) catastrophic wildland fire. The BLM has from this order: Federal, State, and local 205–1810. contracted for road construction into the officers and employees in the SUPPLEMENTARY INFORMATION: The damaged area, salvage logging, and performance of their official duties; Commission has received a complaint reclamation of the road once salvage members of organized rescue or fire- filed on behalf of LG Electronics, Inc. on logging is completed and administrative fighting forces in the performance of September 15, 2010. The complaint access is no longer needed. In the their official duties; and persons with alleges violations of section 337 of the interim, the mixture of heavy written authorization from the Bureau of Tariff Act of 1930 (19 U.S.C. 1337) in equipment, a narrow temporary road, Land Management. the importation into the United States, logging operations, steep slopes, Penalties: Any person who violates the sale for importation, and the sale tumbling rocks, and other debris in the the above restriction may be tried before within the United States after construction/logging area make the area a United States Magistrate and fined no importation of certain digital televisions unsafe for public use, including more than $1,000, imprisoned for no and components thereof. The complaint motorized vehicles, hiking, or other more than 12 months, or both. Such names as respondents Vizio, Inc. of recreational uses. violations may also be subject to the Irvine, CA; AmTRAN Technology Co., Approximately two-thirds of the loop enhanced fines provided for by 18 Ltd. of Chungho City, Taipei 23553, hiking trail within the Limekiln U.S.C. 3571. Taiwan; and AmTRAN Logistics, Inc. of Canyon/Ruby Gulch area will remain Gary L. ‘‘Stan’’ Benes, Irvine, CA. available for public use. Lewistown District Manager. The complainant, proposed The area closure (including about respondents, other interested parties, one-third of the hiking trail) is necessary Authority: 43 CFR 8364.1. and members of the public are invited to protect the public health and safety [FR Doc. 2010–23467 Filed 9–20–10; 8:45 am] to file comments, not to exceed five and to enhance efficient contract BILLING CODE 4310–DN–P pages in length, on any public interest administration. issues raised by the complaint. The legal description of the affected Comments should address whether lands is: INTERNATIONAL TRADE issuance of an exclusion order and/or a COMMISSION Montana Principal Meridian cease and desist order in this investigation would negatively affect the T. 16 N., R. 19 E., Notice of Receipt of Complaint; public health and welfare in the United Sec. 17, S1⁄2; Solicitation of Comments Relating to States, competitive conditions in the Sec. 20, N1⁄2 NE1⁄4; SE1⁄4 NE1⁄4; N1⁄2 NE1⁄4 the Public Interest 1 1 1 United States economy, the production SE ⁄4; N ⁄2 NW ⁄4; Sec. 21, NW1⁄4 SW1⁄4; W1⁄2 NW1⁄4. AGENCY: U.S. International Trade of like or directly competitive articles in The area described aggregates 660 acres. Commission. the United States, or United States ACTION: Notice. consumers. The BLM will post closure signs at In particular, the Commission is main entry points to the roads and trails SUMMARY: Notice is hereby given that interested in comments that: in the immediate vicinity of the logging the U.S. International Trade (i) Explain how the articles operations. The BLM will also post the Commission has received a complaint potentially subject to the orders are used closure order in the Lewistown Field entitled In Re Certain Digital Televisions in the United States; Office and will keep the public and Components Thereof, DN 2755 ; the (ii) Identify any public health, safety, informed as this project progresses via Commission is soliciting comments on or welfare concerns in the United States local and regional press releases and any public interest issues raised by the relating to the potential orders; posting those releases on the BLM complaint. (iii) Indicate the extent to which like Montana Web site (http://www.blm.gov/ FOR FURTHER INFORMATION CONTACT: or directly competitive articles are mt/st/en.html). Maps of the affected Marilyn R. Abbott, Secretary to the produced in the United States or are areas and other documents associated Commission, U.S. International Trade otherwise available in the United States, with this closure are available on site Commission, 500 E Street, SW., with respect to the articles potentially and at the BLM Lewistown Field Office Washington, DC 20436, telephone (202) subject to the orders; and at 920 NE Main, Lewistown, Montana 205–2000. The public version of the (iv) Indicate whether Complainant, 59457. complaint can be accessed on the Complainant’s licensees, and/or third Further information may be found in Commission’s electronic docket (EDIS) party suppliers have the capacity to the Limekiln Canyon/Ruby Gulch at http://edis.usitc.gov, and will be replace the volume of articles Temporary Closure Environmental available for inspection during official potentially subject to an exclusion order Assessment (EA #MT–060–2010–0029) business hours (8:45 a.m. to 5:15 p.m.) and a cease and desist order within a and in the case file for EA #MT060– in the Office of the Secretary, U.S. commercially reasonable time. 2009–001, the Limekiln/Ruby Timber International Trade Commission, 500 E Written submissions must be filed no Salvage and Thinning Project. Street, SW., Washington, DC 20436, later than by close of business, five Under the authority of Section 303(a) telephone (202) 205–2000. business days after the date of of the Federal Land Policy and General information concerning the publication of this notice in the Federal Management Act of 1976 (43 U.S.C. Commission may also be obtained by Register. There will be further 1733(a)), 43 CFR 8360.0–7, and 43 CFR accessing its Internet server (http:// opportunities for comment on the 8364.1, the BLM will enforce the www.usitc.gov). The public record for public interest after the issuance of any following rule within the Upper this investigation may be viewed on the final initial determination in this Limekiln Canyon in Fergus County, Commission’s electronic docket (EDIS) investigation. Montana: at http://edis.usitc.gov. Hearing- Persons filing written submissions You must not use motorized vehicles, impaired persons are advised that must file the original document and 12 hike, or otherwise enter the public land information on this matter can be true copies thereof on or before the within the closed area. obtained by contacting the deadlines stated above with the Office

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of the Secretary. Submissions should orders on frozen warmwater shrimp Commission’s rules, by 45 days after refer to the docket number (‘‘Docket No. from Brazil, China, India, Thailand, and publication of this notice. A party that 2755’’) in a prominent place on the Vietnam would be likely to lead to filed a notice of appearance following cover page and/or the first page. The continuation or recurrence of material publication of the Commission’s notice Commission’s rules authorize filing injury within a reasonably foreseeable of institution of the reviews need not submissions with the Secretary by time. The Commission has determined file an additional notice of appearance. facsimile or electronic means only to the that these reviews are extraordinarily The Secretary will maintain a public extent permitted by section 201.8 of the complicated, and will therefore exercise service list containing the names and rules (see Handbook for Electronic its authority to extend its time for addresses of all persons, or their Filing Procedures, http://www.usitc.gov/ making its determinations by up to 90 representatives, who are parties to the secretary/fed_reg_notices/rules/ days pursuant to 19 U.S.C. reviews. documents/handbook_on_electronic 1675(c)(5)(B). For further information Limited disclosure of business _filing.pdf). Persons with questions concerning the conduct of these reviews proprietary information (BPI) under an regarding electronic filing should and rules of general application, consult administrative protective order (APO) contact the Secretary (202–205–2000). the Commission’s Rules of Practice and and BPI service list.—Pursuant to Any person desiring to submit a Procedure, part 201, subparts A through section 207.7(a) of the Commission’s document to the Commission in E (19 CFR part 201), and part 207, rules, the Secretary will make BPI confidence must request confidential subparts A, D, E, and F (19 CFR part gathered in these reviews available to treatment. All such requests should be 207). authorized applicants under the APO directed to the Secretary to the DATES: Effective Date: April 28, 2010. issued in the reviews, provided that the application is made by 45 days after Commission and must include a full FOR FURTHER INFORMATION CONTACT: publication of this notice. Authorized statement of the reasons why the Elizabeth Haines (202–205–3200), Office applicants must represent interested Commission should grant such of Investigations, U.S. International parties, as defined by 19 U.S.C. 1677(9), treatment. See 19 CFR § 201.6. Trade Commission, 500 E Street, SW., Documents for which confidential who are parties to the reviews. A party Washington, DC 20436. Hearing- granted access to BPI following treatment by the Commission is impaired persons can obtain properly sought will be treated publication of the Commission’s notice information on this matter by contacting of institution of the reviews need not accordingly. All nonconfidential written the Commission’s TDD terminal on 202– submissions will be available for public reapply for such access. A separate 205–1810. Persons with mobility service list will be maintained by the inspection at the Office of the Secretary. impairments who will need special This action is taken under the Secretary for those parties authorized to assistance in gaining access to the receive BPI under the APO. authority of section 337 of the Tariff Act Commission should contact the Office of 1930, as amended (19 U.S.C. 1337), Staff report.—The prehearing staff of the Secretary at 202–205–2000. report in the reviews will be placed in and of sections 201.10 and 210.50(a)(4) General information concerning the of the Commission’s Rules of Practice the nonpublic record on January 12, Commission may also be obtained by 2011, and a public version will be and Procedure (19 CFR 201.10, accessing its internet server (http:// issued thereafter, pursuant to section 210.50(a)(4)). www.usitc.gov). The public record for 207.64 of the Commission’s rules. Issued: September 16, 2010. theses reviews may be viewed on the Hearing.—The Commission will hold By order of the Commission. Commission’s electronic docket (EDIS) a hearing in connection with the Marilyn R. Abbott, at http://edis.usitc.gov. reviews beginning at 9:30 a.m. on Secretary to the Commission. SUPPLEMENTARY INFORMATION: February 1, 2011, at the U.S. [FR Doc. 2010–23488 Filed 9–20–10; 8:45 am] Background.—On April 9, 2010, the International Trade Commission Commission determined that it should Building. Requests to appear at the BILLING CODE 7020–02–P proceed to full reviews in the subject hearing should be filed in writing with five-year reviews pursuant to section the Secretary to the Commission on or INTERNATIONAL TRADE 751(c)(5) of the Act (75 FR 22424, April before January 25, 2011. A nonparty COMMISSION 28, 2010). The Commission found that who has testimony that may aid the both the domestic and respondent Commission’s deliberations may request [Investigation Nos. 731–TA–1063, 1064, interested party group responses to its permission to present a short statement 1066–1068 (Review)] notice of institution (75 FR 1078, at the hearing. All parties and Frozen Warmwater Shrimp From January 8, 2010) were adequate for each nonparties desiring to appear at the Brazil, China, India, Thailand, and order under review. A record of the hearing and make oral presentations Vietnam Commissioners’ votes, the should attend a prehearing conference Commission’s statement on adequacy, to be held at 9:30 a.m. on January 25, AGENCY: United States International and any individual Commissioner’s 2011, at the U.S. International Trade Trade Commission. statements are available from the Office Commission Building. Oral testimony ACTION: Scheduling of full five-year of the Secretary and at the and written materials to be submitted at reviews concerning the antidumping Commission’s web site. the public hearing are governed by duty orders on frozen warmwater Participation in the reviews and sections 201.6(b)(2), 201.13(f), 207.24, shrimp from Brazil, China, India, public service list.—Persons, including and 207.66 of the Commission’s rules. Thailand, and Vietnam. industrial users of the subject Parties must submit any request to merchandise and, if the merchandise is present a portion of their hearing SUMMARY: The Commission hereby gives sold at the retail level, representative testimony in camera no later than 7 notice of the scheduling of full reviews consumer organizations, wishing to business days prior to the date of the pursuant to section 751(c)(5) of the participate in these reviews as parties hearing. Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) must file an entry of appearance with Written submissions.—Each party to (the Act) to determine whether the Secretary to the Commission, as the reviews may submit a prehearing revocation of the antidumping duty provided in section 201.11 of the brief to the Commission. Prehearing

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briefs must conform with the provisions the Tariff Act of 1930; this notice is DEPARTMENT OF LABOR of section 207.65 of the Commission’s published pursuant to section 207.62 of rules; the deadline for filing is January the Commission’s rules. Employment and Training Administration 20, 2011. Parties may also file written Issued: September 14, 2010. testimony in connection with their By order of the Commission. [TA–W–74,281] presentation at the hearing, as provided Marilyn R. Abbott, in section 207.24 of the Commission’s Humana Insurance Company, a rules, and posthearing briefs, which Secretary to the Commission. Division Of Carenetwork, Inc., Green must conform with the provisions of [FR Doc. 2010–23474 Filed 9–20–10; 8:45 am] Bay, WI; Notice of Affirmative section 207.67 of the Commission’s BILLING CODE 7020–02–P Determination Regarding Application rules. The deadline for filing for Reconsideration posthearing briefs is February 10, 2011; By application dated August 23, 2010, witness testimony must be filed no later DEPARTMENT OF JUSTICE than three days before the hearing. In petitioners requested administrative reconsideration of the negative addition, any person who has not Antitrust Division entered an appearance as a party to the determination regarding workers’ reviews may submit a written statement Notice Pursuant to the National eligibility to apply for Trade Adjustment of information pertinent to the subject of Cooperative Research and Production Assistance (TAA) applicable to workers the reviews on or before February 10, Act of 1993—Robotics Technology and former workers of the subject firm. 2011. On March 7, 2011, the Consortium, Inc. The determination was issued on Commission will make available to August 13, 2010. The Notice of parties all information on which they Correction Determination was published in the have not had an opportunity to In notice document 2010–22215 Federal Register on August 30, 2010 (75 comment. Parties may submit final beginning on page 54914 in the issue of FR 52986). Workers are engaged in comments on this information on or Thursday, July 9, 2010, make the employment related to the supply of health insurance benefits. before March 9, 2011, but such final following corrections: The negative determination comments must not contain new factual 1. On page 54914, in the first column, information and must otherwise comply applicable to workers and former in the sixteenth line below the workers at Humana Insurance Company, with section 207.68 of the Commission’s ‘‘ ’’ document subject, AEB, Inc. should a Division of CareNetwork, Inc., Green rules. All written submissions must ‘‘ ’’ read ABB, Inc. . Bay, Wisconsin was based on the conform with the provisions of section 2. On the same page, in the same 201.8 of the Commission’s rules; any findings that the subject firm did not, column, in the 23rd line below the during the period under investigation, submissions that contain BPI must also document subject, ‘‘BEN Technologies conform with the requirements of shift to a foreign country services like or Corp’’ should read ‘‘BBN Technologies directly competitive with the supply of sections 201.6, 207.3, and 207.7 of the Corp’’. Commission’s rules. The Commission’s health insurance benefits provided by 3. On the same page, in the same the workers or acquire these services rules do not authorize filing of column, in the eighth line from the submissions with the Secretary by from a foreign country; that the workers’ bottom of the page, ‘‘Amstin, TX’’ should separation, or threat of separation, was facsimile or electronic means, except to read ‘‘Austin, TX’’. the extent permitted by section 201.8 of not related to any increase in imports of 4. On the same page, in the same like or directly competitive services; the Commission’s rules, as amended, 67 column, in the last line of the column, FR 68036 (November 8, 2002). Even and that the workers did not supply a ‘‘101–Integrated Consultants, Inc.’’ service that was directly used in the where electronic filing of a document is should read ‘‘ICI–Integrated Consultants, permitted, certain documents must also production of an article or the supply of Inc.’’ service by a firm that employed a be filed in paper form, as specified in 5. On the same page, in the third II(c) of the Commission’s Handbook on worker group that is eligible to apply for column, in the first full paragraph, in TAA based on the aforementioned Electronic Filing Procedures, 67 FR the second and third lines, ‘‘activity of 68168, 68173 (November 8, 2002). article or service. this group research additional written In the request for reconsideration, the Additional written submissions to the membership’’ should read ‘‘ activity of Commission, including requests petitioners provided additional the group research project. Membership pursuant to section 201.12 of the information pertaining to a shift in in this group research project remains Commission’s rules, shall not be services abroad. open, and RTC intends to file additional accepted unless good cause is shown for The Department has carefully written notifications disclosing all accepting such submissions, or unless reviewed the request for reconsideration changes in membership.’’ the submission is pursuant to a specific and the existing record and has 6. On the same page, in the same request by a Commissioner or determined that the Department will column, in the second full paragraph, in Commission staff. conduct further investigation to In accordance with sections 201.16(c) the first through sixth lines, ‘‘On determine if the workers meet the and 207.3 of the Commission’s rules, October 15, pursuant to Section the eligibility requirements of the Trade Act each document filed by a party to the group research project. Membership in of 1974. the project remains open, and RTC reviews must be served on all other Conclusion parties to the reviews (as identified by intends to file notifications disclosing either the public or BPI service list), and all changes. In 2009, RTC filed its After careful review of the a certificate of service must be timely original notification 6(a) of the Act.’’ application, I conclude that the claim is filed. The Secretary will not accept a should read, ‘‘On October 15, 2009, RTC of sufficient weight to justify document for filing without a certificate filed its original notification pursuant to reconsideration of the U.S. Department of service. section 6(a) of the Act.’’ of Labor’s prior decision. The Authority: These reviews are being [FR Doc. C1–2010–22215 Filed 9–20–10; 8:45 am] application is, therefore, granted. conducted under authority of title VII of BILLING CODE 1505–01–D

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Signed at Washington, DC, this 9th day of change, and may be made available must ensure an adequate number of September 2010. online at http://www.regulations.gov. qualified personnel to fulfill the Del Min Amy Chen, For further information on submitting purposes of the Act, provide them with Certifying Officer, Office of Trade Adjustment comments see the ‘‘Public Participation’’ short-term training, inform them of the Assistance. heading in the section of this notice importance and proper use of safety and [FR Doc. 2010–23495 Filed 9–20–10; 8:45 am] titled SUPPLEMENTARY INFORMATION. health equipment, and train employers BILLING CODE 4510–FN–P Docket: To read or download and workers to recognize, avoid, and comments or other material in the prevent unsafe and unhealthful working docket, go to http://www.regulations.gov conditions. DEPARTMENT OF LABOR or the OSHA Docket Office at the Under Section 21, the Agency awards address above. All documents in the grants to non-profit organizations to Occupational Safety and Health docket (including this Federal Register provide part of the required training. To Administration notice) are listed in the http:// obtain such a grant, an organization [Docket No. OSHA–2010–0029] www.regulations.gov index; however, must complete the training grant some information (e.g., copyrighted application. OSHA uses the information Application for Training Grant; material) is not publicly available to in this application to evaluate: The Extension of the Office of Management read or download through the Web site. organization’s competence to provide and Budget’s (OMB) Approval of All submissions, including copyrighted the proposed training (including the Information Collection (Paperwork) material, are available for inspection qualifications of the personnel who Requirements and copying at the OSHA Docket Office. manage and implement the training); To obtain a copy of the ICR, you may the goals and objectives of the proposed AGENCY: Occupational Safety and Health contact Theda Kenney or Todd Owen at training program; a workplan that Administration (OSHA), Labor. the Directorate of Standards and describes in detail the tasks that the ACTION: Request for public comment. Guidance, OSHA, U.S. Department of organization will implement to meet Labor, Room N–3609, 200 Constitution these goals and objectives; the SUMMARY: OSHA solicits public Avenue, NW., Washington, DC 20210; appropriateness of the proposed costs; comments concerning its proposal to telephone: (202) 693–2222. and compliance with Federal extend the Office of Management and FOR FURTHER INFORMATION CONTACT: regulations governing nonprocurement Budget’s (OMB) approval of the Technical: Kimberly A. Newell, OSHA debarment and suspension, maintaining information collection requirements Directorate of Training and Education, a drug-free workplace, and lobbying contained in the Training Grant 2020 S. Arlington Heights Road, activities. Also required is a program Application. Arlington Heights, IL 60005–4102; summary that Agency officials use to DATES: Comments must be submitted telephone: (847) 759–7700; e-mail: review and evaluate the highlights of (postmarked, sent, or received) by [email protected]. the overall proposal. After awarding a training grant, OSHA November 22, 2010. SUPPLEMENTARY INFORMATION: ADDRESSES: uses the work plan and budget Electronically: You may submit I. Background information provided in the application comments and attachments The Department of Labor, as part of its to monitor the organization’s progress in electronically at http:// continuing effort to reduce paperwork meeting training goals and objectives, as www.regulations.gov, which is the and respondent (i.e., employer) burden, well as planned expenditures. The Federal eRulemaking Portal. Follow the conducts a preclearance consultation initial grant award is for one year. instructions online for submitting program to provide the public with an II. Special Issues for Comment comments. opportunity to comment on proposed OSHA has a particular interest in Facsimile: If your comments, and continuing information collection comments on the following issues: including attachments, are not longer requirements in accordance with the • Whether the proposed information than 10 pages, you may fax them to the Paperwork Reduction Act of 1995 (44 collection requirements are necessary OSHA Docket Office at (202) 693–1648. U.S.C. 3506(c)(2)(A)). This program for the proper performance of the Mail, hand delivery, express mail, ensures that information is in the Agency’s functions, including whether messenger, or courier service: When desired format, reporting burden (time the information is useful; using this method, you must submit and costs) is minimal, collection • The accuracy of the Agency’s three copies of your comments and instruments are clearly understood, and estimate of the burden (time and costs) attachments to the OSHA Docket Office, OSHA’s estimate of the information of the information collection Docket Number OSHA–2010–0029, U.S. collection burden is accurate. The requirements, including the validity of Department of Labor, Room N–2625, Occupational Safety and Health Act of the methodology and assumptions used; 200 Constitution Avenue, NW., 1970 (the OSH Act) authorizes • The quality, utility, and clarity of Washington, DC 20210. Deliveries information collection by employers as the information collected; and (hand, express mail, messenger, and necessary or appropriate for • Ways to minimize the burden on courier service) are accepted during the enforcement of the OSH Act or for employers who must comply; for Department of Labor’s and Docket developing information regarding the example, by using automated or other Office’s normal business hours, 8:15 causes and prevention of occupational technological information collection a.m. to 4:45 p.m., e.t. injuries, illnesses, and accidents (29 and transmission techniques. Instructions: All submissions must U.S.C. 657). include the Agency name and OSHA Section 21 of the OSH Act (29 U.S.C. III. Proposed Actions docket number for this Information 670) authorizes the Occupational Safety OSHA is requesting that OMB extend Collection Request (ICR) (OSHA–2010– and Health Administration (‘‘OSHA’’ or its approval of the information 0029). All comments, including any the ‘‘Agency’’) to conduct directly, or collection requirements contained in the personal information you provide, are through grants and contracts, education Training Grant Application. The Agency placed in the public docket without and training courses. These courses is requesting to increase its current

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burden hour estimate associated with some information (e.g., copyrighted Paid Through New Albertsons, Inc., the Training Grant Application ICR from material) is not publicly available to Franklin Park, Illinois 10,166 hours to 11,480 hours for a total read or download through this Web site. SUPERVALU, Inc., IT and Finance increase of 1,314 hours. The increase All submissions, including copyrighted Departments, Including Workers Whose Unemployment Insurance (UI) Wages Are mainly results from an increase in the material, are available for inspection Paid Through New Albertsons, Inc., number of grant applications received and copying at the OSHA Docket Office. Milford, Ohio during the last three fiscal years (FY07– Information on using the http:// SUPERVALU, Inc., IT and Finance FY09). The Agency will summarize the www.regulations.gov Web site to submit Departments, Including Workers Whose comments submitted in response to this comments and access the docket is Unemployment Insurance (UI) Wages Are notice, and will include this summary available at the Web site’s ‘‘User Tips’’ Paid Through New Albertsons, Inc., in the request to OMB. link. Contact the OSHA Docket Office Dublin, California Type of Review: Extension of a for information about materials not SUPERVALU, Inc., Formerly Known As New Albertsons, IT and Finance Departments, currently approved collection. available through the Web site, and for Including Workers Whose Unemployment Title: Application for Training Grant. assistance in using the Internet to locate Insurance (UI) Wages Are Paid Through OMB Number: 1218–0020. docket submissions. New Albertsons, Inc., Virginia Beach, Affected Public: Not-for-profit Electronic copies of this Federal Virginia institutions. Register document are available at SUPERVALU, Inc., IT and Finance Number of Respondents: 205. http://www.regulations.gov. This Departments, Including Workers Whose Frequency: Annually. document, as well as news releases and Unemployment Insurance (UI) Wages Are Total Responses: 205. other relevant information, also are Paid Through New Albertsons, Inc., Including On-Site Leased Workers From Average Time per Response: 56 hours. available at OSHA’s Web page at http:// Estimated Total Burden Hours: 11,480 Global Resources and Professional www.osha.gov. hours. Employment Services, Phoenix, Arizona Estimated Cost (Operation and V. Authority and Signature SUPERVALU, Inc., IT and Finance Maintenance): $0. Departments, Including Workers Whose David Michaels, PhD, MPH, Assistant Unemployment Insurance (UI) Wages Are IV. Public Participation—Submission of Secretary of Labor for Occupational Paid Through New Albertsons, Inc., Comments on This Notice and Internet Safety and Health, directed the Malvern, Pennsylvania Access to Comments and Submissions preparation of this notice. The authority SUPERVALU, Inc., IT and Finance for this notice is the Paperwork Departments, Including Workers Whose You may submit comments in Unemployment Insurance (UI) Wages Are response to this document as follows: Reduction Act of 1995 (44 U.S.C. 3506 Paid Through New Albertsons, Inc., (1) Electronically at http:// et seq.) and Secretary of Labor’s Order Portland, Oregon www.regulations.gov, which is the No. 5–2007 (72 FR 31160). SUPERVALU, Inc., IT and Finance Federal eRulemaking Portal; (2) by Signed at Washington, DC, on September 8, Departments, Including Workers Whose 2010. Unemployment Insurance (UI) Wages Are facsimile (fax); or (3) by hard copy. All Paid Through New Albertsons, Inc., comments, attachments, and other David Michaels, Aurora, Colorado material must identify the Agency name Assistant Secretary of Labor for Occupational SUPERVALU, Inc., IT and Finance and the OSHA docket number for this Safety and Health. Departments, Including Workers Whose ICR (OSHA Docket No. OSHA–2010– [FR Doc. 2010–23491 Filed 9–20–10; 8:45 am] Unemployment Insurance (UI) Wages Are 0029). You may supplement electronic BILLING CODE 4510–26–P Paid Through New Albertsons, Inc., submissions by uploading document Lanham, Maryland files electronically. If you wish to mail SUPERVALU, Inc., IT and Finance DEPARTMENT OF LABOR Departments, Including Workers Whose additional materials in reference to an Unemployment Insurance (UI) Wages Are electronic or a facsimile submission, Employment and Training Paid Through New Albertsons, Inc., Las you must submit them to the OSHA Vegas, Nevada Docket Office (see the section of this Administration SUPERVALU, Inc., IT and Finance notice titled ADDRESSES). The additional [TA–W–72,251; TA–W–72,251A; TA–W– Departments, Including Workers Whose materials must clearly identify your 72,251B; TA–W–72,251C; TA–W–72,251D; Unemployment Insurance (UI) Wages Are electronic comments by your name, TA–W–72,251E; TA–W–72,251F; TA–W– Paid Through New Albertsons, Inc., date, and docket number so the Agency 72,251G; TA–W–72,251H; TA–W–72,251I; Spokane, Washington can attach them to your comments. TA–W–72,251J; TA–W–72,251K; TA–W– SUPERVALU, Inc., IT and Finance 72,251L; TA–W–72,251M; TA–W–72,251N] Departments, Including Workers Whose Because of security procedures, the Unemployment Insurance (UI) Wages Are use of regular mail may cause a Amended Certification Regarding Paid Through New Albertsons, Inc., Fort significant delay in the receipt of Wayne, Indiana comments. For information about Eligibility To Apply for Worker SUPERVALU, Inc., IT and Finance security procedures concerning the Adjustment Assistance Departments, Including Workers Whose Unemployment Insurance (UI) Wages Are delivery of materials by hand, express SUPERVALU, Inc., IT and Finance Paid Through New Albertsons, Inc., West delivery, messenger or courier service, Departments, Including Workers Whose Bridgewater, Massachusetts please contact the OSHA Docket Office Unemployment Insurance (UI) Wages Are at (202) 693–2350, (TTY (877) 889– Paid Through New Albertsons, Inc., In accordance with Section 223 of the 5627). Including On-Site Leased Workers From Trade Act of 1974, as amended (‘‘Act’’), Comments and submissions are Volt Services Group, Boise, Idaho 19 U.S.C. 2273, the Department of Labor posted without change at http:// SUPERVALU, Inc., Formerly Known As New issued a Certification of Eligibility to www.regulations.gov. Therefore, OSHA Albertsons, IT and Finance Departments, Apply for Worker Adjustment Including Workers Whose Unemployment cautions commenters about submitting Insurance (UI) Wages Are Paid Through Assistance on January 15, 2010, personal information such as social New Albertsons, Inc., Salt Lake, Utah applicable to workers of SUPERVALU, security numbers and date of birth. SUPERVALU, Inc., IT and Finance Inc., IT and Finance Departments, Although all submissions are listed in Departments, Including Workers Whose including leased workers from Volt the http://www.regulations.gov index, Unemployment Insurance (UI) Wages Are Services Group, Boise, Idaho (TA–W–

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72,251); SUPERVALU, Inc., IT and Group, Boise, Idaho (TA–W–72,251); Signed at Washington, DC this 7th day of Finance Departments, Salt Lake, Utah SUPERVALU, Inc., IT and Finance September 2010. (TA–W–72,251A); SUPERVALU, Inc., IT Departments, including workers whose Elliott S. Kushner, unemployment insurance (UI) wages are paid and Finance Departments, Franklin Certifying Officer, Division of Trade through New Albertsons, Inc., Salt Lake, Adjustment Assistance. Park, Illinois (TA–W–72,251B); Utah (TA–W–72,251A); SUPERVALU, Inc., SUPERVALU, Inc., IT and Finance IT and Finance Departments, including [FR Doc. 2010–23499 Filed 9–20–10; 8:45 am] Departments, Milford, Ohio (TA–W– workers whose unemployment insurance (UI) BILLING CODE 4510–FN–P 72,251C); SUPERVALU, Inc., IT and wages are paid through New Albertsons, Inc., Finance Departments, Dublin, California Franklin Park, Illinois (TA–W–72,251B); (TA–W–72,251D); SUPERVALU, Inc., IT SUPERVALU, Inc., IT and Finance DEPARTMENT OF LABOR and Finance Departments, Virginia Departments, including workers whose Beach, Virginia (TA–W–72,251E); unemployment insurance (UI) wages are paid Employment and Training through New Albertsons, Inc., Milford, Ohio Administration SUPERVALU, Inc., IT and Finance (TA–W–72,251C); SUPERVALU Inc., IT and Departments, including leased workers Finance Departments, including workers from Global Resources and Professional whose unemployment insurance (UI) wages [TA–W–72,575] Employment Services, Phoenix, Arizona are paid through New Albertsons, Inc., (TA–W–72,251F); SUPERVALU, Inc., IT Dublin, California (TA–W–72,251D); Dell Products LP, Winston-Salem (WS– and Finance Departments, Malvern, SUPERVALU, Inc., IT and Finance 1) Division, Including On-Site Leased Pennsylvania (TA–W–72,251G); Departments, including workers whose Workers From Adecco, Spherion, SUPERVALU, Inc., IT and Finance unemployment insurance (UI) wages are paid Patriot Staffing, Manpower, through New Albertsons, Inc., Virginia Departments, Portland, Oregon (TA–W– Teksystems, APN, ICONMA, Staffing Beach, Virginia (TA–W–72,251E); Solutions, South East and OMNI 72,251H); SUPERVALU, Inc., IT and SUPERVALU, Inc., IT and Finance Finance Departments, Aurora, Colorado Departments, including workers whose Resources and Recovery, Winston- (TA–W–72,251I); SUPERVALU, Inc., IT unemployment insurance (UI) wages are paid Salem, NC; Amended Certification and Finance Departments, Lanham, through New Albertsons, Inc., including Regarding Eligibility To Apply for Maryland (TA–W–72,251J); leased workers from Global Resources and Worker Adjustment Assistance SUPERVALU, Inc., IT and Finance Professional Employment Services, Phoenix, Arizona (TA–W–72,251F); SUPERVALU, In accordance with Section 223 of the Departments, Las Vegas, Nevada (TA– Inc., IT and Finance Departments, including Trade Act of 1974, as amended (‘‘Act’’), W–72,251K); SUPERVALU, Inc., IT and workers whose unemployment insurance (UI) 19 U.S.C. 2273, the Department of Labor Finance Departments, Spokane, wages are paid through New Albertsons, Inc., issued a Certification of Eligibility to Washington (TA–W–72,251L); Malvern, Pennsylvania (TA–W–72,251G); Apply for Worker Adjustment SUPERVALU, Inc., IT and Finance SUPERVALU, Inc., IT and Finance Assistance on March 1, 2010, applicable Departments, Fort Wayne, Indiana (TA– Departments, including workers whose unemployment insurance (UI) wages are paid to workers of Dell Products LP, W–72,251M); SUPERVALU, Inc., IT and Winston-Salem (WS–1) Division, Finance Departments, West through New Albertsons, Inc., Portland, Oregon (TA–W–72,251H); SUPERVALU, Inc., including on-site leased workers from Bridgewater, Massachusetts (TA–W– IT and Finance Departments, including Adecco, Spherion, Patriot Staffing, 72,251N). The notice was published in workers whose unemployment insurance (UI) Manpower, TEKsystems, APN and the Federal Register on February 16, wages are paid through New Albertsons, Inc., ICONMA, Winston-Salem, North 2010 (75 FR 7037). Aurora, Colorado (TA–W–72,251I); Carolina. The notice was published in At the request of the State agency, the SUPERVALU, Inc., IT and Finance the Federal Register on April 23, 2010 Department reviewed the certification Departments, including workers whose (75 FR 21361). The notice was amended for workers of the subject firm. The unemployment insurance (UI) wages are paid on March 30, 2010 to include on-site workers are engaged in employment through New Albertsons, Inc., Lanham, leased workers from Staffing Solutions, related to the supply of information Maryland (TA–W–72,251J); SUPERVALU, Inc., IT and Finance Departments, including South East. The notice was published in technology and finance services. workers whose unemployment insurance (UI) the Federal Register on April 19, 2010 New information shows that in June wages are through New Albertsons, Inc., Las 2006, SUPERVALU, Inc. purchased New (75 FR 20385) Vegas, Nevada (TA–W–72,251K); At the request of the State agency, the Albertsons, Inc. Some workers separated SUPERVALU, Inc., IT and Finance Department reviewed the certification from employment at the subject firms Departments, including workers whose have their wages reported under a unemployment insurance (UI) wages are paid for workers of the subject firm. The separate unemployment insurance (UI) through New Albertsons, Inc., Spokane, workers are engaged in employment tax account for New Albertsons, Inc. Washington (TA–W–72,251L); SUPERVALU, related to the production of desktop Accordingly, the Department is Inc., IT and Finance Departments, including computers. workers whose unemployment insurance (UI) New information shows that workers amending this certification to properly wages are paid through New Albertsons, Inc., reflect this matter. leased from Omni Resources and Fort Wayne, Indiana (TA–W–72,251M); Recovery were employed on-site at the The intent of the Department’s SUPERVALU, Inc., IT and Finance certification is to include all workers of Departments, including workers whose Winston-Salem, North Carolina location the subject firm who were adversely unemployment insurance (UI) wages are paid of Dell Products LP, Winston-Salem affected by acquisition in services through New Albertsons, Inc., West (WS–1) Division. The Department has related to the supply of information Bridgewater, Massachusetts (TA–W– determined that on-site workers from technology and finance. 72,251N), who became totally or partially Omni Resources and Recovery were The amended notice applicable to separated from employment on or after sufficiently under the control of the TA–W–72,251 is hereby issued as September 2, 2008 through January 15, 2012, subject firm to be covered by this and all workers in the group threatened with follows: certification. total or partial separation from employment Based on these findings, the All workers of SUPERVALU, Inc., IT and on the date of certification through two years Finance Departments, including workers from the date of certification, are eligible to Department is amending this whose unemployment insurance (UI) wages apply for adjustment assistance under certification to include workers leased are paid through New Albertsons, Inc., Chapter 2 of Title II of the Trade Act of 1974, from Omni Resources and Recovery including leased workers from Volt Services as amended. working on-site at the Winston-Salem,

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North Carolina location of Dell Products sufficiently under the control of the firm. The workers are engaged in the LP, Winston-Salem (WS–1) Division. subject firm to be considered leased production of base station antennas and The amended notice applicable to workers. mounting kits. TA–W–72,575 is hereby issued as Based on these findings, the The company reports that workers follows: Department is amending this leased from Administaff, Inc. were ‘‘All workers of Dell Products LP, Winston- certification to include workers leased employed on-site at the Hickory, North Salem (WS–1) Division, including on-site from Compuware Corporation working Carolina location of Amphenol Antenna leased workers of Adecco, Spherion, Patriot on-site at the Detroit, Michigan location Solutions, a subsidiary of Amphenol Staffing, Manpower, TEKsystems, APN, of EDS, an HP Company, a subsidiary of Corporation, formerly known as ICONMA, and Staffing Solutions, South East, Hewlett-Packard Company. Jaybeam Wireless. The Department has and Omni Resources and Recovery, Winston- The amended notice applicable to determined that these workers were Salem, North Carolina, who became totally or TA–W–72,291 is hereby issued as sufficiently under the control of the partially separated from employment on or follows: after October 13, 2008 through March 1, subject firm to be considered leased 2012, and all workers in the group threatened All workers of EDS, an HP Company, a workers. with total or partial separation from subsidiary of Hewlett-Packard Company, Based on these findings, the employment on date of certification through including on-site leased workers from Department is amending this two years from the date of certification, are Compuware Corporation, Detroit, Michigan, certification to include workers leased eligible to apply for adjustment assistance who became totally or partially separated from Administaff, Inc. working on-site under Chapter 2 of Title II of the Trade Act from employment on or after September 11, at the Hickory, North Carolina location of 1974, as amended.’’ 2008, through December 17, 2011, and all of Amphenol Antenna Solutions, a workers in the group threatened with total or subsidiary of Amphenol Corporation, partial separation from employment on the Signed at Washington, DC, this 31st day of formerly known as Jaybeam Wireless. date of certification through two years from August 2010. the date of certification, are eligible to apply The amended notice applicable to Del Min Amy Chen, for adjustment assistance under Chapter 2 of TA–W–72,096 is hereby issued as Certifying Officer, Office of Trade Adjustment Title II of the Trade Act of 1974, as amended. follows: Assistance. ‘‘All workers of Amphenol Antenna [FR Doc. 2010–23501 Filed 9–20–10; 8:45 am] Signed at Washington, DC this 9th day of Solutions, a subsidiary of Amphenol September 2010. BILLING CODE 4510–FN–P Corporation, formerly known as Jaybeam Elliott S. Kushner, Wireless, including on-site leased workers Certifying Officer, Division of Trade from Manpower, Accurate Staffing and DEPARTMENT OF LABOR Adjustment Assistance. Administaff, Inc., Hickory, North Carolina, who became totally or partially separated [FR Doc. 2010–23500 Filed 9–20–10; 8:45 am] Employment and Training from employment on or after August 14, BILLING CODE 4510–FN–P 2008, through July 9, 2012, and all workers Administration in the group threatened with total or partial [TA–W–72,291] separation from employment on the date of DEPARTMENT OF LABOR certification through two years from the date EDS, an HP Company, A Subsidiary of of certification, are eligible to apply for Hewlett-Packard Company Including Employment and Training adjustment assistance under Chapter 2 of On-Site Leased Workers from Administration Title II of the Trade Act of 1974, as amended.’’ Compuware Comporation, Detroit, [TA–W–72,096] Michigan; Amended Certification Regarding Eligibility To Apply for Amphenol Antenna Solutions, a Signed at Washington, DC, this 7th day of September 2010. Worker Adjustment Assistance Subsidiary of Amphenol Corporation, Formerly Known as Jaybeam Wireless, Elliott S. Kushner, In accordance with Section 223 of the Including On-Site Leased Workers Certifying Officer, Division of Trade Trade Act of 1974, as amended (‘‘Act’’), From Manpower, Accurate Staffing and Adjustment Assistance. 19 U.S.C. 2273, the Department of Labor Administaff, Inc. Hickory, NC; [FR Doc. 2010–23498 Filed 9–20–10; 8:45 am] issued a Certification of Eligibility to Amended Certification Regarding BILLING CODE 4510–FN–P Apply for Worker Adjustment Eligibility To Apply for Worker Assistance on December 17, 2009, Adjustment Assistance applicable to workers of EDS, an HP DEPARTMENT OF LABOR Company, a subsidiary of Hewlett- In accordance with section 223 of the Packard Company, Detroit, Michigan. Trade Act of 1974, as amended (‘‘Act’’), Bureau of Labor Statistics The notice was published in the Federal 19 U.S.C. 2273, the Department of Labor Summary of Comments Register on February 16, 2010 (75 FR issued a Certification of Eligibility to 7033). Apply for Worker Adjustment AGENCY: Bureau of Labor Statistics. At the request of the State agency, the Assistance on July 9, 2010, applicable to ACTION: Notice of comments received Department reviewed the certification workers of Amphenol Antenna and final definition of green jobs. for workers of the subject firm. The Solutions, a subsidiary of Amphenol workers are engaged in activities related Corporation, formerly known as SUMMARY: The Bureau of Labor Statistics to information technology (IT) Jaybeam Wireless, including on-site (BLS) is responsible for developing and outsourcing services. leased workers from Manpower and implementing the collection of new data New information shows that workers Accurate Staffing, Hickory, North on green jobs. The resulting information leased from Compuware Corporation Carolina. The notice was published in will be useful for evaluating policy were employed on-site at the Detroit, the Federal Register on July 26, 2010 initiatives and the labor market impact Michigan location of EDS, an HP (75 FR 43559). of economic activity related to Company, a subsidiary of Hewlett- At the request of a company official, protecting the environment and Packard Company. The Department has the Department reviewed the conserving natural resources. BLS determined that these workers were certification for workers of the subject activities also will be useful to State

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labor market information offices in their comments and recommendations from encouraged BLS to narrow the efforts to meet the need for information the public on the definition, industry definition, with one of these comments for State policymakers, businesses, and list, or any other aspect of the citing policy needs for credible and job seekers. information provided in the notice. BLS concrete data, and one of these In a Federal Register Notice on March was interested in comments on: comments expressing the fear that the 16, 2010 (75 FR 12571), BLS solicited 1. Whether the definition of green jobs definition of green becomes so broad as comments on the definition BLS will is clear and understandable. to make it not useful. use in measuring green jobs, the list of 2. The comprehensiveness of the Two comments recommended industries where green goods or services definition, including the composition of wording changes to reference ‘‘growing are classified, or any other aspect of the the set of economic activities in which the economic engine’’ or ‘‘promoting information provided in the notice. The green jobs are involved and the types of sustainability.’’ BLS has not adopted current notice summarizes the green goods and services. these changes, as they suggest policy comments received and the BLS 3. Whether the distribution of green positions or advocacy roles response to the comments, and provides goods should be included as green inappropriate for a statistical agency. the final BLS definition of green jobs for services. Whether the distribution of green use in data collection. 4. Whether the preparation and sale of goods should be included as green Appendices. This notice includes four organic food by restaurants and food services. Thirty-one comments appendices in the SUPPLEMENTARY service industries should be included as addressed whether distribution of green INFORMATION section below. Appendix I green services. goods should be included in the BLS summarizes the comments received on The following summary addresses the definition of green goods and services. the proposed definition of green jobs comments received on each of these The proposed BLS definition includes and the BLS response. Appendix II questions, followed by comments on services that specialize in the presents the final definition of green other topics related to the definition of distribution of green goods, including jobs BLS will use for data collection green jobs. Comments related to data certain detailed industries in the North beginning in FY 2011. Appendix III collection plans are summarized in American Industry Classification summarizes comments on identifying Appendix IV. System (NAICS) sectors of Whether the definition of green jobs is industries where green goods and Transportation and Warehousing, clear and understandable. Three services are classified and the approach Wholesale Trade, Retail Trade, and Real comments asked for clarification of the BLS intends to use for data collection Estate and Rental and Leasing. broad definition of green jobs. One beginning in FY 2011. Appendix IV Including these industries would result comment noted that, by using both the summarizes comments received on the in the identification of green jobs in, for output and process approaches, BLS is BLS plan to measure green jobs and the example, trucking, grocery stores, and trying to encompass the broadest BLS response. motor vehicle dealers. definition of green jobs, although one Thirteen comments recommended ADDRESSES: For further information, would want to know the degree of excluding distribution activities. Most contact Richard Clayton, Office of overlap between the two approaches. of these comments based their Industry Employment Statistics, Bureau BLS agrees this overlap is of interest; the recommendation on lack of skill of Labor Statistics, Room 4840, 2 data BLS will collect will provide an differences for workers involved in Massachusetts Avenue, NE., indication but not a direct measure of distributing green goods versus those Washington, DC 20212 or by e-mail to: the overlap. distributing other goods. In response, [email protected]. One comment questioned whether BLS notes that its green jobs definition FOR FURTHER INFORMATION CONTACT: certain workers would be included, is not based on skill differences, but Richard Clayton, Office of Industry such as a sustainability manager in a instead on the environmental impact of Employment Statistics, Bureau of Labor business that is not producing a green the good or service produced or the Statistics, telephone number 202–691– good or service. BLS responds that jobs production process used. Several 5185 (this is not a toll-free number), or with the titles listed in the comment comments expressed concerns about the by e-mail to: [email protected]. would be captured by either of the two feasibility and cost of data collection in SUPPLEMENTARY INFORMATION: measurement approaches, depending on the distribution sectors. where these jobs occur. Ten comments recommended I. Summary of Comments on the Green One comment noted that the including distribution only on the basis Jobs Definition and BLS Response definition should clearly include of whether the distribution process is In response to the March 16, 2010, development, production, installation, green (e.g., use of energy-efficiency Federal Register Notice, BLS received and maintenance activities that vehicles). BLS responds that 156 comments. The largest number of contribute to protecting the distribution activities conducted using comments was from business or environment and conserving natural environmentally friendly production industry associations (44 comments), resources. BLS has modified the processes will be addressed in the followed by State workforce agencies descriptions of the relevant categories to process approach to data collection. (22), private employers (20), labor specifically mention research and Eight comments recommended unions (16), individuals (15), other State development, installation, and including distribution. One commenter or local government (14), academic or maintenance. noted that their State green jobs survey research organizations (9), Federal The comprehensiveness of the had identified jobs in the transportation agencies (8), and nonprofit definition. Ten comments addressed the industry and related occupations. BLS organizations (8). BLS reviewed and broad definition of green jobs. Three notes that it is unclear in this State considered all comments and made comments agreed with the broad survey whether these jobs were reported certain changes in the green jobs definition, with one of these comments because of the nature of the good being definition and industry list, as described noting that this is a new area for data transported or the nature of the below. collection and the dimensions are production process. In the March 16, 2010, Federal somewhat unknown until data Five comments recommended Register Notice, BLS requested collection occurs. Three comments including distribution but narrowing the

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scope of what is included. These packaged food, reduces packaging waste instance where development and comments would narrow the scope and using composting practices diverts implementation are listed. BLS agrees variously, such as limited to ‘‘the extent waste from the landfill. BLS notes that that green goods maintenance services a distributor deals predominantly or these practices are not inherent to should be included and has changed the exclusively in green goods;’’ only if ‘‘the organic foods. descriptions for the relevant categories. primary function is green related;’’ only Three comments recommended One comment noted that the if ‘‘the overall net impact of those jobs including this activity only on the basis categories are highly integrated and not is positive or neutral at best;’’ and if ‘‘the of whether the process is green; another necessarily independent. BLS agrees distribution services are a subdivision of comment said that if the activity is with this comment. The categories do a company that is selling energy counted as a green service, then it overlap and are not intended to be efficient or organic produce, then the should not be counted in the process mutually exclusive. The purpose of the distribution costs for that percentage of approach. categories is to establish the scope of the business should be included.’’ BLS has determined to exclude green jobs. BLS may decide to tabulate Three comments recommended BLS preparation and sale of organic food data from the green goods and services investigate local and regional food from its definition of green goods and survey according to these categories, networks or include locally produced services. Preparing or selling organic recognizing that such a tabulation foods as green. BLS responds that food food has no apparent benefit to the would sum to greater than the total producers who distribute locally and environment compared to preparing or number of green jobs identified, and businesses that purchase locally selling other food. requires clear explanation to data users. produced food have adopted an Need for a standardized definition of Alternatively, BLS could assign each environmentally friendly process that green jobs. Thirteen comments noted industry where green goods or services will be covered in the process survey. the need for a standardized national are produced to only one category, so BLS has determined to exclude definition of green jobs, and some the categories sum to the total number distribution of green goods from its comments indicated an expectation that of green jobs identified. definition of green goods and services. the BLS definition would be adopted for One comment supported the use of Transporting or selling a green good has other than statistical purposes. BLS ‘‘reduction’’ throughout the definition, no apparent benefit to the environment responds that it is developing the but noted that this does not address the compared to transporting or selling any definition of green jobs only for use in goal of environmental sustainability and other good. collecting and analyzing data. Other climate stability. The comment stated Whether the preparation and sale of uses of the definition have played no that ‘‘while the seven economic organic food by restaurants and food role in its development. activities are comprehensive * * * they service industries should be included as Job quality and worker characteristics. do not capture the underpinnings of green services. Twenty-two comments Eleven comments expressed concerns business and industry that create these responded to this question. The about the statement in the Federal economic activities and their associated proposed BLS definition includes Register Notice that the definition does environmental outcomes. It would help services classified in Accommodation not consider job aspects unrelated to the to articulate the management policies and Food Services industries such as work itself, such as wages, union and operational systems that lead to restaurants, caterers, and cafeterias. membership, benefits, or career ladders. these outcomes.’’ BLS responds that it is Ten comments recommended Some of these comments urged BLS to unclear how the commenter would excluding this activity from the use criteria such as worker health and change the definition or data collection. definition of green goods and services. safety, wages and benefits, and career BLS has determined to consolidate Generally, these comments noted that pathways. BLS responds that using such the seven categories into five categories the environmental benefit of organic criteria would require BLS to determine, for green goods and services and four food is in the production stage, not in for example, what level of worker safety categories for environmentally friendly the preparation and sale. Several is high enough for the job to be included production processes. Additionally, BLS comments expressed concerns that as a green job. Making such has determined to modify the term including this activity would lead to determinations would be inappropriate ‘‘categories of green economic activity’’ overcounting the number of green jobs. for a statistical agency, which must to ‘‘categories of green goods and One comment that recommended refrain from policy advocacy to services’’ and ‘‘categories of green excluding this activity noted an maintain its credibility among data technologies and practices used within inconsistency in the proposed definition users. However, data users may make establishments.’’ See Appendix II of this in the treatment of organic food use of information on worker safety, notice. products versus goods containing wages, and other topics to select jobs Category 1, Renewable energy. Five recycled inputs. BLS agrees with this from the BLS data that meet their own comments addressed category 1. One comment and has addressed this criteria regarding these topics. comment recommended that BLS merge inconsistency in its final definition. Two comments cited the need for this category with categories 2 (energy Eight comments recommended demographic characteristics of workers efficiency) and 3 (greenhouse gas including this activity. One comment in green jobs. BLS does not plan to reduction), creating a single ‘‘clean said the reason was to encourage the collect demographic data in its surveys. energy’’ category, with the proposed growth of organic farming; BLS However, users may be able to category addressing only energy responds that it does not have an supplement the BLS green jobs data systems. BLS has determined to merge advocacy position on organic farming. with demographic data from other certain categories, as described in One comment noted that the purchase sources. Appendix II of this notice. These and end use is as important as Categories of green economic activity: decisions do not affect category 1, production of organic products because General comments. Three comments however. without the buyers and markets, no addressed the categories of green One comment recommended that BLS organic farming could exist. One economic activity in general. One modify the description to show the comment noted environmental impacts comment recommended including sources of renewable energy consistent in this category, i.e., using fresh versus ‘‘operation and maintenance’’ in each with the statutory definition. BLS has

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modified the description to reflect the product.’’ BLS responds that both the BLS green process survey. BLS also sources listed in Section 203(b) of the ‘‘energy efficiency products’’ and notes that the proposed definition Energy Policy Act of 2005, with the ‘‘energy-efficient production of any includes research and development of exception of the qualification of product’’ are included, with the latter CCS as a green activity, and the planned hydropower. The statutory definition identified as an environmentally surveys should identify this activity, includes as renewable only ‘‘new friendly production process. The depending on where it is being hydroelectric generation capacity revised presentation of the categories performed. achieved from increased efficiency or makes this clearer. Category 4, Pollution reduction and additions of new capacity at an existing Category 3, Greenhouse gas reduction. cleanup. Five comments addressed hydroelectric project.’’ BLS finds this Five comments addressed category 3. category 4. These comments generally qualification too complex to be used in One comment stated agreement with the supported the category and employment surveys and therefore inclusion of research and development recommended including the words includes all hydroelectric generation as activities in this category. One comment ‘‘prevention’’ and/or ‘‘elimination’’ in the a green good. In response to this recommended moving nuclear energy to description. BLS agrees with this comment, BLS has changed the category 1, renewable energy. BLS recommendation and has revised the description to add landfill gas and responds that nuclear power is not description accordingly. municipal solid waste as renewable renewable energy, as the fuel source is One comment recommended merging sources, and remove hydrogen fuel not renewable. category 4 and category 5 (recycling and cells. Two comments supported including waste reduction), noting that there is One comment recommended that the nuclear energy in this category, while some overlap in the categories. BLS has description include installation and one comment opposed including determined to merge certain categories, maintenance. BLS agrees that these nuclear energy as a source of green jobs. as described in Appendix II of this activities are included and has modified One comment supporting inclusion of notice. This decision combines the description accordingly. One nuclear energy recommended keeping it categories 3, 4 and 5 into one category. comment asked whether trading of as a separate category for data Category 5, Recycling and waste certificates and offsets is included. BLS tabulation, as many stakeholders will reduction. Forty-four comments responds that these activities are likely reject nuclear energy as a source addressed category 5. These comments included. They could be placed in of green jobs. BLS responds that it generally recommended adding certain categories for renewable energy, intends to tabulate data from the green activities to the description, specifically pollution reduction and cleanup, or jobs surveys by NAICS industry, which reuse (29 comments), remanufacturing greenhouse gas reduction, depending on should result in presentation of data (23), composting (22), reduction or what is being traded. specifically for NAICS 221113 Nuclear elimination (7), deconstruction (4), One comment recommended that BLS electric power generation as well as repair (2), and demanufacturing (1). BLS expand the description to include other NAICS categories, providing has revised the description to include ‘‘construction workers who build and transparency and allowing users to reuse, remanufacturing, composting, install technologies that harness or exclude sectors for their own purposes. and avoiding creation of waste collect renewable energy.’’ BLS responds BLS continues to include nuclear energy materials. ‘‘Reuse’’ includes reuse of that these workers are included in the in the final definition on the basis of building materials. proposed definition, and should be lower greenhouse gas emissions relative One comment recommended creation identified in the data collection. to other major sources of electric power. of new NAICS codes related to Category 2, Energy efficiency. Four One comment recommended composting. BLS responds that revising comments addressed category 2. Two eliminating ‘‘reduction of GHG the NAICS is outside the scope of the comments recommended that BLS emissions in electricity from fossil BLS green jobs initiative. clarify where energy storage and fuels’’ from this category, noting that One comment recommended that distribution are categorized, including ‘‘every fossil fueled power plant * * * recycled goods be included only on the electric power grid and battery is or will soon be trying to make evidence that they typically had technologies, and whether BLS intends incremental improvements to its previously entered the waste stream; to distinguish between the storage and emissions intensity, but that activity another comment recommended the distribution of energy from renewable will not ‘green’ the fossil fuel industry category recognize producer sources versus energy from other and nor will it qualify the associated responsibility for recycling product at sources. power plants as ‘green energy.’ ’’ end of life. BLS responds that, while BLS has determined to categorize Another comment supported including these suggestions may have merit, they improving the efficiency of the electric this activity, noting that ‘‘energy are more complex than BLS data power grid, including Smart Grid production includes jobs that design collection processes could reasonably technologies, in category 2. BLS has also and apply cleaner technologies to coal identify. determined that electric power such as gasification, pyrolysis, and One comment recommended distribution services are not included as carbon capture and sequestration (CCS). rewording the description to include a green service, similar to its decision CCS is still under development but our greater detail about the nature of on distribution of other green goods and definition includes efforts that seek to recycling. BLS responds that it does not services as discussed above. reduce adverse impacts of coal in the believe this additional detail is needed. One comment recommended that BLS near future while the country works to One comment recommended break out transportation efficiency and develop clean, renewable energy rewording to include stormwater other sources of efficiency. BLS sources.’’ BLS responds that activities in management. BLS agrees with this responds that it does not see a need for the fossil fuel industry to make recommendation and has included this breakout. incremental improvements to its stormwater management in the natural One comment asked that BLS clarify emissions intensity represent resources conservation category. whether the category means to include establishments adopting Two comments opposed including ‘‘energy efficiency products’’ not environmentally friendly production solid waste landfills, incineration, ‘‘energy-efficient production of any processes and should be measured in waste-to-energy, or landfill-to-energy

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activities as green activities. BLS preceding categories, depending on the involved in repair ‘‘as long as those responds that it has added municipal type of training provided. BLS has construction projects are linked to solid waste and landfill gas as sources determined to retain a separate category greenhouse gas emissions reductions of renewable energy, consistent with the for education and compliance goods and and/or oil savings goals.’’ BLS responds statutory definition of renewable energy services, as some of these outputs span that the definition of green goods and sources. across two or more of the preceding services includes the equipment Category 6, Agriculture and natural categories. BLS has determined to drop manufacture and public transit topics. resources conservation. Eighteen this category from the categories of Some road construction activities are comments addressed category 6. environmentally friendly production also included; it does not seem feasible Fourteen of the comments concerned processes, and to include training of an to use the suggested criterion in BLS the inclusion of additional NAICS establishment’s staff or contractors in data collection. industries on the industry list in the application of environmentally friendly One comment recommended adding a area of forestry and wood products, technologies and practices in the category ‘‘Water efficiency’’ similar to specifically 113110 Timber Tract remaining four categories. ‘‘Energy efficiency,’’ noting that the Operations, and manufacturing One comment recommended the proposed categories mainly focus on industries related to wood and paper category be more open to allow energy, and that water is not included products. BLS has added timber tract respondents to include themselves, e.g., except for the mention of water operations to the list of industries add ‘other’ or ‘similar services.’ BLS conservation in category 6. The producing green goods and services, responds that, if these categories are comment recommended including based on timber tracts producing timber presented on data collection forms for activities such as water conservation, meeting sustainable forestry standards. either the green goods and services drinking water protection, and BLS continues to include on the survey or the process survey, an ‘‘other’’ stormwater management. BLS responds industry list industries producing response may be provided. that the recommendation appears to be certain wood products meeting One comment stated that it was an elaboration of ‘‘water conservation’’ standards, such as LEED-eligible unclear what types of jobs would count. which is already included in the natural construction materials. One comment BLS responds that the approach is resources conservation category, and criticized the use of the LEED standard under development and will be wastewater management, which is to identify green wood products and specified on the data collection included in the pollution reduction recommended alternative standards. instruments. category. Stormwater management has BLS is examining the recommended One comment recommended that been added to the description for the standards. health and safety education and natural resources conservation category. One comment recommended this compliance related to green jobs may Types of green goods and services, category include activities that take deserve special notice within this general comments. Ten comments place in urban areas. BLS agrees that category. BLS does not see how health generally addressed the definition of activities in urban areas are included; and safety education and compliance green goods and services, with a focus the key is environmental impact of the related to environmental problems has a on the extent to which the supply chain activity, not where it occurs. beneficial impact on the environment. or production chain is included in the Two comments asked for clarification Comments recommending additional BLS definition. of the term ‘‘natural resources categories. Seven comments Most comments recommended conservation.’’ One comment recommended adding new categories. including all of the ‘‘supply chain’’ or all recommended that the category include Two comments recommended adding a stages from inputs to final sale. One land management and water category ‘‘Environmental health’’ to comment, however, noted that ‘‘going conservation. BLS agrees that these cover work to protect public health and too far down the chain reduces the activities are included; they are worker health from the adverse effects ‘greenness’ of the good because it could specifically mentioned in the of environmental problems. For the be shipped, stored, or sold with many description for this category. reason given in the paragraph above, other nongreen goods.’’ Category 7, Education, compliance, BLS rejected this suggestion. Two comments pointed out public awareness, and training. Eight Two comments recommended adding inconsistencies in the treatment of comments addressed category 7. Two a category ‘‘Sustainable design, organic food products versus recycled comments supported including this construction, and operations.’’ BLS inputs. The proposed BLS definition category. One comment called for responds that these activities are related includes organic food products from deleting the category, stating that ‘‘all to energy efficient building design, specialized inputs through specialized industries perform these as a public construction, and operation, and are distribution and sale, while recycled service and academia trains in them as covered in the category 2, Energy products are included only up to the its mission. Compliance is a regulatory efficiency. stage where the recycled inputs are and process review activity, not an One comment recommended adding a introduced. economic one—no good or service is category ‘‘Emission inventory BLS notes that including the entire produced.’’ BLS responds that education management and trading and production chain is difficult for and compliance are services industries compliance.’’ With the clarification that products other than organic foods, recognized in the NAICS. emission offset trading is included as a which carry a specific certification One comment recommended adding green activity (see discussion of label, and would greatly expand the list ‘‘internally within the organization’’ in category 1, above), BLS has addressed of industries in which green goods are addition to the point of raising public this comment. classified. These comments also relate awareness. One comment noted that this One comment recommended adding a to the question about whether to include category does not denote any green category for the transportation sector, distribution of green goods as a green function, but agrees that the jobs meant mentioning equipment manufacturing, service, discussed above. to be included in the category are green. public transit operation and BLS has determined to drop the use This comment proposed counting jobs maintenance, public transit of the four types of green goods and in this category under each of the infrastructure, and all road construction services from its final definition. Many

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comments indicated that these types revised the definition of green jobs. The The BLS approach to identifying each were not clear or helpful to data users. final definition will be used in data type of green job for measurement Direct green goods and services. One collection beginning in FY 2011, and is purposes is described in more detail comment addressed treatment of presented below, following a discussion below. The planned BLS surveys may Recyclable Material Merchant of the nature of the changes. identify and count some jobs in both Wholesalers in the NAICS. BLS Categories of green jobs. BLS has surveys. responds that revising the NAICS is changed the term ‘‘categories of green A. Jobs in businesses that produce outside the scope of the BLS green jobs economic activity’’ to ‘‘categories of goods and provide services that benefit initiative. However, this NAICS green goods and services’’ and the environment or conserve natural industry is included in the industry list ‘‘categories of green technologies and resources. These goods and services are as producing a green service. practices used within establishments.’’ sold to customers, and include research Indirect green goods and services. BLS has revised the name of category and development, installation, and Two comments addressed indirect green 1 to ‘‘Energy from renewable sources.’’ maintenance services. This definition goods and services. One comment said BLS has revised the description of will be used in the BLS survey of the qualifier ‘‘favorable * * * relative to category 2, ‘‘Energy efficiency,’’ to establishments in industries that other goods’’ is vague. BLS responds that include improving the efficiency of produce green goods and services. it intends, where possible, to use energy storage and distribution, Green goods and services fall into one existing Federal or industry standards to including Smart Grid technologies. or more of five groups: make this qualifier more specific. BLS BLS has combined categories 3 1. Energy from renewable sources. also notes that, without the ‘‘relative’’ (greenhouse gas reduction), 4 (pollution Electricity, heat, or fuel generated from qualifier, it would have little or no basis reduction and cleanup), and 5 (recycling renewable sources. These energy to make a distinction between green and and waste reduction) into one category, sources include wind, biomass, nongreen goods or services that are not now labeled ‘‘category 3, Pollution geothermal, solar, ocean, hydropower, ‘‘ ’’ direct and would exclude a large reduction and removal, greenhouse gas landfill gas, and municipal solid waste. number of products and services that reduction, and recycling and reuse.’’ 2. Energy efficiency. Products and are generally considered green. Combining these categories reduces to services that improve energy efficiency. One comment said the distinction some extent the overlap among Included in this group are energy- between direct green products and categories. The description for this efficient equipment, appliances, indirect green products seems unclear: category has been edited to include buildings, and vehicles, as well as For example, why is weatherizing a mention of eliminating emissions of products and services that improve the building directly green, but producing pollutants and to include reuse, energy efficiency of buildings and the renewable energy is indirectly green? remanufacturing, composting, and efficiency of energy storage and BLS responds to this example by noting avoiding creation of waste materials. distribution, such as Smart Grid that weatherization is conducted BLS has revised the title of category technologies. specifically for an environmental 4 (formerly category 6) to ‘‘Natural 3. Pollution reduction and removal, purpose, the definition of a direct good resources conservation.’’ greenhouse gas reduction, and recycling or service. Producing renewable energy and reuse. These are products and is conducted to produce electricity, but BLS has edited the descriptions of categories 1 through 4 (formerly 1 services that: has an environmental benefit, and thus • Reduce or eliminate the creation or through 6) to include the terms research fits the definition of an indirect green release of pollutants or toxic and development, installation, and good or service. compounds, or remove pollutants or maintenance. Specialized inputs. One comment hazardous waste from the environment. recommended that specialized inputs be BLS has revised the title of category • Reduce greenhouse gas emissions rolled into indirect green goods and 5 (formerly category 7) to through methods other than renewable ‘‘ services, noting that examples such as Environmental compliance, education energy generation and energy efficiency, ’’ USDA approved fertilizers, wind and training, and public awareness. such as electricity generated from turbine blades, and mass transit rail cars This category now appears only in nuclear sources. fit the definition of indirect, i.e., they relation to green goods and services. • Reduce or eliminate the creation of are ‘‘produced for another purpose, but Types of green goods and services. waste materials; collect, reuse, when produced, consumed, or scrapped BLS has dropped the use of the four remanufacture, recycle, or compost have a favorable impact on protecting types of green goods and services waste materials or wastewater. the environment or conserving natural (direct, indirect, specialized inputs, and 4. Natural resources conservation. resources.’’ distribution). BLS has excluded Products and services that conserve Standards. Twenty-six comments distribution of green goods from its natural resources. Included in this addressed the BLS plan to use existing definition of green services. group are products and services related Federal or industry standards to identify Final BLS definition of green jobs. to organic agriculture and sustainable indirect green goods and services. Most BLS has developed this definition of forestry; land management; soil, water, of these comments suggested specific green jobs for use in data collection in or wildlife conservation; and standards for BLS to consider or two planned surveys. stormwater management. commented on the standards listed in Green jobs are either: 5. Environmental compliance, the Federal Register Notice as A. Jobs in businesses that produce education and training, and public examples. BLS finds these comments goods or provide services that benefit awareness. These are products and very helpful. the environment or conserve natural services that: resources. • Enforce environmental regulations. II. Definition of Green Jobs BLS Will B. Jobs in which workers’ duties • Provide education and training Use for Data Collection involve making their establishment’s related to green technologies and In response to comments received on production processes more practices. the proposed definition, as well as environmentally friendly or use fewer • Increase public awareness of additional considerations, BLS has natural resources. environmental issues.

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B. Jobs in which workers’ duties remanufacture, recycle, or compost fabricated from materials containing involve making their establishment’s waste materials or wastewater. recycled content. Therefore BLS has not production processes more 4. Natural resources conservation. added these industries to the list. environmentally friendly or use fewer Using technologies and practices within Some comments requested changing natural resources. These workers the establishment to conserve natural the type of green good or service from research, develop, maintain, or use resources. Included in this group are indirect to direct, apparently based on a technologies and practices to lessen the technologies and practices related to belief that direct green goods or services environmental impact of their organic agriculture and sustainable are preferred over other types of green establishment, or train the forestry; land management; soil, water, goods or services. BLS notes that the establishment’s workers or contractors or wildlife conservation; and direct and indirect types were used as in these technologies and practices. This stormwater management. criteria for determining what goods or definition will be used in the BLS services to include as green, and III. Summary of Comments on survey of establishments across all indicate no hierarchy or preference. Identifying Industries Where Green industries to identify jobs related to These types are not included in the final Goods and Services Are Classified and green technologies and practices used definition. the Approach BLS Will Use for Data within the establishment. These BLS has revised the industry list to be Collection technologies and practices fall into one consistent with the final definition of or more of four groups: Forty-seven comments recommended green jobs and in light of its review of 1. Energy from renewable sources. adding a total of 371 detailed NAICS comments recommending inclusion or Generating electricity, heat, or fuel from industries to the list of industries where exclusion of specific industries. The renewable sources primarily for use green goods and services are classified. revised list is posted at http:// within the establishment. These energy Six comments recommended dropping www.bls.gov/green, along with a sources include wind, biomass, 18 detailed NAICS industries from the separate list showing the industries geothermal, solar, ocean, hydropower, list. Numerous comments addressed added or dropped from the list landfill gas, and municipal solid waste. certain details on the industry list. published with the March 16, 2010, 2. Energy efficiency. Using BLS notes that many of the comments Federal Register Notice. The following technologies and practices to improve were based on whether establishments table presents the industry sector energy efficiency within the in the industry may use distribution of business establishments establishment. Included in this group is environmentally friendly production that potentially produce green goods cogeneration (combined heat and processes, rather than whether the and services. The establishment counts power). product or service meets the BLS represent the number of establishments 3. Pollution reduction and removal, definition of a green product or service. eligible for sample selection for the greenhouse gas reduction, and recycling The purpose of the industry list is only green goods and services survey. The and reuse. Using technologies and to identify industries where green goods approximately 2.2 million eligible practices within the establishment to: and services are classified. establishments compare to a total of 9.0 • Reduce or eliminate the creation or A large number of the industries were million establishments on the BLS release of pollutants or toxic recommended for addition to the list business list in 2009. The number of compounds, or remove pollutants or based on the use of recycled inputs, establishments that potentially produce hazardous waste from the environment. such as numerous fabricated metal green goods and services could change • Reduce greenhouse gas emissions products industries that may use over time as industries currently through methods other than renewable recycled metals. BLS notes that recycled offering green goods and services grow energy generation and energy efficiency. products are included only up to the or decline, or as new or different • Reduce or eliminate the creation of stage where the environmental impact industries begin to produce green goods waste materials; collect, reuse, occurs, and do not include products and services.

NUMBER AND PERCENT DISTRIBUTION OF ESTABLISHMENTS IN INDUSTRIES WHERE GREEN GOODS AND SERVICES ARE CLASSIFIED, BY INDUSTRY SECTOR, 2009

Number of Percent Industry sector establishments distribution

Construction ...... 820,700 38.1 Professional and business services ...... 779,100 36.2 Other services (Repair and maintenance services, Professional organizations) ...... 183,300 8.5 Natural resources and mining ...... 88,700 4.1 Information ...... 77,000 3.6 Manufacturing ...... 77,700 3.6 Trade, transportation, and utilities ...... 49,300 2.3 Public administration ...... 42,100 2.0 Education and health services ...... 26,400 1.2 All other sectors ...... 10,400 0.5

Total ...... 2,154,700 100.0

In general, the BLS approach is to resources. The BLS approach does not distribute the outputs from green designate as green those goods and (automatically) designate as green the producing industries. Instead, BLS first services that directly benefit the goods and services produced by evaluates those supplier and distributor environment or preserve natural industries that supply inputs to or industry goods and services for whether

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they directly benefit the environment or plans to use the revenue share as a the BLS business list that will be used preserve natural resources. Green goods proxy for the share of the as the sampling frame. and services may be sold to establishment’s employment associated One comment recommended that, for intermediate demand or to final with the production of green goods and the construction industry, BLS should demand. services. rely on a sampling frame of projects, not Fifteen comments agreed with use of establishments. BLS responds that such IV. Summary of Comments on Plans To revenue, and seven comments a frame is not available and would Measure Green Jobs and BLS Response disagreed. Both types of comments cited result in data based on a different BLS received comments on its collectability and respondent burden as concept than for other industries. approach to measuring green jobs and reasons for their agreement or One comment suggested that BLS specific measurement plans. These disagreement. Some comments work with the National Agricultural comments are summarized in this disagreeing with the approach Statistics Service (NASS) if BLS has a Appendix, and the BLS response is questioned whether the result would need to expand coverage of farms indicated. overestimate the number of green jobs, beyond the BLS business list, where General measurement approach. One and said the results would be difficult coverage of agriculture production is comment expressed unqualified support to interpret. BLS responds that its field limited. BLS has determined that the for the output and process approaches. research to date indicates that scope of its green jobs data collection Two comments disagreed with the respondents are generally able to will be wage and salary employment BLS approach. One of these comments provide share of revenue information within the scope of the Quarterly recommended using the O*NET and this information is more readily Census of Employment and Wages categories and focusing on occupations available than share of employment. (QCEW) program, except private in the output approach. BLS responds BLS also notes that this result is similar households. All NAICS industries in that the O*NET program in the to the experience of Statistics Canada in this scope will be surveyed in the Employment and Training its environmental surveys. process survey; only those NAICS Administration is developing Eleven comments pointed out industries identified as producing green information on green jobs and an effort limitations of the revenue share goods or services will be surveyed in the by BLS to collect similar data would be approach, suggested other measures goods and services survey. While QCEW duplicative. Further, data users will be (employment, hours, task proportions, coverage of NAICS Sector 11 able to use O*NET information in degree of shift to green practices or Agriculture, Forestry, Fishing and conjunction with the BLS green jobs sustainability), recommended Hunting is not as complete as in most data, since both sources use the attempting to collect employment as other industries, BLS believes it is Standard Occupational Classification. well as revenue, and/or recommended comprehensive enough for purposes of One comment disagreeing with the field testing. BLS responds that it is green jobs data collection. BLS approach recommended that ‘‘BLS conducting field testing of both share of Measuring occupational employment make it clear that this is a ‘green firm revenue and share of employment, and and wages. Six comments addressed the survey’ and not a ‘green jobs survey’ ’’ that the collection of hours, task collection of occupational data from and that ‘‘the BLS is more concerned proportions, or degree of shift to green establishments in the green goods and with measuring jobs created by the practices or sustainability would be services survey. Certain of these demand for green products and not more difficult to collect than shares of comments indicate that the Federal necessarily green jobs per se.’’ BLS revenue or employment. Register Notice did not provide responds that it is referring to the survey One comment recommended that, sufficient description of the plans to be used in the output approach as the regarding electric power distribution concerning occupational data collection. ‘‘green goods and services survey.’’ jobs associated with ‘‘clean energy,’’ BLS BLS responds that it intends to collect Three comments pointed out that the count jobs associated with transmission an Occupational Employment Statistics BLS approach will miss green goods and and distribution as proportional to the (OES) schedule from establishments services produced by firms classified in quantity of clean energy flowing on the sampled for the green goods and NAICS industries excluded from the grid. Consistent with its decision to services survey. These responses will list. Establishments are classified into exclude distribution of green goods from allow estimation of occupational NAICS industries based on the goods or the definition of green services, BLS has staffing patterns, employment, and services that account for the majority of determined that the operation of the wages for those establishments reporting their revenue. Establishments not electric power grid is not included as a green goods or services and for those not classified into an industry on the BLS green good or service. However, goods reporting such goods or services. BLS list will not be included in the green and services or processes that improve has not yet developed the specific goods and services survey; if a minority the efficiency of energy storage and estimation methods to account for of their revenue is from a green good or distribution, such as Smart Grid establishments that report producing service, these goods or services and the technologies, are included in category 2, both green and nongreen goods or jobs related to them will not be energy efficiency. Construction of the services. identified. BLS is aware of this power transmission facilities to connect One comment recommended that limitation and notes that how large this new renewable energy sources to the survey respondents be asked directly to limitation may be is unknown. grid is included in category 1, energy identify the job titles of positions that Use of share of revenue to apportion from renewable sources. meet the BLS definition of ‘‘green.’’ BLS share of jobs. In the green goods and Coverage and sampling frame, green responds that, in the process survey, services survey, for establishments that goods and services survey. Three respondents may be asked to provide produce both green and nongreen goods comments addressed the coverage and job titles, which would be coded using or services, BLS proposed to capture the sampling frame for the green goods and the SOC. For the occupations of jobs share of establishment revenue received services survey. One comment related to production of green goods and from the sale of green goods and expressed concern about exclusion of services, however, the existing OES services. (An alternative to revenue will the self-employed. BLS responds that survey procedures will be used, which be used for nonmarket sectors.) BLS this limitation is imposed by nature of do not ask respondents for job titles.

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One comment stated that determining supported using this approach and one (2) The sales or production, or both, green job occupations based on OES comment recommended against. Three of such firm have decreased absolutely; assumes that green jobs are distributed of these comments emphasized that all and throughout the workforce in the same industries should be included in the (3) One of the following must be proportion by occupation as all jobs. process survey. BLS responds that, as satisfied: The commenter stated that results of stated in the March 16, 2010, notice, the (A) Imports of articles or services like their State survey indicated that green scope of the process survey will be all or directly competitive with articles jobs seem to be widely disbursed, but industries. produced or services supplied by such are more concentrated in construction Six comments indicated the need for firm have increased; (B) Imports of articles like or directly and extraction, production, and farming more clarity in the process approach. competitive with articles into which one and fishing occupations. BLS responds BLS responds that the approach is or more component parts produced by that occupational employment will be under development and will be such firm are directly incorporated, estimated using OES data for specific described in a future notice. establishments, according to whether or have increased; not they produce green goods or Two comments recommended using (C) Imports of articles directly services. This is different from using product life-cycle criteria for identifying incorporating one or more component OES estimates for overall employment. green goods, with one of these parts produced outside the United Two comments concerned the BLS comments suggesting that ‘‘a ‘green States that are like or directly plan to count jobs in all occupations in good’ and a good produced with ‘green competitive with imports of articles the establishment in the green goods processes’ will become increasingly incorporating one or more component and services survey, with one comment indistinguishable in the marketplace parts produced by such firm have agreeing and one comment saying there among the leading experts and increased; is ‘‘no need to count support jobs, such stakeholders in the sustainable products (D) Imports of articles like or directly as accountants or administrative staff, field.’’ BLS responds that applying life- competitive with articles which are because their job duties are not affected cycle criteria or identifying produced directly using services directly by the green product or service ‘‘sustainable’’ products is not feasible in supplied by such firm, have increased; and thus they do not require additional its data collection. and training.’’ BLS notes that its green jobs Signed at Washington, DC, this 26th day of (4) The increase in imports definition is not based on skill August 2010. contributed importantly to such differences, but instead on the Kimberley Hill, workers’ separation or threat of environmental impact of the good or Chief, Division of Management Systems, separation and to the decline in the service produced or the production Bureau of Labor Statistics. sales or production of such firm; or process used. However, data users can [FR Doc. 2010–23485 Filed 9–20–10; 8:45 am] II. Section 222(a)(2)(B) all of the select the occupations they wish to following must be satisfied: BILLING CODE 4510–24–P consider for training offerings from (1) A significant number or proportion those BLS identifies as occurring in of the workers in such workers’ firm establishments producing green goods DEPARTMENT OF LABOR have become totally or partially and services. The O*NET green separated, or are threatened to become occupations taxonomy should be useful Employment and Training totally or partially separated; in this type of analysis. Administration (2) One of the following must be Data by public ownership. One satisfied: comment encouraged BLS to generate Notice of Determinations Regarding (A) there has been a shift by the data that identify the level of public Eligibility To Apply for Worker workers’ firm to a foreign country in the sector green employment in the NAICS- Adjustment Assistance production of articles or supply of defined industries and the services like or directly competitive characteristics of the public sector green In accordance with Section 223 of the with those produced/supplied by the jobs. BLS responds that it intends to Trade Act of 1974, as amended (19 workers’ firm; provide data from the green goods and U.S.C. 2273) the Department of Labor (B) there has been an acquisition from services survey by public versus private herein presents summaries of a foreign country by the workers’ firm ownership. determinations regarding eligibility to of articles/services that are like or Process approach to measuring green apply for trade adjustment assistance for directly competitive with those jobs. BLS plans to develop a special workers by (TA–W) number issued produced/supplied by the workers’ firm; employer survey to test the feasibility of during the period of August 30, 2010 and collecting data on jobs associated with through September 3, 2010. (3) The shift/acquisition contributed use of environmentally friendly In order for an affirmative importantly to the workers’ separation production processes. Environmentally determination to be made for workers of or threat of separation. friendly production processes and a primary firm and a certification issued In order for an affirmative practices are those that reduce the regarding eligibility to apply for worker determination to be made for adversely environmental or natural resources adjustment assistance, each of the group affected workers in public agencies and impact resulting from production of any eligibility requirements of Section a certification issued regarding good or service. These production 222(a) of the Act must be met. eligibility to apply for worker processes include (1) production of adjustment assistance, each of the group green goods and services for use within I. Under Section 222(a)(2)(A), the eligibility requirements of Section the establishment, and (2) use of following must be satisfied: 222(b) of the Act must be met. technologies and practices that have a (1) A significant number or proportion (1) A significant number or proportion positive environmental or natural of the workers in such workers’ firm of the workers in the public agency have resources conservation impact. have become totally or partially become totally or partially separated, or Sixteen comments addressed the separated, or are threatened to become are threatened to become totally or process approach. Five comments totally or partially separated; partially separated;

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

TA–W No. Subject firm Location Impact date

72,531 ...... Riley Power, Inc., Vogt-Nem, Inc. and Babcock Power, Inc Erie, PA ...... October 2, 2008. 73,656 ...... JK Products and Services, Inc., Leased Workers Aid Tem- Jonesboro, AR ...... March 5, 2009. porary Services, Inc., Staffmark, and Appleone, etc. 73,965 ...... Angell-Demmel North America Corp, Sellner Corporation .. Dayton, OH ...... April 9, 2009. 74,025 ...... Babcock Lumber Company, Hardwood Division; leased St. Marys, PA ...... April 23, 2009. Workers Staff Right Services, etc. 74,134 ...... Reynoldsville Holding Company ...... Reynoldsville, PA ...... May 10, 2009. 74,267 ...... Mason County Forest Products ...... Shelton, WA ...... June 14, 2009. 74,277 ...... Westcode, Inc ...... Binghamton, NY ...... June 21, 2009. 74,307 ...... Brockway Mould, Inc., Ross Mould, Inc ...... Brockport, PA ...... June 25, 2010. 74,384 ...... Shipbuilders of Wisconsin, Inc., Burger Boat Company; Manitowoc, WI ...... June 8, 2009. Leased Workers Aerotek and Skilled Trade Services. 74,534 ...... DuPont Teijin Films, Leased Workers from Schenkers Lo- Florence, SC ...... November 7, 2009. gistics, Inc.

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

TA–W No. Subject firm Location Impact date

73,547 ...... Acxiom Corporation, Leased Workers from CJCN, Kyntex, Little Rock, AR ...... February 22, 2009. Premier Staffing, Quintex, etc. 73,547A ...... Acxiom Corporation, Leased Workers from CJCN, Kyntex, Conway, AR ...... February 22, 2009. Premier Staffing, Quintex, etc. 73,608 ...... PricewaterhouseCoopers, LLP (‘PwC’), Internal Firm Serv- Charlotte, NC ...... February 26, 2009. ices (‘IFS’) Group. 73,829 ...... Suncor Energy (U.S.A.), Inc., A Subsidiary of Suncor En- Greenwood Village, CO ...... March 11, 2009. ergy, Inc. 73,887 ...... ITT Water & Wastewater Leopold, Inc., ITT Corporation; Zelienople, PA ...... May 22, 2010. Leased Workers Account Temps, Kelly Services, Adecco, etc.

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TA–W No. Subject firm Location Impact date

74,008 ...... Cooper, Crouse-Hinds MTL, Inc., Cooper, Crouse-Hinds; West Melbourne, FL ...... April 22, 2009. Cooper Industries; Leased Workers from Accountemps, etc. 74,028 ...... Imhauser Corporation ...... Romney, WV ...... April 28, 2009. 74,065 ...... ShopKo Stores Operating Co., LLC, Information Services Green Bay, WI ...... May 7, 2009. Division; SKO Group Holding, LLC; Leased Workers, etc. 74,085 ...... Avery Dennison, Leased Workers from Adecco, Inc ...... Lenoir, NC ...... May 13, 2009. 74,086 ...... Unisys Corporation, Managed Service Center; Leased Austin, TX ...... May 13, 2009. Workers from Apex Systems and Pinnacle. 74,142 ...... World Color Mt. Morris, IL LLC, Premedia Chicago Divi- Schaumburg, IL ...... May 21, 2009. sion; Leased Workers from The Creative Group, etc. 74,377 ...... Sony Pictures Entertainment, IT Department, Leased Culver City, CA ...... June 28, 2009. Workers from Banctec, CCP Global, Invision, etc. 74,414 ...... PricewaterhouseCoopers LLP, Internal Firm Services Cleveland, OH ...... July 13, 2009. Group. 74,454 ...... LSI Corporation, Integrated Circuit Testing Department ..... Fort Collins, CO ...... July 22, 2009. 74,455 ...... Uniboard Fostoria, Inc., Uniboard Canada ...... Fostoria, OH ...... July 26, 2009. 74,483 ...... Wood Group Component Repair Services, Inc., Wood East Windsor, CT ...... August 3, 2009. Group Gas Turbine Services, Inc. 74,505 ...... Neff Motivation, Inc., Visant Corporation ...... Unadilla, GA ...... August 9, 2009. 74,518 ...... Peco II by Lineage Power, Leased Workers from Galion, OH ...... July 27, 2009. Waycraft, Incorporated. 74,524 ...... TD Ameritrade, Inc., TD Ameritrade Clearing, Inc.; TD Fort Worth, TX ...... August 5, 2009. Ameritrade Holding Corporation etc. 74,530 ...... Hewlett Packard Company, Human Resources Division .... Auburn and other Cities in August 4, 2009. California, CA. 74,530A ...... Hewlett Packard Company, Human Resources Division .... Boise, ID ...... August 4, 2009. 74,530B ...... Hewlett Packard Company, Human Resources Division .... Ellicott City, MD ...... August 4, 2009. 74,530C ...... Hewlett Packard Company, Human Resources Division .... Canton, MI ...... August 4, 2009. 74,530D ...... Hewlett Packard Company, Human Resources Division .... Wake Forest, NC ...... August 4, 2009. 74,530E ...... Hewlett Packard Company, Human Resources Division .... Corvallis, OR ...... August 4, 2009. 74,530F ...... Hewlett Packard Company, Human Resources Division .... Blue Bell, PA ...... August 4, 2009 74,530G ...... Hewlett Packard Company, Human Resources Division .... Houston and other Cities in August 4, 2009. Texas, TX. 74,530H ...... Hewlett Packard Company, Human Resources Division .... Herndon, VA ...... August 4, 2009. 74,530I ...... Hewlett Packard Company, Human Resources Division .... Vancouver, WA ...... August 4, 2009. 74,545 ...... HAVI Logistics, North America, HAVI Group, LP; Leased Bloomingdale, IL ...... August 11, 2009. Worker from Express Personnel Services, etc. 74,550 ...... Artisans, Inc ...... Glen Flora, WI ...... August 20, 2009. 74,552 ...... CKE Restaurants, Inc., Client Services Division; Leased Anaheim, CA ...... August 18, 2009. Workers from B2B Staffing Services. 74,561 ...... Hilton Reservations and Customer Care, Hemet Division Hemet, CA ...... August 11, 2009. of Hilton Worldwide.

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

TA–W No. Subject firm Location Impact date

73,203 ...... Hitachi Automotive Products (USA), Inc., Hitachi America, Harrodsburg, KY ...... December 31, 2009. Ltd.; Leased Workers from Nesco Resource Company. 73,486 ...... Ethan Allen Retail, Inc ...... Lombard, IL ...... February 10, 2009. 73,496 ...... Guardian Automotive Corp., SRG Global Inc ...... LaGrange, GA ...... March 27, 2009. 74,495 ...... General Electric Company, Transportation Division; Grove City, PA ...... August 3, 2009. Leased Workers from Adecco Technical.

Negative Determinations for Worker criteria for worker adjustment assistance (increased imports) and (a)(2)(B) (shift Adjustment Assistance have not been met for the reasons in production or services to a foreign specified. country) of section 222 have not been In the following cases, the The investigation revealed that the met. investigation revealed that the eligibility criteria under paragraphs(a)(2)(A)

TA–W No. Subject firm Location Impact date

73,021 ...... BJ Services, A Baker Hughes Incorporated Company ...... Eldorado, TX ...... 73,721 ...... RCL Burco, Inc., RCL Services Group, LLC ...... Culloden, WV ......

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TA–W No. Subject firm Location Impact date

73,722 ...... Sojitz Corporation of America, Sojitz Corporation; Forest Seattle, WA ...... Products Department. 74,035 ...... OSRAM Sylvania, Siemens ...... Warren, PA ...... 74,246 ...... Bank of America, Card Customer Assistance Division ...... State College, PA ...... 74,290 ...... Supermedia LLC, Idearc Media LLC; SuperMedia Informa- Middleton, MA ...... tion Services LLC; Client Care, etc..

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

TA–W No. Subject firm Location Impact date

73,707 ...... JD Norman Industries, Inc., Brooklyn Facility ...... Brooklyn, OH ...... 73,759 ...... Eskco, Inc ...... Dayton, OH ...... 74,353 ...... Riverhawk Aviation ...... Hickory, NC ......

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

TA–W No. Subject firm Location Impact date

73,625 ...... Compuware Corporation ...... Warren, MI ......

I hereby certify that the DEPARTMENT OF LABOR Arkansas (subject firm). AR 35. Workers aforementioned determinations were at the subject firm (subject worker issued during the period of August 30, Employment and Training group) provided airline ground services, 2010 through September 3, 2010. Copies Administration such as baggage handling, at the Forth of these determinations may be [TA–W–70,344] Smith, Arkansas airport. AR 8, 14, 17, requested under the Freedom of 25–26, 34. The Department’s Notice of Information Act. Requests may be Atlantic Southeast Airlines, a negative determination was published submitted by fax, courier services, or Subsidiary of Skywest, Inc., Airport in the Federal Register on November 17, mail to FOIA Disclosure Officer, Office Customer Service Division, Including 2009 (74 FR 59251). AR 48. The negative determination stated of Trade Adjustment Assistance (ETA), On-Site Leased Workers of Delta Global Services, Inc., Fort Smith, AR; that the subject firm did not import U.S. Department of Labor, 200 services like or directly competitive Constitution Avenue, NW., Washington, Notice of Negative Determination on Remand with the services supplied by the DC 20210 or [email protected]. subject workers in the period under These determinations also are available On July 6, 2010, the United States investigation nor shift the supply of on the Department’s Web site at Court of International Trade (USCIT) these services to a foreign country http://www.doleta.gov/tradeact under granted the Department of Labor’s during this period. A customer survey the searchable listing of determinations. request for voluntary remand to conduct was not conducted because the subject Dated: September 10, 2010. further investigation in Former firm’s customers were private Employees of Atlantic Southeast individuals who traveled through Fort Elliott S. Kushner Airlines, a Subsidiary of Skywest, Inc., Smith, Arkansas airport. AR 35–38. Certifying Officer, Division of Trade Airport Customer Service Division v. By application dated October 19, Adjustment Assistance. United States Secretary of Labor (Court 2009, a petitioner requested [FR Doc. 2010–23496 Filed 9–20–10; 8:45 am] No. 09–00522). administrative reconsideration on the BILLING CODE 4510–FN–P Department’s negative determination. In Background the request for reconsideration, the On September 28, 2009, the petitioner alleged that workers at the Department of Labor (Department) subject firm provided services to issued a Negative Determination individuals employed at firms that regarding eligibility to apply for Trade employed workers eligible to apply for Adjustment Assistance (TAA) under the TAA and that workers at the subject Trade Act of 1974, as amended firm should also be eligible to apply for (hereafter referred to as the Act) TAA as ‘‘downstream producers’’ to applicable to workers and former these firms. AR 42–43. workers of Atlantic Southeast Airlines, Because the petitioner did not provide a Subsidiary of Skywest, Inc., Airport information that had not been Customer Division, Fort Smith, previously considered, the Department

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issued a Notice of Negative separated, or are threatened to become The initial investigation also revealed Determination Regarding Application totally or partially separated; that the worker separations were due to for Reconsideration applicable to (2) The workers’ firm is a Supplier or the subject firm’s failure to win a bid to workers at the subject firm on November Downstream Producer to a firm that continue to supply services at the Fort 5, 2009. AR 44. The Notice of employed a group of workers who Smith, Arkansas airport. Specifically, determination was published in the received a certification of eligibility when Delta Air Lines and Northwest Air Federal Register on December 8, 2009 under Section 222(a) of the Act, 19 Lines merged, their operations were (74 FR 64736). AR 54. U.S.C. 2272(a), and such supply or consolidated and regional airlines with In the complaint to the USCIT, dated production is related to the article or contracts to supply services at airports December 2, 2009, the Plaintiff service that was the basis for such where they operated were invited to reiterated the reconsideration certification; and submit new bids to maintain operations application allegations, claiming that (3) Either at those airports. The subject firm did workers at the subject firm are eligible (A) the workers’ firm is a supplier and not win the bid to supply services at the to apply for TAA as secondarily affected the component parts it supplied to the Fort Smith, Arkansas airport because workers because they provided firm described in paragraph (2) the merged entity decided to use the transportation services to individuals accounted for at least 20 percent of the company that supplied the same employed at manufacturing firms in the production or sales of the workers’ firm; services to Northwest Air Line rather Fort Smith area that employed worker or than complete the bidding process. AR groups eligible to apply for TAA and (B) a loss of business by the workers’ 17, 25, 33–34. which used the airport at which the firm with the firm described in In the request for reconsideration, the subject firm employed the worker paragraph (2) contributed importantly to petitioner alleged that because the group. The complaint stated that ‘‘our the workers’ separation or threat of subject firm is ‘‘completely reliant on station was closed as a direct result of separation. the manufacturing industry in our town’’ Section 222(d)(3)(A) of the Act, 19 down sizing and closing of major and because the businesses U.S.C. 2272(d)(3)(A), states that a companies in our area; all of which are ‘‘discontinued their flights with us due ‘‘downstream producer means a firm receiving TAA benefits.’’ The Plaintiff to their downsizing,’’ the workers of the that performs additional, value-added did not provide additional information subject firm should be eligible to apply production processes or services ‘‘ ’’ in support of the complaint, but for TAA as downstream producers to directly for another firm for articles or attached a copy of the request for those companies in the area who services with respect to which a group reconsideration. employed workers eligible to apply for of workers in such other firm has been TAA because they used the Fort Smith, On June 30, 2010, the Department certified under subsection (a).’’ Arkansas airport. AR 42–43. requested voluntary remand to address Section 222(d)(3)(B) of the Act, 19 In the negative determination the allegations made by the Plaintiff, to U.S.C. 2272(d)(3)(B), states that ‘‘value- regarding the application for determine whether the subject worker added production processes or services reconsideration, the Department stated group is eligible to apply for TAA, and include final assembly, finishing, that because the subject firm did not to issue an appropriate determination. testing, packaging, or maintenance or perform additional, value-added On July 6, 2010, the USCIT granted the transportation services.’’ production processes or services Department’s Motion for voluntary directly to these primary firms, the Investigations of Petition, Application remand. subject firm is not a downstream for Reconsideration, and USCIT producer. Therefore, the application for Statutory Requirements Complaint reconsideration was denied. AR 44–47. The Act authorizes the Department to The petitioners identified the subject During the remand investigation, the certify worker groups as eligible to worker group as twelve ‘‘airline Department carefully reviewed apply for TAA generally when the customer service and ramp agents’’ in previously-submitted information and increased imports or shifts in the employ of Atlantic Southeast obtained additional information from production of articles or supply of Airlines (ASA) working at Fort Smith, the subject firm regarding its operations. services of the workers’ firm contributed Arkansas. AR 4. The petition states that The subsequent investigation covered importantly to a significant number or ‘‘ASA is closing stations @ Ft. Smith and the reasons for the subject firm’s closure proportion of worker separations or all surrounding airports.’’ AR 5. of its Fort Smith, Arkansas operations, threats of separation and there have Information provided by the subject the type of work engaged in by the been absolute decreases in the sales or firm during the initial investigation subject worker group and where the production of the workers’ firm. revealed that, at the Fort Smith, work that it performed is currently In narrowly defined circumstances, Arkansas location, the subject worker taking place, the nature of the customer Section 222(c) of the Act, 19 U.S.C. group consisted of airport station base at that location, and the 2272(c), permits the certification of manager(s), airport station supervisor(s), customer(s) of the subject firm. worker groups based on the direct and airport ramp/baggage agent(s). AR The remand investigation confirmed relationship between the workers’ firm 25–26. The initial investigation also that the subject firm did not solicit and another firm that employed a revealed that the subject firm had a business for Delta Air Lines, SAR 24, 27, worker group eligible to apply for TAA contract with Delta Air Lines to supply or maintain or have access to Delta Air (a primary firm). For the Department to airport ramp and baggage agents and Lines’ customer list. SAR 3, 19, 27. The issue such a ‘‘secondary worker’’ airport station supervisors and subject firm provided ground handling certification to workers of a Supplier or managers. AR 14, 17, 24–25, 27–28, 33– and ticketing services to Delta Air Lines a Downstream Producer, the following 34. The subject firm also employed customers, who included individual criteria must be met: temporary workers supplied by Delta passengers, corporate accounts and (1) A significant number or proportion Global Services, Inc. to perform security travel agencies. SAR 3, 19, 21, 27. Under of the workers in the workers’ firm or personnel and administrative support contract to Delta Air Lines, on some an appropriate subdivision of the firm personnel services at the Fort Smith, flights, the subject firm also provided have become totally or partially Arkansas airport. AR 25, 33. aircraft and personnel. SAR 19, 27. The

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subject firm, and not Delta Air Lines, production or supply of an article or Signed at Washington, DC this 3rd day of paid the subject worker group. SAR 19, service that was a basis for a TAA September, 2010. 27. certification. SAR 32–33. Del Min Amy Chen, Issues on Remand Moreover, Section 222(c)(2) of the Act Certifying Officer, Office of Trade Adjustment does not permit secondary worker Assistance. The Plaintiff alleged in the complaint certification unless the service provided [FR Doc. 2010–23497 Filed 9–20–10; 8:45 am] to the USCIT that the decline in travel by the subject firm ‘‘is related to the BILLING CODE 4510–FN–P in the Forth Smith, Arkansas area is article or service that was the basis for attributable to a reduction in the such certification [under Section 222(a) operations of local firms that employed of the Act].’’ Certification of a worker DEPARTMENT OF LABOR workers eligible to apply for TAA, and group under Section 222(c) of the Act that this decline contributed to worker may not be based on a secondary worker Employment and Training separations at the subject firm. certification. Therefore, even if Delta Air Administration Because there is no dispute that a Lines workers could be certified eligible [TA–W–72,673] significant proportion or number of to apply for TAA on the basis that Delta workers of the subject firm was Air Lines provided transportation Weather Shield Manufacturing, separated, the only issues for the services related to the production or Medford, WI; Notice of Negative Department to decide on remand are supply of an article or service that was Determination Regarding Application whether or not the remaining two a basis for a TAA certification of one or for Reconsideration criteria of Section 222(c) of the Act have more of its customers, workers of the been met. Specifically, the Department By application dated August 12, 2010, subject firm may not be certified as must determine whether or not the the petitioners requested administrative adversely affected secondary workers. subject firm meets the requirements of reconsideration of the Department’s a ‘‘downstream producer’’ under The Plaintiff also alleged that the negative determination regarding Sections 222(c) and (d) of the Act and, domestic merger between Delta Air eligibility to apply for Trade Adjustment if so, whether or not the loss of business Lines and Northwest Airlines shows Assistance (TAA), applicable to workers by the subject firm with a primary firm trade impact that resulted in the worker and former workers of Weather Shield contributed importantly to the subject group layoffs. Manufacturing, Inc., Medford, worker group separations or threat of The Department investigated this Wisconsin (subject firm). The negative separations. allegation during the remand determination was signed on July 16, The investigations revealed that the investigation, and confirmed that 2010. The Notice of determination was services supplied by the subject firm worker separations at the subject firm published in the Federal Register on were provided under contract are attributable to Delta Air Lines August 2, 2010 (75 FR 45163). The exclusively for Delta Air Lines, AR 14, ceasing operations out of the Fort Smith, petitioning worker group provides 24–25, 27–28, 33–34, SAR 3, 19, 21, 27, Arkansas airport. SAR 3, 19, 21, 27. administrative support services related but that the subject worker group However, the newly-merged airline to the production of doors and windows worked for the subject firm and not for maintained operations out of the Fort at various Weather Shield Delta Air Lines. SAR 19, 27. Delta Air Smith, Arkansas location using a Manufacturing, Inc. facilities. Lines was the sole customer of the different airline customer service Workers at Weather Shield subject firm. SAR 3, 21, 27. The Fort provider. SAR 3, 19, 21, 27. Further, Manufacturing, Inc., Medford, Smith, Arkansas airport users such as those services provided by the subject Wisconsin, who became totally or leisure travelers, travel agencies, firm cannot be imported or shifted partially separated from employment on corporate accounts, and the military abroad as they are used directly by or after December 17, 2007 through may have benefited from the services domestic passengers. As such, August 9, 2012, are eligible to apply for supplied by the subject firm, and one or conducting a survey of Delta Air Lines TAA and alternative trade adjustment more of these entities may have to determine whether it increased its assistance under TA–W–64,725. employed workers who are eligible to imports of services like or directly Pursuant to 29 CFR 90.18(c), apply for TAA. However, workers and competitive with those supplied by the reconsideration may be granted under former workers of Delta Air Lines at Fort subject firm (as requested by Plaintiff’s the following circumstances: Smith, Arkansas airport are not eligible counsel) is not necessary. (1) If it appears on the basis of facts to apply for TAA. SAR 32–33. Based on a careful review of not previously considered that the Section 222(d)(3)(A) of the Act previously-submitted information and determination complained of was requires that a ‘‘downstream producer’’ new information obtained during the erroneous; perform ‘‘additional, value-added remand investigation, the Department (2) if it appears that the determination production processes or services determines that the petitioning workers complained of was based on a mistake directly for another firm for articles or have not met the eligibility criteria of in the determination of facts not services with respect to which a group Section 222(c) of the Trade Act of 1974, previously considered; or of workers in such other firm has been as amended. (3) if in the opinion of the Certifying certified under subsection (a) [of Section Officer, a mis-interpretation of facts or Conclusion 222 of the Act].’’ Section 222(d)(3)(B) of the law justified reconsideration of includes ‘‘transportation services’’ After careful reconsideration, I affirm the decision. among those services. the original negative determination of The negative determination The subject firm cannot meet the eligibility to apply for worker applicable to workers and former statutory definition of a ‘‘downstream adjustment assistance for workers and workers at the subject firm was based on producer’’ because it only directly former workers of Atlantic Southeast the findings that the subject firm did provided services to Delta Air Lines (not Airlines, a Subsidiary of Skywest, Inc., not, during the period under for the customers of Delta Air Lines). Airport Customer Division, including investigation, shift to a foreign country SAR 3, 21, 27. The subject firm did not on-site leased workers of Delta Global services like or directly competitive supply services directly related to the Services, Inc., Fort Smith, Arkansas. with those supplied by the workers or

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acquire these services from a foreign NATIONAL AERONAUTICS AND code 60186, to participate in this country; that the workers’ separation, or SPACE ADMINISTRATION meeting by telephone. The Webex link threat of separation, was not related to is https://nasa.webex.com/, meeting any increase in imports of like or [Notice (10–112)] number 991 907 278, and password directly competitive services; and that NASA Advisory Council; Planetary R+AW0rk! (the fifth character is the the workers did not supply a service Science Subcommittee; Supporting number zero). For questions, please call that was directly used in the production Research and Technology Working Michael New at (202) 358–1766. of an article or the supply of service by Group; Meeting Dated: September 14, 2010. a firm that employed a worker group that is eligible to apply for TAA based AGENCY: National Aeronautics and P. Diane Rausch, on the aforementioned article or service. Space Administration. Advisory Committee Management Officer, National Aeronautics and Space ACTION: Notice of Meeting. Additionally, the Department Administration. surveyed the subject firm’s major declining customers regarding their SUMMARY: In accordance with the [FR Doc. 2010–23437 Filed 9–20–10; 8:45 am] purchases of doors and/or windows. Federal Advisory Committee Act, Public BILLING CODE 7510–13–P The customer survey revealed that Law 92–463, as amended, the National customer imports of articles like or Aeronautics and Space Administration directly competitive with those announces a meeting of the Supporting produced by the subject firm declined Research and Technology Working NATIONAL CREDIT UNION in the relevant time period, both in Group of the Planetary Science ADMINISTRATION absolute terms and relative to the Subcommittee of the NASA Advisory SUNSHINE ACT; NOTICE OF AGENCY purchases of such articles from the Council. MEETING subject firm. DATED: Wednesday, October 13, 2010, 9 a.m.–3 p.m., Local Time. In the request for reconsideration, the TIME AND DATE: 10 a.m., Friday, ‘‘ ADDRESSES: petitioner states that Case number TA– NASA Headquarters, 300 E September 24, 2010. W–72,673 is the same company and Street, SW., Washington, DC, Room division as petition TA–64,725— 1Q39 (9 a.m.–3 p.m. EST). PLACE: Board Room, 7th Floor, Room Weather Shield Employees.’’ FOR FURTHER INFORMATION CONTACT: Dr. 7047, 1775 Duke Street, Alexandria, VA The petition date of TA–W–64,725 is Michael New, Planetary Science 22314–3428. December 17, 2008. The petition date of Division, National Aeronautics and STATUS: Closed. TA–W–72,673 is October 23, 2009. Space Administration Headquarters, 300 Because the investigation periods in the E Street, SW., Washington, DC 20546, MATTERS TO BE CONSIDERED: two cases are different, the findings in 202/358–1766; 1. Consideration of Supervisory TA–W–64,725 cannot be used as the [email protected]. Activities (7). Closed pursuant to basis for a certification of TA–W– SUPPLEMENTARY INFORMATION: The exemptions (8), (9)(A)(ii) and 9(B). 72,673. agenda topics for the meeting will RECESS: 11:30 a.m. The petitioner did not supply facts include: not previously considered; nor provide • Presentation of Working Group TIME AND DATE: 2:30 p.m., Friday, additional documentation indicating Process. September 24, 2010. • that there was either (1) a mistake in the Discussion of Role of NASA HQ PLACE: Board Room, 7th Floor, Room determination of facts not previously Program Officers. 7047, 1775 Duke Street, Alexandria, VA considered or (2) a misinterpretation of This meeting will be held in room 22314–3428. facts or of the law justifying 1Q39 on the 1st floor of NASA reconsideration of the initial Headquarters located at 300 E Street, STATUS: Open. determination. SW., Washington, DC 20546. All visitors Matters To Be Considered After careful review of the request for will need to sign in and show valid reconsideration, the Department government-issued picture 1. Final Rule—Part 704 of NCUA’s determines that 29 CFR 90.18(c) has not identification such as driver’s license or Rules and Regulations, Corporate Credit been met. passport to enter NASA Headquarters. Unions. Foreign nationals attending this meeting 2. Delegation of Authority, Corporate Conclusion will be required to provide a copy of Credit Union Service Organizations. their passport, visa, or green card in After review of the application and addition to providing the following 3. Board Briefing, Corporate Credit investigative findings, I conclude that information no less than 10 working Unions’ Legacy Asset Plan Update. there has been no error or days prior to the meeting: Full name; misinterpretation of the law or of the 4. Interpretive Ruling and Policy gender; date/place of birth; citizenship; facts which would justify Statement (IRPS) 10–2, Corporate visa/green card information (number, reconsideration of the Department of Federal Credit Union Chartering type, expiration date); passport Labor’s prior decision. Accordingly, the Guidelines. information (number, country, application is denied. expiration date); employer/affiliation FOR FURTHER INFORMATION CONTACT: Signed in Washington, DC, this 10th day of information (name of institution, Mary Rupp, Secretary of the Board, September, 2010. address, country, telephone); title/ Telephone: 703–518–6304. Del Min Amy Chen, position of attendee. The meeting will Certifying Officer, Office of Trade Adjustment also be available via teleconference and Mary Rupp, Assistance. by Web Ex. Any interested person may Board Secretary. [FR Doc. 2010–23502 Filed 9–20–10; 8:45 am] call the USA toll free conference call [FR Doc. 2010–23706 Filed 9–17–10; 4:15 pm] BILLING CODE 4510–FN–P number 877–915–2770, participant pass BILLING CODE P

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NATIONAL SCIENCE FOUNDATION formal presentations by academic and such amendment involves no significant industry experts addressing key hazards consideration, notwithstanding Networking and Information concepts for the draft Strategic Plan, the pendency before the Commission of Technology Research and was attended by some 100 members of a request for a hearing from any person. Development (NITRD) Program: Draft the public, while another 400 persons This biweekly notice includes all NITRD 2010 Strategic Plan—URL participated via the Webcast. notices of amendments issued, or Correction Background: As required by the High- proposed to be issued from August 26, Performance Computing Act of 1991 2010, to September 8, 2010. The last AGENCY: The National Coordination (Pub. L. 102–194), the Next Generation biweekly notice was published on Office (NCO) for Networking and Internet Research Act of 1998 (Pub. L. September 7, 2010 (75 FR 54390– Information Technology Research and 105–305), and the America COMPETES 54400). Development (NITRD). Act of 2007 (Pub. L. 110–69), NITRD Notice of Consideration of Issuance of ACTION: Notice, request for public currently provides a framework and comment. Amendments to Facility Operating mechanisms for coordination among 14 Licenses, Proposed No Significant Federal agencies that support advanced FOR FURTHER INFORMATION CONTACT: The Hazards Consideration Determination, IT R&D. These agencies report IT and Opportunity for a Hearing National Coordination Office (NCO) at research budgets in the NITRD crosscut, [email protected] or (703) 292–4873. and many other agencies with IT The Commission has made a Individuals who use a interests also participate informally in proposed determination that the telecommunications device for the deaf NITRD activities. The draft 2010 following amendment requests involve (TDD) may call the Federal Information Strategic Plan for the NITRD Program no significant hazards consideration. Relay Service (FIRS) at 1–800–877–8339 was developed by the NITRD agencies Under the Commission’s regulations in Title 10 of the Code of Federal between 8 a.m. and 8 p.m., Eastern time, pursuant to a recommendation of the Regulations (10 CFR), Section 50.92, Monday through Friday. President’s Council of Advisors on this means that operation of the facility DATES: Comments must be received by Science and Technology (PCAST). in accordance with the proposed 5 p.m. EDT on October 11, 2010. Invitation to comment: Inputs of one amendment would not (1) Involve a SUMMARY: With this notice, the National page or less are welcomed in response significant increase in the probability or Coordination Office for Networking and to this third and final request for public consequences of an accident previously Information Technology Research and comment on the Plan. E-mail to: nitrd- evaluated; or (2) create the possibility of Development (NITRD) requests [email protected]. a new or different kind of accident from comments from the public regarding the Submitted by the National Science draft 2010 Strategic Plan for the Federal any accident previously evaluated; or Foundation for the National (3) involve a significant reduction in a NITRD Program. The draft Strategic Plan Coordination Office (NCO) for is posted at: http://www.nitrd.gov/ margin of safety. The basis for this Networking and Information proposed determination for each DraftStrategicPlan/. Comments of one Technology Research and Development page or less in length are requested. amendment request is shown below. (NITRD) on September 1, 2010. The Commission is seeking public This request for information will be September 13, 2010. comments on this proposed active from September 10, 2010 to determination. Any comments received October 11, 2010. Suzanne H. Plimpton, Reports Clearance Officer, National Science within 30 days after the date of ADDRESSES: Submit comments via e- Foundation. publication of this notice will be mail to: [email protected]. Comments [FR Doc. 2010–23459 Filed 9–20–10; 8:45 am] considered in making any final submitted in response to this notice may BILLING CODE 7555–01–P determination. be made available to the public online Normally, the Commission will not or by alternative means. For this reason, issue the amendment until the please do not include in your comments expiration of 60 days after the date of information of a confidential nature, NUCLEAR REGULATORY publication of this notice. The such as sensitive personal information COMMISSION Commission may issue the license or proprietary information. [NRC–2010–0297] amendment before expiration of the 60- SUPPLEMENTARY INFORMATION: day period provided that its final Overview: This notice is issued by the Biweekly Notice Applications and determination is that the amendment National Coordination Office for the Amendments to Facility Operating involves no significant hazards Networking and Information Licenses Involving No Significant consideration. In addition, the Technology Research and Development Hazards Considerations Commission may issue the amendment (NITRD) Program. The draft NITRD prior to the expiration of the 30-day Strategic Plan reflects broad input from I. Background comment period should circumstances Federal agencies as well as from Pursuant to section 189a. (2) of the change during the 30-day comment researchers and other stakeholders in Atomic Energy Act of 1954, as amended period such that failure to act in a academia, industry, national (the Act), the U.S. Nuclear Regulatory timely way would result, for example in laboratories, and professional/technical Commission (the Commission or NRC) derating or shutdown of the facility. organizations. Public inputs were is publishing this regular biweekly Should the Commission take action solicited in a detailed August 2008 notice. The Act requires the prior to the expiration of either the Request for Information (RFI) and in a Commission publish notice of any comment period or the notice period, it February 2009 public forum and amendments issued, or proposed to be will publish in the Federal Register a Webcast. Several hundred comments issued and grants the Commission the notice of issuance. Should the were received in response to the RFI, authority to issue and make Commission make a final No Significant and many of these were posted to the immediately effective any amendment Hazards Consideration Determination, NITRD Web site for further comment. to an operating license upon a any hearing will take place after The public forum, which included determination by the Commission that issuance. The Commission expects that

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the need to take this action will occur right under the Act to be made a party request for hearing, a petition for leave very infrequently. to the proceeding; (3) the nature and to intervene, any motion or other Written comments may be submitted extent of the requestor’s/petitioner’s document filed in the proceeding prior by mail to the Chief, Rules, property, financial, or other interest in to the submission of a request for Announcements and Directives Branch the proceeding; and (4) the possible hearing or petition to intervene, and (RADB), TWB–05–B01M, Division of effect of any decision or order which documents filed by interested Administrative Services, Office of may be entered in the proceeding on the governmental entities participating Administration, U.S. Nuclear Regulatory requestor’s/petitioner’s interest. The under 10 CFR 2.315(c), must be filed in Commission, Washington, DC 20555– petition must also identify the specific accordance with the NRC E–Filing rule 0001, and should cite the publication contentions which the requestor/ (72 FR 49139, August 28, 2007). The E– date and page number of this Federal petitioner seeks to have litigated at the Filing process requires participants to Register notice. Written comments may proceeding. submit and serve all adjudicatory also be faxed to the RADB at 301–492– Each contention must consist of a documents over the internet, or in some 3446. Documents may be examined, specific statement of the issue of law or cases to mail copies on electronic and/or copied for a fee, at the NRC’s fact to be raised or controverted. In storage media. Participants may not Public Document Room (PDR), located addition, the requestor/petitioner shall submit paper copies of their filings at One White Flint North, Public File provide a brief explanation of the bases unless they seek an exemption in Area O1F21, 11555 Rockville Pike (first for the contention and a concise accordance with the procedures floor), Rockville, Maryland. statement of the alleged facts or expert described below. Within 60 days after the date of opinion which support the contention To comply with the procedural publication of this notice, any person(s) and on which the requestor/petitioner requirements of E–Filing, at least ten whose interest may be affected by this intends to rely in proving the contention (10) days prior to the filing deadline, the action may file a request for a hearing at the hearing. The requestor/petitioner participant should contact the Office of and a petition to intervene with respect must also provide references to those the Secretary by e-mail at to issuance of the amendment to the specific sources and documents of [email protected], or by telephone subject facility operating license. which the petitioner is aware and on at (301) 415–1677, to request (1) a Requests for a hearing and a petition for which the requestor/petitioner intends digital ID certificate, which allows the leave to intervene shall be filed in to rely to establish those facts or expert participant (or its counsel or accordance with the Commission’s opinion. The petition must include representative) to digitally sign ‘‘Rules of Practice for Domestic sufficient information to show that a documents and access the E–Submittal Licensing Proceedings’’ in 10 CFR part genuine dispute exists with the server for any proceeding in which it is 2. Interested person(s) should consult a applicant on a material issue of law or participating; and (2) advise the current copy of 10 CFR 2.309, which is fact. Contentions shall be limited to Secretary that the participant will be available at the Commission’s PDR, matters within the scope of the submitting a request or petition for located at One White Flint North, Public amendment under consideration. The hearing (even in instances in which the File Area O1F21, 11555 Rockville Pike contention must be one which, if participant, or its counsel or (first floor), Rockville, Maryland. proven, would entitle the requestor/ representative, already holds an NRC- Publicly available records will be petitioner to relief. A requestor/ issued digital ID certificate). Based upon accessible from the Agencywide petitioner who fails to satisfy these this information, the Secretary will Documents Access and Management requirements with respect to at least one establish an electronic docket for the System’s (ADAMS) Public Electronic contention will not be permitted to hearing in this proceeding if the Reading Room on the Internet at the participate as a party. Secretary has not already established an NRC Web site, http://www.nrc.gov/ Those permitted to intervene become electronic docket. reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any Information about applying for a request for a hearing or petition for limitations in the order granting leave to digital ID certificate is available on leave to intervene is filed by the above intervene, and have the opportunity to NRC’s public Web site at http:// date, the Commission or a presiding participate fully in the conduct of the www.nrc.gov/site-help/e-submittals/ officer designated by the Commission or hearing. apply-certificates.html. System by the Chief Administrative Judge of the If a hearing is requested, the requirements for accessing the E– Atomic Safety and Licensing Board Commission will make a final Submittal server are detailed in NRC’s Panel, will rule on the request and/or determination on the issue of no ‘‘Guidance for Electronic Submission,’’ petition; and the Secretary or the Chief significant hazards consideration. The which is available on the agency’s Administrative Judge of the Atomic final determination will serve to decide public Web site at http://www.nrc.gov/ Safety and Licensing Board will issue a when the hearing is held. If the final site-help/e-submittals.html. Participants notice of a hearing or an appropriate determination is that the amendment may attempt to use other software not order. request involves no significant hazards listed on the Web site, but should note As required by 10 CFR 2.309, a consideration, the Commission may that the NRC’s E–Filing system does not petition for leave to intervene shall set issue the amendment and make it support unlisted software, and the NRC forth with particularity the interest of immediately effective, notwithstanding Meta System Help Desk will not be able the petitioner in the proceeding, and the request for a hearing. Any hearing to offer assistance in using unlisted how that interest may be affected by the held would take place after issuance of software. results of the proceeding. The petition the amendment. If the final If a participant is electronically should specifically explain the reasons determination is that the amendment submitting a document to the NRC in why intervention should be permitted request involves a significant hazards accordance with the E–Filing rule, the with particular reference to the consideration, any hearing held would participant must file the document following general requirements: (1) The take place before the issuance of any using the NRC’s online, Web-based name, address, and telephone number of amendment. submission form. In order to serve the requestor or petitioner; (2) the All documents filed in NRC documents through EIE, users will be nature of the requestor’s/petitioner’s adjudicatory proceedings, including a required to install a Web browser plug-

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in from the NRC Web site. Further 0001, Attention: Rulemaking and problems in accessing the documents information on the Web-based Adjudications Staff; or (2) courier, located in ADAMS, should contact the submission form, including the express mail, or expedited delivery NRC PDR Reference staff at 1–800–397– installation of the Web browser plug-in, service to the Office of the Secretary, 4209, 301–415–4737, or by e-mail to is available on the NRC’s public Web Sixteenth Floor, One White Flint North, [email protected]. site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, Entergy Operations, Inc., Docket No. 50– submittals.html. Maryland, 20852, Attention: Once a participant has obtained a Rulemaking and Adjudications Staff. 382, Waterford Steam Electric Station, digital ID certificate and a docket has Participants filing a document in this Unit 3, St. Charles Parish, Louisiana been created, the participant can then manner are responsible for serving the Date of amendment request: July 20, submit a request for hearing or petition document on all other participants. 2010. for leave to intervene. Submissions Filing is considered complete by first- Description of amendment request: should be in Portable Document Format class mail as of the time of deposit in The proposed amendment would (PDF) in accordance with NRC guidance the mail, or by courier, express mail, or modify Technical Specification (TS) available on the NRC public Web site at expedited delivery service upon Limiting Condition for Operation (LCO) http://www.nrc.gov/site-help/e- depositing the document with the 3.7.1.2, ‘‘Emergency Feedwater System,’’ submittals.html. A filing is considered provider of the service. A presiding to clarify the acceptability of complete at the time the documents are officer, having granted an exemption transitioning from Mode 4 to Mode 3 submitted through the NRC’s E–Filing request from using E–Filing, may with the turbine-driven emergency system. To be timely, an electronic require a participant or party to use E– feedwater (EFW) pump inoperable but filing must be submitted to the E–Filing Filing if the presiding officer available. This proposal would grant an system no later than 11:59 p.m. Eastern subsequently determines that the reason exception to TS LCO 3.0.4 and Time on the due date. Upon receipt of for granting the exemption from use of Surveillance Requirement 4.0.4 a transmission, the E–Filing system E–Filing no longer exists. allowing entry into operational Mode 3 time-stamps the document and sends Documents submitted in adjudicatory with TS LCO equipment, the turbine- the submitter an e-mail notice proceedings will appear in NRC’s driven EFW pump, associated with a confirming receipt of the document. The electronic hearing docket which is shutdown action inoperable. E–Filing system also distributes an e- available to the public at http:// Basis for proposed no significant mail notice that provides access to the ehd.nrc.gov/EHD_Proceeding/home.asp, hazards consideration determination: document to the NRC Office of the unless excluded pursuant to an order of As required by 10 CFR 50.91(a), the General Counsel and any others who the Commission, or the presiding licensee has provided its analysis of the have advised the Office of the Secretary officer. Participants are requested not to issue of no significant hazards that they wish to participate in the include personal privacy information, consideration, which is presented proceeding, so that the filer need not such as social security numbers, home below: serve the documents on those addresses, or home phone numbers in 1. Does the proposed change involve a participants separately. Therefore, their filings, unless an NRC regulation significant increase in the probability or applicants and other participants (or or other law requires submission of such consequences of an accident previously their counsel or representative) must information. With respect to evaluated? apply for and receive a digital ID copyrighted works, except for limited Response: No. certificate before a hearing request/ excerpts that serve the purpose of the The proposed addition of an exception to petition to intervene is filed so that they adjudicatory filings and would TS LCO 3.0.4 for entry into Mode 3 during can obtain access to the document via constitute a Fair Use application, a plant startup for the turbine-driven EFW the E–Filing system. participants are requested not to include pump for a plant condition when the turbine A person filing electronically using driven EFW pump would be unable to copyrighted materials in their complete its post maintenance activities (i.e. the agency’s adjudicatory E–Filing submission. dynamic final calibration of the governor system may seek assistance by Petitions for leave to intervene must valve speed control unit governor control contacting the NRC Meta System Help be filed no later than 60 days from the system) due to insufficient steam pressure in Desk through the ‘‘Contact Us’’ link date of publication of this notice. Non- the steam generator secondary side and then located on the NRC Web site at http:// timely filings will not be entertained to complete the quarterly IST [Inservice www.nrc.gov/site-help/e- absent a determination by the presiding Testing] and 18 month EFAS [Engineered submittals.html, by e-mail at officer that the petition or request Safety Features Actuation System] SR [email protected], or by a toll- should be granted or the contentions [Surveillance Requirement] within the free call at (866) 672–7640. The NRC should be admitted, based on a allowance of the delay of the respective SR Meta System Help Desk is available balancing of the factors specified in 10 is administrative in nature. This change will clarify that the turbine- between 8 a.m. and 8 p.m., Eastern CFR 2.309(c)(1)(i)–(viii). driven EFW pump is not required to fully Time, Monday through Friday, For further details with respect to this demonstrate operability (i.e. be inoperable excluding government holidays. license amendment application, see the pending completion of the quarterly IST and Participants who believe that they application for amendment which is 18 month EFAS SR) during plant startup have a good cause for not submitting available for public inspection at the prior to entry into Mode 3 under the documents electronically must file an Commission’s PDR, located at One conditions and for the period as provided in exemption request, in accordance with White Flint North, Public File Area the quarterly IST and 18 month EFAS SR as 10 CFR 2.302(g), with their initial paper O1F21, 11555 Rockville Pike (first granted by the NRC [Nuclear Regulatory filing requesting authorization to floor), Rockville, Maryland. Publicly Commission] in Reference 7.1 [NRC letter to continue to submit documents in paper available records will be accessible from Waterford 3 dated October 4, 2001, Waterford Steam Electric Station—Unit 3, Issuance of format. Such filings must be submitted the ADAMS Public Electronic Reading Amendment RE: Emergency Feedwater by: (1) First class mail addressed to the Room on the Internet at the NRC Web System (TAC No MB2010), Agencywide Office of the Secretary of the site, http://www.nrc.gov/reading-rm/ Documents Access and Management System Commission, U.S. Nuclear Regulatory adams.html. Persons who do not have (ADAMS) Accession No. ML012840538]. Commission, Washington, DC 20555– access to ADAMS or who encounter When the plant enters Mode 3 during plant

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startup, the turbine-driven EFW pump is the turbine-driven EFW pump turbine, it will The proposed clarification does not available (i.e., there is a reasonable be able to successfully complete the quarterly adversely affect Emergency Feedwater expectation that once sufficient steam IST and 18 month EFAS surveillance equipment operating practices. The EFW pressure is available to the turbine-driven requirements to fully demonstrate System has the same capabilities as before to EFW pump turbine, it will be able to operability). mitigate accidents. Surveillance requirements successfully complete the quarterly IST and Prior to entry into Mode 2, surveillance are not reduced by the proposed change. The 18 month EFAS surveillance requirements to requirement testing of various combinations EFW System capability to provide its fully demonstrate operability). of EFW pumps and valves will ensure ALL specified function of being able to achieve Prior to entry into Mode 2, surveillance required EFW system flow paths and shutdown cooling entry conditions of the requirement testing of various combinations equipment (which includes the turbine- Reactor Coolant System following a worst of EFW pumps and valves will ensure ALL driven EFW pump) are demonstrated case postulated accident is unchanged by this required EFW system flow paths and operable before sufficient core heat is clarification. equipment (which includes the turbine- generated that would require the operation of Therefore, the proposed change does not driven EFW pump) are demonstrated the EFW System during a subsequent involve a significant reduction in a margin of operable before sufficient core heat is shutdown. safety. generated that would require the operation of The addition of this exception to TS LCO the EFW System during a subsequent 3.0.4 for the turbine-driven EFW pump The NRC staff has reviewed the shutdown. introduces no new mode of plant operation licensee’s analysis and, based on this Since the two motor-driven EFW pumps and does not alter the EFW System review, it appears that the three are required to be operable when entering functional capability. The scope of this standards of 10 CFR 50.92(c) are Modes 3 from Mode 4, then for the worst case proposed change does not establish a satisfied. Therefore, the NRC staff postulated accident scenario during plant potential new accident precursor. This proposes to determine that the startup, with the turbine-driven EFW pump proposed change will not change the design, amendment request involves no considered inoperable but available (utilizing configuration or method of operation of the the exception to TS LCO 3.0.4 as tied to the EFW System. No new possibility for an significant hazards consideration. quarterly IST and 18 month EFAS SR for accident is introduced by the proposed Attorney for licensee: Joseph A. fully demonstrating operability of the clarification. Aluise, Associate General Counsel— turbine-driven EFW pump), the EFW System Therefore, the proposed change does not Nuclear, Entergy Services, Inc., 639 safety function of achieving shutdown create the possibility of a new or different Loyola Avenue, New Orleans, Louisiana cooling entry conditions would be met. kind of accident from any accident 70113. This request is merely a clarification and previously evaluated. NRC Branch Chief: Michael T. does not present any change to equipment 3. Does the proposed change involve a Markley. operation, design or practices. The proposed significant reduction in a margin of safety? clarification is not an accident initiator and Response: No. NextEra Energy Point Beach, LLC (the will not adversely affect plant safety The proposed addition of an exception to licensee), Docket Nos. 50–266 and 50– functions. The EFW System capability to TS LCO 3.0.4 for entry into Mode 3 during 301, Point Beach Nuclear Plant (PBNP), provide its specified function of being able to a plant startup for the turbine-driven EFW Units 1 and 2, Town of Two Creeks, achieve shutdown cooling entry conditions pump for a plant condition when the turbine- of the Reactor Coolant [S]ystem is unchanged driven EFW pump would be unable to Manitowac County, Wisconsin by this clarification. complete its post maintenance activities (i.e. Date of amendment request: April 7, Therefore, this change does not involve a dynamic final calibration of the governor 2009, as supplemented by letters dated significant increase in the probability or valve speed control unit governor control June 17, September 11, November 20, consequences of an accident previously system) due to insufficient steam pressure in November 30, and December 8 of 2009; evaluated. the steam generator secondary side and then 2. Does the proposed change create the to complete the quarterly IST and 18 month and February 11, February 25, April 22, possibility of a new or different kind of EFAS SR within the allowance of the delay April 30, July 21, July 28, and August accident from any accident previously of the respective SR is administrative in 2 of 2010. evaluated? nature. Description of amendment request: Response: No. This change will clarify that the turbine- The proposed amendment would revise The proposed addition of an exception to driven EFW pump is not required to fully Reactor Protection System (RPS) and TS LCO 3.0.4 for entry into Mode 3 during demonstrate operability (i.e. be inoperable Engineered Safety Feature Actuation a plant startup for the turbine-driven EFW pending completion of the quarterly IST and System (ESFAS) instrumentation pump for a plant condition when the turbine- 18 month EFAS SR) during plant startup driven EFW pump would be unable to when entering Mode 3 under the conditions setpoints for the PBNP, Units 1 and 2. complete its post maintenance activities (i.e. and for the period as provided in the The revised Technical Specification dynamic final calibration of the governor quarterly IST and 18 month EFAS SR as (TS) allowable values are specified in valve speed control unit governor control granted by the NRC in Reference 7.1. When Tables 3.3.1–1 and 3.3.2–1 for RPS and system) due to insufficient steam pressure in the plant enters Mode 3 during plant startup, ESFAS, respectively. These changes the steam generator secondary side and then the turbine-driven EFW pump is available were originally included as part of the to complete the quarterly IST and 18 month (i.e. there is a reasonable expectation that April 7, 2009, extended power uprate EFAS SR within the allowance of the delay once sufficient steam pressure is available to (EPU) license amendment request, but of the respective SR is administrative in the turbine-driven EFW pump turbine, it will subsequently divided into a separate be able to successfully complete the quarterly nature. licensing action for independent This change will clarify that the turbine- IST and 18 month EFAS surveillance driven EFW pump is not required to fully requirements to fully demonstrate technical review. The proposed changes demonstrate operability (i.e. be inoperable operability). include both EPU and non-EPU related pending completion of the quarterly IST and Prior to entry into Mode 2, surveillance changes. 18 month EFAS SR) during plant startup requirement testing of various combinations Basis for proposed no significant prior to entry into Mode 3 under the of EFW pumps and valves will ensure ALL hazards consideration determination: conditions and for the period as provided in required EFW system flow paths and As required by 10 CFR 50.91(a), an the quarterly IST and 18 month EFAS SR as equipment (which includes the turbine- analysis of the issue of no significant granted by the NRC in Reference 7.1. When driven EFW pump) are demonstrated hazards consideration is presented the plant enters Mode 3 during plant startup, operable before sufficient core heat is the turbine-driven EFW pump is available generated that would require the operation of below: (i.e. there is a reasonable expectation that the EFW System during a subsequent 1. Does the proposed amendment involve once sufficient steam pressure is available to shutdown. a significant increase in the probability or

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consequences of an accident previously revises the TSs to enhance the controls used AFW switchover from a CST suction evaluated? to maintain the variables and systems within source to a safety-related Service Water Response: No. the prescribed operating ranges, in order to (SW) source; and (4) setpoint changes The proposed changes to the TSs will ensure that automatic protection actions supporting the aforementioned physical ensure that the results of previously occur to initiate the operation of systems and evaluated accidents at the uprated conditions components important to safety as assumed modifications. These changes were remain within the acceptance criteria. The in the accident analysis. No change is made originally included as part of the April proposed RPS and ESFAS setpoint changes to the accident analysis assumptions. 7, 2009, EPU license amendment provide appropriate values for operation at The proposed changes to the RPS and request, but subsequently divided into a EPU conditions. The revised TS allowable ESFAS setpoint TSs provide adequate margin separate licensing action for values have been calculated to account for such that PBNP Units 1 and 2 can be independent technical review. The new EPU analytical limits, instrument operated in a safe manner at EPU conditions. upgrades and modifications to the AFW No new accident scenarios, failure uncertainties, and instrument drift. The system are being installed to provide proposed RPS and ESFAS setpoint changes mechanisms, or single failures are introduced are considered in the safety analysis for the as a result of the proposed changes. All additional capacity and reliability for affected RPS and ESFAS functions, and do systems, structures and components the system. Although the proposed not significantly increase the probability or previously assumed for the mitigation of an changes are also designed to support the consequences of the accidents previously event remain capable of fulfilling their requirements for transients and other evaluated and the setpoint changes intended function. The proposed changes accidents at EPU conditions, the considered in the safety analysis continue to will not have any significant effect on the proposed changes for this amendment meet the applicable acceptance criteria. The margin of safety. are being evaluated using the current safety analyses for these accidents have been Therefore, the proposed change does not involve a significant reduction in the margin licensing basis. performed at the EPU power level and Basis for proposed no significant demonstrated acceptable results. of safety. The proposed changes will ensure that the hazards consideration determination: The NRC staff has reviewed the As required by 10 CFR 50.91(a), the instruments actuate as assumed to mitigate licensee’s analysis and, based on this accidents previously evaluated. The licensee has provided its analysis of the proposed changes will not significantly affect review, it appears that the three issue of no significant hazards accident initiators or precursors and will not standards of 10 CFR 50.92(c) are consideration. The NRC staff performed alter or prevent the ability of systems, satisfied. Therefore, the NRC staff its own analysis, which is presented structures, or components from performing proposes to determine that the below: the intended safety function to meet the amendment request involves no applicable acceptance limits for the accidents significant hazards consideration. 1. Does the proposed amendment involve and events. a significant increase in the probability or Attorney for licensee: William Blair, consequences of an accident previously Therefore, the proposed change does not Senior Attorney, NextEra Energy Point involve a significant increase in the evaluated? Beach, LLC, P. O. Box 14000, Juno Response: No. probability or consequences of an accident Beach, FL 33408–0420. previously evaluated. The design functions of the AFW system will not be altered by the proposed change. 2. Does the proposed amendment create NRC Branch Chief: Robert J. The AFW system will continue to perform its the possibility of a new or different kind of Pascarelli. original intended design function, mitigating accident from any accident previously NextEra Energy Point Beach, LLC (the the consequences of accidents previously evaluated? licensee), Docket Nos. 50–266 and 50– evaluated. The proposed changes will not Response: No. 301, Point Beach Nuclear Plant, Units 1 significantly affect accident initiators or The change does not involve a physical precursors. No new accident scenarios, alteration of the plant or change the methods and 2, Town of Two Creeks, Manitowac County, Wisconsin failure mechanisms, or single failures are governing normal plant operation. The introduced as a result of the proposed change does not alter assumptions made in Date of amendment request: April 7, modifications. the safety analyses, but ensures that the 2009, as supplemented by letters dated Implementation of the new AFW system instruments behave as assumed in the June 17 (two letters), September 11, design and the proposed changes to TS 3.7.5 accident analysis. The proposed change is September 25, October 9, November 20 was evaluated against the current analysis of consistent with the safety analysis record for the current licensed power level at assumptions. The proposed RPS and ESFAS (two letters), November 21 (two letters), November 30, December 8, and PBNP, Units 1 and 2. The current analyses Limiting Safety System Setting (LSSS) remain applicable or are unaffected by changes do not create the possibility of a new December 16 of 2009; and January 7, implementation of the new AFW system and or different type of accident due to operation January 8, January 22, February 11, associated TS changes, with the exception of at EPU conditions. The revised TS LSSS February 25, March 3, April 15, April the steam line break containment response values have been calculated to account for 22, July 8, July 28, August 2, August 9, and steam generator tube rupture (SGTR) new EPU analytical limits and known and August 24 of 2010. radiological consequences. These two instrument uncertainties. The proposed RPS Description of amendment request: accidents were reanalyzed with the current and ESFAS setpoint changes are used in the The proposed amendment would licensing basis for the AFW modifications safety analysis for the affected RPS and and the results were acceptable with the ESFAS functions, and do not significantly change the auxiliary feedwater (AFW) system design and Technical revised minimum and maximum AFW flow affect these accidents or the applicable rates and pump start timing. acceptance criteria. Specifications (TS) 3.7.5, ‘‘Auxiliary Therefore, the consequences of accidents Therefore, the proposed change does not Feedwater (AFW),’’ and TS 3.7.6, previously evaluated for the current licensed create the possibility of a new or different ‘‘Condensate Storage Tank (CST),’’ power level are not significantly increased. kind of accident from any previously resulting from (1) modifications to the A proposed change to TS 3.7.6 changes the evaluated. AFW system to support requirements surveillance requirement (SR) for minimum 3. Does the proposed amendment involve for transients and other accidents at CST water inventory to be maintained to a significant reduction in a margin of safety? extended power uprate (EPU) supply AFW pump suction in the event of a Response: No. conditions; (2) installation of main Station Blackout, when the safety-related The proposed changes clarify the TS AFW suction source from the SW system is requirements for instrumentation to ensure feedwater isolation valves to support not available. The proposed TS 3.7.6 SR that the automatic protection action will accident mitigation by ensuring that increases the current minimum required correct the abnormal situation before a safety containment pressure does not exceed inventory to account for the increased flow limit is exceeded. The proposed change also safety analysis limits; (3) automatic rates from the new AFW system design,

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suction piping losses, instrument Balance of Plant (BOP) systems based on administrative controls in place, which limit uncertainties, vortex prevention, net positive completion of the required modifications, the height of the RVH lift, ensuring an actual suction head (NPSH) requirements, and the confirm that the systems and components drop is bounded by the analyses of record. suction of the AFW pumps under various will function as designed and demonstrate Incorporation of the analysis performed in combinations of CST and plant units in that the NSSS and BOP systems and accordance with NRC-approved guidance, operation. This change to the minimum components meet all applicable design and which demonstrates bottom-mounted required CST level inventory will not licensing requirements at the uprated power instrumentation (BMI) conduits will not increase the probability or consequences of level. sever following a postulated RVH drop, does previously evaluated accidents. Therefore, the proposed change does not not increase the probability or consequences Therefore, the proposed change does not involve a significant reduction in the margin of a previously evaluated accident. The involve a significant increase in the of safety. evaluation, in fact, demonstrates that if the probability or consequences of an accident postulated RVH drop occurred, the previously evaluated. Based on the above review, it appears consequences would be significantly less 2. Does the proposed amendment create that the three standards of 10 CFR than are now assumed because the ability to the possibility of a new or different kind of 50.92(c) are satisfied. Therefore, the maintain a coolable geometry in the core has accident from any accident previously NRC staff proposes to determine that the not been compromised. In accordance with evaluated? amendment request involves no NRC-endorsed methodology contained in NEI Response: No. significant hazards consideration. 08–05, which states, ‘‘Previous evaluations The proposed change does not introduce a Attorney for licensee: William Blair, have indicated that the consequences of new mode of plant operation. The proposed Senior Attorney, NextEra Energy Point impacts between the upper vessel internals changes involving the AFW system do not and the fuel were not significant with respect significantly alter any design basis accident Beach, LLC,.P. O. Box 14000, Juno to public health and safety,’’ a revised or event response. The proposed changes will Beach, FL 33408–0420. radiological analysis was not performed. not significantly affect accident initiators or NRC Branch Chief: Robert J. Therefore, the proposed change does not precursors. The AFW system will continue to Pascarelli. involve a significant increase in the perform its design function. No new accident probability or consequences of an accident scenarios, failure mechanisms, or single NextEra Energy Point Beach, LLC (the previously evaluated. failures are introduced as a result of the licensee), Docket Nos. 50–266 and 50– 2. Does the proposed amendment create proposed modifications. All systems, 301, Point Beach Nuclear Plant, Units 1 the possibility of a new or different kind of structures, and components previously and 2, Town of Two Creeks, Manitowac accident from any accident previously assumed for the mitigation of an event County, Wisconsin evaluated? remain capable of fulfilling their intended Response: No. design function. The new AFW system Date of amendment request: June 1, The proposed amendment is limited in design and proposed changes to TS 3.7.5 and 2010, as supplemented by letter dated scope to a postulated RVH drop and the the proposed increase in CST inventory in TS July 9, 2010. administrative controls in place, which limit 3.7.6 do not create the possibility of a new Description of amendment request: the height of the reactor RVH lift, ensuring or different kind of accident or event. The proposed amendment consists of an actual drop is bounded by the analysis of As previously discussed, implementation revising the current license basis record. of the new AFW system design and the regarding a postulated reactor vessel Incorporation of the analysis performed in proposed changes to TS 3.7.5 was evaluated head (RVH) drop event to conform to accordance with NRC-approved guidance, against the current analysis of record for the which demonstrates BMI conduits will not current licensed power level at PBNP, Units the NRC-endorsed guidance of Nuclear sever following a postulated RVH drop, does 1 and 2. The current analyses remain Energy Institute (NEI) 08–05, ‘‘Industry not create the possibility of a new or different applicable or are unaffected by Initiative on Control of Heavy Loads,’’ kind of accident from any accident implementation of the new AFW system and Revision 0. The proposed change to the previously evaluated. The proposed associated TS changes, with the exception of license basis will revise Chapter 14.3.6, amendment does not: (1) Operate equipment the steam line break containment response ‘‘Reactor Vessel Head Drop Event,’’ of in alignments or in a manner different form and steam generator tube rupture (SGTR) the Final Safety Analysis Report. The that previously evaluated in the FSAR; (2) radiological consequences. These two current license basis assumes failure of install, remove or modify equipment accidents were reanalyzed with the current important to safety; or (3) introduce new licensing basis for the AFW modifications the reactor coolant system (RCS) failure modes or effects for any existing and the results are acceptable with the boundary caused by the predicted system, structure or component. revised minimum and maximum AFW flow maximum downward displacement of Therefore, the proposed change does not rates and pump start timing. The AFW the reactor vessel which would sever all create the possibility of a new or different system design change, the changes to TS 36 bottom-mounted instrument (BMI) kind of any accident from any previously .3.7.5, and the increase in required CST conduit tubes. The new analysis evaluated. inventory established in TS 3.7.6, are not demonstrates that a postulated RVH 3. Does the proposed amendment involve significant accident initiators or precursor drop would not result in a loss of RCS a significant reduction in a margin of safety? and will not create the possibility of a new Response: No. or different kind of accident. inventory caused by an RCS boundary The proposed amendment is limited in Therefore, the proposed change does not failure, since the BMI conduits would scope to a postulated RVH drop and the create the possibility of a new or different remain intact. administrative controls in place, which limit kind of accident from any previously Basis for proposed no significant the height of the reactor RVH lift, ensuring evaluated. hazards consideration determination: an actual drop is bounded by the analysis of 3. Does the proposed amendment involve As required by 10 CFR 50.91(a), the record. a significant reduction in a margin of safety? licensee has provided its analysis of the Incorporation of the analysis performed in Response: No. issue of no significant hazards accordance with NRC-approved guidance, The upgrade to the AFW system is being consideration, which is presented which demonstrates BMI conduits will not made to support requirements for transients sever following a postulated RVH drop, does and other accidents at EPU conditions. This below: not involve a significant reduction in the modification to the AFW system will provide 1. Does the proposed amendment involve margin of safety. The evaluation, in fact, additional capacity and reliability for the a significant increase in the probability or demonstrates that if the postulated RVH drop system. As such, the proposed amendment consequences of an accident previously occurred, the consequences would be does not involve a significant reduction in evaluated? significantly less than are now assumed safety. Response: No. because the ability to maintain a coolable The analyses and evaluations of the The proposed amendment is limited in geometry in the core has not been Nuclear Steam Supply System (NSSS) and scope to a postulated RVH drop and the compromised.

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Therefore, the proposed change does not likelihood of fuel failures, and reduce MELLLA+ operating domain uses developed involve a significant reduction in the margin the likelihood of accidents initiated by technology and applies it within the of safety. reactor maneuvers. capabilities of existing plant safety-related The NRC staff has reviewed the equipment in accordance with the regulatory Basis for proposed no significant criteria (including NRC approved codes, licensee’s analysis and, based on this hazards consideration determination: standards and methods). No new accident or review, it appears that the three As required by Title 10 of the Code of event precursor has been identified. standards of 10 CFR 50.92(c) are Federal Regulations (10 CFR) Part The-MNGP TS require revision to satisfied. Therefore, the NRC staff 50.91(a), the licensee has provided its implement the MELLLA+ operating domain. proposes to determine that the analysis of the issue of no significant The revisions have been assessed and it was amendment request involves no hazards consideration (NSHC). The determined that the proposed change will not significant hazards consideration. licensee’s NSHC analysis is reproduced introduce a different accident than that Attorney for licensee: William Blair, previously evaluated. below: Therefore, the proposed changes do not Senior Attorney, NextEra Energy Point 1. Does the proposed change involve a create the possibility of a new or different Beach, LLC, P. O. Box 14000, Juno significant increase in the probability or kind of accident from any accident Beach, FL 33408–0420. consequences of an accident previously previously evaluated. NRC Branch Chief: Robert J. evaluated? 3. Does the proposed change involve a Pascarelli. Response: No. significant reduction in a margin of safety? Response: No. Northern States Power Company— The probability (frequency of occurrence) of [d]esign [b]asis [a]ccidents occurring is not The MELLLA+ operating domain affects Minnesota, Docket No. 50–263, affected by the MELLLA+ operating domain, only design and operational margins. Monticello Nuclear Generating Plant because MNGP continues to comply with the Challenges to the fuel, reactor coolant (MNGP), Wright County, Minnesota regulatory and design basis criteria pressure boundary, and containment were Date of amendment request: January established for plant equipment. Further, a evaluated for the MELLLA+ operating probabilistic risk assessment demonstrates domain conditions. Fuel integrity is 21, 2010. maintained by meeting existing design and Description of amendment request: that the calculated core damage frequencies do not significantly change due to the regulatory limits. The calculated loads on The licensee proposed to amend the affected structures, systems and components, MNGP Technical Specifications to allow MELLLA+. There is no change in consequences of including the reactor coolant pressure operation in the Maximum Extended postulated accidents, when operating in the boundary, will remain within their design allowables for design[-]basis event categories. Load Line Limit Analysis Plus MELLLA+ operating domain compared to the No NRC acceptance criterion is exceeded. (MELLLA+) expanded domain. The operating domain previously evaluated. The Because the MNGP configuration and licensee stated that the Nuclear results of accident evaluations remain within responses to transients and postulated the NRC[-]approved acceptance limits. Regulatory Commission (NRC) had accidents do not result in exceeding the previously approved various aspects of The spectrum of postulated transients has presently approved NRC acceptance’ limits, the MELLLA+ methodology, but that the been investigated and is shown to meet the the proposed changes do not involve a current application is the first plant- plant’s currently licensed regulatory criteria. significant reduction in a margin of safety. In the area of fuel and core design, for specific use of such methodology. The The NRC staff has reviewed the amendment would include changes to example, the Safety Limit Minimum Critical Power Ratio (SLMCPR) is still met. licensee’s analysis and, based on this the Technical Specifications to: (1) Continued compliance with the SLMCPR review, it appears that the three Prohibit the use of the MELLLA+ will be confirmed on a cycle[-]specific basis standards of 10 CFR 50.92(c) are expanded operating domain when in consistent with the criteria accepted by the satisfied. Therefore, the NRC staff single loop operation; (2) change the NRC. proposes to determine that the proposed allowable value for Average Power Challenges to the [r]eactor [c]oolant amendment involves no significant [p]ressure [b]oundary were evaluated for the Range Monitor (APRM)-Simulated hazards consideration. Thermal Power—High; (3) eliminate an MELLLA+ operating domain conditions (pressure, temperature, flow, and radiation) Attorney for the licensee: Peter M. unnecessary surveillance requirement; Glass, Assistant General Counsel, Xcel (4) require certain content in the Core and were found to meet their acceptance criteria for allowable stresses and Energy Services, Inc., 414 Nicollet Mall, Operating Limits Report. Approval of overpressure margin. Minneapolis, MN 55401. this amendment would allow the Challenges to the containment were NRC Branch Chief: Robert J. licensee to implement operational evaluated and the containment and its Pascarelli. changes to provide increased associated cooling systems continue to meet operational flexibility for power the current licensing basis. The calculated Northern States Power Company— maneuvering, to compensate for fuel post[-]LOCA [loss-of-coolant accident] Minnesota, Docket Nos. 50–282 and 50– depletion, and to maintain efficient suppression pool temperature remains 306, Prairie Island Nuclear Generating power distribution in the reactor core acceptable. Plant, Units 1 and 2, Goodhue County, without the need for more frequent rod Therefore, the proposed changes do not Minnesota involve a significant increase in the pattern changes. MELLLA+ would probability or consequences of an accident Date of amendment request: June 14, increase the operating range to the previously evaluated. 2010. Extended Power Uprate rated thermal 2. Does the proposed change create the Description of amendment request: power at 80 percent flow; thus creating possibility of a new or different kind of The proposed amendments would a 20 percent flow-control window. By accident from any accident previously revise the Technical Specifications to operating in the MELLLA+ domain, a evaluated? allow the use of a dedicated on-line core significantly lower number of control Response: No. power distribution monitoring system rod movements will be required than in Equipment that could be affected by the (PDMS) to enhance surveillance of core the present operating domain. This MELLLA+ operating domain has been thermal limits. The PDMS to be used at evaluated. No new operating mode, safety- would represent a significant related equipment lineup, accident scenario, Prairie Island Nuclear Generating Plant, improvement in operating flexibility. It or equipment failure mode was identified. Units 1 and 2, is the Westinghouse also provides safer operation, because The full spectrum of accident considerations proprietary core analysis system called reducing the number of control rod has been evaluated and no new or different the Best Estimate Analyzer for Core manipulations would minimize the kind of accident has been identified. The Operations—Nuclear (BEACONTM).

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Basis for proposed no significant The NRC previously evaluated the effects opening unless the RCS pressure is hazards consideration determination: of using the PDMS to monitor core power below that of the RHR in compliance As required by 10 CFR 50.91(a), the distribution parameters and determined that with the Nuclear Regulatory licensee has provided its analysis of the all design standards and applicable safety Commission’s Technical Position ICSB– criteria limits are met. The Technical ‘‘ issue of no significant hazards Specifications will continue to require 3, Isolation of Low Pressure Systems consideration, which is presented operation within the required core operating from the High Pressure Reactor Coolant below: limits, and appropriate actions will continue System.’’ Consequently, the change 1. Does the proposed change involve a to be taken when or if limits are exceeded. would result in more than minimal significant increase in the probability or Thus, the reactor core will continue to be increase in the likelihood of a consequences of an accident previously operated within its reference bounds of malfunction of systems, structures, or evaluated? design such that an accident of a new or components important to safety as Response: No. different type is not credible. previously evaluated in the plants’ The PDMS performs continuous core The proposed change, therefore, does not Updated Final Safety Analysis Report. power distribution monitoring with data create the possibility of a new or different Basis for proposed no significant input from existing plant instrumentation. kind of accident from any previously The system passively supports Technical evaluated. hazards consideration determination: Specification (TS) surveillances which 3. Do the proposed changes involve a As required by 10 CFR 50.91(a), the ensure that core power distribution is within significant reduction in a margin of safety? licensee has provided its analysis of the the same limits that are currently prescribed. Response: No. issue of no significant hazards Further, the proposed TS Actions are No margin of safety is adversely affected by consideration, which is presented comparable to existing operator actions such the implementation of the PDMS. The below: that no new plant configurations are margins of safety provided by current TS prompted by the proposed change. The requirements and limits remain unchanged, 1. Does the proposed change involve a significant increase in the probability system’s physical interface with plant as the TS will continue to require operation consequences of an accident previously equipment is limited to an electronic link within the core limits that are based on NRC- evaluated? from a new workstation to the plant process approved reload design methodologies. The Response: No. computer. The system is passive in that it proposed change does not result in changes The proposed change revising the provides no control or alarm functions, and to the core operating limits. Appropriate does not promote any new plant justification for diversity associated with the measures exist to control the values of these RHR isolation valves will not cause an configuration which would affect the cycle-specific limits, and appropriate actions initiation, probability, or consequences of a accident to occur and will not result in any will continue to be specified and taken when change in the operation of the associated previously-evaluated accident. Continuous limits are violated. Such actions remain on-line core monitoring through the use of accident mitigation equipment. The proposed unchanged. changes will not revise the operability PDMS provides significantly more Therefore, the proposed change does not information about the power distributions requirements (e.g., leakage limits) for the involve a significant reduction in a margin of RHR system. The design-basis accidents will present in the core than is currently safety. available. This system performance may remain the same postulated events described result in an earlier determination of an The NRC staff has reviewed the in the STP Unit 1 and Unit 2 Updated Final adverse core condition and more time for licensee’s analysis and, based on this Safety Analysis Report[,] and the operator action, thus reducing the probability review, it appears that the three consequences of the design-basis accidents of an accident occurrence and reduced will remain the same. standards of 10 CFR 50.92(c) are Therefore, the proposed changes will not consequences should a previously-evaluated satisfied. Therefore, the NRC staff accident occur. increase the probability or consequences of By virtue of its inherently passive proposes to determine that the an accident previously evaluated. surveillance function and limited interface amendment requests involve no 2. Does the proposed change create the with plant systems, structures, or significant hazards consideration. possibility of a new or different kind of components, the proposed changes will not Attorney for licensee: Peter M. Glass, accident from any accident previously result in any additional challenges to plant Assistant General Counsel, Xcel Energy evaluated? equipment that could increase the probability Services, Inc., 414 Nicollet Mall, Response: No. or occurrence of any previously-evaluated The proposed changes will not alter the Minneapolis, MN 55401. plant configuration or require any unusual accident. Further, the proposed changes will NRC Branch Chief: Robert J. ensure conformance to the same core power operator actions. The proposed changes will distribution limits that form the basis for Pascarelli. not alter the way any structure, system, or initial conditions of previously evaluated STP Nuclear Operating Company, component functions, and will not significantly alter the manner in which the accidents. Thereby, the proposed changes Docket Nos. 50–498 and 50–499, South will not affect the consequences of any plant is operated. The response of the plant previously-evaluated accident. Texas Project, Units 1 and 2, Matagorda and the operators following an accident will Therefore, the proposed change does not County, Texas not be different. In addition, the proposed involve a significant increase in the Date of amendment request: May 18, changes do not introduce any new failure probability or consequence of an accident 2010. modes. In the event the RHR system is previously evaluated. Description of amendment request: overpressurized by the RCS, all leakages 2. Do the proposed changes create the originating from RHR components will be possibility of a new or different kind of The proposed amendments would detected by the Reactor Coolant Pressure accident from any accident previously reduce system/equipment diversity in Boundary Leakage Detection System as evaluated? isolation of low-pressure residual heat discussed in the STP UFSAR [Updated Final Response: No. removal (RHR) system from high- Safety Analysis Report]. The system’s physical interface with plant pressure reactor coolant system (RCS). Therefore, the proposed changes will not equipment is limited to an electronic link The change will allow similarly create the possibility of a new or different from a new workstation to the plant process qualified pressure transmitters to be kind of accident from any accident computer. The system is passive in that it used in more than one RHR train as previously analyzed. provides no control or alarm functions, and 3. Does the proposed change involve a the proposed changes (including operator necessary regardless of manufacturer of significant reduction in a margin of safety? actions prescribed by the proposed TS) do the transmitters. Response: No. not promote any new plant configuration The valves separating the RHR from The proposed change to revise the which would create the possibility for an the RCS are to have independent and rationale for diversity associated with RHR accident of a new or different type. diverse interlocks to prevent both from system isolation valve operation will not

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cause an accident to occur and will not result practices will continue to be consistent with previous amendments, STP Nuclear in any change in the operation of the the approved ASME [C]ode edition. The Operating Company (STPNOC) did not associated accident mitigation equipment. proposed change is consistent with NUREG– specify what shutdown actions would The operability requirements for the isolation 1481 [guidance]. be taken if required actions for an valves have not been changed, and the RHR Therefore, the proposed changes will not system will continue to function as assumed increase the probability or consequences of inoperable CRE boundary were not met. in the safety analysis. In addition, the an accident previously evaluated. This was inconsistent with TSTF–448. proposed changes will not adversely affect 2. Does the proposed change create the The proposed amendments would equipment design or operation, and there are possibility of a new or different kind of correct this oversight. STPNOC also no changes being made to required safety accident from any accident previously requested to add a note to the required limits or safety system settings that would evaluated? actions for inoperable CRE boundary to adversely affect plant safety. Response: No. clarify that the boundary is not a Therefore, the proposed changes will not The proposed changes will not alter the required system, subsystem, train, result in a reduction in a margin of safety. plant configuration (no new or different type component, or device that depends on The NRC staff has reviewed the of equipment will be installed) or require any unusual operator actions. The proposed a diesel generator as a source of licensee’s analysis and, based on this changes will not alter the way any structure, emergency power. This change would review, it appears that the standards of system, or component functions, and will not clarify the application of TS action 10 CFR 50.92(c) are satisfied. Therefore, significantly alter the manner in which the 3.8.1.1, ‘‘AC Sources, DC Sources, and the NRC staff proposes to determine that plant is operated. The response of the plant Other Power Distribution,’’ when the the request for amendments involves no and the operators following an accident will CRE is inoperable. significant hazards consideration. not be different. In addition, the proposed Basis for proposed no significant Attorney for licensee: A. H. change does not introduce any new failure hazards consideration determination: Gutterman, Esq., Morgan, Lewis & modes. As required by 10 CFR 50.91(a), the Bockius, 1111 Pennsylvania Avenue, Therefore, the proposed changes will not licensee has provided its analysis of the create the possibility of a new or different NW., Washington, DC 20004. kind of accident from any accident issue of no significant hazards NRC Branch Chief: Michael T. previously analyzed. consideration, which is presented Markley. 3. Does the proposed change involve a below: STP Nuclear Operating Company, significant reduction in a margin of safety? 1. Does the proposed change involve a Docket Nos. 50–498 and 50–499, South Response: No. significant increase in the probability or The proposed Technical Specification Texas Project, Units 1 and 2, Matagorda consequences of an accident previously change removes the specific edition of the evaluated? County, Texas ASME [C]ode to be applied. Inspection Response: No. Date of amendment request: May 18, practices will continue to be consistent with The proposed change to add the shutdown 2010. the approved ASME [C]ode edition. The actions to TS ACTION 3.7.7.d is consistent Description of amendment request: change is consistent with NUREG–1481 with Nuclear Regulatory Commission (NRC) The proposed amendments would guidance. noticed Industry/Technical Specification Therefore, the proposed changes will not revise the Technical Specification (TS) Task Force (TSTF) Standard Technical result in a reduction in a margin of safety. Specification (STS) change TSTF–448 6.8.3.l, ‘‘Containment Post-Tensioning The NRC staff has reviewed the Revision 3, which has been approved by an System Surveillance Program.’’ TS NRC safety evaluation. 6.8.3.l states that the containment post- licensee’s analysis and, based on this The proposed change to add a note to the tensioning system surveillance program review, it appears that the standards of required action for an inoperable control shall be in accordance with American 10 CFR 50.92(c) are satisfied. Therefore, room envelope boundary does not change the Society of Mechanical Engineers the NRC staff proposes to determine that design function of the Control Room Makeup (ASME) Code, Section XI, Subsection the request for amendments involves no and Cleanup Filtration Systems or the design IML, 1992 Edition with 1992 Addenda, significant hazards consideration. function of the A.C. Sources, D.C. Sources, and Onsite Power Systems or how these as supplemented by 10 CFR Attorney for licensee: A. H. Gutterman, Esq., Morgan, Lewis & systems operate. The change only clarifies 50.55a(b)(2)(viii). The current that the Control Room Envelope boundary is inspection interval of South Texas Bockius, 1111 Pennsylvania Avenue, not a required system, subsystem, train, Project (STP), Units 1 and 2 ends in NW., Washington, DC 20004. component, or device that depends on a September 2010. The proposed NRC Branch Chief: Michael T. diesel generator as a source of emergency amendments will provide for updating Markley. power. Therefore, the proposed change does not the surveillance program consistent STP Nuclear Operating Company, with the updated edition of the ASME involve a significant increase in the Docket Nos. 50–498 and 50–499, South probability or consequences of an accident Code, Section XI as required by 10 CFR Texas Project, Units 1 and 2, Matagorda previously evaluated. 50.55a. County, Texas 2. Does the proposed change create the Basis for proposed no significant Date of amendment request: June 28, possibility of a new or different kind of hazards consideration determination: accident from any accident previously As required by 10 CFR 50.91(a), the 2010. evaluated? licensee has provided its analysis of the Description of amendment requests: Response: No. issue of no significant hazards The proposed amendments request The proposed change to add the shutdown consideration, which is presented correction of an oversight in previous actions to TS ACTION 3.7.7.d is consistent below: amendments (Amendment No. 185 to with Nuclear Regulatory Commission (NRC) Facility Operating License No. NPF–76 noticed Industry/Technical Specification 1. Does the proposed change involve a and Amendment No. 172 to Facility Task Force (TSTF) Standard Technical significant increase in the probability or Operating License No. NPF–80) that Specification (STS) change TSTF–448 consequences of an accident previously Revision 3, which has been approved by an evaluated? revised the Technical Specifications NRC safety evaluation. Response: No. (TSs) regarding control room envelope The proposed change to add a note to the The proposed Technical Specification (CRE) habitability in accordance with required action for an inoperable control change removes the specific edition of the TS Task Force (TSTF) Traveler No. 448, room envelope boundary does not change the ASME [C]ode to be applied. Inspection Revision 3. In its application for those design of the Control Room Makeup and

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Cleanup Filtration Systems or the design License, Proposed No Significant Amendments revised the licenses and function of the A.C. Sources, D.C. Sources, Hazards Consideration Determination, the technical specifications. and Onsite Power Systems. The change only and Opportunity for A Hearing in Date of initial notice in Federal clarifies that the Control Room Envelope connection with these actions was Register: March 9, 2010 (75 FR 10828). boundary is not a required system, published in the Federal Register as The supplement dated April 14, 2010, subsystem, train, component, or device that provided additional information that depends on a diesel generator as a source of indicated. emergency power. Unless otherwise indicated, the clarified the application, did not expand Therefore, the proposed change does not Commission has determined that these the scope of the application as originally create the possibility of a new or different amendments satisfy the criteria for noticed, and did not change the staff’s kind of accident from any previously categorical exclusion in accordance original proposed no significant hazards evaluated. with 10 CFR 51.22. Therefore, pursuant consideration determination. 3. Does the proposed change involve a to 10 CFR 51.22(b), no environmental The Commission’s related evaluation significant reduction to a margin of safety? impact statement or environmental of the amendments is contained in a Response: No. assessment need be prepared for these Safety Evaluation dated August 30, The proposed change to add the shutdown amendments. If the Commission has 2010. actions to TS ACTION 3.7.7.d is consistent No significant hazards consideration with Nuclear Regulatory Commission (NRC) prepared an environmental assessment noticed Industry/Technical Specification under the special circumstances comments received: No. Task Force (TSTF) Standard Technical provision in 10 CFR 51.22(b) and has Entergy Gulf States Louisiana, LLC, and Specification (STS) change TSTF–448 made a determination based on that Entergy Operations, Inc., Docket No. 50– Revision 3, which has been approved by an assessment, it is so indicated. 458, River Bend Station, Unit 1 (RBS), NRC safety evaluation. For further details with respect to the West Feliciana Parish, Louisiana The proposed change to add a note to the action, see (1) The applications for required action for an inoperable control amendment, (2) the amendment, and (3) Date of amendment request: August room envelope boundary does not change the Commission’s related letter, Safety 10, 2009, as supplemented by letters any safety margins associated with operation Evaluation and/or Environmental dated December 8, 2009, and April 22, of the Control Room Makeup and Cleanup June 16, and August 17, 2010, and by Filtration Systems or any safety margins Assessment as indicated. All of these associated with the A.C. Sources, D.C. items are available for public inspection emails dated June 29, July 12, and July Sources, and Onsite Power Systems. The at the Commission’s Public Document 28, 2010. change only clarifies that the Control Room Room (PDR), located at One White Flint Brief description of amendment: The Envelope boundary is not a required system, North, Public File Area 01F21, 11555 amendment revised the TSs for the RBS subsystem, train, component, or device that Rockville Pike (first floor), Rockville, to support operation with 24-month fuel depends on a diesel generator as a source of Maryland. Publicly available records cycles. By letter dated June 16, 2010, emergency power. will be accessible from the Agencywide Entergy withdrew its proposed changes Therefore, the proposed change does not Documents Access and Management to TS 3.3.8 regarding the change to the involve a significant reduction in a margin of degraded voltage instrumentation safety. System (ADAMS) Public Electronic Reading Room on the internet at the allowable values as indicated on Table The NRC staff has reviewed the NRC Web site, http://www.nrc.gov/ 3.3.8.1–1 and to extend the Surveillance licensee’s analysis and, based on this reading-rm/adams.html. If you do not Requirement (SR) 3.3.8.1.3 and SR review, it appears that the standards of have access to ADAMS or if there are 3.3.8.1.4 from 18 to 24 months. By letter 10 CFR 50.92(c) are satisfied. Therefore, problems in accessing the documents dated August 17, 2010, Entergy the NRC staff proposes to determine that located in ADAMS, contact the PDR withdrew the request for not revising SR the request for amendments involves no Reference staff at 1 (800) 397–4209, 3.3.8.1.4 and requested that this SR be significant hazards consideration. (301) 415–4737 or by e-mail to extended as originally requested. Attorney for licensee: A. H. [email protected]. Date of issuance: August 31, 2010. Gutterman, Esq., Morgan, Lewis & Effective date: As of the date of Bockius, 1111 Pennsylvania Avenue, Duke Energy Carolinas, LLC, Docket issuance and shall be implemented 180 NW., Washington, DC 20004. Nos. 50–269, 50–270, and 50–287, days from the date of issuance. NRC Branch Chief: Michael T. Oconee Nuclear Station, Units 1, 2, and Amendment No.: 168. Markley. 3, Oconee County, South Carolina Facility Operating License No. NPF– Date of application of amendments: 47: The amendment revised the Facility Notice of Issuance of Amendments to Operating License and Technical Facility Operating Licenses August 31, 2009, as supplemented April 14, 2010. Specifications. During the period since publication of Brief description of amendments: The Date of initial notice in Federal the last biweekly notice, the amendments revised the Technical Register: October 20, 2009 (74 FR Commission has issued the following Specifications to allow one of the two 53776). amendments. The Commission has required 230 kV switchyard 125 Vdc The supplements dated December 8, determined for each of these power sources (batteries) to be 2009, April 22, June 16, and August 17, amendments that the application inoperable for up to 10 days for the 2010, and emails dated June 29, July 12, complies with the standards and purpose of replacing an entire battery and July 28, 2010, provided additional requirements of the Atomic Energy Act bank and performing the required information that clarified the of 1954, as amended (the Act), and the testing. application, did not expand the scope of Commission’s rules and regulations. Date of Issuance: August 30, 2010. the application as originally noticed, The Commission has made appropriate Effective date: As of the date of and did not change the staff’s original findings as required by the Act and the issuance and shall be implemented proposed no significant hazards Commission’s rules and regulations in within 30 days from the date of consideration determination as 10 CFR Chapter I, which are set forth in issuance. published in the Federal Register. The the license amendment. Amendment Nos.: 370, 372, 371. Commission’s related evaluation of the Notice of Consideration of Issuance of Renewed Facility Operating License amendment is contained in a Safety Amendment to Facility Operating Nos. DPR–38, DPR–47, and DPR–55: Evaluation dated August 31, 2010.

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No significant hazards consideration Effective date: As of the date of Safety Evaluation dated August 27, comments received: No. issuance and shall be implemented 2010. within 90 days. No significant hazards consideration Entergy Nuclear Operations, Inc., Amendment Nos.: 197, 184. comments received: No. Docket No. 50–255, Palisades Nuclear Facility Operating License Nos. NPF– Plant, Van Buren County, Michigan 11 and NPF–18: The amendments NextEra Energy Seabrook, LLC, Docket Date of application for amendment: revised the Technical Specifications and No. 50–443, Seabrook Station, Unit No. August 25, 2009 supplemented by letter License. 1, Rockingham County, New Hampshire dated May 3, 2010. Date of initial notice in Federal Date of amendment request: March Brief description of amendment: The Register: April 7, 2009 (74 FR 15771). 16, 2010, as supplemented on July 9, amendment modifies technical The September 28, and November 18, 2010. specification 5.5.14, ‘‘Containment 2009, March 29, and August 3, 2010 Description of amendment request: Leakage Rate Testing Program,’’ to allow supplements contained clarifying This amendment revises the Seabrook a one-time extension to the 10-year information and did not change the NRC Technical Specifications requirement frequency for the next 10 CFR Part 50 staff’s initial proposed finding of no that the Operations Manager shall have Appendix J, Option B, Type A, significant hazards consideration. held a senior reactor operator license for containment integrity leakage test The Commission’s related evaluation the Seabrook Station prior to assuming (ILRT) or Type A test at Palisades of the amendments is contained in a the Operations Manager position. Nuclear Plant. This amendment permits Safety Evaluation dated September 6, Specifically, the proposed change now the existing ILRT frequency to be 2010. requires the Operations Manager to meet extended from 10 years (120 months) to No significant hazards consideration one of the following: (1) Hold a senior approximately 11.25 years (135 comments received: No. operator license; (2) have held a senior months). This amendment also prevents Exelon Generation Company, LLC, and operator license for a similar unit; or (3) the necessity of performing a Type A PSEG Nuclear, LLC, Docket Nos. 50–277 have been certified for equivalent senior test six months prior to the 10th and 50–278, Peach Bottom Atomic operator knowledge. anniversary of the completion of the last Power Station (PBAPS), Units 2 and 3, Date of issuance: September 2, 2010. Type A test, which was completed on York and Lancaster Counties, Effective date: As of its date of May 3, 2001. Pennsylvania issuance and shall be implemented Date of issuance: August 23, 2010. within 30 days. Date of application for amendments: Effective date: As of the date of Amendment No.: 124. August 31, 2009. issuance and shall be implemented Brief description of amendments: The Facility Operating License No. NPF– within 60 days. amendments modify the PBAPS 86: The amendment revised the TS and Amendment No.: 240. Technical Specifications (TS) by the License. Facility Operating License No. DPR– relocating specific surveillance Date of initial notice in Federal 20: Amendment revised the Technical frequencies to a licensee-controlled Register: May 4, 2010 (75 FR 23816). Specifications. program with the implementation of The supplemental letter dated July 9, Date of initial notice in Federal Nuclear Energy Institute (NEI) 04–10, 2010, provided additional information Register: October 20, 2009 (74 FR ‘‘Risk-Informed Technical Specifications that clarified the application, did not 53777). Initiative 5b, Risk-Informed Method for expand the scope of the application as The supplemental letters contained Control of Surveillance Frequencies.’’ originally noticed, and did not change clarifying information and did not Additionally, the change adds a new the staff’s original proposed no change the initial no significant hazards program, the Surveillance Frequency significant hazards consideration consideration determination, and did Control Program, to TS Section 5, determination as published in the not expand the scope of the original Administrative Controls. The changes Federal Register. Federal Register notice. The are based on NRC-approved Industry The Commission’s related evaluation Commission’s related evaluation of the Technical Specifications Task Force of the amendment is contained in a amendment is contained in a Safety (TSTF) Traveler 425, Revision 3, Safety Evaluation dated September 2, Evaluation dated August 23, 2010. ‘‘Relocate Surveillance Frequencies to 2010. No significant hazards consideration Licensee Control—Risk Informed No significant hazards consideration comments received: No. Technical Specification Task Force comments received: No. Exelon Generation Company, LLC, Initiative 5b,’’ with optional changes and PSEG Nuclear LLC, Docket No. 50–311, Docket Nos. 50–373 and 50–374, LaSalle variations as described in Attachment 1, Salem Nuclear Generating Station, Unit County Station, Units 1 and 2, LaSalle Section 2.2 of the licensee’s submittal No. 2, Salem County, New Jersey County, Illinois dated August 31, 2009. Date of issuance: August 27, 2010. Date of application for amendment: Date of application for amendments: Effective date: As of the date of March 29, 2010, as supplemented on October 23, 2008, as supplemented by issuance and shall be implemented June 25, and August 18, 2010. letters dated September 28, and within 60 days from the date of Brief description of amendments: The November 18, 2009, March 29, and issuance. amendment revises the Technical August 3, 2010. Amendment Nos.: 278 and 281. Specifications (TSs) to allow a one-time Brief description of amendments: The Renewed Facility Operating License replacement of the 2C 125-volt direct amendments revise the Technical Nos. DPR–44 and DPR–56: Amendments current battery while Salem Unit No. 2 Specifications to support the revised the License and Technical is at power. application of alternative source term Specifications. Date of issuance: September 1, 2010. methodology with respect to the loss-of- Date of initial notice in Federal Effective date: As of the date of coolant accident and the fuel-handling Register: May 5, 2010 (75 FR 23815). issuance, to be implemented within 30 accident. The Commission’s related evaluation days. Date of issuance: September 6, 2010. of the amendments is contained in a Amendment No.: 280.

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Facility Operating License No. DPR– decision (2005–ERA–6) where, • A SCWE Procedure outlines the 75: The amendment revised the TSs and following an evidentiary hearing, the Company’s expectations, and each the License. ALJ had concluded that Shaw had not individual’s responsibilities for Date of initial notice in Federal violated section 211 of the Energy establishing and maintaining a SCWE; Register: June 1, 2010 (75 FR 30446). Reorganization Act, as amended, by • The New to Nuclear Workforce The letters dated June 25, and August terminating the former painter foreman. Orientation Program provides training 18, 2010, provided clarifying Shaw denies that it has retaliated and resources specific to working in the information that did not change the against the former painter foreman for nuclear industry for workers coming in initial proposed no significant hazards engaging in a protected activity and is without nuclear experience; consideration determination or expand pursuing its legal challenge to the ARB • New Hire Orientation informs new the application beyond the scope of the decision. hires about Shaw’s Safety Culture and original Federal Register notice. In its June 2, 2009 letter, the NRC SCWE expectations, and informs them The Commission’s related evaluation offered Shaw the opportunity to provide of their responsibilities and programs of the amendment is contained in a a written response, attend a pre- available to them, including SpeakUp Safety Evaluation dated September 1, decisional enforcement conference, or and Stop Work and Shaw’s non- 2010. request ADR in which a neutral discrimination and harassment policies; No significant hazards consideration mediator with no decision-making • Supervisor Challenge (Oral Boards) comments received: No. authority would facilitate discussions evaluates supervisors’ skills in the key Dated at Rockville, Maryland, this 10th day between the NRC and Shaw and, if focus areas including leadership, human of September 2010. possible, assist the NRC and Shaw in performance, work performance, and For the Nuclear Regulatory Commission. reaching an agreement. Shaw requested reinforcing expectations. to use ADR to resolve differences it had For new nuclear construction sites: Joseph G. Giitter, • with the NRC. An on-site Employee Concerns Director, Division of Operating Reactor Program, modeled on resources in NEI Licensing, Office of Nuclear Reactor On August 24, 2010, the NRC and Shaw met in an ADR mediation session 97–05 is available to all site workers; Regulation. • Procedure Maintaining a Strong [FR Doc. 2010–23388 Filed 9–20–10; 8:45 am] arranged through the Cornell University Institute on Conflict Resolution. This Nuclear Safety Culture & Safety BILLING CODE 7590–01–P Confirmatory Order is issued pursuant Conscious Work Environment, modeled to the agreement reached during the on NEI 09–12 and RIS 2005–018, ADR process. describes Shaw’s expectations for a NUCLEAR REGULATORY SCWE and the methods by which it will COMMISSION III establish and maintain it; [NRC–2010–0301; EA–10–054] A. The NRC acknowledged that Shaw, • Shaw provides SCWE training for its own business reasons, had comprised of four modules: In- In the Matter of: Stone & Webster already put in place during the past processing for all personnel; 90-day Construction, Inc.; Confirmatory Order several years the following policies, enhanced training with case studies for (Effective Immediately) practices and programs that support new craft personnel; nuclear professional for office workers; and I Safety Conscious Work Environment (SCWE) and Safety Culture: training for supervisors and above; Stone & Webster Construction, Inc. At the parent company, The Shaw • Shaw conducts periodic SCWE (SWCI), a Shaw Group company Group Inc., level: surveys based on NEI 09–12 survey tool. (referred to as Shaw), provides • The SpeakUp Program is a toll-free B. During the ADR mediation session, integrated services to various industries hotline and Web site in which workers an agreement in principle was reached including the nuclear power industry. can report issues to the Company. where Shaw agreed to take the following Shaw provides services to over thirty Reports can be made anonymously; additional actions: (30) operating nuclear plants and other • The Stop Work Policy gives 1. Within 2 months of issuance of this facilities regulated by the U.S. Nuclear employees authority to immediately Confirmatory Order, Shaw will issue a Regulatory Commission (NRC or stop any work activity that presents a written communication from a Shaw Power Commission). danger to him/her, co-workers, clients, Group senior executive to Shaw employees This Confirmatory Order is the result partners or the public without fear of in its Nuclear Services (i.e., construction) and of an agreement reached during an reprimand or retaliation; Nuclear Maintenance Divisions working at alternative dispute resolution (ADR) • The Targeting Zero Program focuses nuclear facilities addressing: (a) A recent mediation session conducted on August on achieving zero environmental, health DOL ARB decision that concluded that 24, 2010 in Washington, DC. retaliation occurred at a SWCI facility in and safety incidents; it minimizes 2004; b) that Shaw strives to maintain a II health and safety risks to employees, SCWE; and (c) that nuclear workers have clients, the public and the environment; multiple avenues in which to raise concerns By letter dated June 2, 2010, the NRC • The Employment Discipline Policy and identifying these avenues. identified to Shaw an apparent violation prohibits retaliation for exercising the 2. Where not already required by the of 10 CFR. 50.7, ‘‘Employee Protection,’’ right to raise safety concerns; applicable nuclear facility licensee, Shaw relating to the termination of a former • Mandatory Code of Corporate will establish an Executive Review Board painter foreman in May 2004 at the Conduct training for all employees with (ERB) that will include management Browns Ferry Nuclear Power Plant. The computer access; personnel at or above the level of the site apparent violation was issued based on • Consideration of integrity and project manager, including legal and/or the U.S. Department Labor (DOL) human resources participation, to review all compliance as performance factors in proposed significant adverse actions (defined Administrative Review Board’s (ARB) annual employee performance as three or more days off without pay up to September 24, 2009 decision (ARB Case evaluations; and including termination for cause, but No. 06–041). The ARB reversed a • Periodic independent culture excludes reductions-in-force and other January 9, 2006, DOL Administrative surveys. ordinary layoffs) at any NRC-regulated Law Judge’s (ALJ) recommended For nuclear maintenance sites: maintenance site to ensure these actions

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comport with applicable employee- public health and safety require that 5. At Nuclear Maintenance sites, where not protection requirements and to assess and Shaw’s commitments be confirmed by already provided by the nuclear facility mitigate the potential for any chilling effect. this Confirmatory Order. Based on the licensees, Shaw will provide SCWE training Within 3 months of issuance of this above and Shaw’s consent, this to all Shaw Nuclear Maintenance supervisors Confirmatory Order, Shaw will establish and above to include an overview of requirements for the ERB in a new or existing Confirmatory Order is immediately regulatory requirements and case studies. Nuclear Maintenance Procedure to become effective upon issuance. By no later than Shaw will complete this action within 24 effective during this three-month period. thirty (30) calendar days after the months of issuance of this Confirmatory 3. Within 3 months of issuance of this completion of the requirements in Order. Confirmatory Order, Shaw will revise the Section V, Shaw is required to notify the 6. For 24 months following issuance of this SpeakUp program brochure issued at its NRC in writing and summarizing its Confirmatory Order, Shaw will collect, nuclear facilities to include use of the actions. review and assess for each of its Nuclear program to raise safety concerns. Maintenance sites, data regarding labor 4. Consistent with the requirements of the V grievances, significant human resources nuclear facility licensees, Shaw will perform actions, and ECP and SpeakUp concerns. SCWE surveys including craft workers, at its Accordingly, pursuant to Sections Shaw’s Compliance Council, chaired by the Nuclear Maintenance sites and review the 104b, 161b, 161i, 161o, 182 and 186 of Chief Compliance Officer, will review this survey results for actions as appropriate. the Atomic Energy Act of 1954, as compilation of data quarterly for SCWE Within 24 months of issuance of this amended, and the Commission’s trends and recommend actions to line Confirmatory Order, Shaw will complete a regulations in 10 CFR 2.202 and 10 CFR management as appropriate. substantial number of these surveys and will Part 50, It is hereby ordered, effective The Director, Office of Enforcement, have scheduled surveys for the remaining immediately, that: sites, if any, to be completed within the may, in writing, relax or rescind any of following 12 months. Shaw will provide 1. Within 2 months of issuance of this the above conditions upon semi-annual status reports to the NRC Office Confirmatory Order, Shaw will issue a demonstration by Shaw of good cause. of Enforcement regarding status toward written communication from a Shaw Power completion of this action. Group senior executive to Shaw employees VI 5. At Nuclear Maintenance sites, where not in its Nuclear Services (i.e., construction) and Any person adversely affected by this already provided by the nuclear facility Nuclear Maintenance Divisions working at Confirmatory Order, other than Shaw, licensees, Shaw will provide SCWE training nuclear facilities addressing: (a) A recent may request a hearing within 20 days of to all Shaw Nuclear Maintenance supervisors DOL ARB decision that concluded that and above to include an overview of retaliation occurred at a SWCI facility in its publication in the Federal Register. regulatory requirements and case studies. 2004; b) that Shaw strives to maintain a Where good cause is shown, Shaw will complete this action within 24 SCWE; and (c) that nuclear workers have consideration will be given to extending months of issuance of this Confirmatory multiple avenues in which to raise concerns the time to request a hearing. A request Order. and identifying these avenues. for extension of time must be made in 6. For 24 months following issuance of this 2. Where not already required by the writing to the Director, Office of Confirmatory Order, Shaw will collect, applicable nuclear facility licensee, Shaw Enforcement, U.S. Nuclear Regulatory review and assess for each of its Nuclear will establish an Executive Review Board Commission, Washington, DC 20555, Maintenance sites, data regarding labor (ERB) that will include management and include a statement of good cause grievances, significant human resources personnel at or above the level of the site actions, and ECP and SpeakUp concerns. project manager, including legal and/or for the extension. Shaw’s Compliance Council, chaired by the human resources participation, to review all All documents filed in NRC Chief Compliance Officer, will review this proposed significant adverse actions (defined adjudicatory proceedings, including a compilation of data quarterly for SCWE as three or more days off without pay up to request for hearing, a petition for leave trends and recommend actions to line and including termination for cause, but to intervene, any motion or other management as appropriate. excludes reductions-in-force and other document filed in the proceeding prior On September 9, 2010, Shaw ordinary layoffs) at any NRC-regulated to the submission of a request for maintenance site to ensure these actions consented to the issuance of this hearing or petition to intervene, and comport with applicable employee- documents filed by interested Confirmatory Order with the protection requirements and to assess and commitments, as described in Section V mitigate the potential for any chilling effect. governmental entities participating below. Shaw further agreed that this Within 3 months of issuance of this under 10 CFR 2.315(c), must be filed in Confirmatory Order is to be effective Confirmatory Order, Shaw will establish accordance with the NRC E-Filing rule upon issuance and that it has waived its requirements for the ERB in a new or existing (72 FR 49139, August 28, 2007). The E- right to a hearing. Nuclear Maintenance Procedure to become Filing process requires participants to effective during this three-month period. submit and serve all adjudicatory IV 3. Within 3 months of issuance of this documents over the internet, or in some Since Shaw has agreed to take Confirmatory Order, Shaw will revise the cases to mail copies on electronic SpeakUp program brochure issued at its storage media. Participants may not additional actions, as set forth in Item nuclear facilities to include use of the III.B above, the NRC has concluded that program to raise safety concerns. submit paper copies of their filings its concerns can be resolved through 4. Consistent with the requirements of the unless they seek an exemption in issuance of this Confirmatory Order and nuclear facility licensees, Shaw will perform accordance with the procedures thereby has agreed not to pursue further SCWE surveys including craft workers, at its described below. action in connection with the NRC’s Nuclear Maintenance sites and review the To comply with the procedural June 2, 2010 letter to Shaw arising out survey results for actions as appropriate. requirements of E-Filing, at least ten of the ARB’s September 29, 2009 Within 24 months of issuance of this (10) days prior to the filing deadline, the decision (ARB Case No. 06–041). Confirmatory Order, Shaw will complete a participant should contact the Office of I find that Shaw’s commitments as set substantial number of these surveys and will the Secretary by e-mail at have scheduled surveys for the remaining forth in Section V are acceptable and sites, if any, to be completed within the [email protected], or by telephone necessary and conclude that with these following 12 months. Shaw will provide at (301) 415–1677, to request (1) a commitments the public health and semi-annual status reports to the NRC Office digital ID certificate, which allows the safety are reasonably assured. In view of of Enforcement regarding status toward participant (or its counsel or the foregoing, I have determined that completion of this action. representative) to digitally sign

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documents and access the E-Submittal mail notice that provides access to the unless excluded pursuant to an order of server for any proceeding in which it is document to the NRC Office of the the Commission, or the presiding participating; and (2) advise the General Counsel and any others who officer. Participants are requested not to Secretary that the participant will be have advised the Office of the Secretary include personal privacy information, submitting a request or petition for that they wish to participate in the such as social security numbers, home hearing (even in instances in which the proceeding, so that the filer need not addresses, or home phone numbers in participant, or its counsel or serve the documents on those their filings, unless an NRC regulation representative, already holds an NRC- participants separately. Therefore, or other law requires submission of such issued digital ID certificate). Based upon applicants and other participants (or information. With respect to this information, the Secretary will their counsel or representative) must copyrighted works, except for limited establish an electronic docket for the apply for and receive a digital ID excerpts that serve the purpose of the hearing in this proceeding if the certificate before a hearing request/ Secretary has not already established an petition to intervene is filed so that they adjudicatory filings and would electronic docket. can obtain access to the document via constitute a Fair Use application, Information about applying for a the E-Filing system. participants are requested not to include digital ID certificate is available on A person filing electronically using copyrighted materials in their NRC’s public Web site at http:// the agency’s adjudicatory E-Filing submission. www.nrc.gov/site-help/e-submittals/ system may seek assistance by If a person (other than Shaw) requests apply-certificates.html. System contacting the NRC Meta System Help a hearing, that person shall set forth requirements for accessing the E- Desk through the ‘‘Contact Us’’ link with particularity the manner in which Submittal server are detailed in NRC’s located on the NRC Web site at http:// his interest is adversely affected by this ‘‘Guidance for Electronic Submission,’’ www.nrc.gov/site-help/ Confirmatory Order and shall address which is available on the agency’s e-submittals.html, by e-mail at the criteria set forth in 10 CFR 2.309(d) public Web site at http://www.nrc.gov/ [email protected], or by a toll- and (f). site-help/e-submittals.html. Participants free call at (866) 672–7640. The NRC may attempt to use other software not Meta System Help Desk is available If a hearing is requested by a person listed on the Web site, but should note between 8 a.m. and 8 p.m., Eastern whose interest is adversely affected, the that the NRC’s E-Filing system does not Time, Monday through Friday, Commission will issue an order support unlisted software, and the NRC excluding government holidays. designating the time and place of any Meta System Help Desk will not be able Participants who believe that they hearing. If a hearing is held, the issue to to offer assistance in using unlisted have a good cause for not submitting be considered at such hearing shall be software. documents electronically must file an whether this Confirmatory Order should If a participant is electronically exemption request, in accordance with be sustained. submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper accordance with the E-Filing rule, the filing requesting authorization to In the absence of any request for participant must file the document continue to submit documents in paper hearing, or written approval of an using the NRC’s online, Web-based format. Such filings must be submitted extension of time in which to request a submission form. In order to serve by: (1) First class mail addressed to the hearing, the provisions specified in documents through the Electronic Office of the Secretary of the Section V above shall be final 20 days Information Exchange (EIE), users will Commission, U.S. Nuclear Regulatory from the date this Confirmatory Order is be required to install a Web browser Commission, Washington, DC 20555– published in the Federal Register plug-in from the NRC Web site. Further 0001, Attention: Rulemaking and without further order or proceedings. If information on the Web-based Adjudications Staff; or (2) courier, an extension of time for requesting a submission form, including the express mail, or expedited delivery hearing has been approved, the installation of the Web browser plug-in, service to the Office of the Secretary, provisions specified in Section V shall is available on the NRC’s public Web Sixteenth Floor, One White Flint North, be final when the extension expires if a site at http://www.nrc.gov/site-help/ 11555 Rockville Pike, Rockville, hearing request has not been received. e-submittals.html. Maryland 20852, Attention: Rulemaking A request for hearing shall not stay Once a participant has obtained a and Adjudications Staff. Participants digital ID certificate and a docket has filing a document in this manner are the immediate effectiveness of this been created, the participant can then responsible for serving the document on order. submit a request for hearing or petition all other participants. Filing is Dated at Rockville, Maryland, this 10th day for leave to intervene. Submissions considered complete by first-class mail of September 2010. should be in Portable Document Format as of the time of deposit in the mail, or For the Nuclear Regulatory Commission. (PDF) in accordance with NRC guidance by courier, express mail, or expedited Roy Zimmerman, available on the NRC public Web site at delivery service upon depositing the http://www.nrc.gov/site-help/ document with the provider of the Director, Office of Enforcement. e-submittals.html. A filing is considered service. A presiding officer, having [FR Doc. 2010–23519 Filed 9–20–10; 8:45 am] complete at the time the documents are granted an exemption request from BILLING CODE 7590–01–P submitted through the NRC’s E-Filing using E-Filing, may require a participant system. To be timely, an electronic or party to use E-Filing if the presiding filing must be submitted to the E-Filing officer subsequently determines that the system no later than 11:59 p.m. Eastern reason for granting the exemption from Time on the due date. Upon receipt of use of E-Filing no longer exists. a transmission, the E-Filing system Documents submitted in adjudicatory time-stamps the document and sends proceedings will appear in NRC’s the submitter an e-mail notice electronic hearing docket which is confirming receipt of the document. The available to the public at http:// E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp,

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NUCLEAR REGULATORY NUCLEAR REGULATORY On September 10, 2010, the NRC COMMISSION COMMISSION approved and issued Amendment No. 203 to Operating License No. DPR–61, [Docket No. 50–213; NRC–2010–0201] [Docket Nos. 50–282 and 50–306; NRC– held by CYAPC for the possession of the 2010–0290] Connecticut Yankee Atomic Power Haddam Neck facility pursuant to 10 Company; Haddam Neck Plant; Notice CFR Part 50 and for the receipt, Northern States Power Company— of Issuance of Amendment To possession, and use of byproduct, Minnesota Notice of Issuance of Operating License No. DPR–61 source, and special nuclear material in Amendments to Facility Operating accordance with 10 CFR parts 30, 40, AGENCY: Licenses Involving No Significant Nuclear Regulatory and 70. Amendment No. 203 is effective Commission. Hazards Considerations; Correction as of the date of issuance and shall be ACTION: Notice of Issuance of implemented within 30 days from the AGENCY: Nuclear Regulatory Amendment to Operating License No. date of issuance. Commission. DRP–61. Amendment No. 203 complies with ACTION: Notice of Issuance; Correction. FOR FURTHER INFORMATION CONTACT: John the standards and requirements of the Goshen, Project Manager, Division of Atomic Energy Act of 1954, as amended SUMMARY: This document corrects a Spent Fuel Storage and Transportation, (the Act), and the NRC’s rules and notice appearing in the Federal Register Office of Nuclear Material Safety and regulations. As required by the Act and on September 7, 2010 (75 FR 54397), Safeguards, Mail Stop EBB–3D–02M, the NRC’s rules and regulations in 10 which informed the public that the U.S. Nuclear Regulatory Commission, CFR Chapter I, the NRC has made Nuclear Regulatory Commission issued Washington, DC, 20555–0001. appropriate findings, which are set forth Amendment Nos. 197 and 186 to Telephone: (301) 492–3325; e-mail: in Amendment No. 203 Safety Facility Operating License Nos. DPR–42 [email protected]. Evaluation Report (SER). The issuance and DPR–60, respectively, for the Prairie SUPPLEMENTARY INFORMATION: Haddam of Amendment No. 203 satisfied the Island Nuclear Generating Plant, Units 1 Neck completed the transfer of their criteria specified in 10 CFR and 2. This action is necessary to correct spent fuel to the independent spent fuel 51.22(c)(10)(ii) for a categorical the date of issuance. storage installation (ISFSI) in 2005. In exclusion. Thus, the preparation of an FOR FURTHER INFORMATION CONTACT: 2007, the decommissioning of the environmental assessment or an Thomas J. Wengert, Office of Nuclear reactor site was completed and a portion environmental impact statement is not Reactor Regulation, U.S. Nuclear of the site was released from the license. required. By application dated April 2, 2009, as Regulatory Commission, Washington, The NRC has prepared a SER that supplemented March 30, 2010, DC 20555–0001; telephone (301) 415– documents the staff’s review and Connecticut Yankee Atomic Power 4037, e-mail: [email protected]. evaluation of the amendment. In Company (CYAPC) submitted an accordance with 10 CFR 2.390 of NRC’s SUPPLEMENTARY INFORMATION: On page application to the U. S. Nuclear ‘‘Rules of Practice,’’ final NRC records 54397, appearing near the bottom of the Regulatory Commission (NRC), in second column, after Date of Issuance: accordance with 10 CFR Part 50, and documents related to this action, The date is corrected to read from requesting an amendment to NRC including the application for ‘‘August 17, 2010’’ to ‘‘August 18, 2010’’. Operating License No. DPR–61. amendment and supporting CYAPC’s application requested that the documentation and the SER, are Dated in Rockville, Maryland, this 9th day title of the Physical Security Plan in the available electronically at the NRC’s of September 2010. Operating License be modified to reflect Electronic Reading Room, at: http:// For the Nuclear Regulatory Commission. the proper title. The Notice of www.nrc.gov/reading-rm/adams.html. Thomas J. Wengert, Consideration of Issuance of From this site, you can access NRC’s Senior Project Manager, Plant Licensing Amendment and Proposed No Agencywide Document Access and Branch III–1, Division of Operating Reactor Significant Hazards Consideration Management System (ADAMS), which Licensing, Office of Nuclear Reactor Determination and Opportunity for provides text and image files of NRC’s Regulation. Hearing in connection with this action public documents. The ADAMS [FR Doc. 2010–23516 Filed 9–20–10; 8:45 am] was published in the Federal Register Accession Numbers for the applicable BILLING CODE 7590–01–P on June 14, 2010 (75 FR 33653). documents are:

Document Date ADAMS Accession No.

License Amendment Request ...... April 2, 2009 ...... ML091250324 Re-submittal of License Amendment Request ...... September 1, 2009 ...... ML101100480 License Amendment No. 203 Issuance Package ...... September 10, 2010 ...... ML102460099 Safety Evaluation Report ...... September 10, 2010 ...... ML102460121

If you do not have access to ADAMS, White Flint North, 11555 Rockville For the Nuclear Regulatory Commission. or if there are problems in accessing the Pike, Rockville, MD 20852. The PDR Michele Sampson, documents located in ADAMS, contact reproduction contractor will copy Acting Chief, Licensing Branch, Division of NRC’s Public Document Room (PDR) documents, for a fee. Spent Fuel Storage and Transportation, Office Reference staff at 1–800–397–4209, 301– Dated at Rockville, Maryland, this 10th day of Nuclear Material Safety and Safeguards. 415–4737, or by e-mail to [email protected]. [FR Doc. 2010–23512 Filed 9–20–10; 8:45 am] These documents may also be viewed of September, 2010. BILLING CODE 7590–01–P electronically on the public computers located at NRC’s PDR, O1–F21, One

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NUCLEAR REGULATORY regarding topics to be discussed, thirty minutes before the meeting. In COMMISSION changes to the agenda, whether the addition, one electronic copy of each meeting has been canceled or presentation should be e-mailed to the Advisory Committee on Reactor rescheduled, and the time allotted to DFO one day before the meeting. If an Safeguards (ACRS); Meeting of the present oral statements can be obtained electronic copy cannot be provided ACRS Subcommittee on ABWR from the Web site cited above or by within this timeframe, presenters contacting the identified DFO. should provide the DFO with a CD The ACRS Subcommittee on Moreover, in view of the possibility that containing each presentation at least Advanced Boiling Water Reactor the schedule for ACRS meetings may be thirty minutes before the meeting. (ABWR) will hold a meeting on October adjusted by the Chairman as necessary Electronic recordings will be permitted 20, 2010, Room T–2B1, 11545 Rockville to facilitate the conduct of the meeting, only during those portions of the Pike, Rockville, Maryland. The meeting will be open to public persons planning to attend should check meeting that are open to the public. attendance except for portions of the with these references if such Detailed procedures for the conduct of meeting that may be closed to protect rescheduling would result in a major and participation in ACRS meetings information designated as proprietary to inconvenience. were published in the Federal Register Westinghouse or other parties pursuant Dated: September 14, 2010. on October 14, 2009, (74 FR 58268– 58269). to 5 U.S.C. 552b(c)(4). Cayetano Santos, Detailed meeting agendas and meeting The agenda for the subject meeting Chief, Reactor Safety Branch A, Advisory transcripts are available on the NRC shall be as follows: Committee on Reactor Safeguards. Wednesdy, October 20, 2010–8:30 Web site at http://www.nrc.gov/reading- [FR Doc. 2010–23515 Filed 9–20–10; 8:45 am] rm/doc-collections/acrs. Information a.m. until 5 p.m. BILLING CODE 7590–01–P The Subcommittee will review regarding topics to be discussed, selected Chapters of the safety changes to the agenda, whether the evaluation report associated with the NUCLEAR REGULATORY meeting has been canceled or combined license application for South COMMISSION rescheduled, and the time allotted to Texas Project Units 3 and 4. The present oral statements can be obtained Subcommittee will hear presentations Advisory Committee on Reactor from the Web site cited above or by by and hold discussions with Safeguards (ACRS); Meeting of the contacting the identified DFO. representatives of the NRC staff, South ACRS Subcommittee on Thermal Moreover, in view of the possibility that Texas Project Nuclear Operating Hydraulic Phenomena the schedule for ACRS meetings may be Company, and other interested persons adjusted by the Chairman as necessary The ACRS Subcommittee on Thermal to facilitate the conduct of the meeting, regarding this matter. The Hydraulic Phenomena will hold a Subcommittee will gather information, persons planning to attend should check meeting on October 18, 2010, Room T– with these references if such analyze relevant issues and facts, and 2B1, 11545 Rockville Pike, Rockville, formulate proposed positions and rescheduling would result in a major Maryland. inconvenience. actions, as appropriate, for deliberation The entire meeting will be open to by the Full Committee. public attendance. Dated: September 14, 2010. Members of the public desiring to The agenda for the subject meeting Cayetano Santos, provide oral statements and/or written shall be as follows: Chief, Reactor Safety Branch B, Advisory comments should notify the Designated Committee on Reactor Safeguards. Federal Official (DFO), Maitri Banerjee Monday, October 18, 2010—8:30 a.m. [FR Doc. 2010–23510 Filed 9–20–10; 8:45 am] until 5 p.m. (Telephone 301–415–6973 or E-mail BILLING CODE 7590–01–P [email protected]) five days prior The Subcommittee will review the to the meeting, if possible, so that thermal-hydraulic research activities in appropriate arrangements can be made. the Office of Nuclear Regulatory NUCLEAR REGULATORY Thirty-five hard copies of each Research including TRACE code COMMISSION presentation or handout should be development and experimental provided to the DFO thirty minutes programs. The Subcommittee will hear Advisory Committee On Reactor before the meeting. In addition, one presentations by and hold discussions Safeguards (ACRS); Meeting of the electronic copy of each presentation with representatives of the NRC staff ACRS Subcommittee On Regulatory should be e-mailed to the DFO one day and other interested persons regarding Policies and Practices before the meeting. If an electronic copy this matter. The Subcommittee will The ACRS Subcommittee on cannot be provided within this gather information, analyze relevant Regulatory Policies and Practices will timeframe, presenters should provide issues and facts, and formulate hold a meeting on October 4, 2010, at the DFO with a CD containing each proposed positions and actions, as 11545 Rockville Pike, Room T–2B1, presentation at least thirty minutes appropriate, for deliberation by the Full Rockville, Maryland. before the meeting. Electronic Committee. The entire meeting will be open to recordings will be permitted only Members of the public desiring to public attendance. during those portions of the meeting provide oral statements and/or written The agenda for the subject meeting that are open to the public. Detailed comments should notify the Designated shall be as follows: procedures for the conduct of and Federal Official (DFO), Hossein Monday, October 4, 2010, 1 p.m. until participation in ACRS meetings were Nourbakhsh (Telephone 301–415–5622 5 p.m. published in the Federal Register on or e-mail [email protected]) The Subcommittee will review October 14, 2009, (74 FR 58268–58269). five days prior to the meeting, if proposed Revision 2 to Regulatory Detailed meeting agendas and meeting possible, so that appropriate Guide 1.115, ‘‘Protection Against transcripts are available on the NRC arrangements can be made. Thirty-five Turbine Missiles.’’ The Subcommittee Web site at http://www.nrc.gov/reading- hard copies of each presentation or will hear presentations by and hold rm/doc-collections/acrs. Information handout should be provided to the DFO discussions with representatives of the

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NRC staff and other interested persons. at 11545 Rockville Pike, Room T–2B1, from the Web site cited above or by The Subcommittee will gather Rockville, Maryland. contacting the identified DFO. information, analyze relevant issues and The entire meeting will be open to Moreover, in view of the possibility that facts, and formulate proposed positions public attendance, with the exception of the schedule for ACRS meetings may be and actions, as appropriate, for a portion that may be closed to protect adjusted by the Chairman as necessary deliberation by the Full Committee. information that is proprietary to to facilitate the conduct of the meeting, Members of the public desiring to Westinghouse Electric Company and its persons planning to attend should check provide oral statements and/or written contractors, pursuant to 5 U.S.C. with these references if such comments should notify the Designated 552b(c)(3)(4). rescheduling would result in a major Federal Official (DFO), Girija Shukla The agenda for the subject meeting inconvenience. (Telephone 301–415–6855 or E-mail shall be as follows: Dated: September 15, 2010. [email protected]) five days prior to Tuesday, October 5, 2010, 8:30 a.m. Antonio Dias, the meeting, if possible, so that until 5 p.m. appropriate arrangements can be made. Chief, Reactor Safety Branch B, Advisory The Subcommittee will review Thirty-five hard copies of each Committee on Reactor Safeguards. Chapters 6 and 15 of the Final Safety presentation or handout should be [FR Doc. 2010–23511 Filed 9–20–10; 8:45 am] Evaluation Report (FSER) associated provided to the DFO thirty minutes BILLING CODE 7590–01–P with revisions to the AP1000 Design before the meeting. In addition, one Control Document (DCD). The electronic copy of each presentation Subcommittee will also review issues should be emailed to the DFO one day NUCLEAR REGULATORY associated with Generic Safety Issue before the meeting. If an electronic copy COMMISSION (GSI)–191, Assessment of Debris cannot be provided within this Accumulation on PWR Sump timeframe, presenters should provide [NRC–2010–0002] the DFO with a CD containing each Performance. The Subcommittee will presentation at least thirty minutes hear presentations by and hold Sunshine Act; Notice of Meetings before the meeting. Electronic discussions with representatives of the NRC staff, Westinghouse, and other Date: Weeks of September 20, 27, recordings will be permitted only October 4, 11, 18, 25, 2010. during those portions of the meeting interested persons regarding these matters. The Subcommittee will gather Place: Commissioners’ Conference that are open to the public. Detailed Room, 11555 Rockville Pike, Rockville, procedures for the conduct of and information, analyze relevant issues and facts, and formulate proposed positions Maryland. participation in ACRS meetings were Status: Public and Closed. published in the Federal Register on and actions, as appropriate, for October 14, 2009 (74 FR 58268–58269). deliberation by the Full Committee. Week of September 20, 2010 Detailed meeting agendas and meeting Members of the public desiring to provide oral statements and/or written There are no meetings scheduled for transcripts are available on the NRC the week of September 20, 2010. Web site at http://www.nrc.gov/reading- comments should notify the Designated rm/doc-collections/acrs. Information Federal Official (DFO), Weidong Wang Week of September 27, 2010—Tentative (Telephone 301–415–6279 or E-mail regarding topics to be discussed, Wednesday, September 29, 2010 changes to the agenda, whether the [email protected]) five days prior meeting has been canceled or to the meeting, if possible, so that 1 p.m. Briefing on Resolution of rescheduled, and the time allotted to appropriate arrangements can be made. Generic Safety Issue (GSI)—191, present oral statements can be obtained Thirty-five hard copies of each Assessment of Debris Accumulation from the Web site cited above or by presentation or handout should be on Pressurized Water Reactor contacting the identified DFO. provided to the DFO thirty minutes (PWR) Sump Performance (Public Moreover, in view of the possibility that before the meeting. In addition, one Meeting). (Contact: Michael Scott, the schedule for ACRS meetings may be electronic copy of each presentation 301–415–0565). adjusted by the Chairman as necessary should be e-mailed to the DFO one day This meeting will be Webcast live at to facilitate the conduct of the meeting, before the meeting. If an electronic copy the Web address—http://www.nrc.gov. cannot be provided within this persons planning to attend should check Week of October 4, 2010—Tentative with these references if such timeframe, presenters should provide rescheduling would result in a major the DFO with a CD containing each There are no meetings scheduled for inconvenience. presentation at least thirty minutes the week of October 4, 2010. before the meeting. Electronic Dated: September 15, 2010. recordings will be permitted only Week of October 11, 2010—Tentative Antonio Dias, during those portions of the meeting Thursday, October 14, 2010 Chief, Reactor Safety Branch B, Advisory that are open to the public. Detailed Committee on Reactor Safeguards. procedures for the conduct of and 9:30 a.m. Briefing on Alternative Risk [FR Doc. 2010–23513 Filed 9–20–10; 8:45 am] participation in ACRS meetings were Metrics for New Light Water Reactors (Public Meeting) (Contact: BILLING CODE 7590–01–P published in the Federal Register on October 14, 2009, (74 FR 58268–58269). CJ Fong, 301 415–6249). Detailed meeting agendas and meeting This meeting will be Webcast live at NUCLEAR REGULATORY transcripts are available on the NRC the Web address—http://www.nrc.gov. COMMISSION Web site at http://www.nrc.gov/ Week of October 18, 2010—Tentative reading-rm/doc-collections/acrs. Advisory Committee on Reactor Monday, October 18, 2010 Safeguards (ACRS) Meeting of the Information regarding topics to be ACRS Subcommittee on AP1000 discussed, changes to the agenda, 1:30 p.m. NRC All Employees Meeting whether the meeting has been canceled (Public Meeting) Marriott Bethesda The ACRS Subcommittee on AP1000 or rescheduled, and the time allotted to North Hotel, 5701 Marinelli Road, will hold a meeting on October 5, 2010, present oral statements can be obtained Rockville, MD 20852.

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Wednesday, October 20, 2010 disaster for Public Assistance Only for SUMMARY: This is a Notice of the 9:30 a.m. Briefing on Medical Issues the State of New Mexico (FEMA–1936– Presidential declaration of a major (Public Meeting). (Contact: Michael DR), dated 09/13/2010. disaster for Public Assistance Only for Fuller, 301 415–0520). Incident: Severe Storms and Flooding. the State of Illinois (FEMA—1935—DR), Incident Period: 07/25/2010 through dated 09/13/2010. This meeting will be Webcast live at 08/09/2010. the Web address—http://www.nrc.gov. Incident: Severe Storms and Flooding. DATES: Effective Date: 09/13/2010. Week of October 25, 2010—Tentative Physical Loan Application Deadline Incident Period: 07/19/2010 through Date: 11/12/2010. 08/07/2010. Tuesday, October 26, 2010 Economic Injury (EIDL) Loan DATES: 9:30 a.m. Briefing on Security Issues Application Deadline Date: 06/13/2011. Effective Date: 09/13/2010. (Closed—Ex. 1). ADDRESSES: Submit completed loan Physical Loan Application Deadline * * * * * applications to: U.S. Small Business Date: 11/12/2010. * The schedule for Commission Administration, Processing and Economic Injury (EIDL) Loan meetings is subject to change on short Disbursement Center, 14925 Kingsport Application Deadline Date: 06/13/2011. notice. To verify the status of meetings, Road, Fort Worth, TX 76155. ADDRESSES: Submit completed loan call (recording)—(301) 415–1292. FOR FURTHER INFORMATION CONTACT: A. Contact person for more information: Escobar, Office of Disaster Assistance, applications to: U.S. Small Business Rochelle Bavol, (301) 415–1651. U.S. Small Business Administration, Administration, Processing and * * * * * 409 3rd Street, SW., Suite 6050, Disbursement Center, 14925 Kingsport The NRC Commission Meeting Washington, DC 20416. Road, Fort Worth, TX 76155. Schedule can be found on the Internet SUPPLEMENTARY INFORMATION: Notice is FOR FURTHER INFORMATION CONTACT: A. at: http://www.nrc.gov/about-nrc/policy- hereby given that as a result of the Escobar, Office of Disaster Assistance, making/schedule.html. President’s major disaster declaration on U.S. Small Business Administration, * * * * * 09/13/2010, Private Non-Profit 409 3rd Street, SW., Suite 6050, The NRC provides reasonable organizations that provide essential Washington, DC 20416. accommodation to individuals with services of governmental nature may file disabilities where appropriate. If you disaster loan applications at the address SUPPLEMENTARY INFORMATION: Notice is need a reasonable accommodation to listed above or other locally announced hereby given that as a result of the participate in these public meetings, or locations. President’s major disaster declaration on need this meeting notice or the The following areas have been 09/13/2010, Private Non-Profit transcript or other information from the determined to be adversely affected by organizations that provide essential public meetings in another format (e.g. the disaster: services of governmental nature may file braille, large print), please notify Angela Primary Counties: Cibola, Mckinley, disaster loan applications at the address Bolduc, Chief, Employee/Labor Mora, San Juan, Socorro. listed above or other locally announced Relations and Work Life Branch, at 301– The Interest Rates are: locations. 492–2230, TDD: 301–415–2100, or by e- The following areas have been mail at [email protected]. Percent Determinations on requests for determined to be adversely affected by reasonable accommodation will be For Physical Damage: the disaster: made on a case-by-case basis. Non-Profit Organizations With Primary Counties: Adams, Carroll, Jo Credit Available Elsewhere ..... 3.625 * * * * * Daviess, Ogle, Pike, Schuyler, This notice is distributed Non-Profit Organizations Without Credit Available Elsewhere ..... 3.000 Stephenson. electronically to subscribers. If you no For Economic Injury: longer wish to receive it, or would like Non-Profit Organizations Without The Interest Rates are: to be added to the distribution, please Credit Available Elsewhere ..... 3.000 contact the Office of the Secretary, Percent Washington, DC 20555 (301–415–1969), The number assigned to this disaster or send an e-mail to for physical damage is 12320B and for For Physical Damage: [email protected]. economic injury is 12321B. Non-Profit Organizations With Credit Available Elsewhere ..... 3.625 Dated: September 16, 2010. (Catalog of Federal Domestic Assistance Non-Profit Organizations Without Rochelle C. Bavol, Numbers 59002 and 59008) Credit Available Elsewhere ..... 3.000 Policy Coordinator, Office of the Secretary. James E. Rivera, For Economic Injury: [FR Doc. 2010–23654 Filed 9–17–10; 4:15 pm] Associate Administrator for Disaster Non-Profit Organizations Without BILLING CODE 7590–01–P Assistance. Credit Available Elsewhere ..... 3.000 [FR Doc. 2010–23529 Filed 9–20–10; 8:45 am] BILLING CODE 8025–01–P The number assigned to this disaster SMALL BUSINESS ADMINISTRATION for physical damage is 123186 and for [Disaster Declaration # 12320 and # 12321] economic injury is 123196. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance New Mexico Disaster # NM–00016 [Disaster Declaration #12318 and #12319] Numbers 59002 and 59008) AGENCY: U.S. Small Business Illinois Disaster # IL–00027 James E. Rivera, Administration. Associate Administrator for Disaster ACTION: Notice. AGENCY: U.S. Small Business Assistance. Administration. SUMMARY: This is a Notice of the [FR Doc. 2010–23530 Filed 9–20–10; 8:45 am] ACTION: Notice. Presidential declaration of a major BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION The number assigned to this disaster OFFICE OF SCIENCE & TECHNOLOGY for physical damage is 12314 B and for POLICY [Disaster Declaration # 12314 and # 12315] economic injury is 12315 0. U.S. National Climate Assessment Wisconsin Disaster # WI–00025 The States which received an EIDL Objectives, Proposed Topics, and Next Declaration # are Wisconsin; Minnesota. AGENCY: U.S. Small Business Steps Administration. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Correction ACTION: Notice. Dated: September 13, 2010. In notice document 2010–22229 SUMMARY: This is a notice of an Karen G. Mills, beginning on page 54403 in the issue of Administrative declaration of a disaster Administrator. Tuesday, September 7, 2010 make the for the State of Wisconsin dated 09/13/ [FR Doc. 2010–23533 Filed 9–20–10; 8:45 am] following correction: SUMMARY 2010. BILLING CODE 8025–01–P On page 54403 under the Incident: Severe Storms and Flooding. section, in the second column, in the Incident Period: 08/10/2010 through tenth through eleventh lines, the Web 08/14/2010. SMALL BUSINESS ADMINISTRATION site is corrected to read as ‘‘(http:// DATES: Effective Date: 09/13/2010. globalchange.gov/what-we-do/ ’’ Physical Loan Application Deadline [Disaster Declaration #12290 and #12291] assessment/notices) . Date: 11/12/2010. [FR Doc. C1–2010–22229 Filed 9–20–10; 8:45 am] Economic Injury (EIDL) Loan Illinois Disaster Number IL–00025 BILLING CODE 1505–01–D?≤ Application Deadline Date: 06/13/2011. ADDRESSES: Submit completed loan AGENCY: U.S. Small Business applications to: U.S. Small Business Administration. SECURITIES AND EXCHANGE Administration, Processing and ACTION: Amendment 1. Disbursement Center, 14925 Kingsport COMMISSION Road, Fort Worth, TX 76155. SUMMARY: This is an amendment of the [Release No. 34–62911; File No. SR–CBOE– FOR FURTHER INFORMATION CONTACT: A. Presidential declaration of a major 2009–075] Escobar, Office of Disaster Assistance, disaster for the State of Illinois (FEMA– U.S. Small Business Administration, 1935–DR), dated 08/19/2010. Self-Regulatory Organizations; 409 3rd Street, SW., Suite 6050, Incident: Severe Storms and Flooding. Chicago Board Options Exchange, Washington, DC 20416. Incorporated; Order Approving Notice Incident Period: 07/19/2010 and SUPPLEMENTARY INFORMATION: Notice is of Proposed Rule Change, as Modified hereby given that as a result of the continuing through 08/07/2010. by Amendment Nos. 1 and 2, To Administrator’s disaster declaration, DATES: Effective Date: 09/13/2010. Establish a Pilot Program To List P.M.- Settled End of Week and End of Month applications for disaster loans may be Physical Loan Application Deadline Expirations for Options on Broad- filed at the address listed above or other Date: 10/18/2010. locally announced locations. Based Indexes The following areas have been EIDL Loan Application Deadline Date: September 14, 2010. determined to be adversely affected by 05/19/2011. the disaster: On October 14, 2009, the Chicago ADDRESSES: Submit completed loan Board Options Exchange, Incorporated Primary Counties: Saint Croix. applications to: U.S. Small Business (‘‘Exchange’’ or ‘‘CBOE’’) filed with the Contiguous Counties: Administration, Processing and Securities and Exchange Commission Wisconsin: Barron, Dunn, Pierce, Disbursement Center, 14925 Kingsport (the ‘‘Commission’’), pursuant to Section Polk. Road, Fort Worth, TX 76155/ 19(b)(1) of the Securities Exchange Act Minnesota: Washington. FOR FURTHER INFORMATION CONTACT: of 1934 (‘‘Act’’),1 a proposed rule change The Interest Rates are: A. Escobar, Office of Disaster Assistance, to establish a pilot program that would Percent U.S. Small Business Administration, permit p.m.-settled options on broad- 409 3rd Street, SW., Suite 6050, based indexes expiring on any Friday of For Physical Damage: Washington, DC 20416. the month, other than the third Friday Homeowners With Credit Avail- of the month, as well as the last trading able Elsewhere ...... 5.000 SUPPLEMENTARY INFORMATION: The notice day of the month. On May 3, 2010, the Homeowners Without Credit of the President’s major disaster Exchange filed Amendment 1 to the Available Elsewhere ...... 2.500 declaration for the State of Illinois, proposed rule change, and on July 30, Businesses With Credit Avail- dated 08/19/2010 is hereby amended to 2010, the Exchange filed Amendment 2 able Elsewhere ...... 6.000 re-establish the incident period for this to the proposed rule change.2 The Businesses Without Credit disaster as beginning 07/19/2010 and proposed rule change was published for Available Elsewhere ...... 4.000 continuing through 08/07/2010. Non-Profit Organizations With comment in the Federal Register on Credit Available Elsewhere ... 3.625 All other information in the original August 12, 2010.3 The Commission Non-Profit Organizations With- declaration remains unchanged. received no comment letters on the out Credit Available Else- (Catalog of Federal Domestic Assistance where ...... 3.000 Numbers 59002 and 59008) 1 15 U.S.C. 78s(b)(1). For Economic Injury: 2 Amendment 2 replaced Amendment 1 and the Businesses & Small Agricultural James E. Rivera, original filing in their entireties. The purpose of Cooperatives Without Credit Associate Administrator for Disaster Amendment 2 is to broaden the definition of End Available Elsewhere ...... 4.000 Assistance. of Week Expirations to include any Friday of the Non-Profit Organizations Without month, other than the third Friday of the month. [FR Doc. 2010–23532 Filed 9–20–10; 8:45 am] Credit Available Elsewhere 3.000 3 See Securities Exchange Act Release No. 62658 BILLING CODE 8025–01–P (August 5, 2010), 75 FR 49009 (‘‘Notice’’).

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proposed rule change. This order Commission concerns about expanding Expirations’’).14 In 2006, the approves the proposed rule change. p.m. settlement, CBOE has represented Commission approved, on a pilot basis, The Exchange is proposing to that, at least two months prior to the CBOE’s listing of p.m.-settled index establish a pilot program that would expiration of the Pilot, it will provide options expiring on the last business permit p.m.-settled options on broad- the Commission with an annual report day of a calendar quarter (‘‘Quarterly based indexes to expire on (a) any analyzing EOW and EOM volume, open Options Series’’).15 In 2010, the Friday of the month, other than the interest, and trading patterns.9 In Commission approved CBOE’s listing of 4 ‘‘ third Friday of the month ( End of addition, for series that exceed specific p.m.-settled FLEX options on a pilot Week Expirations’’ or ‘‘EOWs’’), and (b) minimum open interest parameters, the basis.16 the last trading day of the month (‘‘End annual report will provide an analysis of Month Expirations’’ or ‘‘EOMs’’).5 of index price volatility and, if needed, The Commission believes that it is Under the End of Week/End of Month underlying share trading volume.10 The appropriate to approve the proposal on Expirations Pilot Program (‘‘Pilot’’), annual report will be provided to the a pilot basis. CBOE’s proposed fourteen EOWs and EOMs will be permitted on Commission on a confidential basis.11 month Pilot will allow for both the any broad-based index that is eligible The Commission has carefully Exchange and the Commission to for regular options trading. EOWs and reviewed CBOE’s proposed rule change monitor the potential for adverse market EOMs will be cash-settled and have and finds that it is consistent with the effects. In particular, the Commission European-style exercise, and will be requirements of the Act and the rules notes that CBOE will provide the subject to the same rules that currently and regulations thereunder applicable to Commission with the annual report govern the trading of traditional index a national securities exchange,12 and, in analyzing volume and open interest of options, including sales practice rules, particular, Section 6(b)(5) of the Act,13 EOWs and EOMs, will also contain margin requirements, and floor trading which requires that an exchange have information and analysis of EOW and procedures. Contract terms for EOWs rules designed to promote just and EOM trading patterns, and index price and EOMs will be similar to regular equitable principles of trade, remove volatility and share trading activity for index options, except the exercise impediments to and perfect the series that exceed minimum parameters. settlement value will be based on the mechanism of a free and open market This information will enable the index value derived from the closing and a national market system, and to Commission to evaluate whether prices of component stocks. EOWs and protect investors and the public interest, EOMs on the same broad-based index allowing p.m. settlement for EOW and to allow CBOE to conduct limited, and EOMs will result in increased market (e.g., of the same class) shall be carefully monitored, pilots as proposed. aggregated for position limits (if any) and price volatility in the underlying The Commission has had concerns component stocks. and any applicable reporting and other about the adverse effects and impact of requirements.6 The duration of the Pilot p.m. settlement upon market volatility The p.m. settlement Pilot information will be effective for a period of fourteen and the operation of fair and orderly should help the Commission assess the months from the next full month from markets on the underlying cash market impact on the markets and determine approval.7 at or near the close of trading. Only in whether other changes are necessary. Currently, the vast majority of options limited instances has the Commission Furthermore, the Exchange’s ongoing in the standardized options markets are previously approved p.m. settlement for analysis of the Pilot should help it 8 a.m.-settled. In light of historic cash-settled options. In 1993, the monitor any potential risks from large Commission approved CBOE’s listing of p.m.-settled positions and take 4 A third Friday of the month expiration is generally referred to as ‘‘Expiration Friday.’’ p.m.-settled, cash-settled options on appropriate action if warranted. 5 For example, if EOWs and EOMs were currently certain broad-based indexes expiring on It is therefore ordered, pursuant to the first business day of the month listed, the expiration dates for October 2010 would Section 19(b)(2) of the Act,17 that the be: October 1 (EOW), October 8 (EOW), October 15 following the end of each calendar proposed rule change (SR–CBOE–2009– (standard), October 22 (EOW) and October 29 quarter (‘‘Quarterly Index (EOM). If the last trading day of the month is a 075), as modified by Amendment Nos. Friday, the Exchange will list an End of Month 1 and 2, be, and hereby is, approved. expiration series and not an End of Week 9 The annual report would also contain expiration. See Rule 24.9(a)(2) for specific rule information and analyses of standard Expiration For the Commission, by the Division of governing the expiration months that may be listed Friday, a.m.-settled series, if applicable, for the Trading and Markets, pursuant to delegated period covered in the pilot report as well as for the for index options. CBOE does not intend to list authority.18 EOWs or EOMs that would expire on Exchange six-month period prior to the initiation of the pilot. holidays. See Notice, supra note 3, 75 FR at 49011. Florence E. Harmon, 10 6 See e.g., CBOE Rule 4.13, Reports Related to For each EOW and EOM Expiration that has Deputy Secretary. Position Limits and Interpretation and Policy .03 to open interest that exceeds certain minimum Rule 24.4 which sets forth the reporting thresholds, the annual report will contain a [FR Doc. 2010–23455 Filed 9–20–10; 8:45 am] requirements for certain broad-based indexes that comparison of index price changes at the close of BILLING CODE 8010–01–P do not have position limits. trading on a given expiration date with comparable 7 Any positions established under the Pilot would price changes from a control sample; and if needed, not be impacted by the expiration of the Pilot. If an a calculation of share volume for a sample set of EOW or EOM expiration expires after the Pilot the component securities representing an upper 14 See Securities Exchange Act Release No. 31800 expires, then those positions would continue to limit on share trading that could be attributable to exist; however, any further trading in those series expiring in-the-money EOW and EOM expirations. (February 1, 1993), 58 FR 7274 (February 5, 1993). would be restricted to transactions where at least 11 CBOE will also provide to the Commission 15 See Securities Exchange Act Release No. 54123 one side of the trade is a closing transaction. The upon request a data file containing (1) EOW and (July 11, 2006), 71 FR 40558 (July 17, 2006). Exchange would address this point in a circular to EOM option volume data aggregated by series, and 16 See Securities Exchange Act Release No. 61439 members. See Notice, supra note 3, 75 FR 49011. (2) EOW week-ending open interest for expiring (January 28, 2010), 75 FR 5831 (February 4, 2010) 8 series and EOM month-end open interest for In the 1980s, the options and futures markets (SR–CBOE–2009–087) (order approving rule change expiring series. began moving from closing-price to opening price to establish a pilot program to modify FLEX option settlement procedures for stock index options and 12 In approving this proposed rule change, the exercise settlement values and minimum value futures as a result of increased market and price Commission has considered the proposed rule’s sizes). volatility in underlying component stocks due to impact on efficiency, competition, and capital the unwinding of arbitrage-related positions at the formation. See 15 U.S.C. 78c(f). 17 15 U.S.C. 78s(b)(2). close on expiration Friday. 13 15 U.S.C. 78f(b)(5). 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Exchanges’ systems that provides the Order Imbalance Information datafeed COMMISSION amount of, and any imbalance between, pursuant to Rule 123C(6)(a)(iv), under Market ‘‘At-The-Close’’ (‘‘MOC’’) interest which the Exchanges provide the [Release No. 34–62923; File Nos. SR–NYSE– and marketable Limit ‘‘At-The-Close’’ datafeed to subscribers for a fee. 2010–20 and SR–NYSEAmex–2010–25] (‘‘LOC’’) interest to buy and sell in The Exchanges also propose to amend Self-Regulatory Organizations; New certain securities (‘‘Order Imbalance the time period in Rule 123C(6)(a)(v) York Stock Exchange LLC and NYSE Information’’). MOC/LOC interest is when the dissemination of Order Amex LLC; Order Approving Proposed executable only on the close and is Imbalance Information would Rule Changes Amending Rule 123C To subject to cancellation at any time commence when the scheduled closing 7 Allow Exchange Systems To Provide before 3:45 p.m. is earlier than 4 p.m. Currently, the Order Imbalance Information With The Exchanges’ current rules do not Exchanges’ rules state that the Respect to Market At-The-Close and allow for Exchange systems to send dissemination will commence Marketable Limit At-The-Close Interest Order Imbalance Information to Floor approximately 10 minutes before the to Floor Brokers Beginning Two Hours brokers electronically. However, under scheduled closing time when the and Until Fifteen Minutes Prior to the Rule 115, Designated Market Makers scheduled closing is earlier than 4 p.m. ‘‘ ’’ Scheduled Close of Trading on Every ( DMMs ), while acting in a market The Exchanges state that, when they Trading Day making capacity, may provide moved to a single imbalance publication information about buying or selling at 3:45 p.m., the rule text was not September 15, 2010. interest in the market ‘‘in response to an modified at that time to reflect that inquiry from a member conducting a dissemination of the Order Imbalance I. Introduction market probe in the normal course of Information on any day that the On June 9, 2010, New York Stock business’’ (‘‘market probe’’).8 Thus, for scheduled close was prior to 4 p.m. Exchange LLC (‘‘NYSE’’) and NYSE Floor brokers to obtain the Order would commence approximately 15 Amex LLC (‘‘NYSE Amex’’ and, with Imbalance Information, they must minutes before the scheduled closing NYSE, each an ‘‘Exchange’’ and manually request the information from time consistent with the single collectively, the ‘‘Exchanges’’) each filed DMMs, who are permitted to provide imbalance publication. with the Securities and Exchange such information in response to a Floor III. Summary of Comment and NYSE’s Commission (the ‘‘Commission’’), broker’s ‘‘market probe.’’ pursuant to Section 19(b)(1) of the The Exchanges propose to amend Response Securities Exchange Act of 1934 Rule 123C(6) to state that, between One commenter opposes NYSE’s (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a 2 p.m. and 3:45 p.m. on any trading day proposal. The commenter notes that the proposed rule change to modify the (or two hours prior to the closing Order Imbalance Information is manner in which the systems of each transaction until 15 minutes prior to the material, that investors should receive Exchange provide order imbalance closing transaction on any day that the the information at the same time as information to Floor brokers. The scheduled close of trading on the Floor brokers, and that NYSE has an proposed rule changes were published Exchange is earlier than 4 p.m.), the obligation to ensure all participants for comment in the Federal Register on Exchanges’ systems would (DMMs, Floor brokers, and the public) June 24, 2010.3 The Commission automatically provide the Order have the opportunity to receive the received one comment letter opposing Imbalance Information to Floor brokers, same data at the same time. The NYSE’s proposal and received a letter approximately every 15 seconds, for any commenter also disputes NYSE’s from NYSE responding to the comment security in which the Floor broker is rationale that Floor brokers need the letter.4 This order approves the representing an order and in any data feed to offset the decrease in Floor proposed rule changes. security that the Floor broker broker personnel. The commenter specifically requests.9 Thus, for Order instead suggests that Floor brokers II. Description of the Proposals Imbalance Information, Floor brokers should hire additional staff or NYSE The Exchanges each propose to would no longer need to request such should extend the 15 minute time- amend their Rule 123C(6) 5 to specify information from DMMs as part of a period prior to the close of trading if that, beginning at 2 p.m. on every Rule 115 ‘‘market probe.’’ The Floor brokers require more time to trading day,6 Floor brokers will receive Exchanges’ electronic dissemination of analyze the Order Imbalance an electronic communication from the this information would be limited to Information. Finally, the commenter Floor brokers’ hand-held devices, which states that the proposal is similar to 1 15 U.S.C. 78s(b)(1). cannot automatically forward or re- flash orders, in which select market 2 17 CFR 240.19b–4. transmit the electronic datafeed to any participants receive material public 3 See Securities Exchange Act Release Nos. 62312 (June 17, 2010), 75 FR 36138; and 62311 (June 17, other location, although Floor brokers information prior to other market 2010), 75 FR 36140 (each a ‘‘Notice’’ and are permitted to provide their customers participants. collectively, the ‘‘Notices’’). with specific data points from the feed. NYSE responds that the Order 4 See Anonymous Letter dated July 14, 2010 In addition, specific requests for Imbalance Information does not (‘‘Comment Letter’’) and NYSE Response Letter from information by Floor brokers would not represent overall supply or demand for Janet M. Kissane, Senior Vice President—Legal & Corporate Secretary, NYSE Euronext, dated August carry over to the next trading day and a security, and is a small subset of 10, 2010 (‘‘NYSE Response Letter’’). would need to be re-entered on each buying and selling interest, subject to 5 References to the rules herein refer to both the trade date. change or cancellation before the close. relevant NYSE and NYSE Amex Equities rules Beginning at 3:45 p.m., Floor brokers In addition, NYSE notes that MOC and unless otherwise noted. The rule texts of NYSE may receive the Exchanges’ proprietary Rule 123C(6) and NYSE Amex Rule 123C(6) are LOC orders represent only a small 10 identical and the proposed additions to Rule fraction of NYSE’s activity. NYSE 124C(6)(b) are identical. 7 See Rule 123C(3) and (9). 6 On any day that the scheduled close of trading 8 See Rule 115. 10 NYSE noted that ‘‘[g]enerally, MOC and LOC on the Exchange is earlier than 4 p.m., the 9 See Notices for a description of the history of orders account for less than 1% of total NYSE information will be disseminated beginning two the dissemination of the MOC/LOC imbalance orders on any given trading day, both in terms of hours prior to the scheduled close of trading. information to Floor brokers. Continued

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believes that the Order Imbalance Information more frequently and • OMB Control Number: 1405–0102. Information that all participants receive quickly. Thus, the proposal would • Type of Request: Revision of a beginning at 3:45 p.m. is more accurate, permit information Floor brokers to Currently Approved Collection. timely, and complete, and is more obtain certain market information (i.e., • Originating Office: Bureau of material to investors. Finally, NYSE Order Imbalance Information) that they Population, Refugees, and Migration, disagrees that the proposal is similar to are already permitted to obtain under PRM/A. flash orders. NYSE notes that the Order the Exchanges’ current rules as part of • Form Number: N/A. Imbalance Information is not actionable ‘‘market probes’’ under Rule 115, albeit • Respondents: Refugee applicants for prior to 15 minutes before the close of in a more technologically advanced and the U.S. Resettlement Program. trading and is subject to change or more efficient format. The Commission • Estimated Number of Respondents: cancellation and, therefore, MOC/LOC notes that the Exchanges have 75,000. orders cannot be executed before the represented that the dissemination of • Estimated Number of Responses: public receives the information.11 this information would be limited to the 75,000. • Average Hours Per Response: One- IV. Discussion and Commission Floor broker’s handheld devices, and that the electronic datafeed cannot be half hour. Findings • automatically forwarded or Total Estimated Burden: 37,500 After careful consideration, the retransmitted.16 The Commission finds hours. • Commission finds that the proposed that the proposal is consistent with the Frequency: Once per respondent. • rule changes are consistent with the requirements of the Act. Obligation to Respond: Required to requirements of the Act and the rules Finally, the Commission notes that Obtain a Benefit. and regulations thereunder applicable to this order does not approve any prior DATES: The Department will accept 12 a national securities exchange. In dissemination of Order Imbalance comments from the public up to 60 days particular, the proposed rule changes Information by the Exchanges that may from September 21, 2010. are consistent with Section 6(b)(5) of the have been inconsistent with the ADDRESSES: You may submit comments Act,13 which requires, among other approved rules of the Exchanges then in by either of the following methods: things, that the rules of a national effect. • E-mail: [email protected]. You securities exchange be designed to must submit information collection title promote just and equitable principles of V. Conclusion and OMB control number in the subject trade, to remove impediments to and It is therefore ordered, pursuant to line of your message. perfect the mechanism of a free and 17 Section 19(b)(2) of the Act, that the • Mail (paper, disk, or CD–ROM open market and a national market proposed rule changes (SR–NYSE– submissions): PRM/Admissions, 2025 E system and, in general, to protect 2010–20 and SR–NYSEAmex–2010–25) Street, NW., SA–9, 8th Floor, investors and the public interest, and be, and they hereby are, approved. Washington, DC 20522–0908. not be designed to permit unfair discrimination between customers, For the Commission, by the Division of FOR FURTHER INFORMATION CONTACT: Trading and Markets, pursuant to delegated Direct requests for additional issuers, brokers, or dealers. The 18 authority. information regarding the collection Commission also finds that the Florence E. Harmon, proposed rule changes are consistent listed in this notice, including requests with the provisions of Section 6(b)(8) of Deputy Secretary. for copies of the proposed information the Act,14 which require that the rules [FR Doc. 2010–23489 Filed 9–20–10; 8:45 am] collection and supporting documents, to of an exchange not impose any burden BILLING CODE 8011–01–P Delicia Spruell, PRM/Admissions, 2025 on competition not necessary or E Street, NW., SA–9 8th Floor, appropriate in furtherance of the Washington, DC 20522–0908, who may purposes of the Act. DEPARTMENT OF STATE be reached at 202–453–9257. The proposals would allow Exchange [Public Notice: 7178; OMB Control Number SUPPLEMENTARY INFORMATION: We are systems to disseminate the Order 1405–0102] soliciting public comments to permit Imbalance Information directly to Floor the Department to: brokers’ handheld devices 15 beginning 60-Day Notice of Proposed Information • Evaluate whether the proposed two hours prior to the scheduled close. Collection: Refugee Biographic Data information collection is necessary for The Exchanges’ rules currently only the proper performance of our permit Floor brokers to obtain this and ACTION: Notice of request for public functions. other market information on a one-off comments. • Evaluate the accuracy of our ‘‘ ’’ basis from DMMs as market probes SUMMARY: The Department of State is estimate of the burden of the proposed under Rule 115. The proposal would seeking Office of Management and collection, including the validity of the automate the process and allow Floor methodology and assumptions used. Budget (OMB) approval for the • brokers to receive Order Imbalance information collection described below. Enhance the quality, utility, and The purpose of this notice is to allow 60 clarity of the information to be actual number of orders and the number of shares collected. represented by those orders. With respect to the days for public comment in the Federal • Register preceding submission to OMB. Minimize the reporting burden on total number of shares executed on NYSE on any those who are to respond, including the given trading day, MOC and LOC orders generally We are conducting this process in account for less than 10%.’’ See NYSE’s Response accordance with the Paperwork use of automated collection techniques Letter at 2. or other forms of technology. 11 Reduction Act of 1995. See NYSE Response Letter at 3–4. • Title of Information Collection: 12 In approving these proposed rule changes, the Abstract of Proposed Collection Refugee Biographic Data. Commission has considered the proposed rule’s The Refugee Biographic Data Sheet impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 16 See also SR–NYSE–2010–53 and SR– describes a refugee applicant’s personal 13 15 U.S.C. 78f(b)(5). NYSEAmex–2010–71. characteristics and is needed to match 14 15 U.S.C. 78f(b)(8). 17 15 U.S.C. 78s(b)(2). the refugee with a sponsoring voluntary 15 See Notices, supra note 3. 18 17 CFR 200.30–3(a)(12). agency to ensure initial reception and

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placement in the U.S. under the United • E-mail: DEPARTMENT OF STATE States Refugee Admissions Program [email protected]. You administered by the Bureau of must include the DS form number, [Public Notice: 7176] Population, Refugees, and Migration. information collection title, and OMB 30-Day Notice of Proposed Information Methodology control number in the subject line of your message. Collection: Form DS–156K, Biographic information is collected in Nonimmigrant Fiance(e) Visa • Fax: 202–395–5806. Attention: Desk a face-to-face interview of the applicant Application, OMB Control Number Officer for Department of State. overseas. An employee of an Overseas 1405–0096 Processing Entity, under contract with FOR FURTHER INFORMATION CONTACT: PRM, collects the information and Direct requests for additional ACTION: Notice of request for public enters it into the Worldwide Refugee information regarding the collection comments. Admissions Processing System. listed in this notice, including requests SUMMARY: The Department of State has Dated: September 15, 2010. for copies of the proposed information submitted the following information Lawrence Bartlett, collection and supporting documents, to collection request to the Office of Acting Director, Office of Admissions, Bureau Stefanie Claus of the Office of Visa Management and Budget (OMB) for of Population, Refugees, and Migration, Services, U.S. Department of State, 2401 approval in accordance with the Department of State. E. Street, NW., L–603, Washington, DC Paperwork Reduction Act of 1995. [FR Doc. 2010–23553 Filed 9–20–10; 8:45 am] 20522, who may be reached at (202) • Title of Information Collection: BILLING CODE 4710–33–P 663–2910. Nonimmigrant Fiance(e) Visa SUPPLEMENTARY INFORMATION: We are Application. • OMB Control Number: 1405–0096. DEPARTMENT OF STATE soliciting public comments to permit • Type of Request: Extension of a the Department to: [Public Notice: 7177] Currently Approved Collection. • Evaluate whether the proposed • Originating Office: Bureau of 30-Day Notice of Proposed Information information collection is necessary for Consular Affairs, Department of State Collection: DS–1648, Application for A, the proper performance of our (CA/VO). G, or NATO Visa, OMB No. 1405–0100 functions. • Form Number: DS–156K. • • Respondents: Aliens applying for a ACTION: Notice of request for public Evaluate the accuracy of our nonimmigrant visa to enter the U.S. as comment and submission to OMB of estimate of the burden of the proposed the fiance´(e) of a U.S. citizen proposed collection of information. collection, including the validity of the • methodology and assumptions used. Estimated Number of Respondents: SUMMARY: The Department of State has 35,000. • Enhance the quality, utility, and submitted the following information • Estimated Number of Responses: clarity of the information to be collection request to the Office of 35,000. Management and Budget (OMB) for collected. • Average Hours per Response: 1 approval in accordance with the • Minimize the reporting burden on hour. Paperwork Reduction Act of 1995. those who are to respond, including the • Total Estimated Burden: 35,000 • Title of Information Collection: use of automated collection techniques hours per year. Application for A, G, or NATO Visa. or other forms of technology. • Frequency: Once per respondent. • OMB Control Number: 1405–0100. • Obligation to Respond: Required to • Type of Request: Revision of a Abstract of Proposed Collection Obtain or Retain a Benefit. Currently Approved Collection. DATE(S): Submit comments to the Office • Originating Office: Bureau of The Department of State uses Form DS–1648 to elicit information from of Management and Budget (OMB) for Consular Affairs, Office of Visa Services. up to 30 days from September 21, 2010. • Form Number: DS–1648. applicants for a renewal of A, G, or • Respondents: All applicants for A, NATO visas, excluding A–3, G–5 and ADDRESSES: Direct comments to the G, or NATO visas reauthorizations. NATO–7 applicants. An estimated Department of State Desk Officer in the • Estimated Number of Respondents: 30,000 renewal applications are filed Office of Information and Regulatory 30,000. each year. Affairs at the Office of Management and • Estimated Number of Responses: Budget (OMB). You may submit 30,000. Methodology comments by the following methods: • Average Hours per Response: 30 • E-mail: The DS–1648 will be submitted minutes. [email protected]. You • Total Estimated Burden: 15,000 electronically to the Department via the must include the DS form number, hours. internet. The applicant will be information collection title, and OMB • Frequency: Once per application. instructed to print a confirmation page control number in the subject line of • Obligation to Respond: Required to containing a bar coded record locator, your message. obtain benefit. which will be scanned at the time of • Fax: 202–395–5806. Attention: Desk DATES: Submit comments to the Office processing. Officer for Department of State. of Management and Budget (OMB) for Dated: September 8, 2010. FOR FURTHER INFORMATION CONTACT: You up to 30 days from September 21, 2010. David T. Donahue, may obtain copies of the proposed ADDRESSES: Direct comments to the Deputy Assistant Secretary, Bureau of information collection and supporting Department of State Desk Officer in the Consular Affairs, Department of State. documents from Stefanie Claus in the Office of Information and Regulatory Office of Visa Services, U.S. Department [FR Doc. 2010–23554 Filed 9–20–10; 8:45 am] Affairs at the Office of Management and of State, 2401 E. Street, NW., L–603, Budget (OMB). You may submit BILLING CODE 4710–06–P Washington, DC 20522, who may be comments by the following methods: reached at (202) 663–2910.

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SUPPLEMENTARY INFORMATION: We are As access to the Department of State DEPARTMENT OF TRANSPORTATION soliciting public comments to permit facilities is controlled, persons wishing the Department to: to attend the meeting must notify the Office of the Secretary • Evaluate whether the proposed DTAG Alternate Designated Federal Notice of Applications for Certificates information collection is necessary to Officer (DFO) by close of business of Public Convenience and Necessity properly perform our functions. Wednesday, October 13, 2010. If • and Foreign Air Carrier Permits Filed Evaluate the accuracy of our notified after this date, the Department’s estimate of the burden of the proposed under Subpart B (Formerly Subpart Q) Bureau of Diplomatic Security may not collection, including the validity of the During the Week Ending September 4, methodology and assumptions used. be able to complete the necessary 2010 • Enhance the quality, utility, and processing required to attend the clarity of the information to be plenary session. A person requesting The following Applications for collected. reasonable accommodation should Certificates of Public Convenience and • Minimize the reporting burden on notify the Alternate DFO by the same Necessity and Foreign Air Carrier those who are to respond, date. Permits were filed under Subpart B Abstract of proposed collection: Form Each non-member observer or DTAG (formerly Subpart Q) of the Department DS–156K is used by consular officers to member that wishes to attend this of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. determine the eligibility of an alien plenary session should provide: his/her applicant for a non-immigrant fiance´(e) seq.). The due date for Answers, name; company or organizational visa. Conforming Applications, or Motions to Methodology: The DS–156K is affiliation; phone number; date of birth; Modify Scope are set forth below for submitted to consular posts abroad. and identifying data such as driver’s each application. Following the Answer license number, U.S. Government ID, or Dated: September 8, 2010. period DOT may process the application U.S. Military ID, to the DTAG Alternate David T. Donahue, by expedited procedures. Such DFO, Patricia Slygh, via e-mail at procedures may consist of the adoption Deputy Assistant Secretary, Bureau of [email protected]. A RSVP list will be Consular Affairs, Department of State. of a show-cause order, a tentative order, provided to Diplomatic Security. One of [FR Doc. 2010–23555 Filed 9–20–10; 8:45 am] or in appropriate cases a final order the following forms of valid photo without further proceedings. BILLING CODE 4710–06–P identification will be required for Docket Number: DOT–OST–2010– admission to the Department of State 0223. DEPARTMENT OF STATE building: U.S. driver’s license, passport, Date Filed: September 3, 2010. U.S. Government ID or other valid photo [Public Notice 7109] Due Date for Answers, Conforming ID. Personal data is requested pursuant Applications, or Motion to Modify Defense Trade Advisory Group; Notice to Public Law 99–399 (Omnibus Scope: September 24, 2010. of Open Meeting Diplomatic Security and Antiterrorism Description: Joint Application of Act of 1986), as amended; Public Law ASTAR Air Cargo, Inc. (‘‘ASTAR’’) and SUMMARY: The Defense Trade Advisory 107–56 (USA PATRIOT Act); and ‘‘ ’’ Group (DTAG) will meet in open ASTAR USA, LLC ( AUSA ) requesting Executive Order 13356. The purpose of the transfer from ASTAR to AUSA of session from 1:30 p.m. to 5 p.m. on the collection is to validate the identity Wednesday, October 20, 2010, in the ASTAR’s certificates of public of individuals who enter Department convenience and necessity authorizing Loy Henderson Conference Center at the facilities. The data will be entered into U.S. Department of State, Harry S. ASTAR to engage in interstate and the Visitor Access Control System Truman Building, Washington, DC. foreign all cargo scheduled air (VACS–D) database. Please see the Entry and registration will begin at transportation. 12:30 p.m. Please use the building Privacy Impact Assessment for VACS–D Docket Number: DOT–OST–2010- entrance located at 23rd Street, NW., at http://www.state.gov/documents/ 0225. Washington, DC, between C & D Streets. organization/100305.pdf for additional Date Filed: September 2, 2010. The membership of this advisory information. Due Date for Answers, Conforming committee consists of private sector For additional information, contact Applications, or Motion to Modify defense trade representatives, appointed Patricia Slygh, PM/DDTC, SA–1, 12th Scope: September 23, 2010. by the Assistant Secretary of State for Floor, Directorate of Defense Trade Description: Joint Application of Political-Military Affairs, who advise Controls, Bureau of Political-Military Atlantic Southeast Airlines, Inc. the Department on policies, regulations, Affairs, U.S. Department of State, (‘‘ASA’’) and ExpressJet Airlines, Inc. and technical issues affecting defense Washington, DC 20522–0112; telephone (‘‘ExpressJet’’) (together, the ‘‘Joint trade. The purpose of the meeting will (202) 663–2830; FAX (202) 261–8199; or Applicants’’) requesting approval of the be to discuss current defense trade e-mail [email protected]. de facto transfer of ExpressJet’s issues and topics for further study. international route authority, consisting Dated: September 1, 2010. Agenda topics will be posted on the of U.S.-Mexico designations, to ASA. In Directorate of Defense Trade Controls’ Robert S. Kovac, addition, the Joint Applicants ask the Web site, at http:// Designated Federal Officer, Defense Trade Department to approve the eventual de www.pmddtc.state.gov 2 weeks prior to Advisory Group, Department of State. jure transfer that will occur when the meeting. [FR Doc. 2010–23556 Filed 9–20–10; 8:45 am] ExpressJet and ASA merge as Members of the public may attend BILLING CODE 4710–25–P anticipated. this open session and will be permitted to participate in the discussion in Renee V. Wright, accordance with the Chair’s Program Manager, Docket Operations, instructions. Members of the public Federal Register Liaison. may, if they wish, submit a brief [FR Doc. 2010–23509 Filed 9–20–10; 8:45 am] statement to the committee in writing. BILLING CODE 4910–9X–P

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DEPARTMENT OF TRANSPORTATION ensuring the availability and quality of EDT, via teleconference. A call-in a workforce necessary to support a number and pass code will be issued Office of the Secretary robust, expanding commercial aviation upon registration. Background industry in light of the changing socio- information may be found at the FAAC Aviation Proceedings, Agreements economic dynamics of the world’s Web site, located at http://www.dot.gov/ Filed the Week Ending September 4, technologically advanced economies. faac/. The agenda includes— 2010 Among other matters, the subcommittee 1. Discussion of topics selected by The following Agreements were filed will examine three issues affecting the subcommittee members on the subject with the Department of Transportation future employment requirements of the of labor and improving the workforce of under the sections 412 and 414 of the aviation industry: (1) The need for the aviation industry. science, technology, engineering, and Federal Aviation Act, as amended (49 2. Establishment of a plan and math skills in the industry; (2) the U.S.C. 1382 and 1384) and procedures timeline for further work. governing proceedings to enforce these creation of a culture of dignity and 3. Identification of priority issues for provisions. Answers may be filed within respect in workplace; and (3) the effect the fifth subcommittee meeting. 21 days after the filing of the of NextGen on various workforces. This application. teleconference meeting is solely for Registration Docket Number: DOT–OST–2010– discussion with Joshua Mr. M. Javits, a 0218. professional arbitrator and mediator, The telephone conference can Date Filed: August 31, 2010. who has mediated a number of air accommodate up to 50 members of the Parties: Members of the International carrier labor-management disputes. He public. Persons desiring to listen to the Air Transport Association. is a former chairman and member of the discussion must pre-register through e- Subject: Finally Adopted Resolution National Mediation Board. Mr. Javits is mail to [email protected]. The term 600i, Recommended Practice 1601, and the owner of Dispute Resolution ‘‘Registration: Labor/Workforce’’ must be Recommended Practice 1670. Services, an ‘‘Alternative Dispute listed in the subject line of the message, Intended effective date: 1 October Resolution’’ firm dedicated to providing and admission will be limited to the 2010. clients with cost-effective resolution of first 50 persons to pre-register and disputes, as well as conflict prevention, receive a confirmation of their pre- Renee V. Wright, system design, training and fact-finding registration. Program Manager, Docket Operations, services. Federal Register Liaison. No arrangements are being made for DATES: The meeting will be held on audio or video transmission or for oral [FR Doc. 2010–23508 Filed 9–20–10; 8:45 am] October 1, 2010, from 1 p.m. to 4 p.m. statements or questions from the public BILLING CODE 4910–9X–P Eastern Daylight Time (EDT). at the meeting. Minutes of the meeting ADDRESSES: The meeting will be held will be taken and will be posted on the DEPARTMENT OF TRANSPORTATION via teleconference. A call-in number FAAC Web site at http://www.dot.gov/ and pass code will be issued upon faac/. [DOT Docket No. DOT–OST–2010–0074] registration. (See below for registration Request for Special Accommodation instructions.) The Future of Aviation Advisory Public Access: The meeting is open to The DOT is committed to providing Committee (FAAC) Subcommittee on the public. (See below for registration equal access to this meeting for all Labor and World-Class Workforce; instructions.) participants. If you need alternative Notice of Meeting Public Comments: Persons wishing to formats or services because of a AGENCY: Office of the Secretary of offer written comments and suggestions disability, please send a request to Transportation, Department of concerning the activities of the advisory [email protected] with the term ‘‘Special Transportation. committee or subcommittee should file Accommodations’’ listed in the subject comments in the Public Docket (Docket ACTION: The Future of Aviation line of the message by close of business Advisory Committee (FAAC) Number DOT–OST–2010–0074 at http:// on Tuesday, September 28, 2010. www.Regulations.Gov) or alternatively Subcommittee on Labor and World-class FOR FURTHER INFORMATION CONTACT: Workforce; Notice of Meeting. through the [email protected] e-mail. If comments and suggestions are intended Terri L. Williams, Acting Executive Director for Strategic Performance and SUMMARY: The Department of specifically for the Subcommittee on Organizational Success, Office of the Transportation (DOT), Office of the Labor and World-class Workforce, the Assistant Administrator for Human Secretary of Transportation, announces term ‘‘Labor/Workforce’’ should be listed Resources, Federal Aviation a meeting of the FAAC Subcommittee in the subject line of the message. In Administration, 800 Independence on Labor and World-class Workforce, order to ensure that such comments can Avenue, SW., Washington, DC 20591; which will be held via teleconference. A be considered by the subcommittee (202) 267–3456, extension 7472; or call-in number and pass code will be before its October 1, 2010, meeting, Regis P. Milan, Office of Aviation issued upon registration. This notice public comments must be filed by 5 Analysis, U.S. Department of announces the date and time of the p.m. EDT on Tuesday, September 28, Transportation; Room 86W–309, 1200 meeting, which will be open to the 2010. New Jersey Avenue, SE., Washington, public. The purpose of the FAAC is to SUPPLEMENTARY INFORMATION: DC 20590; (202) 366–2349. provide advice and recommendations to the Secretary of Transportation to Background Issued in Washington, DC, on September ensure the competitiveness of the U.S. Under section 10(a)(2) of the Federal 16, 2010. aviation industry and its capability to Advisory Committee Act (5 U.S.C. App. Pamela Hamilton-Powell, effectively manage the evolving 2), we are giving notice of a meeting of Designated Federal Official, Future of transportation needs, challenges, and the FAAC Subcommittee on Labor and Aviation Advisory Committee. opportunities of the global economy. World-class Workforce taking place on [FR Doc. 2010–23503 Filed 9–20–10; 8:45 am] The subcommittee is charged with October 1, 2010, from 1 p.m. to 4 p.m. BILLING CODE P

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DEPARTMENT OF TRANSPORTATION through the [email protected] e-mail. If telephone (202) 366–4861; fax (202) comments and suggestions are intended 366–7638; [email protected]. Office of the Secretary of specifically for the Environment Issued in Washington, DC, on September Transportation Subcommittee, the term ‘‘Environment’’ 16, 2010. [DOT Docket No. DOT–OST–2010–0074] should be listed in the subject line of Pamela Hamilton-Powell, the message. To ensure such comments Designated Federal Official, Future of The Future of Aviation Advisory can be considered by the subcommittee Aviation Advisory Committee. Committee (FAAC) Environment before its October 5, 2010, meeting, [FR Doc. 2010–23504 Filed 9–20–10; 8:45 am] public comments must be filed by 5 Subcommittee; Notice of Meeting BILLING CODE P p.m., Eastern Daylight Time on Friday, AGENCY: U.S. Department of October, 1, 2010. Transportation, Office of the Secretary SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION of Transportation. ACTION: The Future of Aviation Background [Docket No. FRA 2010–0005–N–18] Advisory Committee (FAAC) Under section 10(a)(2) of the Federal Notice and Request for Comments Environment Subcommittee; Notice of Advisory Committee Act (5 U.S.C. App. Federal Advisory Committee Meeting. 2), we are giving notice of a meeting of AGENCY: Federal Railroad the Environment Subcommittee of the Administration, DOT. SUMMARY: The Department of Future of Aviation Advisory Committee ACTION: Transportation (DOT), Office of the Notice and Request for taking place on October 5, 2010, from Secretary of Transportation, announces Comments. 10:30 a.m. to 3 p.m. CDT, at the a meeting of the FAAC Environment InterContinental Chicago O’Hare Hotel, SUMMARY: In compliance with the Subcommittee, which will be held at Field Room, 5300 North River Road, Paperwork Reduction Act of 1995 (44 InterContinental Chicago O’Hare Hotel, Rosemont, IL 60018. The agenda U.S.C. 3501 et seq.), this notice Field Room, 5300 North River Road, includes— announces that the Information Rosemont, IL 60018. This notice 1. Discussion of operational and Collection Requirements (ICRs) announces the date, time, and location technology improvements, sustainable abstracted below have been forwarded of the meeting, which will be open to alternative fuels, and harmonized to the Office of Management and Budget the public. The purpose of the FAAC is domestic and global efforts that can (OMB) for review and comment. The to provide advice and recommendations contribute to reducing aviation carbon ICRs describes the nature of the to the Secretary of Transportation to emissions. information collection and their ensure the competitiveness of the U.S. 2. Consideration of public comments. expected burden. The Federal Register aviation industry and its capability to 3. Identification of environmental notice with a 60-day comment period manage effectively the evolving options for presentation at the next soliciting comments on the following transportation needs, challenges, and meeting of the full committee. collection of information was published opportunities of the global economy. on July 13, 2010 (75 FR 40021). The Environment Subcommittee is Registration DATES: Comments must be submitted on charged with examining steps and The meeting room can accommodate or before October 21, 2010. strategies that can be taken by aviation- up to 20 members of the public. Persons FOR FURTHER INFORMATION CONTACT: Mr. sector stakeholders and the Federal desiring to attend must pre-register Robert Brogan, Office of Safety, Government to reduce aviation’s through e-mail to [email protected]. The Planning and Evaluation Division, RRS– environmental footprint and foster term ‘‘Registration: Environment’’ 21, Federal Railroad Administration, sustainability gains in cost-effective should be listed in the subject line of 1200 New Jersey Ave., SE., Mail Stop ways. This includes consideration of the message and admission will be 17, Washington, DC 20590 (telephone: potential approaches to promote limited to the first 20 persons to pre- (202) 493–6292), or Ms. Kimberly effective international actions through register and receive a confirmation of Toone, Office of Information the International Civil Aviation their pre-registration. The last day for Technology, RAD–20, Federal Railroad Organization. registration is October 1, 2010. Administration, 1200 New Jersey Ave., DATES: The meeting will be held on Minutes of the meeting will be taken SE., Mail Stop 35, Washington, DC October 5, 2010, from 10:30 a.m. to 3 and will be made available to the 20590 (telephone: (202) 493–6132). p.m., Central Daylight Time (CDT). public. (These telephone numbers are not toll- free.) ADDRESSES: The meeting will be held at Requests for Special Accommodation the InterContinental Chicago O’Hare SUPPLEMENTARY INFORMATION: The Hotel, Field Room, 5300 North River The DOT is committed to providing Paperwork Reduction Act of 1995 Road, Rosemont, IL 60018. Rosemont is equal access to this meeting for all (PRA), Public Law No. 104–13, Section located in the Chicago, IL, metropolitan participants. If you need alternative 2, 109 Stat. 163 (1995) (codified as area. formats or services because of a revised at 44 U.S.C. 3501–3520), and its Public Access: The meeting is open to disability, please send a request to implementing regulations, 5 CFR Part the public. (See below for registration [email protected] with the term ‘‘Special 1320, require Federal agencies to issue instructions.) Accommodations’’ listed in the subject two notices seeking public comment on Public Comments: Persons wishing to line of the message by close of business information collection activities before offer written comments and suggestions Friday, October 1, 2010. OMB may approve paperwork packages. concerning the activities of the advisory FOR FURTHER INFORMATION CONTACT: 44 U.S.C. 3506, 3507; 5 CFR 1320.5, committee or Environment Camille Mittelholtz, Deputy Director, 1320.8(d)(1), 1320.12. On July 13, 2010, Subcommittee should file comments in Office of Safety, Energy, and FRA published a 60-day notice in the the Public Docket (Docket Number Environment, Office of the Secretary of Federal Register soliciting comment on DOT–OST–2010–0074 at http:// Transportation, 1200 New Jersey ICRs for which the agency was seeking www.regulations.gov) or alternatively Avenue, SE., Washington, DC 20590; OMB approval. 75 FR 40021. FRA

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received no comments in response to FRA—an increase of 100 incidents over Type of Request: Revision of a this notice. the previous year—but suicides are not Previously Approved Collection. Before OMB decides whether to represented in these numbers. Affected Public: Rail Employees and approve a proposed collection of Unverifiable estimates from a number of Key Non-railroad Stakeholders. information, it must provide 30 days for sources range from 150 to more than 300 Abstract: In the U.S. railroad industry, public comment. 44 U.S.C. 3507(b); 5 suicides per year on the U.S. railways. injury rates have been declining over CFR 1320.12(d). Federal law requires Like any other incident on the rail the last 25 years. Indeed, the industry OMB to approve or disapprove system, a suicide on the tracks results in incident rate fell from a high of 12.1 paperwork packages between 30 and 60 equipment and facility damage, delays incidents per 100 workers per year in days after the 30-day notice is to train schedules, and trauma to 1978 to 3.66 in 1996. As the number of published. 44 U.S.C. 3507 (b)–(c); 5 CFR railroad personnel involved in the incidents has decreased, the mix of 1320.12(d); see also 60 FR 44978, 44983, incidents. As a result, FRA last year causes has also changed toward a higher Aug. 29, 1995. OMB believes that the awarded a grant for the first phase of a proportion of incidents that can be 30-day notice informs the regulated 5-year project to reduce suicides on the attributed to human and organizational community to file relevant comments rail system to the Railroad Research factors. This combination of trends— and affords the agency adequate time to Foundation (part of the Association of decrease in overall rates but increasing digest public comments before it American Railroads) and its proportion of human factors-related renders a decision. 60 FR 44983, Aug. subcontractor, the American incidents—has left safety managers with 29, 1995. Therefore, respondents should Association of Suicidology (AAS). In the a need to shift tactics in reducing submit their respective comments to course of five years, the research injuries to even lower rates than they OMB within 30 days of publication to project’s goals include: are now. best ensure having their full effect. 5 • A prevalence assessment to In recognition of the need for new CFR 1320.12(c); see also 60 FR 44983, determine verifiable numbers of approaches to improving safety, FRA Aug. 29, 1995. suicides on the rail system, has instituted the Confidential Close The summary below describes the • Development of a standardized Call Reporting System (C3RS). The nature of the information collection reporting tool for industry use, operating assumption behind C3RS is requirements (ICRs) and the expected • A causal analysis and root cause that by assuring confidentiality, burden, and are being submitted for analysis of suicide incidents that occur employees will report events which, if clearance by OMB as required by the during the grant cycle, and dealt with, will decrease the likelihood PRA. • Design and implementation of of accidents. C3RS, therefore, has both a Title: Causal Analysis and suicide prevention measures for the confidential reporting component, and a Countermeasures to Reduce Rail-Related Nation’s rail system to reduce suicide problem analysis/solution component. Suicides. injuries and deaths. C3RS is expected to affect safety in two OMB Control Number: 2130–0572. This request to the Office of ways. First, it will lead to problem Type of Request: Extension without Management and Budget is for re- solving concerning specific safety Change of a Previously Approved approval in order to complete Phase II conditions. Second, it will engender an Information Collection. of the project, the causal analysis. In organizational culture and climate that Affected Public: 280 Railroad order to understand as much as possible supports greater awareness of safety and Personnel/Members of the Public/ about people who intend to die by a greater cooperative willingness to Affected Families and Friends. placing themselves in the path of a improve safety. Abstract: Pedestrian trespassing on train, and therefore to design prevention If C3RS works as intended, it could railroad property resulting in serious strategies, AAS has been conducting 60 have an important impact on improving injury or death is one of the two most psychological autopsies over the course safety and safety culture in the railroad serious safety problems (the second of two years on people who die by rail- industry. While C3RS has been being grade crossing collisions) facing related suicide. Psychological autopsy is developed and implemented with the the railroad industry and its regulators a recognized and accepted method for participation of FRA, railroad labor, and not only in the United States but also in obtaining information about physical, railroad management, there are other countries. It is widely believed in emotional and circumstantial legitimate questions about whether it is this country that the reported contributors to a person’s death. The 60 being implemented in the most prevalence and incidence of railway psychological autopsies for the FRA beneficial way, and whether it will have suicide vastly under-represents the project involve interviews with its intended effect. Further, even if C3RS nature and extent of the problem. There informants to these incidents including is successful, it will be necessary to is no central reporting system within the family members and friends, employers know if it is successful enough to railroad industry or the suicide and co-workers, and rail personnel implement on a wide scale. To address prevention field that provides verifiable involved in the incidents. these important questions, FRA is information about how many trespass After conducting a root cause analysis implementing a formative evaluation to deaths are accidental vs. intentional. of this data, AAS will then work with guide program development, a Therefore, there are no verifiable the industry to design, pilot test and summative evaluation to assess impact, measures of the extent of rail-related implement effective countermeasures and a sustainability evaluation to suicides in the United States. While with the goal of reducing deaths, determine how C3RS can continue after railroad companies must report trespass injuries and psychological trauma. the test period is over. The evaluation incidents resulting in serious injury or Form Number(s): FRA F 6180.125A; is needed to provide FRA with guidance death to the U.S. Federal Railroad FRA F 6180.125B. as to how it can improve the program, Administration (FRA), injuries or deaths Annual Estimated Burden Hours: 537 and how it might be scaled up that are ruled by a medical examiner or hours. throughout the railroad industry. coroner to be intentional are not Title: Confidential Close Call Program evaluation is an inherently reported. Preliminary figures from 2006 Reporting System Evaluation-Related data driven activity. Its basic tenet is indicate there were approximately 500 Interview Data Collection. that as change is implemented, data can deaths and 360 injuries reported to the OMB Control Number: 2130–0574. be collected to track the course and

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consequences of the change. Because of duties or because of that employee’s Environmental Impact Statement (EIS) the setting in which C3RS is being official duty status’’ unless authorized will be prepared for a proposed highway implemented, that data must come from by agency counsel after determining project in Polk County, Tennessee. the railroad employees (labor and that, in legal proceedings between FOR FURTHER INFORMATION CONTACT: Mr. management) who may be affected. private litigants, such testimony would Charles J. O’Neill, Planning and Critical data include beliefs about safety be in the best interests of the Program Management Team Leader, and issues related to safety, and Department or that of the United States Federal Highway Administration, opinions/observations about the Government if disclosed. Finally, the Tennessee Division Office, Address: 404 operation of C3RS. name of those interviewed will not be BNA Drive, Suite 508, Nashville, The ongoing study is a five-year requested. demonstration project to improve rail Annual Estimated Burden Hours: 242 Tennessee 37217, Telephone: (615) 781– safety, and is designed to identify safety hours 5770, E-mail: [email protected]. issues and propose corrective action Addressee: Send comments regarding SUPPLEMENTARY INFORMATION: The based on voluntary reports of close calls this information collection to the Office FHWA, in cooperation with the submitted to the Bureau of of Information and Regulatory Affairs, Tennessee Department of Transportation Statistics. Because of the Office of Management and Budget, 725 Transportation, will prepare an EIS for innovative nature of this program, FRA Seventeenth Street, NW., Washington, the proposed U.S. 64/Appalachian is implementing an evaluation to DC 20503, Attention: FRA Desk Officer. Development Corridor K project from determine whether the program is Comments may also be sent west of the Ocoee River to State Route succeeding, how it can be improved electronically via e-mail to the Office of 68 near Ducktown, a distance of and, if successful, what is needed to Information and Regulatory Affairs approximately 20 miles. The southern spread the program throughout the (OIRA) at the following address: boundary of the Corridor K project railroad industry. Interviews to evaluate [email protected]. study area is along the Tennessee- the close call reporting system will be Comments are invited on the Georgia state line. The northern conducted with two groups: (1) Key following: Whether the proposed boundary, in general, is along the stakeholders to the process (e.g., FRA collection of information is necessary Hiwassee River and Ocoee River officials, industry labor, and carrier for the proper performance of the watershed boundary. A NOI for the management within participating functions of the Department, including same project corridor was previously railroads); and (2) Employees in whether the information will have published on August 28, 1999 and then participating railroads who are eligible practical utility; the accuracy of the rescinded on May 21, 2008 due to the to submit close call reports to the Department’s estimate of the burden of decision that a new EIS was needed to Confidential Close Call Reporting the proposed information collection; include and evaluate new information System. Different questions will be ways to enhance the quality, utility, and and a new economic development addressed to each of these two groups. clarity of the information to be study. Interviews will be semi-structured, with collected; and ways to minimize the Alternatives to be considered include: follow-up questions asked as burden of the collection of information appropriate depending on the (1) No-build; (2) a Transportation on respondents, including the use of System Management (TSM) alternative; respondent’s initial answer. automated collection techniques or The confidentiality of the interview (3) a transit alternative; (4) one or more other forms of information technology. build alternatives that could include data is protected by the Privacy Act of A comment to OMB is best assured of constructing a roadway on a new 1974. FRA fully complies with all laws having its full effect if OMB receives it location, upgrading existing U.S. 64, or pertaining to confidentiality, including within 30 days of publication of this a combination of both, and (5) other the Privacy Act. Thus, information notice in the Federal Register. obtained by or acquired by FRA’s alternatives that may arise from public contractor, the Volpe Center, from key Authority: 44 U.S.C. 3501–3520. input. Public scoping meetings will be stakeholders and railroad employees Issued in Washington, DC, on September held for the project corridor. As part of will be used strictly for evaluation 15, 2010. the scoping process, federal, state, and purposes. None of the information that Kimberly Coronel, local agencies and officials; private might be identifying will be Director, Office of Financial Management. organizations; citizens; and interest disseminated or disclosed in any way. [FR Doc. 2010–23478 Filed 9–20–10; 8:45 am] groups will have an opportunity to In addition, the participating railroad BILLING CODE 4910–06–P identify issues of concern and provide sites involved will require Volpe to input on the purpose and need for the establish a non-disclosure agreement project, range of alternatives, that prohibits disclosure of company DEPARTMENT OF TRANSPORTATION methodology, and the development of confidential information without the the EIS. A Coordination Plan has been carrier’s authorization. Also, the Federal Highway Administration developed to include the public in the information is protected under the project development process. This plan Department of Transportation regulation Environmental Impact Statement: U.S. utilizes the following outreach efforts to Title 49 CFR Part 9,which is in part 64/Corridor K. The Project Begins on provide information and solicit input: concerned with the Department U.S. 64 From West of the Ocoee River Coordination through a Citizens involvement in proceedings between to State Route 68 Near Ducktown in Resource Team, newsletters, an Internet private litigants. According to this Polk County, TN Web site, e-mail and direct mail, statute, if data are subpoenaed, Volpe AGENCY: Federal Highway informational meetings and briefings, and Volpe contractors can not ‘‘provide Administration (FHWA), DOT. public hearings, and other efforts as testimony or produce any material ACTION: Notice of Intent (NOI). necessary and appropriate. A public contained in the files of the Department, hearing will be held upon completion of or disclose any information or produce SUMMARY: The Federal Highway the Draft EIS and public notice will be any material acquired as part of the Administration (FHWA) is issuing this given of the time and place of the performance of that employee’s official notice to advise the public that an hearing. The Draft EIS will be available

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for public and agency review and project was approximately 36 miles in DEPARTMENT OF TRANSPORTATION comment prior to the public hearings. length. National Highway Traffic Safety To ensure that the full range of issues The project as described in the Administration related to this proposed action are December 18, 2001 Draft Environmental identified and taken into account, Impact Statement (DEIS) was proposed [Docket No. NHTSA–2010–0069] comments and suggestions are invited to improve the regional transportation from all interested parties. Comments system in the area. Fisker Automotive; Grant of and questions concerning the proposed Application for Temporary Exemption action should be directed to the FHWA Since the original Draft From Advanced Air Bag Requirements contact person identified above at the Environmental Impact was approved, of FMVSS No. 208 address provided above. the alternative development and screening process for the project has AGENCY: National Highway Traffic (Catalog of Federal Domestic Assistance Safety Administration (NHTSA), Program Number 20.205, Highway Planning continued through a Context Sensitive and Construction. The regulations Solution Process (CSS). This CSS Department of Transportation (DOT). implementing Executive Order 12372 process identified new alternatives to ACTION: Notice of grant of petition for regarding intergovernmental consultation on follow the general alignment of the temporary exemption from certain Federal programs and activities apply to this Orange alternative, but had been shifted provisions of Federal Motor Vehicle proposed program). at various locations based on input from Safety Standard (FMVSS) No. 208, Charles J. O’Neill, the CSS process. In addition, the Occupant Crash Protection. number and type of access points along Planning & Program Mgmt. Team Leader, SUMMARY: This notice grants the petition Nashville, TN. the route have been modified. The of Fisker Automotive Corporation [FR Doc. 2010–23527 Filed 9–20–10; 8:45 am] purpose of the SDEIS was to study and (Fisker) from certain advanced air bag BILLING CODE 4910–22–P develop the new alternatives. The No- requirements of FMVSS No. 208, for the Build and three Build Alternatives were Karma model. The basis for the proposed to be studied in the SDEIS. application is that compliance would DEPARTMENT OF TRANSPORTATION Revised traffic projections show a cause substantial economic hardship to Federal Highway Administration much lower level of traffic using the a manufacturer that has tried in good new proposed Route 475 (Knoxville faith to comply with the standard. This Notice To Rescind a Notice of Intent To Parkway) and a smaller diversion of action follows our publication in the Prepare a Supplemental Environmental traffic from Interstate 40 and Interstate Federal Register of a document Impact Statement (SEIS): Route 475 75 than was originally projected. In announcing receipt of Fisker’s petition (Knoxville Parkway), From Interstate 75 addition, the estimated cost of and soliciting public comments. South of Knoxville to Interstate 75 approximately one billion dollars was DATES: The exemption is effective North of Knoxville, Loudon, Knox, and determined to be prohibitive. immediately and remains in effect until Anderson Counties, TN September 21, 2011. To ensure that the full range of issues FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Highway related to this proposed action are Administration (FHWA), DOT. identified and taken into account, Edward Glancy, Office of the Chief Counsel, NCC–112, National Highway ACTION: Notice of intent. comments and suggestions are invited from all interested parties. Comments Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building 4th SUMMARY: The Federal Highway and questions concerning the proposed Floor, Room W41–326, Washington, DC Administration (FHWA) is issuing this action should be directed to the FHWA 20590. Telephone: (202) 366–2992; Fax: notice to advise the public that the contact person identified above at the (202) 366–3820. Notice of Intent published on November address provided above. 4, 2005 to prepare a SEIS for the SUPPLEMENTARY INFORMATION: (Catalog of Federal Domestic Assistance proposed Route 475 (Knoxville Program Number 20.205, Highway Planning I. Advanced Air Bag Requirements and Parkway) from Interstate 75 south of and Construction. The regulations Small Volume Manufacturers Knoxville to Interstate 75 north of implementing Executive Order 12372 In 2000, NHTSA upgraded the Knoxville, Loudon, Knox, and Anderson regarding intergovernmental consultation on Counties, Tennessee, is being rescinded. requirements for air bags in passenger Federal programs and activities apply to this cars and light trucks, requiring what are FOR FURTHER INFORMATION CONTACT: Mr. proposed program.) commonly known as ‘‘advanced air Charles J. O’Neill, Planning and 1 Charles J. O’Neill, bags.’’ The upgrade was designed to Program Management Team Leader, meet the goals of improving protection Federal Highway Administration— Planning and Program Mgmt., Team Leader, for occupants of all sizes, belted and Nashville, TN. Tennessee Division Office, 404 BNA unbelted, in moderate-to-high-speed Drive, Suite 508, Nashville, TN 37217. [FR Doc. 2010–23525 Filed 9–20–10; 8:45 am] crashes, and of minimizing the risks 615–781–5770. BILLING CODE 4910–22–P posed by air bags to infants, children, SUPPLEMENTARY INFORMATION: The and other occupants, especially in low- FHWA, in cooperation with the speed crashes. Tennessee Department of The advanced air bag requirements Transportation, is rescinding the notice were a culmination of a comprehensive of intent to prepare a SEIS for the plan that the agency announced in 1996 proposed Route 475 (Knoxville to address the adverse effects of air bags. Parkway) from Interstate 75 south of This plan also included an extensive Knoxville to Interstate 75 north of consumer education program to Knoxville, Loudon, Knox, and Anderson Counties, Tennessee. The proposed 1 See 65 FR 30680 (May 12, 2000).

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encourage the placement of children in Vehicle manufacturers may apply for efforts to comply with the regulation, rear seats. temporary exemptions on several bases, the public interest, consistency with the The new requirements were phased in one of which is that compliance would Safety Act, generally, as well as other beginning with the 2004 model year. cause substantial economic hardship to such matters provided in the statute. Small volume manufacturers were not a manufacturer that has tried in good III. Fisker’s Petition subject to the advanced air bag faith to comply with the standard. requirements until September 1, 2006. A petitioner must provide specified Fisker submitted a petition for In recent years, NHTSA has addressed information in submitting a petition for exemption from certain requirements of a number of petitions for exemption exemption. These requirements are FMVSS No. 208, Occupant Crash from the advanced air bag requirements specified in 49 CFR 555.5, and include Protection, pursuant to 49 CFR part 555, of FMVSS No. 208. The majority of a number of items. Foremost among Temporary Exemption from Motor these requests have come from small them are that the petitioner must set Vehicle Safety and Bumper Standards. manufacturers which have petitioned on forth the basis of the application under Specifically, the petition requested an the basis of substantial economic § 555.6, and the reasons why the exemption from paragraphs S14, S15, hardship to a manufacturer that has exemption would be in the public S17, S19, S21, S23, and S25 of FMVSS tried in good faith to comply with the interest and consistent with the No. 208, which relate to the advanced standard. NHTSA has granted a number objectives of 49 U.S.C. Chapter 301. air bag requirements. However, the of these petitions, usually in situations A manufacturer is eligible to apply for petitioner stated that it will be where the manufacturer is supplying a hardship exemption if its total motor compliant with S14.5.1(b), barrier test standard air bags in lieu of advanced air vehicle production in its most recent requirements using belted 50th bags.2 In addressing these petitions, year of production did not exceed percentile adult male dummies. The NHTSA has recognized that small 10,000 vehicles, as determined by the basis of the petition was substantial manufacturers may face particular NHTSA Administrator (49 U.S.C. economic hardship to a manufacturer difficulties in acquiring or developing 30113). that has tried in good faith to comply advanced air bag systems. In determining whether a with the standard. The agency has carefully tracked manufacturer of a vehicle meets that In its petition, Fisker requested an occupant fatalities resulting from air bag criterion, NHTSA considers whether a exemption for the Karma model ‘‘for a deployment. Our data indicate that the second vehicle manufacturer also might period of one year from the date of agency’s efforts in the area of consumer be deemed the manufacturer of that NHTSA approval or until May 24, 2011, education and manufacturers’ providing vehicle. The statutory provisions by which time Fisker will be able to depowered air bags were successful in governing motor vehicle safety (49 fully comply with the requirements of reducing air bag fatalities even before U.S.C. Chapter 301) do not state that a Federal Motor Vehicle Safety Standard advanced air bag requirements were manufacturer has substantial 208.’’ In a submission dated July 30, implemented. responsibility as manufacturer of a 2010, Fisker 4 stated that due to delays As always, we are concerned about vehicle simply because it owns or in vehicle availability for air bag system the potential safety implication of any controls a second manufacturer that development and testing, it was temporary exemption granted by this assembled that vehicle. However, the requesting that the exemption be for ‘‘a agency. In the present case, we are agency considers the statutory period of one year from the date of ‘‘ ’’ addressing a petition for a temporary definition of manufacturer (49 U.S.C. NHTSA approval, by which time Fisker exemption from the advanced air bag 30102) to be sufficiently broad to will be able to fully comply with the requirements submitted by a include sponsors, depending on the requirements of Federal Motor Vehicle circumstances. Thus, NHTSA has stated manufacturer of a plug-in hybrid Safety Standard 208.’’ that a manufacturer may be deemed to electric car. The basis of the petition According to the petition, Fisker is a be a sponsor and thus a manufacturer of was substantial economic hardship to a privately held company incorporated in a vehicle assembled by a second manufacturer that has tried in good faith the State of Delaware, with headquarters manufacturer if the first manufacturer to comply with the standard. in California. Its total motor vehicle had a substantial role in the production during the 12 months II. Statutory Basis for Requested Part development and manufacturing preceding the filing of the petition was 555 Exemption process of that vehicle. 0 vehicles. We note that Fisker Finally, while 49 U.S.C. 30113(b) The National Traffic and Motor Automotive was established in states that exemptions from a Safety Act Vehicle Safety Act, codified as 49 U.S.C. September 2007 as a joint venture of standard are to be granted on a Chapter 301, provides the Secretary of Fisker Coachbuild, LLC and Quantum ‘‘temporary basis,’’ 3 the statute also Transportation authority to exempt, on Fuel System Technologies Worldwide, expressly provides for renewal of an a temporary basis and under specified Inc. circumstances, motor vehicles from a exemption on reapplication. The petitioner stated that the Fisker motor vehicle safety standard or bumper Manufacturers are nevertheless Karma is a completely new passenger standard. This authority is set forth at cautioned that the agency’s decision to car model. Design and development of 49 U.S.C. 30113. The Secretary has grant an initial petition in no way the Karma began in late 2007. The delegated the authority for this section predetermines that the agency will Karma is being designed and developed to NHTSA. repeatedly grant renewal petitions, to meet all applicable FMVSS and EEC NHTSA established part 555, thereby imparting semi-permanent regulations, including the installation of Temporary Exemption from Motor exemption from a safety standard. eight air bags on the coupe version and Vehicle Safety and Bumper Standards, Exempted manufacturers seeking six air bags on the convertible version. to implement the statutory provisions renewal must bear in mind that the Fisker stated the air bag system is being concerning temporary exemptions. agency is directed to consider financial developed through cooperation with hardship as but one factor, along with 2 See, e.g., grant of petition to Panoz, 72 FR 28759 the manufacturer’s on-going good faith 4 The July 30. 2010 submission was submitted on (May 22, 2007), or grant of petition to Koenigsegg, behalf of Fisker by Global Vehicle Services 72 FR 17608 (April 9, 2007). 3 49 U.S.C. 30113(b)(1). Corporation.

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Takata, Tass, and Bosch, which have V. Agency Analysis and Decision statutory 10,000 vehicle limit by been granted contracts to complete the In this section we provide our engaging in joint ventures with small development of the air bag systems. The companies and having the small analysis and decision regarding Fisker’s 6 petitioner stated that these companies temporary exemption request company submit the petition. Valmet is a company which is known were retained in 2008/2009 and are concerning advanced air bag as a contract manufacturer of specialty continuing the efforts to develop an air requirements of FMVSS No. 208. cars. Among other things, it has bag system that is fully compliant with As discussed below, we are granting manufactured the Boxster and Cayman the requirements of FMVSS No. 208. Fisker’s petition for the Karma to be Fisker stated that it subcontracted the for Porsche. exempted, for a period of one year, from advanced air bag system development to Fisker introduced the Karma in S14 (apart from S14.5.1(b)), S15, S17, experienced outside companies, and January 2008 at the North American S19, S21, S23, and S25 of FMVSS No. that the air bag development costs International Auto Show in Detroit. In 208. In addition to certifying represent a very significant expenditure July 2008, Valmet issued a press release compliance with the belted 50th to the company. It provided information titled ‘‘Valmet Automotive announces a percentile adult male dummy barrier to show that its costs total $7,714,857. Letter of Intent for an Assembly impact requirements in S14.5.1(b), Fisker stated that without a temporary Contract with Fisker Automotive.’’ The Fisker must certify to the unbelted 50th exemption, which would enable the press release indicated that Valmet was percentile adult male dummy barrier company to generate funds through the chosen as the engineering and impact test requirement that applied sale of vehicles, it may not be able to manufacturing supplier for Fisker after prior to September 1, 2006 (S5.1.2(a)). sustain the air bag and vehicle an extensive global search. In November For purposes of this exemption, the development programs, causing 2008, Valmet issued a press release unbelted sled test in S13 is an substantial economic hardship to the titled ‘‘Valmet Automotive and Fisker acceptable option for that requirement. company. Automotive have signed the cooperation The petitioner stated that if the a. Issues Related to Eligibility agreement.’’ exemption petition is approved, the As noted above, Fisker stated in its As discussed above, a manufacturer is Karma models sold under the petition that the Karma is a completely eligible to apply for an economic exemption will be compliant with all new passenger car model. According to hardship exemption if its total motor FMVSSs, with the exception of certain the petitioner, the chassis, body, and vehicle production in its most recent sections of FMVSS No. 208. Fisker powertrain are being designed and year of production did not exceed stated that the coupe version will be developed by Fisker with assistance 10,000 vehicles, as determined by the equipped with eight functional air bags from a large number of suppliers, which NHTSA Administrator (49 U.S.C. (front, side, knee and curtain air bags), include EDAG, Magna International, 30113). Moreover, in determining and the convertible version will be Quantum Technologies, TRW, Tass, whether a manufacturer of a vehicle equipped with six functional air bags Lear, Visteon, Rousch, Global Vehicle meets that criterion, NHTSA considers (front, side and knee air bags). Both Services, General Motors, ESG, and whether a second vehicle manufacturer versions will include seat belts with Takata Holdings. also might be deemed the manufacturer pretensioners and load limiters. Also, Based on the available information, of that vehicle. according to the petitioner, both models we believe that Valmet’s role with the While Fisker developed the Karma, will be compliant with the 50th Karma is primarily that of an assembly the vehicle will be assembled in Finland percentile adult male dummy unbelted contractor, i.e., Valmet did not play a by Valmet Automotive (Valmet). The test requirements contained in section significant role in the development of petitioner can be considered a 13 of the standard. the vehicle at issue. We also note that, Fisker argued that sales of the Karma manufacturer of the Karma as a as indicated above, the petitioner stated ‘‘ ’’ are in the public interest. It stated that sponsor, even though the vehicle will that the Karma is a completely new the Karma ‘‘is leading the way towards be assembled by Valmet. passenger car model. the introduction of advanced low- In considering the issue of eligibility Given the above, we believe Fisker emission vehicle technologies to the US in the present situation, Fisker does not should be considered eligible to apply and world markets.’’ Fisker stated that currently manufacture any vehicles. for an economic hardship exemption the Karma will be the first plug-in Therefore, there is no issue as to without regard to the circumstances of hybrid passenger car available for whether it manufactures vehicles other Valmet. While Valmet is also considered purchase by the general public. It also than the Karma. a manufacturer of the Karma by virtue cited benefits of employment We next consider whether persons of assembling it, the role of an assembly opportunities. other than Fisker can be considered to contractor is a relatively limited one in manufacture the Karma. The answer is the overall production of a vehicle. We IV. Notice of Receipt yes. Valmet will be a manufacturer of believe that this particular situation On June 2, 2010 we published in the the Karma by virtue of assembling it. does not raise concerns along the lines Federal Register (75 FR 30900) a notice See 49 U.S.C. 30102(a)(5). of a large manufacturer potentially of receipt of Fisker’s petition for Given that both Fisker and Valmet can avoiding the statutory 10,000 vehicle temporary exemption, and provided an be considered manufacturers of the limit by engaging in a joint venture with opportunity for public comment. We Karma, there are a number of potential a small company and having the small did not receive any substantive issues concerning how the agency company submit the petition. comments.5 should analyze the petition, e.g., It is not necessary in responding to whether to consider one or both this petition to resolve all potential 5 Chrysler submitted a comment noting that the companies with respect to the 10,000 issues related to eligibility that may petition from Fisker was not posted in the docket vehicle limitation for eligibility, arise in a situation where more than one until late in the comment period, and requested a hardship, good faith efforts, etc. We ‘‘nominal amount of time (<10 business days)’’ to company can be considered a fully consider the petition and finalize comments. note, for example, that we have in the However, Chrysler did not subsequently submit a past cited the possible situation of large 6 See grant of petition to Tesla Motors, Inc., 73 FR substantive comment. manufacturers potentially avoiding the 4944, 4948 (Jan. 28, 2008).

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manufacturer of a vehicle that is the bag system that is fully compliant with development of fuel-efficient and subject of an economic hardship the requirements of FMVSS No. 208. alternative-energy vehicles, and exemption. We will address these issues Fisker stated that it subcontracted the providing additional employment as necessary in the context of a specific advanced air bag system development to opportunities. We believe that all three petition or contemplated manufacturer experienced outside companies, and of these public interest considerations relationship that is brought before us. that the air bag development costs would be served by granting Fisker’s represent a very significant expenditure petition. b. Economic Hardship to the company. It provided information We note that on April 23, 2010, the As noted earlier, Fisker stated that it to show that its costs total $7,714,857. Department of Energy (DOE) issued a subcontracted the advanced air bag Fisker stated that without a temporary press release announcing the closing of system development to experienced exemption, which would enable the a $529 million loan to Fisker for the outside companies, and that the air bag company to generate funds through the development and production of two development costs represent a very sale of vehicles, it may not be able to lines of plug-in hybrid electric vehicles significant expenditure to the company. sustain the air bag and vehicle (PHEV). DOE stated that ‘‘the loan will It provided information to show that its development programs, causing support the Karma, a full-size, four-door costs total $7,714,857. Fisker stated that substantial financial economic hardship sports sedan, and a line of family without a temporary exemption, which to the company. oriented models being developed under would enable the company to generate After reviewing Fisker’s petition, we the company’s Project NINA program.’’ funds through the sale of vehicles, it believe that company has made good DOE stated that Fisker expects to may not be able to sustain the air bag faith efforts to comply with the manufacture the Karma and Project and vehicle development programs, advanced air bag requirements. Fisker is NINA lines at a recently shuttered causing substantial financial economic a new company, and the Karma is a General Motors (GM) factory in hardship to the company. completely new passenger car model. Wilmington, Delaware, and that the While the company is designing and company anticipates that it will employ Fisker estimated that if the exemption developing the Karma to comply with 2,000 American assembly workers. is approved, it would have net income all of the FMVSSs, it is requesting a one- Industry experts expect that domestic (loss) of $ (21,724,141) in 2011 and net year exemption from the advanced air parts suppliers and service providers income of $ 188,768,234 in 2012. The bag requirements to enable it to begin also will increase employment petitioner estimated that without the manufacturing and selling vehicles substantially. exemption, it would have net income while it completes the design and According to the DOE press release: (loss) of $ (50,592,209) in 2011 and net development programs necessary to • Fisker’s plug-in hybrid products income (loss) of $ (132,268,961) in 2012. meet the advanced air bag requirements. will be among the first to market and After reviewing the financial and We note that Fisker has contracts in will help to accelerate the introduction other information provided by Fisker, place for this development. of fuel-saving electrified vehicles in the we believe that company has shown We also note that Fisker has made U.S. substantial economic hardship. Without significant financial investments in the • Initially, Fisker will use the the exemption, Fisker will not be able Karma, including the occupant proceeds of the loan for qualifying to begin manufacturing and selling the protection system. Fisker stated if the engineering integration costs as it works Karma during the one-year period it exemption petition is approved, the with primarily U.S. suppliers to needs to complete the design and Karma models sold under the incorporate components into the development programs necessary to exemption will be compliant with all Karma’s design. The engineering meet the advanced air bag requirements. FMVSSs with the exception of the integration work will be conducted in Moreover, the company does not have advanced air bag provisions. The coupe Irvine, California, where engineers will any other models to sell. Considering version will be equipped with eight design tools and equipment and develop the overall circumstances of the functional air bags (front, side, knee and manufacturing processes. The Karma is company, the financial impacts would curtain air bags). The convertible scheduled to appear in showrooms in represent substantial economic version will be equipped with six late 2010. The second stage will involve hardship. functional air bags (front, side and knee the purchase and retooling of the former c. Good Faith Efforts To Comply air bags). Both versions will include seat GM plant to manufacture the Project belts with pretensioners and load NINA line of PHEVs, which is expected As noted earlier, the petitioner stated limiters. According to the petitioner, to begin rolling off the assembly line in that the Fisker Karma is a completely both models with be compliant with the late 2012. new passenger car model. Design and 50th percentile male unbelted test • Fisker automobiles are driven by development of the Karma began in late requirements contained in S13 of electric motors that get their power from 2007. The Karma is being designed and FMVSS No. 208. a rechargeable Lithium-ion battery, or, developed to meet all applicable In sum, we believe that considering when that is depleted, by a generator FMVSSs and European Economic Fisker’s overall situation, the efforts that driven by an efficient gas-powered Community (EEC) regulations, including company has made to date, the plans it engine. The Karma and Project NINA the installation of eight air bags on the has in place, and the fact that it intends models will have an all-electric, coupe version and six air bags on the to fully comply with the advanced air tailpipe-emission-free range of 40 to 50 convertible version. Fisker stated the air bag requirements within one year, miles on a full charge, more than most bag system is being developed through Fisker has made good faith efforts to Americans drive each day. The battery cooperation with Takata, Tass, and comply with those requirements. can be charged at home overnight. Using Bosch, which have been granted gas and electric power, Fisker plug-in contracts to complete the development d. Public Interest Considerations hybrids are expected to have a cruising of the air bag systems. The petitioner NHTSA has traditionally found that range of up to 300 miles. stated that these companies were the public interest is served by affording While some of the items discussed in retained in 2008/2009 and are consumers a wider variety of motor the DOE press release are longer-term, continuing the efforts to develop an air vehicles, by encouraging the the granting of Fisker’s petition will

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enable it to begin the manufacture and pursuant to NHTSA Exemption No. The exemption is for the Karma and sale of the Karma earlier than it could lllll.’’ This label notifies shall remain in effect for one year as otherwise. This will provide additional prospective purchasers about the indicated in the DATES section of this consumer choice in selecting a motor exemption and its subject. Under document. vehicle, encourage the development of § 555.9(c), this information must also be (49 U.S.C. 30113; delegations of authority fuel-efficient and alternative-energy included on the vehicle’s certification at 49 CFR 1.50. and 501.8) vehicles, and provide additional label. Issued on: September 15, 2010. employment opportunities. It will also The text of § 555.9 does not expressly enable Fisker to generate funds through indicate how the required statement on David L. Strickland, the sale of vehicles, which will help it the two labels should read in situations Administrator. sustain vehicle development plans, where an exemption covers part but not [FR Doc. 2010–23472 Filed 9–20–10; 8:45 am] including meeting the advanced air bag all of a FMVSS. In this case, we believe BILLING CODE 4910–59–P requirements. that a statement that the vehicle has We have also considered safety issues been exempted from Standard No. 208 related to the exemption requested by generally, without an indication that the DEPARTMENT OF TRANSPORTATION Fisker. With respect to transporting exemption is limited to the specified children, Fisker noted that the Karma is advanced air bag provisions, could be Surface Transportation Board equipped with two rear seats. Each rear misleading. A consumer might [STB Docket No. CU 159] seat is equipped with a child seat incorrectly believe that the vehicle has LATCH system.7 Fisker stated that child been exempted from all of Standard No. Indexing the Annual Operating seats may be safely placed in these rear 208’s requirements. Moreover, we Revenues of Railroads seat positions. The Karma will also have believe that the addition of a reference The Surface Transportation Board ‘‘ to such provisions by number without the permanently affixed sun visor air (STB) is publishing the annual inflation- bag warning label’’ and a removable an indication of its subject matter would adjusted index factors for 2009. These ‘‘warning label on the dashboard’’ that be of little use to consumers, since they factors are used by the railroads to NHTSA developed/requires for vehicles would not know the subject of those adjust their gross annual operating without advanced air bags. Thus, specific provisions. For these reasons, revenues for classification purposes. parents and others will be able to we believe the two labels should read in This indexing methodology insures that transport children in the rear seats of relevant part, ‘‘except for S14 (apart railroads are classified based on real the Karma without exposing them to the from S14.5.1(b)), S15, S17, S19, S21, business expansion and not from the risks of air bags, and the vehicles will S23, and S25 (Advanced Air Bag affects of inflation. Classification is have warning labels concerning the Requirements) of Standard No. 208, important because it determines the risks of air bags. This helps minimize Occupant Crash Protection, exempted extent to which individual railroads any safety disbenefits of the vehicle not pursuant to * * *.’’ We note that the must comply with STB reporting meeting requirements for advanced air phrase ‘‘Advanced Air Bag Requirements’’ is an abbreviated form of requirements. bags. The STB’s annual inflation-adjusted We also note again that the coupe the title of S14 of Standard No. 208. We factors are based on the annual average version of the Karma will be equipped believe it is reasonable to interpret Railroad’s Freight Price Index which is with eight functional air bags (front, § 555.9 as requiring this language. developed by the Bureau of Labor side, knee and curtain air bags). The e. Decision Statistics (BLS). The STB’s deflator convertible version will be equipped factor is used to deflate revenues for with six functional air bags (front, side In consideration of the foregoing, we comparison with established revenue and knee air bags). Both versions will conclude that compliance with the thresholds. include seat belts with pretensioners advanced air bag requirements of FMVSS No. 208, Occupant Crash The base year for railroads is 1991. and load limiters. The inflation index factors are presented Given the relatively small number of Protection, would cause substantial as follows: vehicles that will be produced during economic hardship to a manufacturer the one-year exemption and the above that has tried in good faith to comply STB RAILROAD INFLATION-ADJUSTED discussion, we believe that the with the standard. We further conclude INDEX AND DEFLATOR FACTOR TABLE requested exemption would have a that granting of an exemption would be in the public interest and consistent negligible effect on motor vehicle safety. Year Index Deflator We note that, as explained below, with the objectives of traffic safety. In accordance with 49 U.S.C. prospective purchasers will be notified 1991 ...... 409.50 1100.00 that the vehicle is exempted from the 30113(b)(3)(B)(i), Fisker is granted 1992 ...... 411.80 99.45 specified advanced air bag requirements NHTSA Temporary Exemption No. EX 1993 ...... 415.50 98.55 of Standard No. 208. Under § 555.9(b), 10–01, from S14 (apart from S14.5.1(b)), 1994 ...... 418.80 97.70 a manufacturer of an exempted S15, S17, S19, S21, S23, and S25 of 1995 ...... 418.17 97.85 passenger car must affix securely to the FMVSS No. 208. In addition to 1996 ...... 417.46 98.02 windshield or side window of each certifying compliance with the belted 1997 ...... 419.67 97.50 50th percentile adult male dummy 1998 ...... 424.54 96.38 exempted vehicle a label containing a 1999 ...... 423.01 96.72 statement that the vehicle conforms to barrier impact requirements in S14.5.1(b), Fisker must certify to the all applicable FMVSSs in effect on the 1 Montana Rail Link, Inc., and Wisconsin Central date of manufacture ‘‘except for unbelted 50th percentile adult male Ltd., Joint Petition For Rulemaking With Respect To Standard Nos. [listing the standards by dummy barrier impact test requirement 49 CFR Part 1201, 8 I.C.C. 2d 625 (1992) raised the number and title for which an that applied prior to September 1, 2006 revenue classification level for Class I railroads (S5.1.2(a)). For purposes of this from $50 million (1978 dollars) to $250 million exemption has been granted] exempted (1991 dollars), effective for the reporting year exemption, the unbelted sled test in S13 beginning January 1, 1992. The Class II threshold 7 Lower Anchors and Tethers for Children is an acceptable option for that was also raised from $10 million (1978 dollars) to (LATCH) Restraint System. requirement. $20 million (1991 dollars).

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STB RAILROAD INFLATION-ADJUSTED STB RAILROAD INFLATION-ADJUSTED FOR FURTHER INFORMATION CONTACT: INDEX AND DEFLATOR FACTOR INDEX AND DEFLATOR FACTOR Scott Decker 202–245–0330. Federal TABLE—Continued TABLE—Continued Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. Year Index Deflator Year Index Deflator By the Board, William F. Huneke, Director, Office of Economics. 2000 ...... 428.64 95.45 2006 ...... 567.34 72.09 2001 ...... 436.48 93.73 2007 ...... 588.27 69.52 Jeffrey Herzig, 2002 ...... 445.03 91.92 2008 ...... 656.78 62.28 Clearance Clerk. 2009 ...... 619.73 66.00 2003 ...... 454.33 90.03 [FR Doc. 2010–23463 Filed 9–20–10; 8:45 am] 2004 ...... 473.41 86.40 BILLING CODE 4915–01–P 2005 ...... 522.41 78.29 DATES: Effective Date: January 1, 2009.

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Part II

Department of Energy 10 CFR Part 430 Energy Conservation Program for Consumer Products: Test Procedure for Residential Clothes Washers; Proposed Rule

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DEPARTMENT OF ENERGY Comments may be submitted using any 0121. Telephone: (202) 586–2945. of the following methods: E-mail: [email protected]. 10 CFR Part 430 1. Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION: [Docket No. EERE–2010–BT–TP–0021] www.regulations.gov. Follow the instructions for submitting comments. Table of Contents RIN 1904–AC08 2. E-mail: RES-CW-2010-TP- I. Background and Legal Authority [email protected]. Include docket II. Summary of the Proposal Energy Conservation Program for number EERE–2010–BT–TP–0021 and/ III. Discussion Consumer Products: Test Procedure or RIN 1904–AC08 in the subject line of A. Products Covered by This Test for Residential Clothes Washers Procedure Change the message. B. Compliance Date of Proposed Test AGENCY: Office of Energy Efficiency and 3. Mail: Ms. Brenda Edwards, U.S. Procedure Renewable Energy, Department of Department of Energy, Building C. Standby Mode, Off Mode, and Energy. Technologies Program, Mailstop EE–2J, Additional Active Mode Test Procedures ACTION: Notice of proposed rulemaking 1000 Independence Avenue, SW., 1. Incorporating by Reference IEC Standard 62301 for Measuring Standby Mode and (NOPR) and public meeting. Washington, DC 20585–0121. Please submit one signed original paper copy. Off Mode Power Consumption SUMMARY: The U.S. Department of 4. Hand Delivery/Courier: Ms. Brenda 2. Determination of Modes To Be Incorporated Energy (DOE) proposes amending its Edwards, U.S. Department of Energy, 3. Adding Specifications for the Test test procedure for residential clothes Building Technologies Program, 6th Methods and Measurements for Standby washers under the Energy Policy and Floor, 950 L’Enfant Plaza, SW., Mode, Off Mode, and Additional Active Conservation Act to provide for Washington, DC 20024. Telephone: Mode Testing measuring standby mode and off mode (202) 586–2945. Please submit one 4. Calculation of Energy Use Associated energy consumption, and to update the signed original paper copy. With Each Operating Mode active mode test procedure. DOE is also For detailed instructions on 5. Measures of Energy Consumption proposing to eliminate an obsolete submitting comments and additional D. Clothes Washer Active Mode Test Procedure clothes washer test procedure currently information on the rulemaking process, 1. Technologies Not Covered by the codified in the Code of Federal see Section V, ‘‘Public Participation,’’ of Current Clothes Washer Test Procedure Regulations, and is announcing a public this document. a. Steam Wash Cycles meeting to discuss and receive Docket: For access to the docket to b. Self-Clean Cycles comments on the issues presented in read background documents or c. Adaptive Control Technologies this NOPR. comments received, visit the U.S. d. Demand Response Technology 2. Changes to Reflect Current Usage DATES: DOE will hold a public meeting Department of Energy, Resource Room of the Building Technologies Program, Patterns and Capabilities on Thursday, October 28, 2010, from 9 a. Representative Annual Cycles a.m. to 4 p.m., in Washington, DC. DOE 6th Floor, 950 L’Enfant Plaza, SW., b. Test Load Size Specifications must receive requests to speak at the Washington, DC 20024, (202) 586–2945, c. Use Factors public meeting before 4 p.m., Thursday, between 9 a.m. and 4 p.m., Monday 3. Test Cloth October 14, 2010. DOE must receive a through Friday, except Federal holidays. 4. Other Revisions and Clarifications signed original and an electronic copy Please call Ms. Brenda Edwards at the a. Clothes Washer Capacity Measurement of statements to be given at the public above telephone number for additional Method meeting before 4 p.m., Thursday, information about visiting the Resource b. New Measure of Water Consumption Room. c. Energy Test Cycle October 21, 2010. d. Detergent Specifications for Test Cloth DOE will accept comments, data, and Preconditioning information regarding the NOPR before FOR FURTHER INFORMATION CONTACT: e. Clothes Washer for Test Cloth and after the public meeting, but no Mr. Stephen L. Witkowski, U.S. Preconditioning later than December 6, 2010. For details, Department of Energy, Office of f. Water Supply Pressure see section V, ‘‘Public Participation,’’ of Energy Efficiency and Renewable g. Additional Revisions and Clarifications this NOPR. Energy, Building Technologies 5. Test Procedure Performance Specifications ADDRESSES: The public meeting will be Program, EE–2J, 1000 Independence E. Compliance With Other EPCA held at the U.S. Department of Energy, Avenue, SW., Washington, DC 20585– Requirements Forrestal Building, Room 1E–245, 1000 0121. Telephone: (202) 586–7463. 1. Test Burden Independence Avenue, SW., E-mail: mailto:Stephen.Witkowski 2. Integration of Standby Mode and Off Washington, DC 20585–0121. To attend @ee.doe.gov. Mode Energy Consumption Into the the public meeting, please notify Ms. Ms. Jennifer Tiedeman, U.S. Department Efficiency Metrics Brenda Edwards at (202) 586–2945. of Energy, Office of the General 3. Commercial Clothes Washers Please note that foreign nationals Counsel, GC–71, 1000 Independence F. Impact of the Proposed Amendments on EnergyGuide and ENERGY STAR visiting DOE Headquarters are subject to Avenue, SW., Washington, DC 20585– G. Elimination of the Obsolete Clothes advance security screening procedures. 0121. Telephone: (202) 287–6111. Washer Test Procedure Any foreign national wishing to E-mail: mailto:Jennifer.Tiedeman IV. Procedural Requirements participate in the meeting should advise @hq.doe.gov. A. Review Under Executive Order 12866 DOE as soon as possible by contacting For information on how to submit or B. Review Under the Regulatory Flexibility Ms. Edwards to initiate the necessary review public comments and on how Act procedures. to participate in the public meeting, C. Review Under the Paperwork Reduction Any comments submitted must contact Ms. Brenda Edwards, U.S. Act of 1995 D. Review Under the National identify the NOPR on Test Procedures Department of Energy, Office of Environmental Policy Act of 1969 for Residential Clothes Washers, and Energy Efficiency and Renewable E. Review Under Executive Order 13132 provide the docket number EERE–2010– Energy, Building Technologies F. Review Under Executive Order 12988 BT–TP–0021 and/or regulatory Program, EE–2J, 1000 Independence G. Review Under the Unfunded Mandates information number (RIN) 1904–AC08. Avenue, SW., Washington, DC 20585– Reform Act of 1995

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H. Review Under the Treasury and General products comply with EPCA standards. consumption when using the methods Government Appropriations Act, 1999 Section 323 of EPCA (42 U.S.C. 6293) specified in appendix J. 62 FR 45508 I. Review Under Executive Order 12630 sets forth criteria and procedures for (Aug. 27, 1997). DOE added appendix J. Review Under the Treasury and General DOE’s adoption and amendment of such J1, rather than amending appendix J, to Government Appropriations Act, 2001 K. Review Under Executive Order 13211 test procedures. EPCA provides that accommodate continued use of L. Review Under Section 32 of the Federal ‘‘[a]ny test procedures prescribed or appendix J until DOE amended the Energy Administration (FEA) Act of 1974 amended under this section shall be residential clothes washer conservation V. Public Participation reasonably designed to produce test standards to reference the new appendix A. Attendance at Public Meeting results which measure energy J1. On January 12, 2001, DOE published B. Procedure for Submitting Requests to efficiency, energy use * * * or a final rule (hereinafter referred to as the Speak estimated annual operating cost of a January 2001 final rule), to amend the C. Conduct of Public Meeting covered product during a representative energy conservation standards for D. Submission of Comments average use cycle or period of use, as residential clothes washers to reference E. Issues on Which DOE Seeks Comment 1. Incorporation of IEC Standard 62301 determined by the Secretary [of Energy], the efficiency metrics as defined in 2. Clothes Washer Modes and shall not be unduly burdensome to appendix J1. 66 FR 3314. Use of the 3. Default Settings conduct.’’ (42 U.S.C. 6293(b)(3)) In amended J1 test procedure was required 4. Delay Start Mode addition, if DOE determines that a test to demonstrate compliance with these 5. Test Room Ambient Temperature procedure amendment is warranted, it amended energy conservation standards 6. Energy Use Calculation must publish proposed test procedures as of January 1, 2004. Since 1997, DOE 7. New Integrated Measures of Energy and offer the public an opportunity to has amended the test procedure in Consumption and Energy Efficiency present oral and written comments on appendix J1 three times, twice 8. Annual Energy Cost Calculation them. (42 U.S.C. 6293(b)(2)) substantively to address test cloth 9. Steam Wash Cycles Finally, in any rulemaking to amend 10. Self-Clean Cycles correlation procedures, and once to 11. Adaptive Control and Demand a test procedure, DOE must determine correct the introductory note. 63 FR Response Technologies ‘‘to what extent, if any, the proposed test 16669 (Apr. 6, 1998); 66 FR 3330 (Jan. 12. Representative Number of Annual procedure would alter the measured 12, 2001); 68 FR 62204 (Oct. 31, 2003). Cycles energy efficiency * * * of any covered One of these amendments also included 13. Test Load Size Specifications product as determined under the an amendment to Appendix J. 66 FR 14. Use Factors existing test procedure.’’ (42 U.S.C. 3330 (Jan. 12, 2001). Because appendix 15. Test Cloth 6293(e)(1)) If DOE determines that the J applies only to clothes washers 16. Capacity Measurement Method amended test procedure would alter the manufactured before January 1, 2004, 17. New Integrated Measure of Water measured efficiency of a covered Consumption however, appendix J is now obsolete. 10 18. Energy Test Cycle Definition product, DOE must amend the CFR 430 appendix J1. 19. Detergent Specifications applicable energy conservation standard The current applicable test procedure 20. Clothes Washer for Preconditioning accordingly. In determining the includes provisions for determining the 21. Water Supply Pressure amended energy conservation standard, modified energy factor (MEF) for clothes 22. Impact on Commercial Clothes Washers the Secretary shall measure, pursuant to washers, which is a function of the total VI. Approval of the Office of the Secretary the amended test procedure, the energy energy used for each cubic foot (ft3) of I. Background and Legal Authority efficiency, energy use, or water use of a clothes washer capacity. The test representative sample of covered procedure measures the total energy Title III of the Energy Policy and products that minimally comply with consumption of the clothes washer. It Conservation Act (42 U.S.C. 6291 et the existing standard. The average of also accounts for the amount of energy seq.) (EPCA or the Act) sets forth a such energy efficiency, energy use, or required to heat the water and variety of provisions designed to water use levels determined under the subsequently dry the load based on the improve energy efficiency. Part A of amended test procedure shall constitute remaining moisture content (RMC) of Title III (42 U.S.C. 6291–6309) the amended energy conservation the clothes at the completion of the establishes the ‘‘Energy Conservation standard for the applicable covered machine’s full cycle. The test procedure Program for Consumer Products Other products. (42 U.S.C. 6293(e)(2)) EPCA does not currently address energy use in Than Automobiles,’’ which covers also states that ‘‘models of covered the standby or off modes. consumer products and certain products in use before the date on Clothes washer energy conservation commercial products (all of which are which the amended energy conservation standards were originally established by referred to below as ‘‘covered standard becomes effective (or revisions the National Appliance Energy products’’). These include residential of such models that come into use after Conservation Act of 1987, which clothes washers, the subject of today’s such date and have the same energy amended EPCA to prescribe that clothes notice. (42 U.S.C. 6292(a)(7)) efficiency, energy use, or water use washers manufactured on or after Under the Act, this program consists characteristics) that comply with the January 1, 1988, have an unheated rinse essentially of three parts: (1) Testing, (2) energy conservation standard applicable option. (42 U.S.C. 6295 (g)) The labeling, and (3) Federal energy to such covered products on the day amendments to EPCA also required DOE conservation standards. The testing before such date shall be deemed to to conduct a rulemaking by January 1, requirements consist of test procedures comply with the amended energy 1990, to determine if the above that, pursuant to EPCA, manufacturers conservation standard.’’ (42 U.S.C. mentioned standards should be of covered products must use as the 6293(e)(2)) amended. A final rule was issued on basis for certifying to DOE that their The DOE test procedure for clothes May 14, 1991, (hereinafter referred to as products comply with the applicable washers currently being manufactured the May 1991 final rule) establishing the energy conservation standards adopted is found at 10 CFR part 430, subpart B, first set of performance standards for under EPCA and for representations appendix J1. DOE adopted appendix J1 residential clothes washers. Compliance about the efficiency of those products. in 1997 to correct for changes in with these standards was required for DOE also must use these test consumer habits that resulted in an products manufactured on or after May requirements to determine whether the overstatement of average annual energy 14, 1994. 56 FR 22279. EPCA also

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required DOE to conduct a subsequent procedure amendments for clothes mode, to: (1) Adopt technical changes rulemaking no later than 5 years after washers, DOE initially determined that and procedures for accurately the date of publication of the previous it would consider a revised IEC measuring the energy consumption of final rule to determine whether to Standard 62301 expected to be released clothes washers with technologies not amend those standards. A final rule in July 2009. DOE subsequently found covered by the current procedure; establishing revised standards for that this revision is expected to be (2) more accurately reflect current residential clothes washers was delayed until late-2010, so DOE consumer behavior and clothes washer published in the January 2001 final rule. determined it appropriate to proceed capabilities; (3) address issues related to 66 FR 3313. The January 2001 final rule with an amended test procedure based the test cloth, detergent, and certain test required all new residential clothes on the current version of IEC Standard equipment; (4) revise and clarify the washers manufactured after January 1, 62301, First Edition 2005–06. DOE is existing methods and calculations; and 2007 to be 35 percent more efficient also considering a draft version of IEC (5) delete obsolete appendix J to subpart than clothes washers minimally Standard 62301, Final Draft B of CFR part 430 and references compliant with the efficiency standards International Standard (IEC Standard thereto. The following paragraphs established in the May 1991 final rule. 62301 FDIS), for updated mode summarize these proposed changes. The Energy Independence and definitions, which are expected to be To integrate measures of standby Security Act of 2007 (EISA 2007), Public included in the final revised IEC mode and off mode power consumption Law 110–140, amended EPCA and, in Standard 62301, Second Edition. into the test procedure, DOE proposes to relevant part, revised the energy On August 28, 2009, DOE published incorporate by reference into the clothes conservation standards for residential a notice in the Federal Register washer test procedure specific clothes washers. The revised standards announcing the availability of a provisions from IEC Standard 62301 established a maximum water framework document to initiate a regarding test conditions and test consumption factor (WF) of 9.5, rulemaking to consider amended energy procedures for measuring standby mode effective January 1, 2011. EISA 2007 conservation standards for residential and off mode power consumption. DOE further required that DOE publish a clothes washers (hereafter the August also proposes to incorporate into the test final rule no later than December 31, 2009 framework document). 74 FR procedure the definitions of ‘‘active 2011 determining whether to amend the 44306. In the August 2009 framework mode,’’ ‘‘standby mode,’’ and ‘‘off mode’’ standards in effect for clothes washers document, DOE requested comments on that are based on the definitions manufactured on or after January 1, the merits of revising the clothes washer provided in IEC Standard 62301 FDIS. 2015. (42 U.S.C. 6295(g)(9)) test procedure, and sought input Further, DOE proposes to include in the Consequently, DOE is conducting a regarding how the test procedure could test procedure additional language that would clarify the application of clauses separate standards rulemaking for these be improved. DOE held a public from IEC Standard 62301 for measuring products. meeting on September 21, 2009 standby mode and off mode power The EISA 2007 amendments to EPCA (September 2009 public meeting). In consumption.3 In addition, DOE also direct DOE to amend its test addition, DOE requested written comments, data, and information on the proposes to incorporate energy procedures to integrate measures of consumption associated with delay start standby mode and off mode energy August 2009 framework document, which it accepted through September and cycle finished modes. Although consumption into the overall energy these modes would be considered part efficiency, energy consumption, or other 28, 2009. DOE received comments in response of active mode, the measurements and energy descriptor for each covered to the August 2009 framework calculations proposed for them are product unless the current test document stating that it should consider similar to those proposed for standby procedure already fully accounts for and changes to the active mode test and off modes. DOE also proposes to: incorporates standby and off mode procedure. As a result, in addition to (1) Establish a new measure of energy energy consumption or such integration amending its test procedure for clothes use to calculate the per-cycle standby is technically infeasible. If an integrated washers to include measures for standby mode, off mode, delay start mode, and test procedure is technically infeasible, and off mode power consumption, DOE cycle finished mode energy DOE must prescribe a separate standby proposes to address issues regarding the consumption; and (2) adopt a new mode and off mode energy use test active mode provisions of the test measure of energy efficiency (integrated procedure for the covered product, if procedure. modified energy factor (IMEF)) that technically feasible. (42 U.S.C. includes the energy used in the active, 6295(gg)(2)(A)) II. Summary of the Proposal standby, and off modes. As indicated Any such amendment must consider In today’s NOPR, DOE proposes above, DOE energy conservation the most current versions of the amending the test procedure for clothes standards currently do not address the International Electrotechnical washers to assist DOE in the concurrent energy use of clothes washers in the Commission (IEC) Standard 62301, development and implementation of standby or off modes. Section ‘‘Household electrical appliances— standards that address use of standby 325(gg)(2)(C) of EPCA provides that measurement of standby power,’’ First mode and off mode power by these amendments to the test procedures to Edition 2005–06, and IEC Standard products. Specifically, DOE proposes to include standby and off mode energy 62087, ‘‘Methods of measurement for the integrate measures of standby mode and power consumption of audio, video, and off mode power consumption, as well as 3 EISA 2007 directs DOE to also consider IEC related equipment,’’ Second Edition, measures of power consumption in Standard 62087 when amending its test procedure 2008–09.12 In developing these test to include standby mode and off mode energy certain additional modes determined to consumption. See 42 U.S.C. 6295(gg)(2)(A). DOE be part of active mode, into the test considered IEC Standard 62087 and concluded that 1 IEC standards are available online at http:// procedure. DOE also proposes, for the because IEC Standard 62087 addresses the methods www.iec.ch. of measuring the power consumption of audio, 2 Multiple editions of this standard are referenced measurement of energy use in active video, and related equipment, the narrow scope of in this notice. Unless otherwise indicated, the terms this particular IEC Standard reduces its relevance ‘‘IEC Standard 62301’’ or ‘‘IEC Standard 62301 First measurement of standby power,’’ First Edition to today’s proposal. Further details are provided Edition’’ refer to ‘‘Household electrical appliances– 2005–06. later in this notice.

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consumption will not be used to the detergent and preconditioning manufactured before January 1, 2004, determine compliance with previously clothes washer specifications due to and is now obsolete. Appendix J1 would established standards. (42 U.S.C. obsolescence or anticipated retain its current designation and not be 6295(gg)(2(C)). obsolescence of the existing test re-designated as Appendix J. For the measurement of active mode materials and equipment specified in III. Discussion energy use other than in delay start and the test procedure. These proposed cycle finished modes, DOE proposes to: amendments are based on multiple A. Products Covered by This Test (1) Update the test procedure to comments received in response to the Procedure Change address technologies not covered by the August 2009 framework document and Today’s proposed amendments to the current procedure, based upon at the September 2009 public meeting DOE test procedure cover residential comments from interested parties in regarding the test cloth used in the clothes washers, which DOE’s response to the August 2009 framework current test procedure. document and further review by DOE. (4) Update the test procedure to regulations define as follows: These technologies include steam wash clarify or revise the existing methods Clothes washer means a consumer and self-cleaning cycles. Steam wash and calculations for measuring clothes product designed to clean clothes, cycles inject steam into the wash basket, container capacity, calculating water utilizing a water solution of soap and/ and claim to offer more effective consumption factor, determining the or detergent and mechanical agitation or cleaning. Self-clean cycles enable energy test cycle, and setting the supply other movement, and must be one of the consumers to intermittently, typically water test conditions. The current following classes: automatic clothes once per month, run a self-clean cycle capacity measurement provisions can be washers, semi-automatic clothes to prevent odor, bacteria, and mildew interpreted in multiple ways. Different washers, and other clothes washers. from building up in the clothes washer. allowable interpretations of the Automatic clothes washer means a DOE proposes to amend the test maximum water fill level used for the class of clothes washer which has a procedure to measure energy use in measurement can produce inconsistent control system which is capable of steam and self-clean cycles. DOE also results that may not accurately reflect scheduling a preselected combination of received comments regarding demand the actual usable volume of a clothes operations, such as regulation of water response technologies, and investigated washer. The proposed revisions revise temperature, regulation of the water fill adaptive controls other than adaptive the capacity measurement specifications level, and performance of wash, rinse, fill control. Demand response features so that interpretations are more likely to drain, and spin functions without the enable an appliance to shift its activity be uniform, repeatable, and need for user intervention subsequent to based on interaction with the electric representative, thereby ensuring the the initiation of machine operation. grid, utilities, or user programming. data is reported consistently. DOE Some models may require user Adaptive controls enable a clothes proposes to adopt a new measure of intervention to initiate these different washer to adjust parameters such as water consumption, integrated water segments of the cycle after the machine agitation speed, number of rinses, wash consumption factor (IWF) that would has begun operation, but they do not time, and wash and rinse temperatures include water used in self-clean cycles. require the user to intervene to regulate based on the size, fabric mix, and soil The IWF would also include water the water temperature by adjusting the level of a wash load. However, for consumption from all energy test cycles, external water faucet valves. reasons discussed in sections III.D.1.c rather than only from the cold wash/ Semi-automatic clothes washer means and III.D.1.d, DOE is not proposing to cold rinse cycle as the test procedure a class of clothes washer that is the update the test procedure to include currently requires. DOE also proposes to same as an automatic clothes washer provisions for measuring the energy clarify the energy test cycle definition except that user intervention is required consumption of clothes washers offering and the supply water test conditions to regulate the water temperature by demand response technologies or specification. adjusting the external water faucet adaptive controls other than adaptive DOE has also investigated how each valves. fill control. of the proposed amendments to the Other clothes washer means a class of (2) Amend the test procedure for active mode provisions for clothes clothes washer which is not an clothes washers to reflect current usage washers, discussed above would affect automatic or semi-automatic clothes patterns and capabilities. DOE received the measured efficiency of products. See washer. 10 CFR 430.2. multiple comments on this issue in section III.D for further details. Because DOE is not proposing any response to the August 2009 framework of the potential for significant impacts amendments to these definitions in document, and reviewed current to the measured efficiency of products, today’s NOPR. The clothes washers consumer data from surveys conducted DOE proposes to codify the amended covered by these definitions, and by in 2004 and 2005 to determine whether clothes washer test procedure as today’s proposed amendments, include such updates are appropriate. The appendix J2 in 10 CFR part 430 subpart top-loading compact (less than 1.6 ft3 proposed amendments address the B. Manufacturers would not be required capacity); top-loading standard size (1.6 following specific issues: Representative to use appendix J2 to demonstrate ft3 or greater capacity); top-loading, average-use cycles per year for a clothes compliance with clothes washer energy semi-automatic; front-loading; and suds- washer, test load size specifications, and conservation standards until the saving clothes washers. consumer use factors. The proposed compliance date of new standards, B. Compliance Date of Proposed Test amendments are based on recent data which would take into account any test Procedure that more accurately describe current procedure amendments. Until that time, consumer behavior and updated clothes manufacturers would be required to use As stated previously, DOE originally washer capabilities. existing appendix J1. considered reviewing a revised IEC (3) Amend the test procedure to Finally, DOE proposes to delete Standard 62301, expected to be released update the procedure and specifications appendix J to subpart B of CFR part 430, in July 2009, in the development of for determining test cloth correlations, along with all references to appendix J these test procedure amendments. DOE change the tolerances regarding the size in 10 CFR part 430.23. Appendix J only received comments in response to the and weight of the test cloth, and revise applies to clothes washers August 2009 framework document

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jointly from the Appliance Standards C. Standby Mode, Off Mode, and incorporating these specific provisions Awareness Project (ASAP), the Natural Additional Active Mode Test Procedures into the DOE test procedure is appropriate. Resources Defense Council (NRDC) and 1. Incorporating by Reference IEC the National Consumer Law Center Standard 62301 for Measuring Standby 2. Determination of Modes To Be (NCLC) (Joint Comment); and the Mode and Off Mode Power Incorporated Alliance to Save Energy (ASE), stating Consumption EPCA provides the following mode that the IEC 62301 revision process may As required by EPCA, as amended by definitions: take longer than previously thought and EISA 2007, DOE considered the most ‘‘Active mode’’ is defined as the that DOE should proceed with updating current versions of IEC Standard 62301 condition in which an energy-using the clothes washer test procedure. (Joint and IEC Standard 62087 for measuring product is connected to a main power 4 Comment, No. 14 at p. 1 ; ASE, No. 22 power consumption in standby mode source, has been activated, and provides at p. 1) Additionally, Northeast Energy and off mode when developing today’s one or more main functions. (42 U.S.C. Efficiency Partnerships (NEEP) proposed amendments to the clothes 6295(gg)(1)(A)(i)) commented that waiting for the IEC washer test procedure. (42 U.S.C. ‘‘Standby mode’’ is defined as the process to finalize could be detrimental 6295(gg)(2)(A)) DOE noted that IEC condition in which an energy-using to the standards rulemaking, and that Standard 62301 provides for measuring product is connected to a main power DOE should consider quickly revising standby power in electrical appliances, source and offers one or more of the the test procedure independently after including clothes washers, and thus is following user-oriented or protective the IEC procedure is finalized. (NEEP, relevant here. DOE also reviewed IEC functions: to facilitate the activation or No. 20 at p. 1) Standard 62087, which specifies deactivation of other functions (including active mode) by remote DOE agrees that the revision to IEC methods of measuring the power consumption of TV receivers, video switch (including remote control), Standard 62301 is expected to be cassette recorders (VCRs), set top boxes, internal sensor, or timer; or continuous delayed; the revision is currently audio equipment, and multi-function functions, including information or expected in late 2010. Therefore, DOE equipment for consumer use. IEC status displays (including clocks) or proposes basing the amendments to the Standard 62087 does not, however, sensor-based functions. (42 U.S.C. clothes washer test on the first edition include methods for measuring the 6295(gg)(1)(A)(iii)) of IEC Standard 62301, as well as draft power consumption of electrical ‘‘Off mode’’ is defined as the condition versions of the second edition, in the appliances such as clothes washers. in which an energy-using product is issuance of this NOPR. Such action is Therefore, DOE has determined that IEC connected to a main power source and necessary to permit manufacturers to Standard 62087 is inapplicable to this is not providing any standby mode or certify that their products comply with rulemaking, and has not included any of active mode function. (42 U.S.C. any newly established energy its provisions in today’s proposed test 6295(gg)(1)(A)(ii)) conservation standards that take into procedure. During the September 2009 Public account standby and off mode energy DOE proposes to incorporate by Meeting, ASAP commented that the use. reference into this test procedure all definitions provided in IEC Standard applicable provisions from Sections 4 62301 do not conform to the statutory The amended test procedure would and 5 of IEC Standard 62301. definitions provided by EPCA, so ASAP become effective 30 days after the date Specifically, DOE proposes to believed it was not entirely clear that of publication in the Federal Register of incorporate, from section 4, (‘‘General DOE should adopt the IEC definitions the final rule in this test procedure conditions for measurements’’), word-for-word. (ASAP, Public Meeting rulemaking. However, DOE would paragraph 4.2, ‘‘Test room;’’ paragraph Transcript, No. 7 at p. 19) 5 clarify in the published amended test 4.4, ‘‘Supply voltage waveform;’’ DOE notes that the EPCA definition of procedure in 10 CFR part 430 subpart B paragraph 4.5, ‘‘Power measurement standby mode differs from the one appendix J2 that it need not be used to accuracy;’’ and from section 5, provided in IEC Standard 62301, which determine compliance with current (‘‘Measurements’’), paragraph 5.1, defines standby mode as the ‘‘lowest energy conservation standards. Instead, ‘‘General,’’ Note 1; and paragraph 5.3, power consumption mode which cannot manufacturers would be required to ‘‘Procedure.’’ These clauses provide test be switched off (influenced) by the user begin using the test procedures in conditions and test procedures for and that may persist for an indefinite appendix J2 on the compliance date of measuring average standby mode and time when an appliance is connected to any final rule establishing amended average off mode power consumption. the main electricity supply and used in energy conservation standards that With respect to test conditions, section accordance with the manufacturer’s would, in part, address standby and off 4 of IEC Standard 62301 provides instructions.’’ However, DOE expects mode power consumption for these specifications for the test room significant changes to the mode products. 42 U.S.C. 6295(gg)(2)(C). conditions, supply voltage waveform, and power measurement meter 5 A notation in the form ‘‘ASAP, Public Meeting tolerances to ensure repeatable and Transcript, No. 7 at p. 19’’ identifies an oral comment that DOE received during the September precise measurements of standby mode 21, 2009, Framework public meeting, was recorded and off mode power consumption. With in the public meeting transcript in the docket for respect to test procedures, section 5 of the clothes washer energy conservation standards 4 A notation in the form ‘‘Joint Comment, No. 14 IEC Standard 62301 provides methods rulemaking (Docket No. EERE–2008–BT–STD– at p. 1’’ identifies a written comment (1) made by for measuring power consumption when 0019), and is maintained in the Resource Room of ASAP, NRDC, and NCLC jointly; (2) recorded in the Building Technologies Program. This particular the power measurement is stable and notation refers to a comment (1) made by ASAP document number 14 that is filed in the docket of during the public meeting; (2) recorded in the clothes washer energy conservation standards when it is unstable. DOE invites comment on whether IEC document number 7, which is the public meeting rulemaking (Docket No. EERE–2008–BT–STD–0019) transcript that is filed in the docket of the clothes and maintained in the Resource Room of the Standard 62301 measures standby and washer energy conservation standards rulemaking; Building Technologies Program; and (3) which off mode power consumption for clothes and (3) which appears on page 19 of document appears on page 1 of document number 14. washers adequately, and whether number 7.

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definitions included in IEC Standard additional clarification that ‘‘delay start negligible contributor to annual energy 62301, based on review of IEC Standard mode is a one off user initiated short consumption. In addition, DOE research 62301 FDIS. The definitions provided in duration function that is associated with indicates that only eight out of the 94 IEC Standard 62301 FDIS are likely to an active mode.’’ The subsequent IEC residential clothes washer models be included in the final revised IEC Standard 62301 Committee Draft for currently produced by manufacturers Standard 62301, Second Edition. DOE Vote (IEC Standard 62301 CDV) removes representing more than 92 percent of the considered the definitions provided by this clarification; however, in response residential clothes washer market IEC Standard 62301 FDIS as the most to comments on IEC Standard 62301 incorporate such a circulation or current when determining the mode CD2 that led to IEC Standard 62301 tumbling function. Because these definitions proposed to be included in CDV, IEC states that delay start mode is models are also higher priced and the test procedure. a one off function of limited duration. recently introduced, DOE believes that EPCA authorizes DOE to amend mode DOE infers that delay start mode should the shipment-weighted percentage of definitions, as appropriate, considering therefore be considered part of active residential clothes washers with a the most current versions of IEC mode. DOE notes that IEC 62301 FDIS circulation or tumbling function in Standards 62301 and 62087. (42 U.S.C. classifies delay start as a secondary cycle finished mode is less than 5 6295(gg)(1)(B)) DOE recognizes that the function and therefore not part of active percent. Therefore, DOE believes the EPCA definitions for active mode, mode. DOE continues to believe, energy consumed by these features in standby mode, and off mode were however, that because delay start is of cycle finished mode represents a developed to be broadly applicable for limited duration and is uniquely negligible portion of the overall energy many energy-using products. However, associated with the initiation of a main consumption of clothes washers. for specific products with multiple function (i.e., washing cycle), it should iii. Self-Clean Mode functions, these broad definitions could be considered part of active mode. The be interpreted in different ways. For proposed methods for measuring energy DOE proposes to define self-clean these reasons, DOE proposes amending consumption in delay start mode are mode as a clothes washer operating the test procedure to include definitions discussed in III.C.3. mode that: for these modes based on the definitions • Is dedicated to cleaning, provided in IEC Standard 62301 FDIS, ii. Cycle Finished Mode deodorizing, or sanitizing the clothes with added clarifications specific to DOE proposes to define cycle finished washer by eliminating sources of odor, clothes washers. mode as a mode that provides bacteria, mold, and mildew; continuous status display following • Is recommended to be run Active Mode operation in the active washing mode. intermittently by the manufacturer; and DOE proposes to define active mode However, as with delay start mode, • Is separate from clothes washing as a mode in which the clothes washer cycle finished mode is not a mode that cycles. is connected to a mains power source; may persist for an indefinite time, and Self-clean mode is considered a part has been activated; and is performing would therefore not be considered as a of the active mode because it is a one or more of the main functions of part of standby mode. Additionally, function necessary for the main washing, soaking, tumbling, agitating, operation in cycle finished mode occurs functions associated with washing rinsing, and/or removing water from the only after operation in the active clothes. A clothes washer with clothing, or is involved in functions washing mode. DOE believes cycle excessive bacteria, mildew, or odor necessary for these main functions, such finished mode, similar to delay start cannot effectively wash clothes. A as admitting water into the washer or mode, would be considered a one off further discussion of self-clean mode, pumping water out of the washer. DOE short duration function that is including its incorporation in the is proposing to refer to the typical associated with an active mode. DOE is clothes washer test procedure, is clothes washing operation (i.e., a therefore proposing to define cycle included in section III.D.1.b. complete wash cycle intended for finished mode as a part of active mode. Standby Mode washing a clothing load, including The proposed methods for measuring washing, rinsing, and spinning) as the energy consumption in cycle finished DOE proposes to define standby mode active washing mode. DOE is aware of mode are discussed in III.C.3. as any mode in which the clothes three additional relevant modes that it DOE is aware that some clothes washer is connected to a mains power proposes to define as a part of active washers currently available offer energy- source and offers one or more of the mode: delay start mode, cycle finished consuming features in cycle finished following user-oriented or protective mode, and self-clean mode. DOE is mode other than a continuous status functions which may persist for an display. For example, certain models indefinite time: 6 proposing to include these modes in the • measures of clothes washer energy may employ a low-power fan to Facilitation of the activation of consumption, as discussed in section circulate air around the damp clothes to other modes (including activation or III.C.4. prevent odors. These models may also deactivation of active mode) by remote periodically tumble the clothes to i. Delay Start Mode prevent wrinkles for up to 10 hours after 6 The actual language for the standby mode definition in IEC Standard 62301 FDIS describes DOE proposes to define delay start the completion of the wash cycle. These ‘‘* * *user oriented or protective functions which mode as a mode in which activation of functions, while enabled, would use usually persist’’ rather than ‘‘* * * user oriented or the active washing mode is facilitated more energy than the continuous protective functions which may persist for an by a timer. Because delay start mode is display normally associated with cycle indefinite time.’’ DOE notes, however, that section 5.1 of IEC Standard 62301 FDIS states that ‘‘a mode not a mode that may persist for an finished mode. However, DOE does not is considered to be persistent where the power level indefinite time, DOE believes it would propose amending the test procedure to is constant or where there are several power levels not be considered as part of a standby address these specific cycle finished that occur in a regular sequence for an indefinite mode based on the proposed definition mode functions, because DOE believes period of time.’’ DOE believes that the proposed language, which was originally included in IEC discussed below. DOE also notes that measuring the energy use from these Standard 62301 CD2, encompasses the possible IEC Standard 62301 Committee Draft 2 functions would significantly increase scenarios foreseen by section 5.1 of IEC Standard (IEC Standard 62301 CD2) provides the the test cycle duration to capture a 62301 FDIS without unnecessary specificity.

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switch (including remote control), control components would be disconnected mode, and therefore, is internal sensor, or timer; considered as operating in the off mode not proposing a definition or testing • Continuous function: Information when the switch is in the ‘‘off’’ position, methods for such a mode in the DOE or status displays including clocks; and provided that no other standby or active test procedure for clothes washers. • Continuous function: Sensor-based mode functions are energized. An DOE welcomes comment on the functions. energized light-emitting diode (LED) or proposed establishment of the modes as DOE proposes adding a clarification other indicator that only shows the user discussed above, including inactive of what would be considered a timer that the product is in the off position mode as the only standby mode for under this definition of standby mode. would be considered part of off mode clothes washers. DOE also invites DOE would clarify that a timer is a under the proposed definition, again comment on the determination that continuous clock function (which may provided that no other standby or active delay start mode and cycle finished or may not be associated with a display) mode functions are energized. As stated mode would be considered part of that provides regular scheduled tasks above, however, if any energy is active mode. DOE further invites (e.g., switching) and that operates on a consumed by the appliance in the comment on the proposed mode continuous basis. As noted earlier in presence of a one-way remote control, definitions, including the definition of this section, this proposed definition the unit would be operating in standby self-clean mode, and whether there are was developed based on the definition mode under the proposed definition. any modes that have not been identified provided in IEC Standard 62301 FDIS. That definition would include remote in this NOPR that represent significant It expands on the EPCA mode definition controls that facilitate the activation or energy use and are consistent with the to provide additional clarifications as to deactivation of other functions proposed active mode, standby mode, or which functions are associated with (including active mode) as a feature of off mode definitions. standby mode. standby mode. The proposed definition of standby IEC Standard 62301 FDIS also 3. Adding Specifications for the Test mode based on IEC Standard 62301 provides definitions for additional Methods and Measurements for Standby FDIS allows for multiple modes to be modes that DOE determined are not Mode, Off Mode, and Additional Active considered a standby mode. DOE has applicable to the clothes washer test Mode Testing identified only one mode that would be procedure. Section 3.7 of IEC Standard considered a standby mode under the This section discusses the provisions 62301 FDIS defines network mode as a DOE proposes to include in the test proposed definition. DOE proposes to ‘‘ mode category that includes any procedure to clarify the IEC Standard define this ‘‘inactive mode’’ as a standby product modes where the energy using 62301 methods when used to measure mode that facilitates the activation of product is connected to a mains power standby mode and off mode energy use active mode by remote switch source and at least one network function in clothes washers. These proposed (including remote control), internal is activated (such as reactivation via procedures also include provisions for sensor, or timer, or that provides network command or network integrity measuring energy use in delay start continuous status display. DOE communication) but where the primary mode and cycle finished mode. proposes amending the test procedure function is not active.’’ IEC Standard Although these modes are considered a for clothes washers to include 62301 FDIS also provides a note, stating part of active mode under the proposed provisions for measuring energy use in that ‘‘[w]here a network function is definitions, the methods for measuring inactive mode as the measurement of provided but is not active and/or not standby energy use. Although it connected to a network, then this mode their associated energy consumptions identified only this one particular is not applicable. A network function are similar to those used for standby standby mode, DOE remains open to could become active intermittently mode and off mode. consideration of additional standby according to a fixed schedule or in Paragraph 5.3.1 of section 5.3 of IEC modes. response to a network requirement. A Standard 62301 contains provisions for ‘network’ in this context includes measuring power. It specifies, for Off Mode communication between two or more products in which the power is stable As discussed in section III.C.1, DOE separate independently powered (i.e., power varies by not more than 5 proposes in today’s NOPR to amend the devices or products. A network does not percent from a maximum level during a DOE test procedure for clothes washers include one or more controls which are period of 5 minutes), waiting at least 5 to define ‘‘off mode’’ as any mode in dedicated to a single product. Network minutes for the product to stabilize and which the clothes washer is connected mode may include one or more standby then measuring the power at the end of to a mains power source and is not functions.’’ As discussed further in an additional time period of not less providing any standby mode or active section III.D.1.c, DOE is not proposing than 5 minutes. Paragraph 5.3.2 mode function and the mode may any amendments to include provisions contains provisions for measuring persist for an indefinite time. An for testing network mode energy average power in cases where the power indicator that only shows the user that consumption in clothes washers. is not stable (i.e., power varies by more the product is in the off position is DOE also notes that section 3.9 of IEC than 5 percent from a maximum level included within the off mode Standard 62301 FDIS provides a during a period of 5 minutes). In such classification. As noted in section definition of ‘‘disconnected mode’’, cases, IEC Standard 62301 requires a III.C.1, this definition was developed which is ‘‘the state where all measurement period of no less than 5 based on the definitions provided in IEC connections to mains power sources of minutes, or one or more complete Standard 62301 FDIS. It expands on the the energy using product are removed or operating cycles of several minutes or EPCA mode definitions to provide interrupted.’’ IEC Standard 62301 FDIS hours. DOE notes these provisions do additional clarifications as to which also adds a note that common terms not preclude manufacturers from testing functions are associated with off mode. such as ‘‘unplugged’’ or ‘‘cut off from products with a longer stabilization Under the proposed definitions, a mains’’ also describe this mode and that period, or a longer measurement period clothes washer equipped with a this mode is not part of the lower power (if the power varies by not more than 5 mechanical on/off switch that can mode category. DOE believes that there percent or if that period represents one disconnect power to the display and/or would be no energy use in a or more complete cycles).

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Displays on residential clothes time could be inferred to be a proposes to include in its clothes washers may reduce power stabilization period), and data from the washer test procedure a specification for consumption by dimming or turning off remaining two-thirds of the total period the delay start time to be set at 5 hours, after a certain period of user inactivity are used to determine whether the and for power to be monitored for 60 (‘‘automatic power-down’’). For clothes power is stable. If stability is not minutes after waiting at least 5 minutes washers whose power input in standby, achieved, the total period is extended for power input to stabilize. In off, and cycle finished modes varies in continuously until the stability criteria determining the specification for delay this manner during testing, DOE are achieved, to a maximum of 3 hours. start parameters, DOE considered the proposes that the test be conducted after Modes that are known to be non-cyclic possibility that display power input the power level has dropped to its and of varying power consumption shall would depend on the time displayed, lowest level, as discussed in IEC follow this same procedure, but with a which is typically the time in hours Standard 62301, section 5, total test period not less than 60 remaining before the start. Displays may (‘‘Measurements’’), paragraph 5.1, minutes. If power consumption in a be one or two digits. Some two-digit ‘‘General,’’ Note 1. DOE is aware that IEC mode is cyclic, measurements must be displays may show whole numbers for Standard 62301 does not provide conducted with an initial operation remaining delay hours of 10 or more guidance on how long to wait for the period (analogous to a stabilization and both the ones and tenths digits for appliance to drop to the lower-power period) of at least 10 minutes, and the the remaining delay hours of 9.9 or less. state. DOE observed during tests of 17 average power measured over at least DOE analyzed the number of LEDs residential clothes washers that in units four complete cycles. The measurement activated in LED displays of the with an automatic power-down feature period must be at least 20 minutes. DOE remaining hours over a range of delay the higher-power state persists for less believes that the specifications provided times. It concluded that the average than 10 minutes of inactivity after the in IEC Standard 62301 FDIS would not number of LEDs lit for the range of all display has been energized. Thus, the produce power consumption possible delay times would be best energy consumption at the low-power measurements as accurate, repeatable, approximated by determining the level is most representative of standby and enforceable as the specifications average number of LEDs lit for either provided in IEC Standard 62301 CDV. single-digit or two-digit displays in a 60- mode, off mode, and cycle finished Therefore, DOE proposes to require that: minute test if the delay time is set at 5 mode power. However, DOE notes the (1) the product be allowed to stabilize hours. DOE welcomes comment on this test sample of 17 clothes washers was for at least 30 minutes, then (2) the approach to measuring delay start mode. relatively small. It is possible that some power measurement be made for a DOE is also proposing that test room clothes washers may remain in the period not less than 10 minutes for ambient temperatures for standby mode higher-power state for the duration of a inactive, off, and cycle finished modes. and off mode testing, as well as delay 5-minute stabilization period and 5- DOE’s test procedures are developed start mode and cycle finished mode minute measurement period, and then to measure representative energy use for testing, be specified for all clothes drop to the lower-power state that is the typical consumer, and cannot washers according to section 4, more representative of standby mode, capture all possible consumer actions paragraph 4.2 of IEC Standard 62301. off mode, or cycle finished mode. In and appliance usage patterns that might The current DOE test procedure contrast, IEC Standard 62301 CDV increase energy use. For example, includes a test room ambient air specifies for each testing method that certain residential clothes washer temperature specification only for the product be allowed to stabilize for models featuring a display power-down water-heating clothes washers, for at least 30 minutes prior to a may allow consumers to alter the which the requirement is 75 ± 5 degrees measurement period of not less than 10 display settings to increase the amount Fahrenheit (°F). This falls within the minutes. DOE believes this method of time in the high-power state, or to range specified by IEC Standard 62301 would allow sufficient time for displays make the high-power state permanent. of 73.4 ± 9 °F. Today’s proposed test that automatically dim or power down Because DOE does not have information procedure would allow manufacturers after a period of user inactivity to reach regarding the likelihood consumer will of water-heating clothes washers to use the lower-power state prior to alter the default display settings, DOE the more stringent ambient temperature measurement. Based on the automatic has not proposed additional provisions range in the current DOE test procedure power-down time periods observed in in today’s NOPR to address the if tests of active washing mode its own testing, DOE believes that the possibility of increased energy use as a performance and standby, off, delay IEC Standard 62301 CDV 30-minute result of consumers adjusting the start, and cycle finished mode power are stabilization and 10-minute display power-down settings or other conducted simultaneously in the same measurement periods provide a clearer features. DOE welcomes comment on room on multiple clothes washers. and more consistent testing procedure the suitability of using the default Alternatively, the proposed temperature than the corresponding time periods settings in testing standby energy specifications taken from IEC Standard specified in IEC Standard 62301. Those consumption. It also welcomes 62301 would allow a manufacturer that periods allow for representative comment on any methodologies that can opts to conduct standby, off, delay start, measurements to be made among account for consumer actions that might and cycle finished mode testing products that may have varying time increase energy use, and requests data separately from active washing mode periods before the power drops to a on the repeatability of such testing testing more latitude in maintaining lower level more representative of procedures. ambient conditions. DOE requests standby, off, or cycle finished mode. DOE understands that clothes washers comment on the appropriateness of this DOE notes that IEC Standard 62301 with a delay start capability may use proposed modified test room ambient FDIS establishes an overall test period varying amounts of power during delay temperature range. of not less than 15 minutes for products start mode, depending on the delay time in which power consumption in the entered, the amount of remaining delay 4. Calculation of Energy Use Associated mode being tested is not cyclic. Data time displayed, and/or display With Each Operating Mode collected during the first third of the indication of mode status. To ensure To combine active washing mode total period is discarded (and thus this comparable and valid results, DOE energy consumption with energy

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consumption from inactive, off, and magazine ‘‘Consumer Reports’’ 9 that clothes washers with an average age of additional active modes (delay start, determined top-loading clothes washers 9 years. The daily time spent in each cycle finished, and self-clean modes), have ‘‘normal’’ cycle times of 37–55 mode in this study averaged 1 hour for DOE estimated the representative energy minutes, and front-loading washers washing (active washing mode), zero use for each of these modes. The total have ‘‘normal’’ cycle times of 51–105 time for delay start and ‘‘active standby’’ energy consumption in each of these minutes.10 Therefore, DOE proposes to modes, and the remaining time split 20 modes depends on both the power level adopt the estimate of 1 hour per cycle percent for ‘‘end of program’’ mode and of that mode and the time spent in that associated with a residential clothes 80 percent for off mode.11 Self-clean mode. This section discusses the washer’s typical active washing mode mode was not explicitly addressed. The approach DOE proposes for calculating (i.e., a complete wash cycle including active standby mode of the washers in energy use associated with each washing, rinsing, and spinning). DOE is this study is equivalent to the inactive operating mode for clothes washers and proposing a single cycle duration for mode defined in section III.C.2 of this the numbers of hours proposed to be both top-loading and front-loading notice, and the end of program mode is associated with each mode. clothes washers rather than more equivalent to cycle finished mode. Energy use for clothes washers is accurate cycle times specific to each The average age of the clothes expressed in terms of ft 3 of wash load product class to simplify the test washers in the study suggests that many capacity per total energy use per wash procedure and calculations. of them have electromechanical rather cycle.7 As discussed further in section Additionally, proposing cycle times for than electronic controls, and thus would III.E.2, DOE has tentatively determined each product class would have an not likely have been capable of inactive that it is technically feasible to integrate insignificant effect on the calculations mode. Hence, DOE does not infer from measures of standby mode and off mode proposed in the test procedure because those results that more modern clothes energy use into the overall energy use it is used only to allocate the number of washers spend negligible time in metric, as required by the EISA 2007 annual hours associated with inactive/ inactive mode. DOE believes that amendments to EPCA. (42 U.S.C. off mode. For example, using cycle because current clothes washer models 6295(gg)(2)(A)) Therefore, DOE has times of 45 minutes for top-loaders and offer both mechanical and electronic examined standby mode and off mode 75 minutes for front-loaders would controls, the time apportioned to off power consumption in terms of annual change the number of hours allocated to mode in this study would actually be energy use apportioned on a per-cycle inactive/off mode (the only modes split between off mode and inactive basis. DOE has also examined energy affected by the number of active mode mode. Clothes washers with consumption from delay start, cycle hours) by less than 1 percent. electromechanical controllers can have finished, and self-clean modes on a per- In the January 2001 final rule, 66 FR a delayed start feature, although its cycle basis. Energy used during an 3314, DOE estimated the representative implementation appears to be market- active washing mode test cycle is number of annual wash cycles per specific. Markets with a long history of directly measured in the current DOE clothes washer as 392. DOE is proposing residential time-of-day electricity test procedure, and a weighted average to update the number of wash cycles per pricing are more likely to have is calculated under different load sizes, year from 392 to 295 to reflect more appliances with delayed start features fill levels, and wash temperature current consumer behavior, which is than in markets where household conditions according to the specific discussed in detail in section III.D.2.a. electricity prices are constant. The machine’s capacity and features. (See One hour per cycle would result in a clothes washers in the NAEEEC study section 4.1 of appendix J1 of subpart B total of 295 hours per year associated would have been less likely to have a of 10 CFR 430 for details.) The with active mode. DOE is proposing to delay start mode because differential calculation of MEF also includes associate the remaining 8,465 (8,760 power pricing is a relatively recent nominal energy used by a water heater minus 295) hours of the year with all development in the Australian to heat the water supplied to the clothes modes other than the active washing residential power market. Thus, the washer, and by a dryer to remove the mode. findings in the Australian clothes remaining moisture after the clothes DOE is aware of five modes other than washer study regarding delayed start are washer completes its full cycle active washing mode in which inconclusive regarding the time current (weighted by a dryer usage factor (DUF) residential clothes washers use energy: models of clothes washers spend in to account for loads not dried in a (1) Inactive mode, (2) cycle finished delay start mode. clothes dryer). mode, (3) delay start mode, (4) off mode, To help address this uncertainty, DOE Average cycle times can vary and (5) self-clean mode. DOE is aware examined a more recent 2005 Australian significantly based on the axis of basket of only limited studies of the time study that noted a small number of rotation and type of load. One 1997 clothes washers spend in these different usage hours associated with delay start study compared a 37-minute normal modes. One household survey mode. This study used dataloggers to cycle for a vertical-axis, top-loading conducted by the National Appliance monitor time clothes washers spent in clothes washer with 40 to 110-minute and Equipment Energy Efficiency different modes in Australia and New cycles for eight different front-loading, Committee (NAEEEC) in Australia in Zealand. The study showed that the horizontal-axis machines.8 The U.S. 2000, for example, measured the time average amount of time spent in delay Environmental Protection Agency (EPA) associated with different modes for 61 start mode per wash cycle was reported in 2005 on three studies in the approximately 5 minutes.12 DOE 9 These studies appeared in the July 1998, July 7 See section III.C.5 for a detailed description of 1999, and August 2000 issues of Consumer Reports. 11 Australia’s National Appliance and Equipment how the efficiency metric is calculated. 10 C. Wilkes et al. 2005. ‘‘Quantification of Energy Efficiency Committee (NAEEEC). Standby 8 J. Dieckmann, D. Westphalen. 1997. ‘‘Laboratory Exposure-Related Water Uses for Various U.S. Product Profile—Clothes Washers. October 2003. Testing of Clothes Washers.’’ The High-Efficiency Subpopulations.’’ U.S. Environmental Protection Available at http://www.energyrating.gov.au/ Laundry Metering and Market Analysis (THELMA). Agency, Office of Research and Development. library/pubs/sb200308-washers.pdf. Volume 2. Final Report to the Electric Power Report No. EPA/600/R–06/003. Washington, DC. 12 Australian Electrical and Electronic Research Institute (EPRI). Report No. TR–109147– December 2005. Available at http:// Manufacturer’s Association. A Submission to V2. December 29, 1997. Available for purchase at www.wilkestech.com/ NAEEEC on Mode Times for Use When Determining http://www.epri.com. 205edrb06_Final_Water_Use_Report.pdf. Standby Energy Consumption of Clothes Washers,

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expects similar low usage patterns of testing of multiple residential clothes washing mode, 16 hours to self-clean delayed start functionality for clothes washers showed that the time spent in mode (if applicable), 25 hours to delay washers in U.S. households because a cycle finished mode per use cycle is start mode, 15 hours to cycle finished DOE research suggests that most U.S. very short. Several models tested had no mode, and the remainder (8,409 hours residential electricity customers have cycle finished mode, and immediately for clothes washers offering other fixed-rate electricity pricing (i.e., the reverted to off/inactive mode after the modes) to off and/or inactive mode. cost of electricity does not change with wash cycle completed. All of the tested Table III.1 presents DOE’s estimate of time of day, day of week, or time of units with cycle finished mode the annual energy use associated with year). However, delayed start remained in that state for less than 5 all modes for a clothes washer that is functionality usage could increase in the minutes before switching back to off/ capable of each of these functions. The United States as more electric utilities inactive mode. Based on these results, approximate ranges of power associated offer residential customers variable-rate DOE is proposing to allocate 3 minutes with the different modes are based on pricing plans that encourage shifting per average use cycle to cycle finished DOE testing of residential clothes electricity consumption to off-peak mode, for a total of 15 hours per year. hours. washers with the exception of active In addition, DOE is aware that some washing mode, as noted below. Where DOE welcomes comment on whether residential clothes washers offer a self- the sources cited provide a reasonable ranges of average power are listed, the clean mode, as further discussed in indication of residential clothes washer highest and lowest average measured section III.D.1.b. These self-clean cycles mode usage patterns, and also welcomes values for both top- and front-loading are not accounted for in the proposed any additional information about such clothes washers are provided. Active 295 active mode washing hours per usage patterns. washing mode annual energy use is Based on these two studies, DOE year. DOE tested seven machines that calculated based on the proposed 295 concludes that a typical modern had these cycles, and found an average cycles per year in a standard-size, top- residential clothes washer spends a self-clean cycle time of 1.3 hours. DOE loading or front-loading clothes washer. small amount of time in delay start proposes to account for the time spent Active washing mode per-cycle energy mode. Using an estimated 5 minutes per in self-cleaning cycles, if applicable, use is determined from a 2006 study cycle, the total annual amount of time based on an estimated average that referenced data provided in 2005 by spent in delay start mode, using the manufacturer recommendation of 12 the Association of Home Appliance proposed representative 295 cycles per self-clean cycles per year, resulting in Manufacturers (AHAM) and Whirlpool year, is 25 hours. 16 hours per year. Therefore, machines Corporation (Whirlpool).13 This study The NAEEEC study suggests that 20 offering a self-cleaning cycle will spend estimated that, in 2005, average per- percent of the total use cycle time not 16 fewer hours per year in standby cycle energy use was 2.23 kWh for a allocated to active washing or delay mode or off mode. typical residential clothes washer in the start mode would be associated with In summary, DOE is proposing to United States with an average MEF of cycle finished mode. However, DOE allocate 295 hours per year to the active 1.37 and a capacity of 3.06 ft 3.

TABLE III.1—ESTIMATE OF ANNUAL ENERGY USE OF RESIDENTIAL CLOTHES WASHER MODES

Mode Hours Typical average power W Annual energy use kWh

Active Washing ...... 295 2,230 ...... ** 657.9. Self-Clean ...... 16 75 to 2,081 ...... † 1.2 to 33.3 Delay Start ...... 25 1.4 to 8.9 ...... 0.04 to 0.2. Cycle Finished ...... 15 0 to 5.2 ...... 0 to 0.08. Off and Inactive ...... * 8,409 0 to 1.7 ...... 0 to 14.3. * Remaining time = 8,760 ¥ 295 ¥ 16 ¥ 25 ¥ 15 = 8409. ** Includes energy consumption for water heating and moisture removal in the dryer as well as machine electrical energy consumption. † Based on DOE testing of seven units with self-clean cycles, and 12 cycles per year. Values include energy consumption for water heating and machine electrical energy consumption.

To determine the annual hours per estimated values based upon III.2 summarizes the allocation of hours mode for clothes washers that do not reallocating the hours for modes that are to different possible modes under each utilize all possible modes, DOE not present to off/inactive modes. Table scenario.

TABLE III.2—ESTIMATE OF ANNUAL HOURS OF POSSIBLE CLOTHES WASHER MODES

No delay start or Mode All modes No delay start No cycle finished cycle finished possible mode mode modes

No Self-Clean Available

Active Washing ...... 295 295 295 295 Delay Start ...... 25 0 25 0 Cycle Finished ...... 15 15 0 0 Off and Inactive ...... 8,425 8,450 8,440 8,465

Dishwashers, and Dryers. Appendix B. March 11, 13 R. Bole. Life-Cycle Optimization of Residential Report. No. CSS06–03. Appendix C. April 21, 2006. 2005. Available at http://www.aeema.asn.au/ Clothes Washer Replacement. Center for Available at css.snre.umich.edu/css_doc/CSS06- ArticleDocuments/258/standby.pdf. Sustainable Systems, University of Michigan. 03.pdf.

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TABLE III.2—ESTIMATE OF ANNUAL HOURS OF POSSIBLE CLOTHES WASHER MODES—Continued

No delay start or Mode All modes No delay start No cycle finished cycle finished possible mode mode modes

Self-Clean Available

Active Washing ...... 295 295 295 295 Self-Clean ...... 16 16 16 16 Delay Start ...... 25 0 25 0 Cycle Finished ...... 15 15 0 0 Off and Inactive ...... 8,409 8,434 8,424 8,449

DOE believes the proposed definition annual hours, and test burden. DOE may In response to the August 2009 of off mode as applied to residential also consider the following alternative framework document, Whirlpool clothes washers refers to units with methodology based on comments commented that DOE should mechanical rather than electronic received: incorporate standby power into the MEF controls, or units with electronic The comparison of annual energy use calculation, and that standby power controls combined with a mechanical of different clothes washer modes shows should not be accounted for separately. switch with which the user can de- that delay start and cycle finished (Whirlpool, No. 21 at p. 2) Additionally, energize the electronic controls. modes represent a relatively small the Joint Comment and ASE commented Reactivation of the clothes washer with number of hours at low power that DOE should integrate standby and a pushbutton sensor, touch sensor, or consumption levels. For clothes washers no-load mode power into a single other similar device that consumes currently on the market, these levels are energy metric based on the revisions to power is considered to be a standby distinct from, but comparable to, those IEC Standard 62301. (Joint Comment, mode feature under the proposed for off/inactive modes. Thus, DOE could No. 14 at p. 1; ASE, No. 22 at p. 1). definition. DOE believes there are few adopt an approach that would be Under 42 U.S.C. 6295(gg)(2)(A), EPCA clothes washers with electronic controls limited to specifying hours for only off directs that the ‘‘[t]est procedures for all that have an additional mechanical on/ and inactive modes when calculating covered products shall be amended off switch. Therefore, the combined energy use. In that case, all of the hours pursuant to section 323 to include inactive/off hours would most likely be not associated with active washing standby mode and off mode energy allocated fully either to inactive mode mode or self-clean mode (8,465 hours consumption * * * with such energy or off mode, depending on the type of total) would be allocated to the inactive controls present on the clothes washer. consumption integrated into the overall and off modes. DOE invites comment on energy efficiency, energy consumption, DOE does not have market share whether such an alternative would be information to determine how many or other energy descriptor for each representative of the power covered product, unless the Secretary residential clothes washers are currently consumption of clothes washers determines that—(i) the current test shipped with electromechanical currently on the market. controls. For clothes washers with procedures for a covered product electronic controls plus a mechanical 5. Measures of Energy Consumption already fully account for and on/off switch, DOE is proposing to incorporate the standby mode and off The DOE test procedure for clothes mode energy consumption of the allocate half of the inactive/off hours washers currently incorporates various covered product; or (ii) such an each to inactive and off modes. DOE measures of per-cycle energy integrated test procedure is technically welcomes comment and additional consumption including total weighted infeasible for a particular covered information on this point. per-cycle hot water energy consumption product, in which case the Secretary In conclusion, DOE is proposing to (for electric-, gas-, or oil-heated water), shall prescribe a separate standby mode calculate residential clothes washer total weighted per-cycle machine and off mode energy use test procedure energy use per cycle associated with electrical energy consumption, and per- for the covered product, if technically inactive, off, delay start, and cycle cycle energy consumption for removing feasible.’’ finished modes by (1) Calculating the moisture from a test load in a dryer. (See product of wattage and allocated hours sections 4.1 and 4.3 of appendix J1 of DOE proposes to establish the for all possible inactive, off, delay start subpart B of 10 CFR 430 for details.) The following measure of energy and cycle finished modes; (2) summing test procedure also provides a consumption for clothes washers. It the results; (3) dividing the sum by calculation for MEF, which is equal to integrates energy use of standby mode 1,000 to convert from Wh to kWh; and the clothes container capacity in ft3 and off, modes with the energy use of (4) dividing by the proposed 295 use divided by the sum, expressed in kWh, the product’s main functions, including cycles per year. DOE is also proposing of the total weighted per-cycle hot water delay start and cycle finished modes as to calculate energy use per cycle energy consumption, the total weighted well as any self-clean function available. associated with self-clean mode, if per-cycle machine electrical energy DOE would define a ‘‘per-cycle standby, available, by (1) multiplying the energy consumption, and the per-cycle energy off, delay start and cycle finished mode use per self-clean cycle in kWh by 12 consumption for removing moisture energy consumption,’’ and a ‘‘per-cycle (the number of self-clean cycles from a test load. (See section 4.4 of self-clean mode energy consumption’’ estimated per year); and (2) dividing by appendix J1 of subpart B of 10 CFR 430 measure, as applicable, expressed in the proposed 295 use cycles per year. for details.) The current Federal energy kWh. DOE would also define integrated DOE invites comments on this conservation standards for clothes modified energy factor (IMEF) as the proposed methodology and associated washers are expressed in MEF. (10 CFR clothes container capacity in ft3 divided factors, including accuracy, allocation of 430.32(g)(3)). by the sum, expressed in kWh, of:

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• The total weighted per-cycle hot indicator of product energy efficiency In response to the August 2009 water energy consumption; the estimated annual operating cost, framework document, DOE received • The total weighted per-cycle compared to a range of annual operating comments from the Joint Comment and machine electrical energy consumption; costs of similar products. Appendix F1 ASE supporting revisions to the test • The per-cycle energy consumption to 16 CFR part 305. An estimated annual procedure to measure energy and water for removing moisture from a test load; operating cost incorporating self-clean, consumption during steam wash cycles. • The per-cycle standby, off, delay standby, off, delay start, and cycle (Joint Comment, No. 14 at p. 3; ASE, No. start and cycle finished mode energy finished mode energy use would no 22 at p. 1). consumption; and longer be directly comparable to the The current clothes washer test • The per-cycle self-clean mode minimum and maximum energy costs procedure specifies methods for energy consumption, as applicable prescribed for the EnergyGuide Label. measuring energy and water (discussed in III.D.1.b). consumption over a range of wash DOE proposes an amended clothes D. Clothes Washer Active Mode Test temperatures based on the temperature washer test procedure, appendix J2 to Procedure selections available on a clothes washer, subpart B of 10 CFR part 430, to include as specified in Table 3.2 of the test 1. Technologies Not Covered by the the measurement of the energy procedure, Test Section Reference. DOE Current Clothes Washer Test Procedure consumption in these additional modes proposes amending the test procedure to and the calculation of IMEF. a. Steam Wash Cycles include an additional measurement of DOE does not propose to amend the energy and water consumption during a estimated annual operating cost Multiple clothes washer models steam wash cycle for clothes washers calculation in 10 CFR 430.23 to include currently available on the market offer offering this feature, included in section the cost of energy consumed in the non- a steam function via pre-set cycles or as 3.9. In the proposed amendments, Table active washing modes because: an optional addition to conventional 3.2 of the test procedure is updated to • DOE believes that the cost of energy wash cycles. During these cycles, steam include a column that specifies the test consumed in self-clean, standby, off, is injected into the basket, which sections to be followed for clothes delay start, and cycle finished modes is manufacturers claim provides enhanced washers offering a steam wash cycle, to small relative to the total annual energy cleaning and/or sterilization. The steam update the footnotes, and to correct an cost for clothes washers and, therefore, is produced in a generator that requires error in the current organization of the would make little difference in the a significant amount of energy to heat table. The test sections required for estimated annual operating cost and vaporize the water. The current clothes washers without a steam wash calculation; and clothes washer test procedure does not cycle would remain unchanged. The • The Federal Trade Commission’s account for energy or water proposed updated Table 3.2 from the (FTC’s) EnergyGuide Label for clothes consumption during this type of wash test procedure is shown below as table washers includes as its primary cycle. III.3.

TABLE III.3—TEST SECTION REFERENCE

Max. wash temp. available ≤135 °F (57.2 °C) ** >135 °F (57.2 °C) Number of wash temp. selections 1 2 >2 3 >3

Test Sections Required to be Followed ...... 3.3 3.3 ...... 3.4 3.4 ...... 3.4 ...... 3.5 3.5 3.5 3.6 3.6 3.6 3.6 3.6 ...... * 3.7 * 3.7 * 3.7 3.8 3.8 3.8 3.8 3.8 ...... † 3.9 † 3.9 ** Only applicable to machines with a warm wash/warm rinse cycle. ** Only applicable to water heating clothes washers on which the maximum wash temperature available exceeds 135 °F (57.2 °C) † Only applicable to machines equipped with a steam wash cycle.

DOE also proposes to include the different wash cycles. DOE believes would decrease the use of extra hot energy and water consumption from extra hot and steam cycles would be cycles, but would leave the use of hot, steam wash cycles in the final reserved for the most heavily soiled warm, and cold cycles unchanged. DOE calculations for the energy and water loads, and would have similar use therefore believes the 0.02 TUF use metrics. For clothes washers capable factors. However, DOE has tentatively associated with steam washes would of steam wash cycles, the measurements assumed that the steam wash cycles correspond to a 0.02 decrease in the of energy and water consumption from would be selected somewhat fewer current TUFs associated with extra hot the steam wash cycle with the hottest times than the extra hot cycle because cycles, from 0.05 to 0.03 or 0.14 to 0.12, wash temperature would be included in on some models steam is available only for a steam-capable clothes washer the overall energy and water use as an option on certain settings. DOE is Table III.4 below shows the proposed calculations based on the temperature proposing to update Table 4.1.1 to Table 4.1.1, including specifications for use factor (TUF) for steam wash. Table include 0.02 as the TUF of a steam wash 4.1.1 of the test procedure specifies the cycle, when available. Although DOE a steam wash cycle, and updated warm current weight given to the lacks data on consumer use of steam rinse TUFs, as discussed below in consumption measurements for the wash cycles, DOE believes these cycles section III.D.2.c.

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TABLE III.4—TEMPERATURE USE FACTORS

≤135 °F ≤135 °F ≤135 °F >135 °F >135 °F Max wash temp available (57.2 °C) (57.2 °C) (57.2 °C) (57.2 °C) (57.2 °C) Steam Steam

Number wash temp selections Single 2 Temps > 2 Temps 3 Temps > 3 Temps 3 Temps > 3 Temps

TUFs (steam) ...... NA NA NA NA NA 0.02 0.02 TUFm (extra hot)...... NA NA NA 0.14 0.05 0.12 0.03 TUFh (hot) ...... NA 0.63 0.14 NA 0.09 NA 0.09 TUFww (warm/warm) ...... NA NA * 0.27 * 0.27 * 0.27 * 0.27 * 0.27 TUFw (warm) ...... NA NA 0.22 0.22 0.22 0.22 0.22 TUFc (cold) ...... 1.00 0.37 0.37 0.37 0.37 0.37 0.37 * Only applicable to machines offering a warm/warm cycle. For machines with no warm/warm cycle, this value would be zero and the warm/ cold TUF should be increased by 0.27.

DOE requests comment on the wash cycles per year. Because these for self-clean cycles in the IMEF following issues: Whether the energy cycles may consume a significant calculation for clothes washers for and water consumption of a steam wash amount of energy and water, DOE is which the manufacturer provides and/or cycle should be included in the test proposing to include them in the recommends such cycles. If a clothes procedure; whether the proposed TUF calculation of the efficiency metric. washer is designed to address mold and associated with steam wash cycles is DOE is proposing to define a ‘‘self- odor problems without the need for appropriate; and whether any data are clean mode’’ as a clothes washer separate dedicated cleaning cycles, the available regarding consumer usage operating mode that: per-cycle self-clean energy consumption patterns of such cycles. • Is dedicated to cleaning, will be zero. deodorizing, or sanitizing the clothes DOE proposes to use a similar b. Self-Clean Cycles washer by eliminating sources of odor, approach for including self-clean water Many residential clothes washers bacteria, mold, and mildew; consumption in the calculation of IWF currently on the market offer a self-clean • Is recommended to be run (see section III.D.4.b). The total cycle. These cycles are used intermittently by the manufacturer; and measured hot and cold water periodically with bleach and/or • Is separate from clothes washing consumption for a self-clean cycle detergent but no clothes load to clean, cycles. would be multiplied by 12 self-clean deodorize, or sanitize the components DOE also proposes to integrate energy cycles per year divided by 295 annual that come into contact with water by and water consumption in self-clean active washing mode cycles. This per- preventing or eliminating mold, cycles into the overall energy efficiency cycle self-clean water consumption bacteria, and mildew. Self-clean cycles metric, under the assumption that these would be summed with the total may require higher water temperatures cycles are typically run once per month. weighted per-cycle water consumption and greater volumes of water than a As discussed in section III.C.5, DOE in the active washing mode, then normal cycle, and therefore potentially proposes to define IMEF as the clothes divided by clothes container capacity to consume a substantial amount of container capacity in ft3 divided by the obtain IWF. energy. The current test procedure does sum, expressed in kWh, of: DOE requests comment on self-clean not account for energy or water • The total weighted per-cycle hot cycles, including the proposed consumption attributable to self-clean water energy consumption, definition, the inclusion of self-clean cycles. • The total weighted per-cycle cycle energy and water use into the In response to the August 2009 machine electrical energy consumption, overall energy efficiency metrics, and on framework document, DOE received • The per-cycle energy consumption whether any relevant data are available comments from the Joint Comment and for removing moisture from a test load, regarding self-clean cycles. ASE recommending that DOE amend • The per-cycle standby mode and off c. Adaptive Control Technologies the test procedure to account for energy mode energy consumption, and and water consumption from these • The per-cycle energy consumption Adaptive control technologies can periodic cleansing or sanitizing cycles. from any self-clean cycles. adjust parameters such as agitation According to both commenters, the test DOE proposes to calculate the per- speed, number of rinses, wash time, and procedure should also be amended to cycle energy consumption from self- wash and rinse temperatures based on credit clothes washer designs that clean cycles by: the size, fabric mix, and soil level of a address mold and odor issues without • Measuring the hot and cold water wash load. The current test procedure the use of periodic sanitizing cycles. consumption and the electrical energy accounts for adaptive fill technologies, (Joint Comment, No. 14 at p. 3; ASE, No. consumption for a self-clean cycle, but no other types of adaptive controls. 22 at p. 1). • Calculating the per-cycle hot water AHAM, BSH Home Appliances In its research, DOE noted that many energy consumption and summing with Corporation (BSH), and Whirlpool clothes washer user manuals include a the per-cycle machine electrical energy commented in response to the August recommendation for how frequently the consumption for the self-clean cycle, 2009 framework document that adaptive consumer should run a self-clean cycle. and controls are already widely used in DOE observed that the manufacturer- • Multiplying by the number of self- residential clothes washers. DOE agrees recommended frequency typically is clean cycles per year (12) divided by that multiple models are available on once a month. Some manufacturers also 295 annual active washing mode cycles. the market that use adaptive control recommend a cleaning cycle every This approach apportions the annual technologies to respond to measured or certain number of wash cycles. DOE energy use in self-clean mode to each inferred load size and fabric mix. believes that these self-clean cycles are annual active washing mode cycle. DOE However, DOE lacks data on the not accounted for in the proposed 295 notes that it only proposes to account distribution of load size and fabric

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content representative of actual consumption in the presence of washer test procedure. (Samsung, No. consumer usage. DOE is also not aware adaptive controls. 22 at p. 4) of any residential clothes washers that However, as mentioned in section d. Demand Response Technology currently incorporate soil sensing III.C.2, DOE does not propose amending systems. According to multiple Demand response technology enables the test procedure to include any manufacturers that DOE interviewed, an appliance to shift its activity based provisions for measuring energy implementing soil sensing systems on interaction with the electric grid, consumption in network mode because requires overcoming several technical utilities, or user programming. it is unaware of any clothes washers challenges. For example, typical soil Appliances that can communicate with currently available on the market that sensors have difficulty identifying a the electric grid or any other network incorporate a networking function. At single soiled clothing item. Also, would be considered to have a network this time, DOE is unaware of any data detergent foaming can interfere with mode as defined by IEC Standard 62301 regarding network mode in clothes control systems using turbidity sensors FDIS. This standard defines network washers that would enable it to to monitor the clarity of the wash water. mode as a mode category that includes determine appropriate testing ‘‘ DOE is aware that other consumer any product modes where the energy procedures and mode definitions for products employ adaptive controls, and using product is connected to a mains incorporation into the test procedure. In that these are addressed in their power source and at least one network particular, DOE is unaware of: respective test procedures. For example, function is activated (such as • Data and methods for the many dishwashers incorporate adaptive reactivation via network command or appropriate configuration of networks; network integrity communication) but controls by means of a turbidity sensor • Whether network connection speed where the primary function is not which adjusts the number and duration or the number and type of network active.’’ IEC Standard 62301 FDIS also of wash and rinse cycles. The connections affect power consumption; provides a note stating, ‘‘[w]here a dishwasher test procedure accounts for • Whether wireless network devices network function is provided but is not these models through the use of soiled may have different power consumptions active and/or not connected to a dishware loads. (10 CFR part 430, when the device is looking for a network, then this mode is not subpart B, appendix C) connection and when the network applicable. A network function could If clothes washers become available connection is actually established; become active intermittently according • that offer adaptive controls using a How the energy consumption for to a fixed schedule or in response to a clothes washers in a network turbidity sensor, DOE could consider network requirement. A ‘network’ in amending the clothes washer test environment may be affected by their this context includes communication product design and user interaction as procedure to measure energy and water between two or more separate consumption with a soiled wash load. well as network interaction; and independently powered devices or • Whether the network function DOE is aware of other industry and products. A network does not include international clothes washer test could become active intermittently one or more controls which are according to a fixed schedule or in procedures that use a soiled wash load dedicated to a single product. Network to determine wash performance, response to a network requirement. mode may include one or more standby For these reasons, the proposed including AHAM HLW–1, ‘‘Performance ’’ functions. amendments in today’s NOPR do not Evaluation Procedures for Household In response to the August 2009 include the measurement of energy use Clothes Washers,’’ IEC 60456, ‘‘Clothes framework document, DOE received in network mode. Provisions for testing washing machines for household use— multiple comments regarding demand Methods for measuring the response technologies in clothes power consumption in network mode performance,’’ and Standards Australia/ washers. Energy Solutions, Pacific Gas could be incorporated into the test Standards New Zealand (AS/NZS) and Electric Company (PG&E), Southern procedure through future amendments, 2040.1, ‘‘Performance of household California Gas Company (SoCal Gas), once the appropriate data and testing electrical appliances—Clothes washing San Diego Gas and Electric Company methodologies become available. DOE machines—Methods for measuring (SDG&E), and Southern California welcomes comment on whether clothes performance, energy and water Edison Design & Engineering Services washers that incorporate a networking consumption.’’ 14 DOE could, for (SoCal Edison) (jointly, the California function are currently available, and example, incorporate the test cloth Utilities) commented that it is important whether definitions and testing soiling method from one of these test for DOE standards to give credit not procedures for a network mode should procedures into the DOE clothes washer only to energy conservation, but to the be incorporated into the DOE test test procedure to capture the energy and reduction of peak demand from demand procedure. DOE also requests comment water consumption effects of adaptive responsive controls. (California Utilities, on appropriate methodologies for controls. No. 18 at p. 6) AHAM commented that measuring energy consumption in a DOE welcomes comment on whether DOE should evaluate the capability of network mode, and data on the there are any clothes washers available residential clothes washers to provide repeatability of such testing on the market offering soil-sensing peak load shedding capabilities through methodology. adaptive controls, and on its tentative a ‘‘smart grid’’ infrastructure. (AHAM, 2. Changes To Reflect Current Usage decision to account for only adaptive fill No. 15 at p. 4) General Electric (GE) also Patterns and Capabilities controls in the test procedure. DOE commented in support of DOE a. Representative Annual Cycles further invites information on the size considering demand responsiveness as a distribution and fabric content of wash technology associated with residential In the January 2001 final rule, DOE loads typical of consumer use, and clothes washers. (GE, No. 19 at p. 3) estimated the representative number of comment on using a soiled test load to Samsung Electronics America annual wash cycles per clothes washer determine energy and water (Samsung) commented that DOE should as 392. 66 FR 3314. This number is not consider smart grid or grid-enabled used in the calculations for the current 14 AHAM and AS/NZS standards are available appliance technologies for their effect energy efficiency metric, because MEF online at http://webstore.ansi.org/. on energy use as it drafts DOE’s clothes is calculated on a per cycle basis. In this

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NOPR, DOE is proposing to include household during a typical week using washer container volumes up to 3.8 ft3. power consumption from modes other hot, warm, and cold wash water DOE is aware that multiple clothes than active washing mode in the energy temperature settings. There are 11 washers available on the market have efficiency metric. As discussed above, response options, ranging from zero to container volumes exceeding 3.8 ft3. doing so requires an estimate of the time 10+ per week. DOE summed the average ALS commented in response to the a typical clothes washer spends in number of wash loads per week for each August 2009 framework document that active washing, inactive, off, delay start, water temperature and scaled this it supports revising Table 5.1 to account cycle finished, and self-clean modes. weekly value to an annual value to for larger capacities because larger The number of annual wash cycles is determine the average number of wash capacity clothes washers exist in the used to determine the time spent in the cycles per year. Using this method, the marketplace, for which Whirlpool filed active washing mode, and determines California RASS data show an average a petition for waiver on November 21, the remaining time to be allocated to the of 283 wash cycles per year. 2005. 71 FR 48913. ALS also stated that other possible modes. P&G also supplied DOE with data on it supports Whirlpool’s petition. (ALS, DOE received comments in response typical consumer use of clothes No. 12 at p. 1) AHAM and Whirlpool to the August 2009 framework washers. The P&G data show an average commented that DOE should expand document on the number of average of 308 wash cycles per year. DOE review Table 5.1 to include washer capacities clothes washer cycles per year. Alliance determined that the P&G data set up to 6 ft3. AHAM stated that the larger Laundry Systems, LLC (ALS) contains fewer single-person capacities should be addressed by commented that the annual cycles value households and more multiple-person continuing the linear relationship used should be revised to approximately 300 households than the 2005 RECS data, in the current table. (AHAM, No. 15 at cycles per year, referring to Procter & which more closely approximates the p. 2; Whirlpool, No. 21 at p. 1) Gamble (P&G) consumer studies which household sizes shown in the latest DOE also received comments from the have been used by DOE in prior test sampling performed by the U.S. Census Joint Comment and ASE opposing the procedure rulemakings. (ALS, No. 12 at Bureau and the American Housing expansion of the test load size p. 1) The Joint Comment and ASE stated Survey in 2007.15 DOE believes that the specifications to cover container that DOE should acquire data for an larger average household size in the volumes up to 6 ft3 unless DOE verifies updated annual number of wash cycles P&G study could lead to the higher the validity of the calculations used in because the current value in the test average annual wash cycles value found Table 5.1 with current consumer data. procedure is based on outdated in the P&G data. Specifically, these commenters request consumer usage patterns and machine In today’s notice, DOE is proposing that DOE verify the average load characteristics. (Joint Comment, No. 14 295 as the representative number of calculations across machines of at p. 1; ASE, No. 22 at p. 1) AHAM wash cycles per year based on the 2005 different capacities. These commenters stated that it supported the use of data RECS data. DOE believes this is a more also stated that DOE should ensure that from the 2005 ‘‘Residential Energy representative value than the results of the calculations do not introduce a bias Consumption Survey’’ (RECS) in the California RASS because the survey favoring clothes washers with larger determining the annual energy and is nationwide rather than limited to a capacities. (Joint Comment, No. 14 at water consumption of residential single State. DOE also believes the 2005 pp. 1–2; ASE, No. 22 at p. 1) clothes washers. (AHAM, No. 15 at p. 6) RECS value is more representative of In response to Whirlpool’s November Additionally, Whirlpool commented average use than the value based on the that the RECS data has limitations, but 2005 request for waiver, DOE granted an P&G study due to the household size that it was unaware of any more robust interim test procedure waiver to distribution of the data sets. Overall, alternatives to determine annual energy Whirlpool for three of Whirlpool’s however, the relatively small variation and water consumption of residential clothes washer models with container among the three estimates of annual 3 clothes washers. (Whirlpool, No. 21 at capacities greater than 3.8 ft . 71 FR clothes washer cycles supports DOE’s p. 7) 48913 (August 22, 2006). This notice The 2005 RECS compiles data on tentative conclusion that 295 cycles per contained an alternate test procedure, energy use in residential buildings from year is a reasonable value to include in which extended the linear relationship households across the United States. its clothes washer test procedure. between maximum test load size and The survey has a section devoted to DOE welcomes comment on whether clothes washer container volume in appliance usage, including residential 295 wash cycles per year is Table 5.1 to include a maximum test clothes washer usage. The survey asked representative of typical consumer use, load size of 15.4 pounds (lbs) for clothes respondents to identify the average and whether the 2005 RECS is an washer container volumes of 3.8 to 3.9 number of loads per week that they appropriate source of data for this issue. ft3. wash, with response options of 1 or DOE also seeks any additional data DOE is aware of limited data fewer, 2 to 4, 5 to 9, 10 to 15, and more relevant to the representative number of regarding typical clothes washer load than 15 loads per week. DOE assigned annual clothes washer cycles. sizes. In 2003, P&G conducted a survey a representative average number of wash b. Test Load Size Specifications on load size with 510 respondents, cycles per year to each of these response comprising 3367 loads of laundry. The categories, and calculated the weighted The current DOE clothes washer test data from this survey show an average average. Using this method, DOE procedure specifies the test load size for load size of 7.2 lbs for top-loading determined that the data show an the active washing mode energy tests machines, and 8.4 lbs for front-loading average of 295 wash cycles per year. based on the clothes washer’s container machines. These load sizes correspond DOE is aware that the ‘‘California volume. The table specifying the test to the average test loads for the 2.7–2.8 Residential Appliance Saturation load sizes in the test procedure, Table ft3 and 3.3–3.4 ft3 clothes washer Survey’’ (California RASS) from 2004 5.1, currently only covers clothes capacity bins, respectively, in Table 5.1. also provides data on the use of These results are consistent with the 15 Information on the American Housing Survey residential appliances. For clothes can be found on the U.S. Census Bureau Web site shipment-weighted average tub volume 3 washer use, the survey asks for the at http://www.census.gov/hhes/www/housing/ahs/ of 3.05 ft from the 2005 AHAM number of loads washed in the ahs.html. Factbook.

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P&G has also noted that increases in DOE received comments from the ii. Temperature Use Factors average load size tend to correlate with Joint Comment and ASE regarding usage increases in clothes washer capacities. factors in the current clothes washer test As stated in section III.D.1.a, DOE DOE has found that from 1993 to 2005, procedure. They stated that DOE should proposes amending the TUFs in its tub capacities have increased by 14 validate the use factors for minimum, clothes washer test procedure to percent, based on AHAM data, while average, and maximum loads, TUFs, account for steam wash cycles, and to the number of cycles per year has and the DUF based on current data. revise the warm rinse TUF. DOE decreased by 17 percent, based on RECS They also stated that DOE should verify believes the steam wash cycle TUF only data. Assuming that households that the current use factors for load affects the extra hot TUF, leaving the continued to wash the same volume of size—12 percent for minimum load size, other TUFs unchanged. clothes each year, the data imply that, 74 percent for average load size, and 14 Among the limited data on consumer on average, the wash loads were larger. percent for maximum load size—do not wash and rinse temperature selections, The limited data on this subject introduce a systematic bias favoring the 2005 RECS and the 2004 California suggest that the current values in the large capacity clothes washers. These RASS both provide some information on test load size chart are appropriate, and factors also might not reflect current temperature selections. However, each extending the linear relationship consumer usage because they were of these surveys only disaggregate between test load size and container established in the 1990s and because the temperature use into hot, warm, and capacity to larger capacities is valid. assumed downward trend in the cold cycle settings, providing no Thus, DOE proposes amending the number of annual wash cycles may information on extra hot or steam use. clothes washer test procedure to indicate that loads are, on average, Further, the RECS questionnaire asks establish test load size specifications for larger. The Joint Comment and ASE also respondents only for the water clothes washer container volumes up to suggested that DOE should reassess the temperature selections usually used for 6.0 ft3. The amendment would be based load adjustment factor (LAF) used in the the wash and rinse cycles of a clothes on a continuation of the linear RMC calculation. This factor is intended washer, which may not account for the relationship between test load size and to represent the ratio of maximum load less-frequent use of the hot wash cycle. clothes washer container volume size to average load size, but a fixed Hot wash cycles are generally used for currently in the DOE clothes washer test value of 0.52 is used despite the ratio the most heavily soiled loads, which procedure. DOE welcomes comment on changing as capacity increases DOE believes would not represent the the proposed test load sizes, including according to the data in Table 5.1. (Joint water temperature selection usually whether the linear relationship between Comment, No. 14 at pp. 1–3; ASE, No. test load size and clothes washer 22 at p. 1) used by consumers. As a result, the container volume is representative of DOE’s responses to these comments 2005 RECS data may support a hot wash actual consumer use, and additional on use factors are discussed separately use factor that is lower than the actual consumer use data relevant to this topic. in the following sections. value. The California RASS questionnaire asks for the number of c. Use Factors i. Load Size Use Factors wash loads per week typically washed The clothes washer test procedure The load size use factors in the DOE at hot, warm, and cold temperature relies on use factors to weight different test procedure represent the fraction of settings. While this phrasing captures consumer behaviors in the overall all wash cycles a typical consumer runs the use of all three temperature energy and water consumption for the minimum, average, and selections, the California RASS only calculations. The factors are based on maximum load sizes. DOE is not aware represents one State, and may not reflect consumer use data and represent the of recent data characterizing such usage consumer use nationwide. Table III.5 fraction of all cycles that are run with patterns. Therefore, DOE is not compares the TUFs from these two certain settings or characteristics. The proposing in today’s notice to change surveys with the current values in the use factors in the test procedure cover the load size use factors. DOE welcomes DOE clothes washer test procedure for wash and rinse temperatures, load sizes, input and data on consumer selection of hot, warm, and cold washes, and for and dryer use. load sizes. warm rinse.

TABLE III.5—TEMPERATURE USE FACTORS

TUF, 2004 Temperature setting TUF, current test TUF, 2005 RECS California procedure RASS

Hot Wash ...... 0.14 0.062 0.2 Warm Wash ...... 0.49 0.542 0.41 Cold Wash ...... 0.37 0.397 0.39 Warm Rinse ...... 0.27 0.2 N/A

Because the factors from each source III.4, DOE welcomes comment on the users participating in the survey demonstrate general agreement, DOE proposed TUFs. reported using warm rinse for 1.6 believes that the TUFs in its test DOE also notes that it has recently percent of all cycles. Although DOE procedure are a reasonable estimate of received consumer usage survey data does not believe that this conclusion current consumer use. While DOE is from a manufacturer which indicate necessarily applies to all consumers and therefore proposing to amend only the that, for one clothes washer model with residential clothes washer models, it TUFs for clothes washers offering a no cold rinse option on the cycle remains open to considering the warm steam wash cycle as discussed in recommended for cotton clothes and a rinse TUF and welcomes further data section III.D.1.a and shown in Table default cold rinse on all other cycles,

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regarding consumer usage of warm available in any other wash cycle setting without a clothes dryer, the California rinse. that employs agitation/tumble RASS data show a DUF of 0.76. In addition, DOE proposes to revise operation, spin speed(s), wash times, DOE proposes amending its clothes the methods for measuring warm rinse and rinse times that are largely similar washer test procedure to include a DUF and incorporating the revised to the ‘‘Normal’’ cycle, the warm/warm of 0.91, based on the 2005 RECS. DOE measurement into the test procedure’s cycle would be tested using the wash is proposing 0.91 rather than 0.96 calculations. The current test procedure cycle setting that would best reflect because the clothes washer test addresses warm rinses by applying a typical consumer use. Under the current procedure aims to estimate the energy TUF of 0.27 to account for the test procedure, only the hot water use of all clothes washers, regardless of incremental energy consumption of a consumption for the warm rinse and the clothes dryer ownership. DOE is warm rinse over that of a cold rinse. electrical energy consumed by the proposing to use the value derived from This indicates that 27 percent of all clothes washer to heat the rinse water the 2005 RECS rather than the 2004 loads across all temperatures use a are required to be measured for this California RASS to be consistent with warm rinse. Because the test procedure cycle. The proposed test procedure the proposed number of wash cycles per incrementally accounts for warm rinses, would require measuring energy and year and because, as stated in section the relevant provisions require the water consumption over the complete III.D.2.a, the RECS data represent the measurement of hot water consumption warm wash/warm rinse cycle. As a entire country rather than one State. for the warm rinse only and the result, MEF measured under the current DOE welcomes comment on the measurement of the electrical energy test procedure could differ from the proposed value of 0.91 for the DUF and consumed by the clothes washer to heat MEF measured with under the proposed using the RECS data to calculate this the rinse water only. For some clothes revisions. During the ongoing energy value. washers, though, it is not entirely clear conservation standards rulemaking, iv. Load Adjustment Factor when water consumption for the wash DOE expects to analyze potential effects Load Adjustment Factor (LAF) cycle ends and rinse begins because of the proposed warm rinse represents the ratio of maximum load multiple fill and drain events may occur methodology on measured MEF and size to average load size. This ratio is in various sequences. incorporate any such effects, as used in the calculation of the energy To address this uncertainty, DOE appropriate, into any amended required to remove moisture from the believes that it is more appropriate to standards. measure energy and water consumption test load. The RMC value used in this As stated above, DOE welcomes over an entire cycle that utilizes warm calculation is based only on tests using comment on these proposed TUFs, rinse. DOE believes that most clothes the maximum test load, so the LAF is including steam wash and warm wash/ washers currently available on the used to scale this value down to the market allow users to select a warm warm rinse cycles, and on whether any average load size. DOE lacks rinse only with a warm wash cycle. DOE other consumer use data regarding information warranting adjusting this is, therefore, proposing to establish a temperature setting selection is value or changing it from a fixed value TUF for a full warm wash/warm rinse available. DOE also requests comment to one that varies as a function of cycle and to eliminate the incremental and any relevant data on whether the average load size, and is therefore not use factor currently attributed to warm proposed method of incorporating warm proposing to amend the LAF in the test rinse. DOE believes that the value of this rinse would affect MEF ratings. procedure. DOE welcomes comments on incremental use factor of 0.27 would iii. Dryer Use Factor appropriate adjustments that could be represent a valid TUF for the warm made to the LAF. wash/warm rinse cycle. For those DOE investigated whether the DUF of 3. Test Cloth clothes washers with such an option, 0.84 in its clothes washer test procedure DOE is also proposing to decrement the reflects current consumer usage. The The current clothes washer test warm wash/cold rinse TUF by a 2005 RECS includes data on both procedure requires the use of closely- corresponding amount, reducing it from clothes washer and clothes dryer use. specified test cloth for the energy test 0.49 to 0.22. DOE further proposes that As stated previously in section III.D.2.a, cycles. The test cloth affects the the warm wash/warm rinse TUF would AHAM and Whirlpool both commented calculated energy consumption largely not be applicable for clothes washers in support of using RECS data for through the RMC value. RMC is with one or two wash temperature representative annual cycles, because calculated as the ratio of the weight of settings because these washers would they believe no other alternative data set water absorbed by the test cloth after a not be capable of warm wash. is available. (AHAM, No. 15 at p. 6; complete energy cycle to the initial DOE is not proposing to amend the Whirlpool, No. 21 at p. 7) weight of the ‘‘bone dry’’ test cloth, TUFs for wash temperature selections Analysis of the RECS data shows that, multiplied by 100 percent. The RMC is other than the warm wash. for households with both a clothes then used to calculate the per-cycle Additionally, the proposed TUFs for washer and dryer, the average DUF is energy consumption for removal of warm/cold and warm/warm sum to the 0.96. For all households with a clothes moisture from the test load. Because the current warm wash TUF. Overall, the washer, the average DUF is 0.91. This test cloth plays a central role in warm wash temperature selection use factor is lower because it includes determining energy consumption, the would receive the same weight in the households with only a clothes washer test procedure includes provisions to energy and water consumption and no dryer. DOE also analyzed the ensure consistent and accurate results. calculations. 2004 California RASS to determine that The test cloth characteristics can vary DOE recognizes that not all clothes its data show a DUF of 0.86 for based on production lot, or even within washers offer a warm/warm temperature households with both a clothes washer the same lot, so the test procedure selection under the normal wash cycle and dryer. This dryer use factor is based includes a calibration procedure to setting recommended for washing on 283 clothes washer cycles per year as provide consistent results for all test cotton or linen clothes (hereafter, the supported by the California RASS, not cloth. ‘‘Normal’’ setting). For these clothes the proposed 295 cycles per year in DOE received multiple comments in washers, if a warm/warm cycle is today’s NOPR. Including households response to the August 2009 framework

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document regarding the test cloth used sections of the test procedure regarding inch (warp × fill), based on supplier in its clothes washer test procedure. test cloth to reflect the changes in data. Additionally, DOE proposes to ALS commented that DOE should revise September 22, 2008, proposal included maintain a shrinkage limit, relocated the test procedure to improve test cloth in the AHAM comment and supported from section 2.6.1.1(B) to new section calibration auditing. (ALS, No. 12 at p. by Whirlpool and the Test Cloth Task 2.6.4.7, but to increase the limit from 4 1) AHAM submitted detailed comments Force. The current test procedure does percent to 5 percent on the length and on this issue, including a proposal it not specify any tolerances for the size width. DOE also proposes to require the sent to DOE on September 22, 2008, that and weight of the energy test cloths. cloth shrinkage be measured as per the addresses energy test cloth tolerances, DOE is proposing the following American Association of Textile provides additional detail for tolerances: Chemists and Colorists (AATCC) Test determining RMC, and removes • In section 2.6.1, ‘‘Energy Test Method 135–2004, ‘‘Dimensional redundant sections regarding Cloth,’’ the energy test cloth shall be 24 Changes of Fabrics after Home ± 1 ± 1 ± preconditioning the test cloths. AHAM ⁄2 inches by 36 ⁄2 inches (61.0 1.3 Laundering.’’ These revisions are also ± also commented that DOE should cm by 91.4 1.3 cm) and hemmed to 22 supported by supplier data, according to ± 1 ± 1 ± provide guidance and/or support on the ⁄2 inches by 34 ⁄2 inches (55.9 1.3 AHAM. (AHAM, No. 15 at p. 15) ± annual test cloth correlation work, cm by 86.4 1.3 cm) before washing; • In section 2.6.2, ‘‘Energy Stuffer The current DOE test procedure uses including a proposal for the creation of extractor tests of up to 500 units of a DOE Test Cloth Advisory Panel. Cloth,’’ the energy stuffer cloth shall be 1 1 gravitational acceleration (g) in 12 ± ⁄4 inches by 12 ± ⁄4 inches (30.5 (AHAM, No. 15 at pp. 2, 10, 14–18, 34) ± ± determining the RMC correlation curve In a letter to DOE sent March 29, 2010, .6 cm by 30.5 .6 cm) and hemmed ± 1 ± 1 for test cloth lots. Clothes washers AHAM confirmed that the AHAM DOE to 10 ⁄4 inches by 10 ⁄4 inches (25.4 ± .6 cm by 25.4 ± 0.6 cm) before currently available on the market are Test Cloth Task Force, which includes capable of higher spin speeds that AHAM members, BSH, Electrolux Home washing; and • In section 2.6.4.2, the fabric weight achieve g-forces higher than 500 g. DOE Products, GE, Samsung, Whirlpool, and specification shall be 5.60 ± 0.25 ounces is therefore proposing to include an SDL Atlas, supported the test cloth- per square yard (190.0 ± 8.4 g/m2). additional set of extraction tests at 650 related changes to the test procedure According to AHAM, these tolerances g. Because of the prevalence of higher that were proposed in AHAM’s are supported by test cloth supplier spin speeds, DOE is also proposing to comments submitted for the framework data. DOE believes that manufacturers remove the requirement that the 500 g document. Whirlpool commented in generally agree with these updated requirement be used only if a clothes support of the AHAM test cloth tolerances, as they were proposed washer can achieve spin speeds in the proposal. Whirlpool also commented through AHAM. It also believes that 500 g range. These proposed that DOE should provide guidance and/ specified tolerances will result in amendments will result in 60 extractor or support on the test cloth issues not consistency across lots of test cloth. RMC test runs required for correlation addressed by the current test cloth The current test procedure also testing rather than the currently supplier, which include quality, contains redundant sections regarding required 48. DOE is also proposing to correlation coefficients, and the the test cloth specifications and update Tables 2.6.5—Matrix of Extractor availability of new fabric lots. preconditioning. DOE proposes to delete RMC Test Conditions, and Table (Whirlpool, No. 21 at pp. 1–2) the redundant sections 2.6.1.1–2.6.1.2.4. 2.6.6.1—Standard RMC Values (RMC DOE believes that the test cloth These sections were made obsolete in Standard) to include tests at 650 g. The specifications that AHAM proposed the 2001 Final Rule, which added proposed updated Table 2.6.6.1 is represent the industry’s consensus on sections 2.6.3 through 2.6.7.2 into shown below in Table III.6, and it the available means to limit uncertainty Appendix J1. 66 FR 3314. However, contains the additional standard RMC in the test procedure due to variations DOE proposes to use in section 2.6.4.3 values at 650 g that were suggested by in the test cloth properties. DOE is the thread count specification from AHAM and supported by the AHAM therefore proposing to update the deleted section 2.6.1.1(A), of 65 × 57 per DOE Test Cloth Task Force.

TABLE III.6—STANDARD RMC VALUES (RMC STANDARD)

RMC percentage ‘‘g Force’’ Warm soak Cold soak 15 min. spin 4 min. spin 15 min. spin 4 min. spin

100 45.9 49.9 49.7 52.8 200 35.7 40.4 37.9 43.1 350 29.6 33.1 30.7 35.8 500 24.2 28.7 25.5 30.0 650 23.0 26.4 24.1 28.0

AHAM also commented on certain AHAM also suggested updating the also suggested clarifications to the equipment necessary for extractor RMC requirements for bone drying the test requirements for bundling and draining tests. Specifically, AHAM suggested cloth in preparation for determining the the test cloth prior to completing the updating the manufacturer specified for RMC of the test loads in the extractor extractor spin cycles. These the extractor from Bock Engineered tests, including a requirement for using clarifications include procedures to Products to North Star Engineered a clothes dryer capable of heating the create loose bundles of four test clothes Products, Inc., although the extractor test cloth to over 210 degrees Fahrenheit each, as well as a time limit of 5 seconds model number remains the same. (°F) (99 degrees Celsius (°C)). AHAM for gravity draining the bundles after

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soaking and 1 minute for overall sample of clothes washers to observe the clothes container with water ‘‘to its draining and loading of all bundles into different possible fill levels and to uppermost edge which may be used to the extractor. Whirlpool stated that it determine the variability associated fill in clothes, respecting manufacturer supports these revisions and with the current capacity test method. instructions.’’ Samsung notes that clarifications. (AHAM, No. 15 at pp. 17– Comparison of measured capacities to manufacturers instruct consumers to fill 18; Whirlpool, No. 21 at p. 1) DOE rated values for the models in DOE’s test clothes to the top of the clothes concurs that these revisions are sample showed that the majority of the container’s internal basket. (Samsung, appropriate. In particular, DOE reported capacities varied from DOE’s No. 24 at pp. 1–2) ALS commented that conducted extractor testing and measurements, some by as much as 0.5 DOE should revise the test procedure to observed that handling the test cloth as ft3. To provide more specific clarify that, for vertical-axis clothes specified by AHAM produces consistent instructions on measuring the clothes washers, the ‘‘uppermost edge’’ and repeatable RMC measurements for container capacity, DOE issued draft terminating point for the ‘‘capacity’’ use in developing RMC correction guidance interpreting the maximum fill measurement should be defined as the curves. DOE also notes that North Star level required by the existing test ‘‘top of the tub cover.’’ (ALS, No. 12 at Engineered Products, Inc. operates at procedure, available at http:// p. 1) ASAP expressed concern that the the same location and supplies the same www1.eere.energy.gov/buildings/ advertised capacity of a specific model model of extractor as the previously appliance_standards/residential/pdfs/ is typically larger than the capacity specified Bock Engineered Products, frequently_asked_questions_cw_final_ that’s reported to ENERGY STAR, CEC, and that AHAM’s proposed 05-13-2010.pdf. This draft guidance and other public databases. (ASAP, requirements for a bone dryer add determines the maximum fill level (i.e., Public Meeting Transcript, No. 7 at p. specificity that was previously lacking the ‘‘uppermost edge’’) as the highest 20) According to the Joint Comment, the in the test procedure and have general horizontal plane that a clothes load advertised capacity may be based on the industry approval. Therefore, DOE could occupy with the clothes container DOE capacity, multiplied by an IEC proposes in today’s notice to amend its oriented vertically. conversion factor of 15/13, but that this clothes washer test procedure in Separate from development of the conversion may not be made apparent. (Joint Comment, No. 14 at p. 2) sections 2.6.5.1 and 2.6.5.3 as discussed guidance interpreting the fill level DOE believes that these comments above, and add new section 2.12 with required by the existing test procedure, the bone dryer specifications. indicate that improvements to the DOE sought comment in the August description of the fill level required by AHAM also recommended that DOE 2009 framework document on whether add a section 2.6.5.3.1.2 to include a the current test procedure could result improvements to the existing test in more stable, accurate, representative, ‘‘Bone Drying Procedure.’’ (AHAM, No. procedure were warranted. BSH 15 at p. 17) DOE finds that this and repeatable capacity measurements. commented that a performance The following paragraphs describe procedure is duplicative of the assessment related to claimed load size definition of ‘‘bone-dry’’ in section 1 of DOE’s proposed changes to the test would significantly benefit the measurements for both horizontal-axis its test procedure, and, therefore, is not consumer. According to BSH, proposing to amend section 2.6.5.3.1 as and vertical-axis clothes washers. comparing clothes container volumes For vertical-axis clothes washers, DOE suggested by AHAM. between ‘‘regular efficiency’’ vertical- proposes that the clothes container be DOE requests comment on the axis, high efficiency vertical-axis, and filled to the uppermost edge of the proposed updated test cloth tolerances horizontal-axis clothes washers can be rotating portion, including any balance and correlation procedure. DOE also misleading. BSH stated that capacity ring. In tests DOE conducted on a requests any data related to the test should be linked to performance to limited sample of residential clothes cloth and correlation procedures. better describe the utility of the washers for this rulemaking, DOE 4. Other Revisions and Clarifications appliance. (BSH, No. 9 at p. 2) The Joint observed the maximum height to which Comment and ASE stated that the test the dry clothes could be filled in a a. Clothes Washer Capacity procedure capacity measurement should Measurement Method vertical-axis clothes washer technically reflect the useful volume of the clothes includes space above the upper surface The current clothes washer test container that is actually available for of the stationary portion over the wash procedure requires measuring clothes clothes washing. The two comments tub (commonly referred to as the tub container capacity as ‘‘the entire volume noted that in 1995 DOE received cover.) However, in most cases, if which a dry clothes load could occupy information from Maytag that the clothes were placed in that region within the clothes container during clothes container volumes for vertical- during a wash cycle, it is likely that washer operation.’’ 10 CFR part 430, axis machines could be overstated by 15 portion of the load would not interact subpart B, appendix J1. The procedure to 20 percent. The two comments stated with water and detergent properly, and involves filling the clothes washer with that DOE should modify the test that entanglement would also likely water, and determining the volume procedure to provide more accurate occur. Based on its tests and review of based on the added weight of water measurements if this overstatement is manufacturer recommendations divided by its density. Specifically, the still occurring today. (Joint Comment, provided in product manuals, DOE test procedure requires that the clothes No. 14 at pp. 2–3; ASE, No. 22 at p. 1) believes the uppermost edge of the container be filled manually with either Samsung also commented that DOE rotating portion of the clothes container 60 °F ± 5 °F (15.6 °C ± 2.8 °C) or 100 should propose to clarify how clothes for a vertical-axis clothes washer would °F ± 10 °F (37.8 °C ± 5.5 °C) water to container capacity for vertical-axis be the highest horizontal plane that a its ‘‘uppermost edge’’. Id. clothes washers is measured so that the clothes load could occupy while DOE became aware that this general result would reflect the usable capacity maintaining proper wash performance specification of the water fill level could of the clothes washer. Samsung and ensuring a stable, accurate, and lead to multiple capacity measurements suggested the Committee Draft for Vote repeatable measurement. This would that do not reflect the actual capacity of IEC Standard 60456, Fifth Edition as include the uppermost edge of any available for washing clothes. DOE a possible source for the clarification. balance ring attached to the clothes conducted capacity tests on a small That document specifies filling the container. Additionally, any volume

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within the clothes container that a cycles, including warm, hot, and extra portion(s) of other cycle(s) with that clothing load could not occupy during hot washes, but it is only used to temperature selection or water level active washing mode operation should determine the energy needed to heat the that, when tested pursuant to these test be excluded from the measurement. water. This presents an opportunity to procedures, will contribute to an For horizontal-axis clothes washers, bias the test procedure results by setting accurate representation of the energy DOE proposes that the clothes container cold wash water consumption very low, consumption of the basic model as used be filled to the uppermost edge that is while using more water at higher by consumers. Any cycle under (A) or in contact with the door seal. DOE temperatures, in order to minimize the (B) shall include the agitation/tumble believes that the uppermost edge of the weighted average water consumption on operation, spin speed(s), wash times, clothes container would typically be the which the WF is based. and rinse times applicable to that cycle, portion of the door seal in contact with To prevent such bias and to produce including water heating time for water the door during operation. DOE also the most representative value of water heating clothes washers.’’ 10 CFR 430, considered using the inner surface of consumption, DOE proposes to include subpart B, appendix J1. the closed door as a possible definition water consumption from all energy test Many machines provide a ‘‘normal’’ of the uppermost edge of the clothes cycles in the calculation of the new cycle setting, or some equivalent, which container. However, DOE observed integrated metric, IWF. DOE believes is typically used for washing cotton or during testing that small variations in the proposed IWF calculation will linen clothes. Testing conducted using the leveling of the clothes container’s provide a more representative measure the normal cycle setting satisfies part A upper edge can make it difficult to of water consumption and will not of the energy test cycle definition. determine in a repeatable way the water substantially increase manufacturers’ However, many of these normal cycle level that just meets the inner door test burden. This is because hot water settings limit range of wash and rinse surface. Additionally, measuring to the consumption is already recorded for all temperature selections. For example, innermost surface of the closed door wash cycles and the equipment for they may offer cold and warm wash would not account for the extra volume measuring cold water consumption temperatures with cold rinse, but may available due to other parts of the door must be in place for the cold wash not allow the user to select a hot or extra not projecting as far into the clothes cycles. DOE believes that, in practice, hot wash, or a warm wash with warm container. Therefore, DOE believes that manufacturers likely record the data for rinse. Testing only the wash the uppermost edge of the clothes cold water consumption at other wash temperature options available to the container that is in contact with the temperatures as well even though it is normal cycle, despite being able to door seal for a horizontal-axis clothes not required by the current test access the other temperature options by washer would be the highest horizontal procedure. switching out of the normal cycle, may plane that a clothes load could occupy, DOE therefore proposes to measure neglect part B of the energy test cycle as determined with the door open. Any both the hot and cold water definition, which requires volume within the clothes container consumption for each test cycle in order manufacturers to switch out of the that the clothing load could not occupy to calculate IWF. Doing so will provide normal cycle to a different setting that during active washing mode operation total water consumption for each test allows the other temperature settings to must be excluded. cycle, including self-clean cycles. The be selected and tested if such testing DOE believes the proposed total weighted per-cycle water contributes to an accurate amendments would provide a consistent consumption will equal the self-clean representation of energy consumption as approach to determining the fill level cycle water consumption multiplied by used by consumers. and result in a representative capacity the number of self-clean cycles per year DOE understands that the measurement. DOE is aware of other divided by 295 annual use cycles, plus requirement to test different methods for measuring the clothes the total water consumption for each temperature options ‘‘if such testing container capacity, such as those test cycle multiplied by its TUF and contributes to an accurate contained in IEC Standard 60456, but load usage factor. IWF is then equal to representation of energy consumption as believes these other methods create an this total weighted per-cycle water used by consumers’’ has caused some unnecessary test burden by using consumption divided by the clothes confusion. As a result, DOE proposes to uncommon materials to measure the container volume. amend part B of the energy test cycle container capacity, and may not result DOE welcomes comment on the definition to definitively account for in a capacity that is representative of validity of including water consumption temperature options available only actual use. DOE welcomes comment on from all test cycles, including self-clean outside the normal cycle. The proposed whether the proposed method for cycles, in the proposed calculation of part (B) would read ‘‘* * * (B) if the measuring clothes container capacity IWF. DOE also requests comment on cycle described in (A) does not include provides a representative measurement whether the IWF calculation would all wash/rinse temperature settings of the volume which a dry clothes load result in a significant test burden. available on the clothes washer, and could occupy within the clothes required for testing as described in this c. Energy Test Cycle container during washer operation. DOE test procedure, the energy test cycle also welcomes comment on whether any The energy test cycle is the cycle used shall also include the portions of a cycle other valid measurement method is in determining the MEF and WF for a setting offering these wash/rinse available. clothes washer. The current clothes temperature settings with agitation/ washer test procedure defines the tumble operation, spin speed(s), wash b. New Measure of Water Consumption energy test cycle as ‘‘(A) the cycle times, and rinse times that are largely The calculation for WF currently set recommended by the manufacturer for comparable to those for the cycle forth in the clothes washer test washing cotton or linen clothes, and recommended by the manufacturer for procedure is derived from only the includes all wash/rinse temperature washing cotton or linen clothes. Any water consumed during the cold wash/ selections and water levels offered in cycle under (A) or (B) shall include the cold rinse wash cycle. 10 CFR part 430, that cycle, and (B) for each other wash/ default agitation/tumble operation, soil subpart B, appendix J1. Hot water rinse temperature selection or water level, spin speed(s), wash times, and consumption is measured for all wash level available on that basic model, the rinse times applicable to that cycle,

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including water heating time for water performing two normal wash-rinse-spin that may result from the residential heating clothes washers.’’ DOE believes cycles using AHAM Standard detergent clothes washer standards rulemaking that requiring manufacturers to test IIA. 10 CFR part 430, subpart B, may eliminate such clothes washer temperature options available outside appendix J1. This detergent is obsolete models from the market entirely. DOE the normal cycle would result in clear and no longer supplied by AHAM or seeks information regarding an testing requirements. Combined with other suppliers. The current AHAM alternative specification for the clothes appropriate TUFs, the proposed test standard detergent is identified as washer to be used for preconditioning procedure would produce results that AHAM standard test detergent Formula that would allow for the use of more measure energy consumption of clothes 3. Because AHAM Standard detergent recent models. washers during a representative average IIA is no longer available to f. Water Supply Pressure use cycle or period of use, as required manufacturers, DOE proposes amending by 42 U.S.C. 6923(b)(3). the clothes washer test procedure to Section 2.4 of the current DOE clothes DOE notes that it has issued draft specify the use of AHAM standard test washer test procedure provides the guidance, available at http:// detergent Formula 3 in test cloth water pressure test conditions. www1.eere.energy.gov/buildings/ preconditioning. According to this section, ‘‘[t]he static appliance_standards/residential/pdfs/ Tests that DOE conducted with water pressure at the hot and cold water warm_rinse_guidance_july_30.pdf, AHAM standard test detergent Formula inlet connection of the clothes washer interpreting the definition of energy test 3 according to the existing DOE clothes shall be maintained at 35 pounds per cycle under the existing clothes washer washer test procedure suggest that the square inch gauge (psig) ±/¥ 2.5 psig test procedure. This draft guidance dosage that is specified in section (241.3 kPa ± 17.2 kPa) during the test. states DOE’s view that under the 2.6.3.1 for AHAM Standard detergent The static water pressure for a single existing test procedure, the energy test IIA—6.0 grams (g) per gallon of water— water inlet connection shall be cycle should include the warm rinse of may no longer be appropriate. At the maintained at the 35 psig ± 2.5 psig the cycle most comparable to the cycle end of test cloth preconditioning, (241.3 kPa ± 17.2 kPa) during the test. recommended by the manufacturer for undissolved clumps of detergent were A water pressure gauge shall be washing cotton or linen clothes if warm observed in the cloth load. Further, DOE installed in both the hot and cold water rinse is not available on the cotton or conducted extractor tests that indicate lines to measure water pressure.’’ 10 linen cycle. In addition, DOE reiterates that detergent dosage affects RMC CFR part 430, subpart B, appendix J1. in the guidance that under the existing measurements by as much as several DOE believes this description is test procedure, warm rinse is to be percent. ambiguous as to whether the nominal 35 measured as being used 27 percent of Instructions provided with AHAM psig water pressure is to be set under the time, regardless of whether the standard test detergent Formula 3 by static (non-flow) conditions and allowed warm rinse is available on the cotton or one supplier of standard test materials, to drop during flow due to the head linen cycle. SDL Atlas, indicate that the appropriate losses in the line, or whether the 35 psig DOE also notes that it has received dosage for this detergent is 27.0 g + 4.0 is to be maintained continuously under information from a manufacturer that g per pound of cloth load. In addition, all flow conditions during the test. In suggests that cycles that vary from the AHAM’s clothes dryer test standard, addition, the test procedure does not cotton or linen cycle by means of lower AHAM HLD–1–2009, specifies the same specify where the pressure spin speed result in a higher RMC than dosage of AHAM standard test detergent measurement is to be taken, which would be measured for the cotton or Formula 3 for test cloth pre-treatment. could lead to different results linen cycle, and therefore would not be Due to the problems associated with the depending on the pressure drops largely comparable to those for the cycle current dosage specification in the DOE associated with the water supply lines recommended by the manufacturer for clothes washer test procedure, DOE is between the gauge and the connection washing cotton or linen clothes or tentatively proposing to amend the test to the clothes washer. contribute to an accurate representation procedure to require 27.0 g + 4.0 g/lb of Tests conducted by DOE on a small of energy consumption as used by AHAM standard test detergent Formula sample of both front- and top-loading consumers if they were included in the 3 for test cloth preconditioning. clothes washers indicate that water energy test cycle. However, DOE is also seeking further supply pressure can affect water DOE requests comment on the information on the appropriate consumption during a wash cycle, and proposed definition of the energy test detergent concentration. the effect of water supply pressure on cycle and on how manufacturers total water use can vary depending on e. Clothes Washer for Test Cloth currently address wash/rinse the temperature settings selected. For Preconditioning temperature selection under the current tests at 10, 20, and 35 psig water supply definition, as well as the percentage of Section 2.6.3.1 of the current DOE pressure under flow conditions, water loads in which consumers use warm clothes washer test procedure delineates consumption varied by 10–30 percent rinse, as represented by the TUFs the requirements for preconditioning among the different pressure conditions discussed in section III.D.2.c.ii. DOE the test cloths using a clothes washer for for either hot wash/cold rinse or cold also requests comment on the selection which a maximum water level can be wash/cold rinse cycles. of cycles to be included in the energy set, the load can be washed for 10 The test data suggest that a water test cycle under section 1.7(B) of the test minutes, and the wash temperature can supply pressure of 20 psig under flow procedure to definitively account for be controlled to 135 °F ± 5 °F (57.2 °C conditions results in the most consistent temperature options available only ± 2.8 °C). 10 CFR part 430, subpart B, water use among different cycles for a outside the normal cycle. appendix J1. In interviews with DOE, given clothes washer. DOE believes that multiple manufacturers expressed 20 psig may represent typical static d. Detergent Specifications for Test concern that there are currently few pressure under flow conditions that Cloth Preconditioning clothes washers commercially available would result from 35 psig at non-flow The DOE clothes washer test that meet these requirements. They also conditions. DOE further believes that procedure currently specifies that the expressed concern that the more these conditions may be more test cloth be preconditioned by stringent energy conservation standards representative of water supply

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conditions that would be found in of spin speeds or spin times. The performance measures to the clothes typical residential settings than a methodology requires conducting tests washer test procedure. AHAM and BSH constant static pressure of 35 psig even to measure RMC at maximum spin commented that DOE should evaluate under flow conditions. settings with the maximum test load the feasibility of incorporating a However, DOE test procedures for size for cold rinse and, if any, for warm performance measure into the test other residential appliances more rinse, and then repeating the tests at procedure because, according to both, closely specify the 35 psig requirement minimum spin settings. These tests the efficiency level 4 and max-tech as being applicable under flow would result in two values of RMC at MEFs and WFs proposed in the August conditions. For example, section 2.4 of maximum load size, which are weighted 2009 framework document are the DOE test procedure for dishwashers to obtain final RMC. These two values approaching limits at which product (10 CFR part 430 subpart B, appendix C) are currently identified as RMCmax performance and consumer satisfaction specifies to ‘‘maintain the pressure of extraction and RMCmin extraction, which do may become an issue. AHAM noted it the water supply at 35 ± 2.5 pounds per not correspond to the nomenclature has a standard addressing performance, square inch gauge (psig) when the water used in the sections from which they are AHAM HLW–1, which is harmonized is flowing.’’ Dishwashers and clothes derived, sections 3.8.2 or section 3.8.3, with IEC Standard 60456, ‘‘Clothes washers would likely have the same respectively. In those sections, the washing machines for household use— water supply pressure when installed in measurement is designated as RMCmax. Methods for measuring the a house, so the test procedures for these DOE proposes to modify the performance.’’ Additionally, AHAM and products should include consistent nomenclature in section 3.8.4 to clarify BSH stated that Europe requires a water supply pressure specifications. that these are the values obtained from performance rating in addition to energy DOE is uncertain about which either section 3.8.2 or section 3.8.3. and water consumption requirements. interpretation of the water supply Section 4.1.4 of the current clothes BSH stated that DOE should review IEC pressure (i.e., 35 psig only for no-flow washer test procedure calculates the Standard 60456 for methods of assessing conditions, or 35 psig under all flow total per-cycle hot water energy performance. (AHAM, No. 15 at p. 2; conditions) has been assumed by consumption using gas-heated or oil- BSH, No. 9 at p. 1) ALS also expressed manufacturers and certification heated water. The equation listed in this concern that the standards have reached laboratories. DOE also lacks sufficient section contains a clerical error in the a point where increased efficiency information as to which interpretation symbol for total weighted per-cycle hot levels will result in unacceptable produces representative, repeatable water energy consumption. DOE washing, rinsing, and expected water consumption measurements. For proposes amending the equation to consumer utility performance, these reasons, DOE is not proposing in replace the incorrect symbol, HT, with especially in the standard capacity today’s notice amendments to its clothes the correct symbol, HET. DOE would vertical-axis product class. According to washer test procedure to more closely apply this amendment to both existing ALS, washing clothes requires both specify water supply pressure. DOE appendix J1 and new appendix J2 in 10 water and thermal energy, but higher seeks information about the conditions CFR part 430 subpart B. efficiency standards require decreasing under which clothes washers are Section 4.5 of the current clothes both. ALS commented that there already currently tested and invites comment on washer test procedure provides for the appears to be ‘‘consumer backlash’’ from the appropriate specification of the calculation of Energy Factor (EF). EF some owners of high-efficiency clothes water supply pressure. was the energy efficiency metric used to washers regarding the ability of these establish energy conservation standards g. Additional Revisions and washers to clean their laundry as for clothes washers manufactured before Clarifications expected. ALS recommended that DOE January 1, 2004. 10 CFR 430.32(g). This examine AHAM HLW–1, IEC Standard Section 2.6.4.5.3 of the current test metric is no longer used to determine 60456, and AS/NZS 2040.1 as possible procedure discusses standards compliance with energy conservation performance test procedures. (ALS, No. incorporated by reference for verifying standards, or in any other related 12 at pp. 1–2) Whirlpool commented the absence of water repellent finishes metrics. For example, the EnergyGuide that many of the candidate standard on the energy test cloth: AATCC Test labeling requirements specify levels in the August 2009 framework Method 118–1997, ‘‘Oil Repellency: identification of annual operating costs. document could only be met by Hydrocarbon Resistance Test’’ and 16 CFR part 305, appendix F1, appendix significantly compromising product AATCC Test Method 79–2000, F2. Annual operating cost is based on performance, and therefore provisions ‘‘Absorbency of Bleached Textiles.’’ 10 the per-cycle energy consumption, to ensure proper wash performance, CFR part 430, subpart B, appendix J1. rather than EF or MEF. 10 CFR 430.23(j). rinse performance, and an absence of To be consistent with referenced Therefore, DOE proposes to remove the fabric damage must be added to the test standards in other DOE test procedures, obsolete calculation of EF from the procedure. The comment referenced the DOE proposes to remove this paragraph clothes washer test procedure. from the clothes washer test procedure AHAM test procedure, HLW–1–2007, as and, instead, include these two AATCC 5. Test Procedure Performance a source for such performance criteria. test procedures in 10 CFR 430.3, Specifications (Whirlpool, No. 21 at p. 2) ‘‘Materials Incorporated by Reference.’’ The current DOE clothes washer test DOE has carefully considered these In addition, DOE proposes adding to 10 procedure does not include any comments and recognizes the benefits of CFR 430.3 the newly referenced AATCC provisions for evaluating the wash wash performance characterization, but Test Method 135–2004, ‘‘Dimensional quality of a clothes washer. The intent is not proposing to incorporate Changes of Fabrics after Home of the test procedure is to determine the measures of wash performance into the Laundering’’ for measuring shrinkage of water and energy consumption of a clothes washer test procedure. As stated the energy test cloth. clothes washer, regardless of its wash in EPCA, ‘‘[a]ny test procedures Section 3.8.4 provides test methods capabilities. prescribed or amended under this for measuring RMC for clothes washers In response to the August 2009 section shall be reasonably designed to that have options that result in different framework document, DOE received produce test results which measure RMC values, such as multiple selection multiple comments regarding adding energy efficiency, energy use * * * or

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estimated annual operating cost of a amended test procedure would produce discussed in section III.C.5 of this covered product during a representative test results that measure the standby, notice. average use cycle or period of use * * * off, delay start and cycle finished mode EPCA provides that test procedure and shall not be unduly burdensome to power consumption of a clothes washer amendments adopted to comply with conduct.’’ 42 U.S.C. 6293(b)(3). DOE during a representative average use the new EPCA requirements for standby will, however, consider wash cycle, and that the test procedure would and off mode energy consumption will performance and related impacts to not be unduly burdensome to conduct. not determine compliance with consumer utility in developing any DOE is also proposing amendments to previously established standards. (42 future energy conservation standards for the active washing mode portion of the U.S.C. 6295(gg)(2)(C)) Because DOE is residential clothes washers. clothes washer test procedure. Because proposing to adopt the amendments as these amendments would require a new appendix J1 to 10 CFR part 430 E. Compliance With Other EPCA manufacturers to make the same subpart B that manufacturers would not Requirements measurements as specified by the be required to use until the compliance 1. Test Burden current test procedure, DOE believes date of amended energy conservation that manufacturers likely would not standards for residential clothes As noted previously, under 42 U.S.C. require additional investment or washers, the test procedure 6293(b)(3), EPCA requires that ‘‘[a]ny equipment purchases to conduct the amendments pertaining to standby test procedures prescribed or amended energy testing as proposed in this mode and off mode energy consumption under this section shall be reasonably notice. The proposed water pressure that DOE proposes to adopt in this designed to produce test results which requirement may require some rulemaking would not apply to, and measure energy efficiency, energy use manufacturers to purchase additional would have no effect on, existing * * * or estimated annual operating pressure regulators, but DOE believes standards. cost of a covered product during a this expense would not be significant— 3. Commercial Clothes Washers representative average use cycle or on the order of hundreds of dollars. The period of use * * * and shall not be proposed amendments would also The test procedure for commercial unduly burdensome to conduct.’’ For the require additional time to conduct, clothes washers is required to be the reasons that follow, DOE has tentatively because manufacturers would need to same test procedure established for concluded that amending the relevant test additional cycles not included in residential clothes washers. (42 U.S.C. DOE test procedures to incorporate the current test procedure, such as self- 6314(a)(8)) Thus, the test procedure set clauses regarding test conditions and clean or steam wash cycles. DOE forth in appendix J1 of subpart B of 10 methods found in IEC Standard 62301, believes, however, that including these CFR part 430 is also currently used to along with the proposed modifications additional cycles in the test procedure test commercial clothes washers. (10 to the active washing mode test would provide for a more representative CFR part 431.154) If DOE were to apply procedure, would satisfy this measurement of machine energy the proposed new appendix J2 to requirement. efficiency and water use, and that the commercial clothes washers, the The proposed amendments to the time commitment required to test these impacts would be limited to the DOE test procedure incorporate a test additional cycles would not represent a proposed amendments associated with standard that is accepted internationally significant burden on manufacturers. active washing mode because for measuring power consumption in The current test procedure already commercial clothes washer standards standby mode and off mode. Based on requires multiple energy test cycles. are based on MEF and WF. These its analysis of IEC Standard 62301, DOE Testing self-clean and steam wash include proposed changes to the test determined that the proposed cycles, only on clothes washers offering load size specification, TUFs, DUF, test amendments to the clothes washer test these features, would likely increase the cloth specification, capacity procedure will produce standby mode total test time for these units by measurement, detergent specification, and off mode average power approximately 25 percent. and water supply pressure specification, consumption measurements that are which will have some effect on the representative of an average use cycle, 2. Integration of Standby Mode and Off measured energy and water efficiencies both when the measured power is stable Mode Energy Consumption Into the of a commercial clothes washer. DOE and when the measured power is Efficiency Metrics believes that the most significant unstable (i.e., when the measured power Section 325(gg)(2)(A) of EPCA impacts could be associated with the varies by 5 percent or more during 30 requires that standby mode and off proposed amendments for capacity minutes.) Additionally, DOE is mode energy consumption be measurement and usage factors, but proposing similar provisions for ‘‘integrated into the overall energy does not have information to evaluate measuring power in additional active efficiency, energy consumption, or other any impacts for commercial clothes modes (delay start and cycle finished energy descriptor for each covered washers. Therefore, DOE welcomes modes). The test methods and product’’ unless the current test inputs on the effects of the proposed equipment that the amendments would procedures already fully account for the amendments in appendix J2 on the require for measuring power in these standby mode and off mode energy measured energy and water efficiencies modes are not substantially different consumption or if such an integrated of commercial clothes washers. from the test methods and equipment test procedure is technically infeasible. required in the current DOE test (42 U.S.C. 6295(gg)(2)(A)) DOE proposes F. Impact of the Proposed Amendments procedure for measuring the product’s to incorporate the clothes washer on EnergyGuide and ENERGY STAR energy consumption in active washing standby and off mode energy DOE considered potential impacts of mode. Therefore, the proposed test consumption, in addition to energy the proposed test procedure procedure would not require consumption in delay start and cycle amendments to the FTC EnergyGuide manufacturers to make a major finished modes, into a ‘‘per-cycle requirements and determined that there investment in test facilities and new standby, off, delay start and cycle will be no impact. DOE also considered equipment. For these reasons, DOE has finished mode energy consumption,’’ potential impacts of the proposed test tentatively concluded that the proposed expressed in kWh, and into an IMEF, as procedure amendments to the EPA/DOE

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ENERGY STAR voluntary labeling Affairs (OIRA) in the Office of be used to demonstrate compliance with program. The ENERGY STAR program Management and Budget (OMB). energy conservation standards. The for clothes washers is based on MEF and proposed test procedure amendments B. Review Under the Regulatory WF. DOE notes that the calculation of for standby, off, delay start and cycle Flexibility Act MEF could be affected by the proposed finished modes involve measuring revisions incorporating the energy and The Regulatory Flexibility Act (5 power input when the clothes washer is water consumption for warm wash/ U.S.C. 601 et seq.) requires preparation in these modes. These tests can be warm rinse cycles. These proposed of an initial regulatory flexibility conducted in the same facilities used for revisions should not affect the analysis for any rule that by law must the current energy testing of these calculated MEF for the majority of be proposed for public comment, unless products, so it is anticipated that clothes washers, but could have some the agency certifies that the proposed manufacturers would not incur any effect on clothes washers offering a rule, if promulgated, will not have a additional facilities costs as a result of warm/warm temperature selection only significant economic impact on a the proposed test procedure for cycle setting(s) other than the cycle substantial number of small entities. As amendments. The power meter required setting recommended by the required by Executive Order 13272, for these tests might require greater manufacturer for cotton or linen ‘‘Proper Consideration of Small Entities accuracy than the power meter used for clothing. The calculations of both MEF in Agency Rulemaking,’’ 67 FR 53461 current energy testing, but the and WF could also be affected by the (August 16, 2002), DOE published investment required for a possible proposed revision to the clothes procedures and policies on February 19, instrumentation upgrade is a one-time container capacity measurement, 2003, to ensure that the potential cost, expected to be approximately a few depending on how manufacturers are impacts of its rules on small entities are thousand dollars. The duration of each currently interpreting the nonspecific properly considered during the test period is roughly 40 minutes water fill level specification. As part of rulemaking process. 68 FR 7990. DOE’s (comprising a 30-minute stabilization the current residential clothes washer procedures and policies may be viewed period and 10-minute test period). This energy conservation standards on the Office of the General Counsel’s is comparable to approximately half the rulemaking, DOE would analyze any Web site (http://www.gc.doe.gov). time required to conduct a single energy potential impact of the proposed test DOE reviewed today’s proposed rule test cycle. Each clothes washer tested procedure on calculated MEF values. under the provisions of the Regulatory requires, on average, approximately 15 Flexibility Act and the procedures and test cycles for energy testing, which G. Elimination of the Obsolete Clothes policies published on February 19, equates to about three days of testing. Washer Test Procedure 2003. DOE has tentatively concluded For clothes washers offering all relevant that the proposed rule would not have DOE proposes to delete appendix J to non-active washing modes—inactive, a significant impact on a substantial off, delay start, and cycle finished—DOE subpart B of 10 CFR part 430 along with number of small entities. The factual all references to appendix J in 10 CFR estimates roughly an 11-percent basis for this certification is as follows: increase in total test period duration. 430.23. Appendix J applies only to The Small Business Administration clothes washers manufactured before DOE also estimates that it costs a (SBA) considers a business entity to be manufacturer approximately $2,300 on January 1, 2004 and is therefore small business, if, together with its obsolete. Appendix J1 to subpart B of 10 average, including the cost of affiliates, it employs less than a consumables, to conduct energy testing CFR part 430 provides an applicable test threshold number of workers specified procedure for all clothes washers for a particular clothes washer. DOE in 13 CFR part 121. These size standards further estimates that the cost of currently available on the market. DOE and codes are established by the North proposes to maintain the current additional testing for non-active American Industry Classification washing modes would average $200 per naming of appendix J1, rather than System (NAICS). The threshold number renaming it as appendix J, and to machine, a 9-percent increase over for NAICS classification code 335224, current test costs. DOE believes these establish new appendix J2 to simplify which applies to household laundry the changes required. DOE has additional requirements for equipment equipment manufacturers and includes and time and additional cost to conduct previously used this approach of clothes washer manufacturers, is 1,000 retaining later versions of appendices to the proposed non-active washing mode employees. Searches of the SBA Web tests would not be expected to impose subpart B of 10 CFR part 430 when site 16 to identify clothes washer deleting the original version, including a significant economic burden on manufacturers within these NAICS entities subject to the applicable testing appendix A1, ‘‘Uniform Test Method for codes identified, out of approximately Measuring the Energy Consumption of requirements. Although the small 17 manufacturers supplying clothes business has significantly lower sales Electric Refrigerators and Electric washers in the United States, only one Refrigerator-Freezers,’’ and appendix B1, than other manufacturers over which to small business. This small business amortize these additional costs, it only ‘‘Uniform Test Method for Measuring manufactures laundry appliances, the Energy Consumption of Freezers.’’ produces a single platform which would including clothes washers. The other be subject to the proposed non-active IV. Procedural Requirements manufacturers supplying clothes washing mode tests and thus the total washers are large multinational additional cost for these tests would be A. Review Under Executive Order 12866 corporations. on the order of $2,500. The proposed rule would amend Today’s regulatory action is not a The proposed test procedure DOE’s test procedure by incorporating ‘‘significant regulatory action’’ under amendments for the active washing testing provisions to address active section 3(f) of Executive Order 12866, mode would increase test burden by mode, standby mode, and off mode Regulatory Planning and Review, 58 FR imposing a requirement for conducting energy and water consumption that will 51735 (October 4, 1993). Accordingly, test cycles under two additional this proposed action was not subject to 16 A searchable database of certified small conditions, steam and self-clean, for review under the Executive Order by the businesses is available online at: http:// those clothes washers equipped with Office of Information and Regulatory dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm. such features. The testing conditions

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and equipment for these cycles are the average 30 hours per response, determined that it would not preempt same as already required for the other including the time for reviewing State law and would not have a energy test cycles, and manufacturers instructions, searching existing data substantial direct effect on the States, on are already required to conduct sources, gathering and maintaining the the relationship between the national measurements for multiple energy test data needed, and completing and government and the States, or on the cycles. Additionally, as discussed in reviewing the collection of information. distribution of power and section III.E.1, the additional time Send comments regarding this burden responsibilities among the various required for the testing steam and self- estimate, or any other aspect of this data levels of government. EPCA governs and clean cycles would increase the test collection, including suggestions for prescribes Federal preemption of State period by roughly 25 percent, from reducing the burden, to DOE (see regulations as to energy conservation for approximately three days to nearly four ADDRESSES) and by e-mail to the products that are the subject of days total duration. DOE estimates that [email protected]. today’s proposed rule. States can the average test cost increment per Notwithstanding any other provision petition DOE for exemption from such machine for these proposed active mode of the law, no person is required to preemption to the extent, and based on amendments would be approximately respond to, nor shall any person be criteria, set forth in EPCA. (42 U.S.C. $600. Test burden could potentially also subject to a penalty for failure to comply 6297(d)) Therefore, Executive Order be increased by the proposed with, a collection of information subject 13132 requires no further action. amendment to the water supply to the requirements of the PRA, unless F. Review Under Executive Order 12988 pressure requirement if a manufacturer that collection of information displays a were required to install additional currently valid OMB Control Number. Regarding the review of existing equipment to maintain 35 psig under regulations and the promulgation of D. Review Under the National new regulations, section 3(a) of flow conditions. The cost of this Environmental Policy Act of 1969 equipment, as discussed in section Executive Order 12988, ‘‘Civil Justice III.E.1, would not be significant, on the In this proposed rule, DOE proposes Reform,’’ 61 FR 4729 (February 7, 1996), order of hundreds of dollars. The test procedure amendments that it imposes on Federal agencies the general proposed amendments for additional expects will be used to develop and duty to adhere to the following extractor tests for determining RMC implement future energy conservation requirements: (1) Eliminate drafting coefficients also represent an increased standards for clothes washers. DOE has errors and ambiguity, (2) write burden for the limited number of determined that this rule falls into a regulations to minimize litigation, (3) entities that conduct such tests. class of actions that are categorically provide a clear legal standard for However, these tests are limited to excluded from review under the affected conduct rather than a general qualification of a new test cloth lot, and National Environmental Policy Act of standard, and (4) promote simplification do not need to be performed by every 1969 (42 U.S.C. 4321 et seq.) and DOE’s and burden reduction. Section 3(b) of manufacturer because the coefficients implementing regulations at 10 CFR part Executive Order 12988 specifically are made available to the public on 1021. Specifically, this rule amends an requires that executive agencies make DOE’s website. Therefore, DOE does not existing rule without changing its every reasonable effort to ensure that the believe these proposed amendments environmental effect and, therefore, is regulation specifies the following: (1) would have a significant impact on a covered by the Categorical Exclusion in The preemptive effect, if any; (2) any substantial number of small entities. 10 CFR part 1021, subpart D, paragraph effect on existing Federal law or Because the one small business only A5. Accordingly, neither an regulation; (3) a clear legal standard for manufactures a single platform, it would environmental assessment nor an affected conduct while promoting be subject to total additional costs of environmental impact statement is simplification and burden reduction; (4) approximately $1,000 associated with required. the retroactive effect, if any; (5) definitions of key terms; and (6) other the proposed active washing mode E. Review Under Executive Order 13132 amendments. important issues affecting clarity and For these reasons, DOE tentatively Executive Order 13132, ‘‘Federalism,’’ general draftsmanship under any concludes and certifies that the imposes certain requirements on guidelines issued by the Attorney proposed rule would not have a agencies formulating and implementing General. Section 3(c) of Executive Order significant economic impact on a policies or regulations that preempt 12988 requires Executive agencies to substantial number of small entities. State law or that have federalism review regulations in light of applicable Accordingly, DOE has not prepared a implications. 64 FR 43255 (August 4, standards in sections 3(a) and 3(b) to regulatory flexibility analysis for this 1999). The Executive Order requires determine whether they are met or rulemaking. DOE seeks comment on its agencies to examine the constitutional whether it is unreasonable to meet one certification and will transmit the and statutory authority supporting any or more of them. DOE has completed the certification and supporting statement action that would limit the required review and determined that, to of factual basis to the Chief Counsel for policymaking discretion of the States, the extent permitted by law, this Advocacy of the SBA for review under and to carefully assess the necessity for proposed rule meets the relevant 5 U.S.C. 605(b). such actions. The Executive Order also standards of Executive Order 12988. requires agencies to have an accountable C. Review Under the Paperwork process to ensure meaningful and timely G. Review Under the Unfunded Reduction Act of 1995 input by State and local officials in the Mandates Reform Act of 1995 This NOPR contains a collection-of- development of regulatory policies that Title II of the Unfunded Mandates information requirement subject to the have Federalism implications. On Reform Act of 1995 (UMRA) (Pub. L. Paperwork Reduction Act (PRA) which March 14, 2000, DOE published a 104–4; 2 U.S.C. 1501 et seq.) requires has been approved by OMB under statement of policy describing the each Federal agency to assess the effects control number 1910–1400. Public intergovernmental consultation process of Federal regulatory actions on State, reporting burden for compliance that it will follow in developing such local, and Tribal governments and the reporting for energy and water regulations. 65 FR 13735. DOE private sector. For a proposed regulatory conservation standards is estimated to examined this proposed rule and action likely to result in a rule that may

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cause the expenditure by State, local, each agency pursuant to general the public of the use and background of and Tribal governments, in the guidelines issued by OMB. OMB’s such standards. In addition, section aggregate, or by the private sector, of guidelines were published at 67 FR 32(c) requires DOE to consult with the $100 million or more in any one year 8452 (February 22, 2002), and DOE’s Attorney General and the Chairman of (adjusted annually for inflation), section guidelines were published at 67 FR the Federal Trade Commission (FTC) 202 of UMRA requires a Federal agency 62446 (October 7, 2002). DOE has concerning the impact of the to publish estimates of the resulting reviewed today’s notice under OMB and commercial or industry standards on costs, benefits, and other effects on the DOE guidelines and has concluded that competition. national economy. (2 U.S.C. 1532(a),(b)) it is consistent with applicable policies The proposed modifications to the UMRA also requires a Federal agency to in those guidelines. test procedure addressed by this action develop an effective process to permit K. Review Under Executive Order 13211 incorporate testing methods contained timely input by elected officers of State, in the commercial standard, IEC local, and Tribal governments on a Executive Order 13211, ‘‘Actions Standard 62301. DOE has evaluated this proposed ‘‘significant intergovernmental Concerning Regulations That standard and is unable to conclude mandate,’’ and requires an agency plan Significantly Affect Energy Supply, whether it fully complies with the for giving notice and opportunity for Distribution, or Use,’’ 66 FR 28355 (May requirements of section 32(b) of the timely input to potentially affected 22, 2001), requires Federal agencies to FEAA (i.e., whether it was developed in small governments before establishing prepare and submit to OIRA a Statement a manner that fully provides for public any requirements that might of Energy Effects for any proposed participation, comment, and review.) significantly or uniquely affect such significant energy action. A ‘‘significant DOE will consult with the Attorney governments. On March 18, 1997, DOE energy action’’ is defined as any action General and the Chairman of the FTC published a statement of policy on its by an agency that promulgates or is about the impact on competition of process for intergovernmental expected to lead to promulgation of a using the methods contained in this consultation under UMRA. 62 FR final rule, and that (1) Is a significant standard, before prescribing a final rule. 12820. (The policy is also available at regulatory action under Executive Order http://www.gc.doe.gov). Today’s 12866, or any successor order; and (2) V. Public Participation proposed rule contains neither an is likely to have a significant adverse A. Attendance at Public Meeting intergovernmental mandate nor a effect on the supply, distribution, or use The time, date, and location of the mandate that may result in an of energy; or (3) is designated by the public meeting are listed in the DATES expenditure of $100 million or more in Administrator of OIRA as a significant and ADDRESSES sections at the beginning any year, so these requirements do not energy action. For any proposed of this NOPR. To attend the public apply. significant energy action, the agency must give a detailed statement of any meeting, please notify Ms. Brenda H. Review Under the Treasury and adverse effects on energy supply, Edwards at (202) 586–2945. As General Government Appropriations distribution, or use if the proposal is explained in the ADDRESSES section, Act, 1999 implemented, and of reasonable foreign nationals visiting DOE Section 654 of the Treasury and alternatives to the action and their Headquarters are subject to advance General Government Appropriations expected benefits on energy supply, security screening procedures. Act, 1999 (Pub. L. 105–277) requires distribution, and use. Today’s proposed B. Procedure for Submitting Requests To Federal agencies to issue a Family regulatory action, which proposes Speak Policymaking Assessment for any rule amendments to the test procedure for that may affect family well-being. measuring the energy efficiency of Any person who has an interest in Today’s proposed rule would not have residential clothes washers, is not a today’s NOPR, or who is a any impact on the autonomy or integrity significant regulatory action under representative of a group or class of of the family as an institution. Executive Order 12866 or any successor persons that has an interest in these Accordingly, DOE has concluded that it order; would not have a significant issues, may request an opportunity to is not necessary to prepare a Family adverse effect on the supply, make an oral presentation at the public Policymaking Assessment. distribution, or use of energy; and has meeting. Such persons may hand- not been designated by the deliver requests to speak to the address I. Review Under Executive Order 12630 Administrator of OIRA as a significant shown in the ADDRESSES section at the DOE has determined, under Executive energy action. Therefore, it is not a beginning of this NOPR between 9 a.m. Order 12630, ‘‘Governmental Actions significant energy action, and, and 4 p.m., Monday through Friday, and Interference with Constitutionally accordingly, DOE has not prepared a except Federal holidays. Requests may Protected Property Rights,’’ 53 FR 8859 Statement of Energy Effects. also be sent by mail or e-mail to Ms. (March 18, 1988), that this proposed Brenda Edwards, U.S. Department of L. Review Under Section 32 of the regulation would not result in any Energy, Building Technologies Program, Federal Energy Administration (FEA) takings that might require compensation Mailstop EE–2J, 1000 Independence Act of 1974 under the Fifth Amendment to the U.S. Avenue, SW., Washington, DC 20585– Constitution. Under section 301 of the DOE 0121, or [email protected]. Organization Act (Pub. L. 95–91; 42 Persons who wish to speak should J. Review Under the Treasury and U.S.C. 7101 et seq.), DOE must comply include in their request a computer General Government Appropriations with section 32 of the Federal Energy diskette or CD in WordPerfect, Microsoft Act, 2001 Administration Act of 1974, as amended Word, PDF, or text (ASCII) file format Section 515 of the Treasury and by the Federal Energy Administration that briefly describes the nature of their General Government Appropriations Authorization Act of 1977 (FEAA). (15 interest in this rulemaking and the Act, 2001 (44 U.S.C. 3516 note) provides U.S.C. 788) Section 32 essentially topics they wish to discuss. Such for agencies to review most provides that, where a proposed rule persons should also provide a daytime disseminations of information to the authorizes or requires use of commercial telephone number where they can be public under guidelines established by standards, the rulemaking must inform reached.

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DOE requests persons selected to L’Enfant Plaza, SW., Washington, DC adequacy of IEC Standard 62301 to make an oral presentation to submit an 20024, (202) 586–2945, between 9 a.m. measure standby and off mode power advance copy of their statements at least and 4 p.m., Monday through Friday, consumption for clothes washers, and one week before the public meeting. except Federal holidays. Copies of the the suitability of incorporating into DOE DOE may permit persons who cannot transcript are available for purchase regulations the specific provisions supply an advance copy of their from the transcribing reporter and will described in section III.C.1 of this statement to participate, if those persons also be made available on DOE’s Web notice; have made advance alternative site at http://www1.eere.energy.gov/ 2. Clothes washer modes. DOE invites arrangements with the Building buildings/appliance_standards/ comment on the proposed establishment Technologies Program. Requests to give residential/clothes_washers.html. of inactive mode as the only standby an oral presentation should ask for such mode for clothes washers and the D. Submission of Comments alternative arrangements. determination that ‘‘delay start mode’’ DOE will accept comments, data, and and ‘‘cycle finished mode’’ and ‘‘self- C. Conduct of Public Meeting information regarding the proposed rule clean mode’’ would be considered DOE will designate a DOE official to before or after the public meeting, but additional active modes. DOE further preside at the public meeting and may no later than the date provided at the invites comment on the proposed mode also use a professional facilitator to aid beginning of this notice. Comments, definitions, including the definition of discussion. The meeting will not be a data, and information submitted to ‘‘self-clean’’ mode, and on the question judicial or evidentiary-type public DOE’s e-mail address for this of whether there are any modes hearing, but DOE will conduct it in rulemaking should be provided in consistent with the ‘‘active mode,’’ accordance with section 336 of EPCA WordPerfect, Microsoft Word, PDF, or ‘‘standby mode,’’ or ‘‘off mode’’ (42 U.S.C. 6306). A court reporter will text (ASCII) file format. Interested definitions that have not been identified be present to record the proceedings and parties should avoid the use of special in this NOPR that represent significant prepare a transcript. DOE reserves the characters or any form of encryption, energy use (see section III.C.2.); right to schedule the order of and wherever possible comments 3. Default settings. DOE welcomes presentations and to establish the should include the electronic signature comment on the suitability of using the procedures governing the conduct of the of the author. Comments, data, and default settings in testing standby public meeting. After the public information submitted to DOE via mail energy consumption, and on any meeting, interested parties may submit or hand delivery/courier should include methodologies that can account for further comments on the proceedings as one signed original paper copy. No consumer actions that might increase well as on any aspect of the rulemaking telefacsimiles (faxes) will be accepted. energy use and data on the repeatability until the end of the comment period. According to 10 CFR 1004.11, any of such testing procedures (see section The public meeting will be conducted person submitting information that he III.C.3.); in an informal, conference style. DOE or she believes to be confidential and 4. Delay start mode. DOE welcomes will present summaries of comments exempt by law from public disclosure comment on the methodology proposed received before the public meeting, should submit two copies: one copy of for measuring delay start mode (see allow time for presentations by the document that includes all of the section III.C.3); participants, and encourage all information believed to be confidential, 5. Test room ambient temperature. interested parties to share their views on and one copy of the document with that DOE seeks comment on the issues affecting this rulemaking. Each information deleted. DOE will appropriateness of the proposed participant will be allowed to make a determine the confidential status of the modified test room ambient temperature prepared general statement (within time information and treat it accordingly. range, which would allow limits determined by DOE), before the Factors of interest to DOE when manufacturers to conduct standby and discussion of specific topics. DOE will evaluating requests to treat submitted off mode testing separately from permit other participants to comment information as confidential include (1) performance testing under the less briefly on any general statements. At the A description of the items, (2) whether stringent ambient conditions specified end of all prepared statements on each and why such items are customarily in the IEC Standard 62301 (73.4 ± 9 °F) specific topic, DOE will permit treated as confidential within the (see section III.C.3.); participants to clarify their statements industry, (3) whether the information is 6. Energy use calculation. DOE invites briefly and comment on statements generally known by or available from comment on the approach for made by others. other sources, (4) whether the calculating energy use for the various Participants should be prepared to information was previously made operating modes for clothes washers. answer DOE’s and other participants’ available to others without obligation DOE also invites comment on the questions. DOE representatives may also concerning its confidentiality, (5) an allocation of annual hours and test ask participants about other matters explanation of the competitive injury to burden, as well as the alternative relevant to this rulemaking. The official the submitting person that would result methodology for allocation of annual conducting the public meeting will from public disclosure, (6) when such hours (see section III.C.4.); accept additional comments or information might lose its confidential 7. New integrated measures of energy questions from those attending, as time character due to the passage of time, and consumption and energy efficiency. permits. The presiding official will (7) why disclosure of the information DOE invites comment on the proposed announce any further procedural rules would be contrary to the public interest. plan to establish new integrated or modification of the above procedures measures of energy consumption for that may be needed for the proper E. Issues on Which DOE Seeks Comment clothes washers: ‘‘per-cycle standby, off, conduct of the public meeting. DOE is particularly interested in delay start, and cycle finished mode DOE will make the entire record of receiving comments and views of energy consumption’’ and ‘‘per-cycle this proposed rulemaking, including the interested parties on the following self-clean mode energy consumption,’’ transcript from the public meeting, issues: expressed in kWh, and a new integrated available for inspection at the U.S. 1. Incorporation of IEC Standard measure of energy efficiency for clothes Department of Energy, 6th Floor, 950 62301. DOE invites comment on the washers: ‘‘integrated modified energy

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factor’’ expressed in ft3 per kWh per DOE welcomes any relevant data on this specifications for the clothes washer cycle. (see section III.C.5); topic (see section III.D.2.b); used in test cloth preconditioning, 8. Annual energy cost calculation. 14. Use factors. DOE requests including whether clothes washers DOE invites comment on the proposed comment on the validity of the currently meeting the specifications decision to maintain the existing annual proposed use factors for temperature, may be rendered obsolete by potential energy cost calculation set forth in 10 load size, and dryer use, and of the data new residential clothes washer energy CFR 430.23, which does not include sources used to estimate these values. conservation standards (see section self-clean, standby, off, delay start, or Additionally, DOE seeks comment on III.D.4.e); cycle finished mode energy the proposed revision to the warm rinse 21. Water supply pressure. DOE seeks consumption. One alternative way of measurements, including the validity of information about the conditions under incorporating self-clean, standby, off, the proposed warm wash/warm rinse which clothes washers are currently delay start, and cycle finished mode TUF of 0.27. DOE also welcomes tested, and invites comment on the energy consumption in the annual comment regarding the proposed load appropriate specification of the water energy cost calculation would be to add adjustment factor to be used in the RMC supply pressure (see section III.D.4.f); per-cycle standby, off, delay start, and calculation. Stakeholders may submit and cycle finished mode energy any additional relevant data regarding 22. Impact on commercial clothes consumption and per-cycle self-clean these use factors (see section III.D.2.c); washers. DOE requests comment on mode energy consumption to the total 15. Test cloth. DOE invites comment how the proposed amendments in new per-cycle energy consumption in the on and data regarding the proposed appendix J2 of subpart B to 10 CFR part annual energy cost calculations in 10 updated test cloth specifications and 430 would impact the measured energy CFR 430.23(j)(1)(i) and (ii) (see section correlation procedure (see section and water efficiencies of commercial III.C.5); III.D.3); clothes washers. DOE welcomes any 9. Steam wash cycles. DOE requests 16. Capacity measurement method. relevant data on this topic (see section DOE welcomes comment on whether comment on the proposed inclusion of III.E.2). the energy and water consumption of a the proposed method for measuring steam wash cycle to the clothes washer clothes container capacity provides for VI. Approval of the Office of the test procedure, including the associated a representative measurement of the Secretary use factor. DOE also requests any data volume that a dry clothes load could The Secretary of Energy has approved available regarding consumer use of occupy within the clothes container publication of today’s notice of steam wash cycles (see section III.D.1.a); during washer operation, and on proposed rulemaking. 10. Self-clean cycles. DOE invites whether any other valid measurement comment on self-clean cycles for clothes method is available (see section List of Subjects in 10 CFR Part 430 washers, including the proposed III.D.4.a); Administrative practice and definition, inclusion of self-clean cycle 17. New integrated measure of water procedure, Energy conservation, energy and water use into the IMEF and consumption. DOE invites comment on Household appliances. IWF calculations, and on whether any the proposal to establish a new relevant data is available regarding integrated measure of water Issued in Washington, DC, on August 27, availability and consumer use of self- consumption for clothes washers, 2010. clean cycles (see section III.D.1.b); ‘‘integrated water consumption factor’’ Cathy Zoi, 11. Adaptive control and demand expressed in gallons per cubic foot. DOE Assistant Secretary, Energy Efficiency and response technologies. DOE requests requests comment on the validity of Renewable Energy. comment on whether any clothes including water consumption from all For the reasons stated in the washers are currently available on the test cycles, including self-clean cycles, preamble, DOE proposes amending part market offering soil-sensing adaptive into the proposed calculation of IWF. 430 of chapter II of title 10, Code of controls or demand response features. DOE also requests comment on whether Federal Regulations, to read as set forth DOE also requests information on load the IWF calculation would result in a below: size and fabric content, the possible use significant test burden (see section of a soiled test load to determine energy III.D.4.b); PART 430—ENERGY CONSERVATION and water use in the presence of soil- 18. Energy test cycle definition. DOE PROGRAM FOR CONSUMER sensing adaptive controls, appropriate welcomes comment on the proposed PRODUCTS methodologies for measuring energy definition of the energy test cycle, and 1. The authority citation for part 430 consumption in a network mode, and on how manufacturers currently address continues to read as follows: data on the repeatability of such testing wash and rinse temperature selection (see sections III.D.1.c and III.D.1.d); under the current definition. DOE also Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 12. Representative number of annual requests comment on the selection 2461 note. cycles. DOE welcomes comment on the cycles to be included in the energy test 2. Section 430.3 is amended by: appropriateness of the proposed 295 cycle under section 1.7(B) of the test a. Redesignating paragraphs (b) clothes washer cycles per year, and on procedure to definitively account for through (o) as (c) through (p); the validity of using the 2005 temperature options available only b. Adding new paragraph (b). Residential Energy Consumption Survey outside the normal cycle. (see section The additions read as follows: (RECS) to establish this estimate. DOE III.D.4.c); also seeks any additional data available 19. Detergent specifications. DOE § 430.3 Materials incorporated by on this issue (see section III.D.2.a); welcomes comment on the proposed reference. 13. Test load size specifications. DOE updated detergent formulation and * * * * * invites comment on the proposed test associated dosage for test cloth (b) AATCC. American Association of load sizes, and on whether the linear preconditioning (see section III.D.4.d); Textile Chemists and Colorists, P.O. Box relationship between test load size and 20. Clothes washer for 1215, Research Triangle Park, NC 27709, clothes washer container volume is preconditioning. DOE requests comment 919–549–8141, or go to http:// representative of actual consumer use. on the proposed revisions to the www.aatcc.org.

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(1) AATCC Test Method 79–2000, being rounded off to the nearest dollar Appendix J1 to Subpart B of Part 430— Absorbency of Bleached Textiles, per year. Uniform Test Method for Measuring the (reaffirmed 2000), IBR approved for (2)(i) The modified energy factor for Energy Consumption of Automatic and Appendix J1 to Subpart B. automatic and semi-automatic clothes Semi-Automatic Clothes Washers (2) AATCC Test Method 118–1997, washers is determined in accordance Appendix J1 is effective until the Oil Repellency: Hydrocarbon Resistance with 4.4 of appendix J1 before appendix compliance date of any amended standards Test, reaffirmed (1997), IBR approved J2 becomes mandatory and 4.6 of for residential clothes washers. After this for Appendix J1 to Subpart B. appendix J2 when appendix J2 becomes date, all residential clothes washers shall be (3) AATCC Test Method 135–2004, mandatory. The result shall be rounded tested using the provisions of Appendix J2 of Dimensional Changes of Fabrics after off to the nearest 0.01 cubic foot per this appendix. Home Laundering, reaffirmed (2004), kilowatt-hours. * * * * * IBR approved for Appendix J1 to (ii) The integrated modified energy 4. Calculation of Derived Results From Test Measurements. Subpart B. factor for automatic and semi-automatic * * * * * clothes washers is determined in * * * * * 3. Section 430.23 is amended by accordance with 4.7 of appendix J2 4.1.4 Total per-cycle hot water energy consumption using gas-heated or oil-heated revising paragraph (j) to read as follows: when appendix J2 becomes mandatory. water. Calculate for the energy test cycle the The result shall be rounded off to the per-cycle hot water consumption, HETG, § 430.23 Test procedures for the nearest 0.01 cubic foot per kilowatt- measurement of energy and water using gas-heated or oil-heated water, consumption. hours. expressed in Btu per cycle (or megajoules per (3) Other useful measures of energy cycle) and defined as: * * * * * × × consumption for automatic or semi- HETG = HET 1/e 3412 Btu/kWh or HETG (j) Clothes washers. (1) The estimated × × automatic clothes washers shall be those = HET 1/e 3.6 MJ/kWh annual operating cost for automatic and Where: semi-automatic clothes washers shall measures of energy consumption which e = Nominal gas or oil water heater efficiency be— the Secretary determines are likely to assist consumers in making purchasing = 0.75. (i) When electrically heated water is decisions and which are derived from HET = As defined in 4.1.3. used, the product of the following three the application of appendix J1 before * * * * * factors: the date that appendix J2 becomes 6. Add a new Appendix J2 to subpart (A) The representative average-use of mandatory or appendix J2 upon the date B of part 430 to read as follows: 392 cycles per year, that appendix J2 becomes mandatory. In Appendix J2 to Subpart B of Part 430— (B) The total per-cycle energy addition, the annual water consumption consumption when electrically heated Uniform Test Method for Measuring the of a clothes washer can be determined Energy Consumption of Automatic and water is used, determined according to by the product of: 4.1.7 of appendix J1 before appendix J2 Semi-Automatic Clothes Washers (A) The representative average-use of becomes mandatory and 4.1.7 of Appendix J1 is effective until the appendix J2 when appendix J2 becomes 392 cycles per year, and compliance date of any amended standards mandatory (see the note at the beginning (B) The total weighted per-cycle water for residential clothes washers. After this of appendix J2), and consumption for cold wash in gallons date, all residential clothes washers shall be (C) The representative average unit per cycle determined according to 4.2.2 tested using the provisions of Appendix J2. cost in dollars per kilowatt-hour as of appendix J1 before appendix J2 1. Definitions and Symbols becomes mandatory and 4.2.12 of provided by the Secretary, the resulting 1.1 Active mode means a mode in which product then being rounded off to the appendix J2 when appendix J2 becomes the clothes washer is connected to a main nearest dollar per year, and mandatory. The water consumption power source, has been activated, and is (ii) When gas-heated or oil-heated factor can be determined in accordance performing one or more of the main functions water is used, the product of: the with 4.2.3 of appendix J1 before of washing, soaking, tumbling, agitating, representative average-use of 392 cycles appendix J2 becomes mandatory and rinsing, and/or removing water from the 4.2.15 of appendix J2 when appendix J2 clothing, or is involved in functions per year and the sum of both: necessary for these main functions, such as (A) The product of the per-cycle becomes mandatory. The integrated water consumption factor can be admitting water into the washer or pumping machine electrical energy consumption water out of the washer. Active mode also in kilowatt-hours per cycle, determined determined in accordance with 4.2.16 of includes delay start, cycle finished, and self- according to 4.1.6 of appendix J1 before appendix J2 when appendix J2 becomes clean modes. appendix J2 becomes mandatory and mandatory. The remaining moisture 1.2 Active washing mode means a mode 4.1.6 of appendix J2 when appendix J2 content can be determined in in which the clothes washer is performing becomes mandatory, and the accordance with 3.8 of appendix J1 any of the operations included in a complete before appendix J2 becomes mandatory cycle intended for washing a clothing load, representative average unit cost in including the main functions of washing, dollars per kilowatt-hours as provided and 3.8 of appendix J2 when appendix J2 becomes mandatory. soaking, tumbling, agitating, rinsing, and/or by the Secretary, and removing water from the clothing. (B) The product of the per-cycle water * * * * * 1.3 Adaptive control system means a energy consumption for gas-heated or Appendix J—[Removed] clothes washer control system, other than an oil-heated water in Btu per cycle, adaptive water fill control system, which is determined according to 4.1.4 of 4. Appendix J to subpart B of part 430 capable of automatically adjusting washer appendix J1 before appendix J2 becomes is removed. operation or washing conditions based on mandatory and 4.1.4 of appendix J2 characteristics of the clothes load placed in Appendix J1—[Amended] the clothes container, without allowing or when appendix J2 becomes mandatory, requiring consumer intervention or actions. and the representative average unit cost 5. Appendix J1 to subpart B of part The automatic adjustments may, for example, in dollars per Btu for oil or gas, as 430 is amended by revising the include automatic selection, modification, or appropriate, as provided by the introductory text after the heading; and control of any of the following: Wash water Secretary, the resulting product then section 4.1.4. to read as follows. temperature, agitation or tumble cycle time,

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number of rinse cycles, and spin speed. The Electrotechnical Commission, entitled (a) Dedicated to cleaning, deodorizing, or characteristics of the clothes load, which ‘‘Household electrical appliances— sanitizing the clothes washer by eliminating could trigger such adjustments, could, for Measurement of standby power,’’ Publication sources of odor, bacteria, mold, and mildew; example, consist of or be indicated by the 62301 First Edition 2005–06 (incorporated by (b) Recommended to be run intermittently presence of either soil, soap, suds, or any reference; see § 430.3). by the manufacturer; and other additive laundering substitute or 1.14 Inactive mode means a standby (c) Separate from clothes washing cycles. complementary product. mode that facilitates the activation of active 1.24 Spray rinse cycle means a rinse cycle Note: Appendix J1 does not provide a mode by remote switch (including remote in which water is sprayed onto the clothes means for determining the energy control), internal sensor, or timer, or that for a period of time without maintaining any consumption of a clothes washer with an provides continuous status display. specific water level in the clothes container. adaptive control system. Therefore, pursuant 1.15 Integrated modified energy factor 1.25 Standard means a clothes washer means the quotient of the cubic foot (or liter) to 10 CFR 430.27, a waiver must be obtained which has a clothes container capacity of 1.6 capacity of the clothes container divided by to establish an acceptable test procedure for ft3 (45 L) or greater. each such clothes washer. the total clothes washer energy consumption per cycle, with such energy consumption 1.26 Standby mode means any modes in 1.4 Adaptive water fill control system expressed as the sum of: which the clothes washer is connected to a means a clothes washer water fill control (a) The machine electrical energy mains power source and offers one or more system which is capable of automatically consumption; of the following user oriented or protective adjusting the water fill level based on the size (b) The hot water energy consumption; functions that may persist for an indefinite or weight of the clothes load placed in the (c) The energy required for removal of the time: clothes container, without allowing or remaining moisture in the wash load; (a) To facilitate the activation of other requiring consumer intervention or actions. (d) The standby mode energy consumption; modes (including activation or deactivation 1.5 Bone-dry means a condition of a load (e) The off mode energy consumption; of active mode) by remote switch (including of test cloth which has been dried in a dryer (f) The delay start mode energy remote control), internal sensor, or timer; at maximum temperature for a minimum of consumption; (b) Continuous functions, including 10 minutes, removed and weighed before (g) The cycle finished mode energy information or status displays (including cool down, and then dried again for 10 consumption; and clocks) or sensor-based functions. A timer is minute periods until the final weight change (h) The self-clean energy consumption, as a continuous clock function (which may or of the load is 1 percent or less. applicable. may not be associated with a display) that 1.6 Clothes container means the 1.16 Integrated water consumption factor provides regular scheduled tasks (e.g., compartment within the clothes washer that means the quotient of the total clothes switching) and that operates on a continuous holds the clothes during the operation of the washer water consumption per cycle in machine. basis. gallons, with such water consumption 1.27 Steam cycle means a wash cycle in 1.7 Cold rinse means the coldest rinse expressed as the sum of the total weighted which steam is injected into the clothes temperature available on the machine (and per-cycle water consumption and the per- container. should be the same rinse temperature cycle self-clean water consumption, divided 1.28 Symbol usage. The following selection tested in 3.7 of this appendix). by the cubic foot (or liter) capacity of the 1.8 Compact means a clothes washer clothes washer. identity relationships are provided to help which has a clothes container capacity of less 1.17 Load use factor means the clarify the symbology used throughout this than 1.6 ft 3 (45 L). percentage of the total number of wash loads procedure. 1.9 Cycle finished mode means an active that a user would wash a particular size E—Electrical Energy Consumption mode which provides continuous status (weight) load. H—Hot Water Consumption display following operation in active 1.18 Manual control system means a C—Cold Water Consumption washing mode. clothes washer control system which requires R—Hot Water Consumed by Warm Rinse 1.10 Deep rinse cycle means a rinse cycle that the consumer make the choices that TUF—Temperature Use Factor in which the clothes container is filled with determine washer operation or washing HE—Hot Water Energy Consumption water to a selected level and the clothes load conditions, such as, for example, wash/rinse F—Load Usage Factor is rinsed by agitating it or tumbling it through temperature selections, and wash time before Q—Total Water Consumption the water. starting the cycle. ME—Machine Electrical Energy 1.11 Delay start mode means an active 1.19 Manual water fill control system Consumption mode in which activation of active washing means a clothes washer water fill control RMC—Remaining Moisture Content mode is facilitated by a timer. system which requires the consumer to WI—Initial Weight of Dry Test Load 1.12 Energy test cycle for a basic model determine or select the water fill level. WC—Weight of Test Load After Extraction means (A) the cycle recommended by the 1.20 Modified energy factor means the P—Power manufacturer for washing cotton or linen quotient of the cubic foot (or liter) capacity S—Annual Hours clothes, and includes all wash/rinse of the clothes container divided by the total s—Steam Wash temperature selections and water levels clothes washer energy consumption per m—Extra Hot Wash (maximum wash temp. offered in that cycle, and (B) if the cycle cycle, with such energy consumption > 135 °F (57.2 °C)) described in (A) does not include all wash/ expressed as the sum of the machine ≤ ° rinse temperature settings available on the h—Hot Wash (maximum wash temp. 135 F electrical energy consumption, the hot water (57.2 °C)) clothes washer, and required for testing as energy consumption, and the energy required w—Warm Wash described in this test procedure, the energy for removal of the remaining moisture in the c—Cold Wash (minimum wash temp.) test cycle shall also include the portions of wash load. r—Warm Rinse (hottest rinse temp.) a cycle setting offering these wash/rinse 1.21 Non-water-heating clothes washer sc—Self Clean temperature settings with agitation/tumble means a clothes washer which does not have x or max—Maximum Test Load operation, spin speed(s), wash times, and an internal water heating device to generate rinse times that are largely comparable to hot water. a or avg—Average Test Load those for the cycle recommended by the 1.22 Off mode means a mode in which n or min—Minimum Test Load manufacturer for washing cotton or linen the clothes washer is connected to a mains cf—Cycle Finished Mode clothes. Any cycle under (A) or (B) shall power source and is not providing any active ds—Delay Start Mode include the default agitation/tumble or standby mode function, and where the ia—Inactive Mode operation, soil level, spin speed(s), wash mode may persist for an indefinite time. An o—Off Mode times, and rinse times applicable to that indicator that only shows the user that the oi—Combined Off and Inactive Modes cycle, including water heating time for water product is in the off position is included so—Combined Standby and Off Modes heating clothes washers. within the classification of an off mode. The following examples are provided to 1.13 IEC 62301 means the test standard 1.23 Self-clean mode means an active show how the above symbols can be used to published by the International clothes washer operating mode that is: define variables:

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Emx = ‘‘Electrical Energy Consumption’’ for 2. Testing Conditions 2.5.3 Watt meter. The watt meter used to an Extra Hot Wash’’ and ‘‘Maximum Test 2.1 Installation. Install the clothes washer measure standby, off, delay start, and cycle Load’’ in accordance with manufacturer’s finished mode power consumption shall Ra = ‘‘Hot Water Consumed by Warm Rinse’’ instructions. have the resolution specified in section 4, for the ‘‘Average Test Load’’ 2.2 Electrical energy supply. paragraph 4.5 of IEC 62301 (incorporated by TUFm = ‘‘Temperature Use Factor’’ for an 2.2.1 Supply voltage and frequency. reference, see § 430.3). The watt meter shall ‘‘Extra Hot Wash’’ Maintain the electrical supply at the clothes also be able to record a ‘‘true’’ average power as specified in section 5, paragraph 5.3.2(a) HEmin = ‘‘Hot Water Energy Consumption’’ for washer terminal block within 2 percent of the ‘‘Minimum Test Load’’ 120, 120/240, or 120/208Y volts as applicable of IEC 62301. Q = ‘‘Total Water Consumption’’ for ‘‘Self 2.5.4 Temperature measuring device. The sc to the particular terminal block wiring ± ’’ device shall have an error no greater than Clean system and within 2 percent of the nameplate ° ± ° P = ‘‘Power’’ in ‘‘Delay Start Mode’’ frequency as specified by the manufacturer. 1 F ( 0.6 C) over the range being measured. ds 2.5.5 Water meter. The water meter shall So = ‘‘Annual Hours’’ in ‘‘Off Mode’’ If the clothes washer has a dual voltage conversion capability, conduct test at the have a resolution no larger than 0.1 gallons 1.29 Temperature use factor means, for a (0.4 liters) and a maximum error no greater particular wash/rinse temperature setting, the highest voltage specified by the manufacturer. than 2 percent for the water flow rates being percentage of the total number of wash loads measured. that an average user would wash with that 2.2.2 Supply voltage waveform. For the standby, off, delay start, and cycle finished 2.5.6 Water pressure gauge. The water setting. mode testing, maintain the electrical supply pressure gauge shall have a resolution of 1 1.30 Thermostatically controlled water voltage waveform indicated in section 4, pound per square inch gauge (psig) (6.9 kPa) valves means clothes washer controls that paragraph 4.4 of IEC 62301 (incorporated by and shall have an error no greater than 5 have the ability to sense and adjust the hot reference; see § 430.3). percent of any measured value. and cold supply water. 2.3 Supply Water. 2.6 Test cloths. 1.31 Uniformly distributed warm wash 2.3.1 Clothes washers in which electrical 2.6.1 Energy Test Cloth. The energy test temperature selection(s) means (A) multiple energy consumption or water energy cloth shall be made from energy test cloth ± 1 warm wash selections for which the warm consumption are affected by the inlet water material, as specified in 2.6.4, that is 24 ⁄2 ± 1 ± wash water temperatures have a linear temperature. (For example, water heating inches by 36 ⁄2 inches (61.0 1.3 cm by ± relationship with all discrete warm wash clothes washers or clothes washers with 91.4 1.3 cm) and has been hemmed to 22 ± 1 ± 1 ± selections when the water temperatures are thermostatically controlled water valves.). ⁄2 inches by 34 ⁄2 inches (55.9 1.3 cm ± plotted against equally spaced consecutive The temperature of the hot water supply at by 86.4 1.3 cm) before washing. The energy warm wash selections between the hottest the water inlets shall not exceed 135 °F (57.2 test cloth shall be clean and shall not be used warm wash and the coldest warm wash. If °C) and the cold water supply at the water for more than 60 test runs (after the warm wash has infinite selections, the inlets shall not exceed 60 °F (15.6 °C). A preconditioning as specified in 2.6.3 of this warm wash water temperature has a linear water meter shall be installed in both the hot appendix). All energy test cloth must be relationship with the distance on the and cold water lines to measure water permanently marked identifying the lot selection device (e.g. dial angle or slide consumption. number of the material. Mixed lots of movement) between the hottest warm wash 2.3.2 Clothes washers in which electrical material shall not be used for testing the and the coldest warm wash. The criteria for energy consumption and water energy clothes washers. a linear relationship as specified above is that consumption are not affected by the inlet 2.6.2 Energy Stuffer Cloth. The energy the difference between the actual water water temperature. The temperature of the stuffer cloth shall be made from energy test temperature at any warm wash selection and hot water supply shall be maintained at 135 cloth material, as specified in 2.6.4, and shall ° ± ° ° ± ° ± 1 the point where that temperature is depicted F 5 F (57.2 C 2.8 C) and the cold water consist of pieces of material that are 12 ⁄4 ° ± ° ± 1 ± on the temperature/selection line formed by supply shall be maintained at 60 F 5 F inches by 12 ⁄4 inches (30.5 0.6 cm by ° ± ° ± connecting the warmest and the coldest (15.6 C 2.8 C). A water meter shall be 30.5 0.6 cm) and have been hemmed to 10 ± 1 ± 1 ± ± installed in both the hot and cold water lines ⁄4 inches by 10 ⁄4 inches (25.4 0.6 cm warm selections is less than 5 percent. In ± all cases, the mean water temperature of the to measure water consumption. by 25.4 0.6 cm) before washing. The energy stuffer cloth shall be clean and shall not be warmest and the coldest warm selections 2.4 Water pressure. The static water pressure at the hot and cold water inlet used for more than 60 test runs (after must coincide with the mean of the ‘‘hot connection of the clothes washer shall be preconditioning as specified in 2.6.3 of this wash’’ (maximum wash temperature ≤ 135 °F maintained at 35 pounds per square inch appendix). All energy stuffer cloth must be (57.2 °C)) and ‘‘cold wash’’ (minimum wash gauge (psig) ± 2.5 psig (241.3 kPa ± 17.2 kPa) permanently marked identifying the lot temperature) water temperatures within ± 3.8 ° ± ° when the water is flowing. The static water number of the material. Mixed lots of F ( 2.1 C); or (B) on a clothes washer with pressure for a single water inlet connection material shall not be used for testing the only one warm wash temperature selection, shall be maintained at 35 psig ± 2.5 psig clothes washers. a warm wash temperature selection with a (241.3 kPa ± 17.2 kPa) when the water is 2.6.3 Preconditioning of Test Cloths. The water temperature that coincides with the flowing. A water pressure gauge shall be new test cloths, including energy test cloths mean of the ‘‘hot wash’’ (maximum wash installed in both the hot and cold water lines ≤ ° ° and energy stuffer cloths, shall be pre- temperature 135 F (57.2 C)) and ‘‘cold to measure water pressure. conditioned in a clothes washer in the wash’’ (minimum wash temperature) water 2.5 Instrumentation. Perform all test following manner: ± ° ± ° temperatures within 3.8 F ( 2.1 C). measurements using the following 2.6.3.1 Perform 5 complete normal wash- 1.32 Warm rinse means the hottest rinse instruments as appropriate: rinse-spin cycles, the first two with current temperature available on the machine. 2.5.1 Weighing scales. AHAM Standard detergent Formula 3 and the 1.33 Warm wash means all wash 2.5.1.1 Weighing scale for test cloth. The last three without detergent. Place the test temperature selections that are below the scale shall have a resolution of no larger than cloth in a clothes washer set at the maximum maximum wash temperature ≤ 135 °F (57.2 0.2 oz (5.7 g) and a maximum error no greater water level. Wash the load for ten minutes in °C) and above the minimum wash than 0.3 percent of the measured value. soft water (17 ppm hardness or less) using temperature. 2.5.1.2 Weighing scale for clothes 27.0 grams + 4.0 grams per lb of cloth load 1.34 Water consumption factor means the container capacity measurement. The scale of AHAM Standard detergent Formula 3. The quotient of the total weighted per-cycle water should have a resolution no larger than 0.50 wash temperature is to be controlled to 135 consumption divided by the cubic foot (or lbs (0.23 kg) and a maximum error no greater °F ± 5 °F (57.2 °C ± 2.8 °C) and the rinse liter) capacity of the clothes washer. than 0.5 percent of the measured value. temperature is to be controlled to 60 °F ± 5 1.35 Water-heating clothes washer means 2.5.2 Watt-hour meter. The watt-hour °F (15.6 °C ± 2.8 °C). Repeat the cycle with a clothes washer where some or all of the hot meter shall have a resolution no larger than detergent and then repeat the cycle three water for clothes washing is generated by a 1 Wh (3.6 kJ) and a maximum error no greater additional times without detergent, bone water heating device internal to the clothes than 2 percent of the measured value for any drying the load between cycles (total of five washer. demand greater than 50 Wh (180.0 kJ). wash and rinse cycles).

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2.6.4 Energy test cloth material. The energy not be applied to the test cloth. The absence 2.6.4.6.1 Repeat the Standard Extractor test cloths and energy stuffer cloths shall be of such finishes shall be verified by: RMC Test in 2.6.5 of this appendix three made from fabric meeting the following 2.6.4.5.1 American Association of Textile times. specifications. The material should come Chemists and Colorists (AATCC) Test 2.6.4.6.2 An RMC correction curve shall from a roll of material with a width of Method 118–1997, Oil Repellency: be calculated as specified in 2.6.6 of this approximately 63 inches and approximately Hydrocarbon Resistance Test (incorporated appendix. 500 yards per roll. However, other sizes may by reference; see § 430.3), of each new lot of 2.6.4.7 The maximum shrinkage after be used if they fall within the specifications. test cloth (when purchased from the mill) to preconditioning shall not be more than 5 TM 2.6.4.1 Nominal fabric type. Pure finished confirm the absence of Scotchguard or percent on the length and width. Measure per bleached cloth made with a momie or granite other water repellent finish (required scores AATCC Test Method 135–2004, Dimensional ‘‘ ’’ Changes of Fabrics after Home Laundering weave, which is nominally 50 percent cotton of D across the board). 2.6.4.5.2 American Association of Textile (incorporated by reference; see § 430.3). and 50 percent polyester. Chemists and Colorists (AATCC) Test 2.6.5 Standard Extractor RMC Test 2.6.4.2 The fabric weight specification ± Method 79–2000, Absorbency of Bleached Procedure. The following procedure is used shall be 5.60 0.25 ounces per square yard Textiles (incorporated by reference; see to evaluate the moisture absorption and (190.0 ± 8.4 g/m2). × § 430.3), of each new lot of test cloth (when retention characteristics of a lot of test cloth 2.6.4.3 The thread count shall be 65 57 purchased from the mill) to confirm the by measuring the RMC in a standard × ± per inch (warp fill), 2 percent. absence of ScotchguardTM or other water extractor at a specified set of conditions. 2.6.4.4 The warp yarn and filling yarn repellent finish (time to absorb one drop Table 2.6.5 of this appendix is the matrix of shall each have fiber content of 50 percent should be on the order of 1 second). test conditions. When this matrix is repeated ± 4 percent cotton, with the balance being 2.6.4.6 The moisture absorption and 3 times, a total of 60 extractor RMC test runs polyester, and be open end spun, 15/1 ± 5 retention shall be evaluated for each new lot are required. For the purpose of the extractor percent cotton count blended yarn. of test cloth by the Standard Extractor RMC test, the test cloths may be used for up 2.6.4.5 Water repellent finishes, such as Remaining Moisture Content (RMC) Test to 60 test runs (after preconditioning as fluoropolymer stain resistant finishes shall specified in 2.6.5 of this appendix. specified in 2.6.3 of this appendix).

TABLE 2.6.5—MATRIX OF EXTRACTOR RMC TEST CONDITIONS

Warm soak Cold soak 15 min. spin 4 min. spin 15 min. spin 4 min. spin

100 ...... 200 ...... 350 ...... 500 ...... 650 ......

2.6.5.1 The standard extractor RMC tests incorporate energy stuffer cloths to help water level and temperature before the next shall be run in a North Star Engineered offset the size difference. extraction. Products Inc. (formerly Bock) Model 215 2.6.5.3.3 Soak the test load for 20 minutes 2.6.5.3.9 It is not necessary to dry the test extractor (having a basket diameter of 19.5 in 10 gallons of soft (< 17 ppm) water. The load in between extraction runs. However, inches, length of 12 inches, and volume of entire test load shall be submerged. The the bone dry weight shall be checked after 2.1 ft3), with a variable speed drive (North water temperature shall be 100 ßF ± 5 °F (38 every 12 extraction runs to make sure the Star Engineered Products, P.O. Box 5127, °C ± 3 °C) bone dry weight is within tolerance (8.4 ± 0.1 Toledo, OH 43611) or an equivalent extractor 2.6.5.3.4 Remove the test load and allow lb). with same basket design (i.e. diameter, each of the test cloth bundles to drain over 2.6.5.3.10 The RMC of the test load shall length, volume, and hole configuration) and the water bath for a maximum of 5 seconds. be measured at five g levels: 100 g, 200 g, 350 variable speed drive. 2.6.5.3.5 Manually place the test cloth g, 500 g, and 650 g, using two different spin 2.6.5.2 Test Load. Test cloths shall be bundles in the basket of the extractor, times at each g level: 4 minutes and 15 preconditioned in accordance with 2.6.3 of distributing them evenly by eye. The minutes. this appendix. The load size shall be 8.4 lbs, draining and loading process should take less 2.6.5.4 Repeat 2.6.5.3 of this appendix consistent with 3.8.1 of this appendix. using soft (< 17 ppm) water at 60 °F ± 5 °F. 2.6.5.3 Procedure. than 1 minute. Spin the load at a fixed speed corresponding to the intended centripetal 2.6.6 Calculation of RMC correction 2.6.5.3.1 Record the ‘‘bone-dry’’ weight of curve. the test load (WI). acceleration level (measured in units of the acceleration of gravity, g) ± 1g for the 2.6.6.1 Average the values of 3 test runs 2.6.5.3.2 Prepare the test load for soak by and fill in Table 2.6.5 of this appendix. grouping four test cloths into loose bundles. intended time period ± 5 seconds. Perform a linear least-squares fit to relate the Bundles are created by hanging four cloths 2.6.5.3.6 Record the weight of the test standard RMC (RMC ) values (shown in vertically from one corner and loosely load immediately after the completion of the standard Table 2.6.6.1 of this appendix) to the values wrapping the test cloth onto itself to form the extractor spin cycle (WC). measured in 2.6.5 of this appendix: bundle. Bundles are then placed into the 2.6.5.3.7 Calculate the RMC as (WC–WI)/ ¥ × water for soak. Eight to nine bundles will be WI. (RMCcloth): RMCstandard A RMCcloth + B formed depending on the test load. The ninth 2.6.5.3.8 It is not necessary to drain the Where A and B are coefficients of the linear bundle may not equal four cloths but can soak tub if the water bath is corrected for least-squares fit.

TABLE 2.6.6.1—STANDARD RMC VALUES (RMC STANDARD)

RMC percentage ‘‘g Force’’ Warm soak Cold soak 15 min. spin 4 min. spin 15 min. spin 4 min. spin

100 ...... 45.9 49.9 49.7 52.8

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TABLE 2.6.6.1—STANDARD RMC VALUES (RMC STANDARD)—Continued

RMC percentage ‘‘g Force’’ Warm soak Cold soak 15 min. spin 4 min. spin 15 min. spin 4 min. spin

200 ...... 35.7 40.4 37.9 43.1 350 ...... 29.6 33.1 30.7 35.8 500 ...... 24.2 28.7 25.5 30.0 650 ...... 23.0 26.4 24.1 28.0

2.6.6.2 Perform an analysis of variance 2.6.7.1 Using the coefficients A and B energy test cloths, except that adjustments to test using two factors, spin speed and lot, to calculated in 2.6.6.1 of this appendix: the test loads to achieve proper weight can check the interaction of speed and lot. Use RMCcorr = A × RMC + B be made by the use of energy stuffer cloths the values from Table 2.6.5 and Table 2.6.6.1 with no more than 5 stuffer cloths per load. 2.6.7.2 Substitute RMCcorr values in in the calculation. The ‘‘P’’ value in the 2.8 Use of Test Loads. Table 2.8 defines variance analysis shall be greater than or calculations in 3.8 of this appendix. the test load sizes and corresponding water equal to 0.1. If the ‘‘P’’ value is less than 0.1, 2.7 Test Load Sizes. Maximum, the test cloth is unacceptable. ‘‘P’’ is a minimum, and, when required, average test fill settings which are to be used when theoretically based probability of interaction load sizes shall be determined using Table measuring water and energy consumptions. based on an analysis of variance. 5.1 of this appendix and the clothes Adaptive water fill control system and 2.6.7 Application of the RMC correction container capacity as measured in 3.1.1 manual water fill control system are defined curve. through 3.1.5. Test loads shall consist of in section 1 of this appendix:

TABLE 2.8—TEST LOAD SIZES AND WATER FILL SETTINGS REQUIRED

Manual water fill control system Adaptive water fill control system Test load size Water fill setting Test load size Water fill setting

Max ...... Max ...... Max ...... As determined by the Clothes Washer. Min ...... Min ...... Avg ...... Min ......

2.8.1 The test load sizes to be used to finished mode testing, maintain room to prevent water from entering any void measure RMC are specified in section 3.8.1. ambient air temperature conditions as space. 2.8.2 Test loads for energy and water specified in section 4, paragraph 4.2 of IEC 3.1.3 Record the total weight of the consumption measurements shall be bone 62301 (incorporated by reference; see machine before adding water. dry prior to the first cycle of the test, and § 430.3). 3.1.4 Fill the clothes container manually dried to a maximum of 104 percent of bone 2.11.2 Water-heating clothes washer. with either 60 °F ± 5 °F (15.6 °C ± 2.8 °C) dry weight for subsequent testing. Maintain the test room ambient air or 100 °F ± 10 °F (37.8 °C ± 5.5 °C) water, 2.8.3 Load the energy test cloths by temperature at 75 °F ± 5 °F (23.9 °C ± 2.8 °C). with the door open. For a top-loading, grasping them in the center, shaking them to For standby, off, delay start, and cycle vertical-axis clothes washer, fill the clothes hang loosely and then put them into the finished mode testing, maintain room container to the uppermost edge of the clothes container prior to activating the ambient air temperature conditions as rotating portion, including any balance ring. clothes washer. specified in section 4, paragraph 4.2 of IEC For a front-loading, horizontal-axis clothes 2.9 Pre-conditioning. 62301 (incorporated by reference; see washer, fill the clothes container to the 2.9.1 Non-water-heating clothes washer. § 430.3). uppermost edge that is in contact with the If the clothes washer has not been filled with 2.12 Bone dryer temperature. The dryer door seal. For all clothes washers, any water in the preceding 96 hours, pre- used for bone drying must heat the test cloth volume which cannot be occupied by the condition it by running it through a cold and energy stuffer cloths above 210 °F (99 clothing load during operation must be rinse cycle and then draining it to ensure that °C). excluded from the measurement. Measure the hose, pump, and sump are filled with and record the weight of water, W, in water. 3. Test Measurements pounds. 2.9.2 Water-heating clothes washer. If the 3.1 Clothes container capacity. Measure 3.1.5 The clothes container capacity is clothes washer has not been filled with water the entire volume which a dry clothes load calculated as follows: in the preceding 96 hours, or if it has not could occupy within the clothes container C = W/d been in the test room at the specified ambient during washer operation according to the Where: conditions for 8 hours, pre-condition it by following procedures: running it through a cold rinse cycle and 3.1.1 Place the clothes washer in such a C = Capacity in cubic feet (liters). then draining it to ensure that the hose, position that the uppermost edge of the W = Mass of water in pounds (kilograms). 3 ° pump, and sump are filled with water. clothes container opening is leveled d = Density of water (62.0 lbs/ft for 100 F 3 ° 3 2.10 Wash time setting. If one wash time horizontally, so that the container will hold (993 kg/m for 37.8 C) or 62.3 lbs/ft for ° 3 ° is prescribed in the energy test cycle, that the maximum amount of water. 60 F (998 kg/m for 15.6 C)). shall be the wash time setting; otherwise, the 3.1.2 Line the inside of the clothes 3.2 Procedure for measuring water and wash time setting shall be the higher of either container with 2 mil (0.051 mm) plastic energy consumption values on all automatic the minimum or 70 percent of the maximum sheet. All clothes washer components which and semi-automatic washers. All energy wash time available in the energy test cycle. occupy space within the clothes container consumption tests shall be performed under 2.11 Test room temperature. and which are recommended for use with the the energy test cycle(s), unless otherwise 2.11.1 Non-water-heating clothes washer. energy test cycle shall be in place and shall specified. Table 3.2 of this appendix defines For standby, off, delay start, and cycle be lined with 2 mil (0.051 mm) plastic sheet the sections below which govern tests of

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particular clothes washers, based on the Tw(°C) = ((Hw × 57.2 °C) + (Cw × 15.6 °C))/ appendix. The load usage factors which shall number of wash/rinse temperature selections (Hw + Cw) be used when calculating energy available on the model, and also, in some Where: consumption values are defined in Table instances, method of water heating. The Hw = Hot water consumption of a warm 4.1.3 of this appendix. procedures prescribed are applicable wash. 3.2.3.2.2 User adjustable. Four tests shall regardless of a clothes washer’s washing Cw = Cold water consumption of a warm be conducted on clothes washers with user capacity, loading port location, primary axis wash. adjustable adaptive water fill controls which of rotation of the clothes container, and type For water-heating clothes washers, affect the relative wash water levels. The first of control system. measure and record the temperature of each test shall be conducted with the maximum 3.2.1 Inlet water temperature and the warm wash selection after fill. test load and with the adaptive water fill wash/rinse temperature settings. 3.2.2 Total water consumption during the control system set in the setting that will give 3.2.1.1 For automatic clothes washers set energy test cycle shall be measured, the most energy intensive result. The second the wash/rinse temperature selection control including hot and cold water consumption test shall be conducted with the minimum to obtain the wash water temperature during wash, deep rinse, and spray rinse. test load and with the adaptive water fill selection control to obtain the wash water 3.2.3 Clothes washers with adaptive control system set in the setting that will give temperature desired (extra hot, hot, warm, or water fill/manual water fill control systems. the least energy intensive result. The third cold) and cold rinse, and open both the hot 3.2.3.1 Clothes washers with adaptive test shall be conducted with the average test and cold water faucets. water fill control system and alternate load and with the adaptive water fill control 3.2.1.2 For semi-automatic washers: (1) manual water fill control systems. If a clothes system set in the setting that will give the For hot water temperature, open the hot washer with an adaptive water fill control most energy intensive result for the given test water faucet completely and close the cold system allows consumer selection of manual load. The fourth test shall be conducted with water faucet; (2) for warm inlet water controls as an alternative, then both manual the average test load and with the adaptive temperature, open both hot and cold water and adaptive modes shall be tested and, for water fill control system set in the setting faucets completely; (3) for cold water each mode, the energy consumption (HET, that will give the least energy intensive result temperature, close the hot water faucet and MET, and DE) and water consumption (QT), for the given test load. The energy and water open the cold water faucet completely. values shall be calculated as set forth in consumption for the average test load and water level shall be the average of the third 3.2.1.3 Determination of warm wash section 4. Then the average of the two values and fourth tests. water temperature(s) to decide whether a (one from each mode, adaptive and manual) 3.2.3.3 Clothes washers with manual clothes washer has uniformly distributed for each variable shall be used in section 4 water fill control system. In accordance with warm wash temperature selections. The wash for the clothes washer. Table 2.8 of this appendix, the water fill water temperature, Tw, of each warm water 3.2.3.2 Clothes washers with adaptive selector shall be set to the maximum water wash selection shall be calculated or water fill control system. level available on the clothes washer for the measured. 3.2.3.2.1 Not user adjustable. The maximum, minimum, and average water maximum test load size and set to the For non-water heating clothes washers, levels as defined in the following sections minimum water level for the minimum test calculate Tw as follows: shall be interpreted to mean that amount of load size. The load usage factors which shall ° × ° × ° Tw( F) = ((Hw 135 F) + (Cw 60 F))/(Hw water fill which is selected by the control be used when calculating energy + Cw) system when the respective test loads are consumption values are defined in Table or used, as defined in Table 2.8 of this 4.1.3 of this appendix.

TABLE 3.2—TEST SECTION REFERENCE

Max. Wash Temp. Available ...... ≤ 135 °F (57.2 °C) **>135 °F (57.2 °C)

Number of Wash Temp. Selections ...... 1 2 > 2 3 >3 Test Sections Required to be Followed ...... 3.3 3.3 ...... 3.4 3.4 ...... 3.4 ...... 3.5 3.5 3.5 3.6 3.6 3.6 3.6 3.6 ...... * 3.7 * 3.7 * 3.7 3.8 3.8 3.8 3.8 3.8 ...... †3.9 †3.9 * Only applicable to machines with warm rinse. ** Only applicable to water heating clothes washers on which the maximum wash temperature available exceeds 135 °F (57.2 °C). † Only applicable to machines equipped with a steam cycle.

3.3 ‘‘Extra Hot Wash’’ (Max Wash Temp consumption (Cmn), and electrical energy consumption shall be measured for each >135 °F (57.2 °C)) for water heating clothes consumption (Emn) shall be measured for an water fill level or test load size as specified washers only. Water and electrical energy extra hot wash/cold rinse energy test cycle, in 3.4.1 through 3.4.3 for a 135 °F (57.2 °C) consumption shall be measured for each with the controls set for the minimum water wash, if available, or for the hottest selection water fill level and/or test load size as fill level. The minimum test load size is to less than 135 °F (57.2 °C). specified in 3.3.1 through 3.3.3 for the hottest be used and shall be determined per Table 3.4.1 Maximum test load and water fill. wash setting available. 5.1 of this appendix. Hot water consumption (Hhx), cold water 3.3.1 Maximum test load and water fill. 3.3.3 Average test load and water fill. For consumption (Chx), and electrical energy Hot water consumption (Hmx), cold water clothes washers with an adaptive water fill consumption (Ehx) shall be measured for a consumption (Cmx), and electrical energy control system, measure the values for hot hot wash/cold rinse energy test cycle, with consumption (Emx) shall be measured for an water consumption (Hma), cold water the controls set for the maximum water fill extra hot wash/cold rinse energy test cycle, consumption (Cma), and electrical energy level. The maximum test load size is to be with the controls set for the maximum water consumption (Ema) for an extra hot wash/ used and shall be determined per Table 5.1 fill level. The maximum test load size is to cold rinse energy test cycle, with an average of this appendix. be used and shall be determined per Table test load size as determined per Table 5.1 of 3.4.2 Minimum test load and water fill. 5.1 of this appendix. this appendix. Hot water consumption (Hhn), cold water 3.3.2 Minimum test load and water fill. 3.4 ‘‘Hot Wash’’ (Max Wash Temp ≤135 °F consumption (Chn), and electrical energy Hot water consumption (Hmn), cold water (57.2 °C)). Water and electrical energy consumption (Ehn) shall be measured for a

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hot wash/cold rinse energy test cycle, with consumption (Ccx), and electrical energy fill control system, measure the values for hot the controls set for the minimum water fill consumption (Ecx) shall be measured for a water consumption (Hwwa), cold water level. The minimum test load size is to be cold wash/cold rinse energy test cycle, with consumption (Cwwa), and electrical energy used and shall be determined per Table 5.1 the controls set for the maximum water fill consumption (Ewwa) with an average test of this appendix. level. The maximum test load size is to be load size as determined per Table 5.1 of this 3.4.3 Average test load and water fill. For used and shall be determined per Table 5.1 appendix. clothes washers with an adaptive water fill of this appendix. 3.8 Remaining Moisture Content: control system, measure the values for hot 3.6.2 Minimum test load and water fill. 3.8.1 The wash temperature will be the water consumption (Hha), cold water Hot water consumption (Hcn), cold water same as the rinse temperature for all testing. consumption (Cha), and electrical energy consumption (Ccn), and electrical energy Use the maximum test load as defined in consumption (Eha) for a hot wash/cold rinse consumption (Ecn) shall be measured for a Table 5.1 of this appendix and section 3.1 for energy test cycle, with an average test load cold wash/cold rinse energy test cycle, with testing. size as determined per Table 5.1 of this the controls set for the minimum water fill 3.8.2 For clothes washers with cold rinse appendix. level. The minimum test load size is to be only: ‘‘ ’’ 3.5 Warm Wash. Water and electrical used and shall be determined per Table 5.1 3.8.2.1 Record the actual ‘‘bone dry’’ energy consumption shall be determined for of this appendix. weight of the test load (WI ), then place the each water fill level and/or test load size as 3.6.3 Average test load and water fill. For max test load in the clothes washer. specified in 3.5.1 through 3.5.2.3 for the clothes washers with an adaptive water fill 3.8.2.2 Set water level selector to applicable warm water wash temperature(s) control system, measure the values for hot maximum fill. with a cold rinse. water consumption (Hc ), cold water a 3.8.2.3 Run the energy test cycle. 3.5.1 Clothes washers with uniformly consumption (Cc ), and electrical energy a 3.8.2.4 Record the weight of the test load distributed warm wash temperature consumption (Eca) for a cold wash/cold rinse selection(s). The reportable values to be used energy test cycle, with an average test load immediately after completion of the energy for the warm water wash setting shall be the size as determined per Table 5.1 of this test cycle (WCmax). arithmetic average of the measurements for appendix. 3.8.2.5 Calculate the remaining moisture the hot and cold wash selections. This is a 3.7 ‘‘Warm Wash/Warm Rinse.’’ Water content of the maximum test load, RMCmax, calculation only, no testing is required. and electrical energy consumption shall be expressed as a percentage and defined as: 3.5.2 Clothes washers that lack uniformly determined for each water fill level and/or RMCmax = ((WCmax–WImax)/WImax) × 100% distributed warm wash temperature test load size as specified in 3.7.2.1 through 3.8.3 For clothes washers with cold and selections. For a clothes washer with fewer 3.7.2.3 for the applicable warm wash warm rinse options: than four discrete warm wash selections, test temperature selection as described in 3.7.1 or 3.8.3.1 Complete steps 3.8.2.1 through all warm wash temperature selections. For a 3.7.2 and the hottest available rinse 3.8.2.4 for cold rinse. Calculate the remaining clothes washer that offers four or more warm temperature selection. moisture content of the maximum test load wash selections, test at all discrete selections, 3.7.1 Clothes washers with uniformly for cold rinse, RMCCOLD, expressed as a or test at 25 percent, 50 percent, and 75 distributed warm wash temperature percentage and defined as: percent positions of the temperature selection(s). Test the warm wash warm rinse × selection device between the hottest hot cycle at the wash temperature selection with RMCCOLD = ((WCmax–WImax)/WImax) 100% (≤135 °F (57.2 °C)) wash and the coldest cold the temperature selection device at the 50 3.8.3.2 Complete steps 3.8.2.1 through wash. If a selection is not available at the 25, percent position between the hottest hot 3.8.2.4 for warm rinse. Calculate the 50 or 75 percent position, in place of each (≤135 °F (57.2 °C)) wash and the coldest cold remaining moisture content of the maximum such unavailable selection use the next wash. test load for warm rinse, RMCWARM, warmer setting. Each reportable value to be 3.7.2 Clothes washers that lack uniformly expressed as a percentage and defined as: used for the warm water wash setting shall distributed warm wash temperature RMCWARM = ((WCmax–WImax)/WImax) × 100% be the arithmetic average of all tests selections. For a clothes washer with fewer 3.8.3.3 Calculate the remaining moisture conducted pursuant to this section. than four discrete warm wash selections, test content of the maximum test load, RMCmax, 3.5.2.1 Maximum test load and water fill. all warm wash temperature selections. For a expressed as a percentage and defined as: Hot water consumption (Hwx), cold water clothes washer that offers four or more warm RMCmax = RMC COLD × (1–TUFr) + RMCWARM consumption (Cwx), and electrical energy wash selections, test at all discrete selections, × (TUFr) consumption (Ewx) shall be measured with or test at 25 percent, 50 percent, and 75 the controls set for the maximum water fill percent positions of the temperature Where: level. The maximum test load size is to be selection device between the hottest hot TUFr is the temperature use factor for warm used and shall be determined per Table 5.1 (≤135 °F (57.2 °C)) wash and the coldest cold rinse as defined in Table 4.1.1 of this of this appendix. wash. If a selection is not available at the 25, appendix. 3.5.2.2 Minimum test load and water fill. 50, or 75 percent position, in place of each 3.8.4 Clothes washers that have options Hot water consumption (Hwn), cold water such unavailable selection use the next such as multiple selections of spin speeds or consumption (Cwn), and electrical energy warmer setting. Each reportable value to be spin times that result in different RMC values consumption (Ewn) shall be measured with used for the warm water wash setting shall and that are available in the energy test cycle, the controls set for the minimum water fill be the arithmetic average of all tests shall be tested at the maximum and level. The minimum test load size is to be conducted pursuant to this section. minimum extremes of the available options, used and shall be determined per Table 5.1 3.7.2.1 Maximum test load and water fill. excluding any ‘‘no spin’’ (zero spin speed) of this appendix. Hot water consumption (Hwwx), cold water settings, in accordance with requirements in 3.5.2.3 Average test load and water fill. consumption (Cwwx), and electrical energy 3.8.2 or 3.8.3. The calculated RMCmax,max For clothes washers with an adaptive water consumption (Ewwx) shall be measured with extraction and RMCmax,min extraction at the fill control system, measure the values for hot the controls set for the maximum water fill maximum and minimum settings, water consumption (Hwa), cold water level. The maximum test load size is to be respectively, shall be combined as follows consumption (Cwa), and electrical energy used and shall be determine per Table 5.1 of and the final RMC to be used in section 4.3 consumption (Ew ) with an average test load this appendix. a shall be: size as determined per Table 5.1 of this 3.7.2.2 Minimum test load and water fill. RMC = 0.75 × RMCmax,max extraction + 0.25 × appendix. Hot water consumption (Hwwn), cold water RMCmax,min extraction 3.6 ‘‘Cold Wash’’ (Minimum Wash consumption (Cwwn), and electrical energy Temperature Selection). Water and electrical consumption (Ewwn) shall be measured with 3.9 ‘‘Steam Wash’’ for clothes washers energy consumption shall be measured for the controls set for the minimum water fill equipped with a steam cycle. Water and each water fill level or test load size as level. The minimum test load size is to be electrical energy consumption shall be specified in 3.6.1 through 3.6.3 for the used and shall be determine per Table 5.1 of measured for each water fill level and/or test coldest wash temperature selection available. this appendix. load size as specified in 3.9.1 through 3.9.3 3.6.1 Maximum test load and water fill. 3.7.2.3 Average test load and water fill. for the hottest wash setting available with Hot water consumption (Hcx), cold water For clothes washers with an adaptive water steam.

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3.9.1 Maximum test load and water fill. measure and record its average cycle finished Where: Hot water consumption (Hs ), cold water mode power, P , in watts, allowing the x cf Hsx, Hsa, and Hsn, are reported hot water consumption (Csx), and electrical energy product to stabilize for at least 30 minutes consumption values, in gallons per cycle consumption (Esx) shall be measured for a and using a measurement period in which (or liters per cycle), at maximum, steam energy test cycle, with the controls set the energy use is not less than 10 minutes. average, and minimum water fill, for the maximum water fill level. The 3.11.2 If a clothes washer has a delay start maximum test load size is to be used and mode as defined in section 1.11, measure and respectively, for the steam cycle with the shall be determined per Table 5.1 of this record its average delay start mode power, appropriate test loads as defined in section 2.8. appendix. Pds, in watts by setting it to a delay start time 3.9.2 Minimum test load and water fill. of 5 hours, allowing at least 5 minutes for the Hmx, Hma, and Hmn, are reported hot water Hot water consumption (Hsn), cold water power input to stabilize. Then measure and consumption values, in gallons per-cycle consumption (Csn), and electrical energy record the average delay start mode power of (or liters per cycle), at maximum, consumption (Esn) shall be measured for a the clothes washer, Pds, in watts, for the average, and minimum water fill, steam energy test cycle, with the controls set following 60 minutes. respectively, for the extra hot wash cycle for the minimum water fill level. The 3.11.3 If a clothes washer has an inactive with the appropriate test loads as minimum test load size is to be used and mode as defined in section 1.14, measure and defined in section 2.8. shall be determined per Table 5.1 of this record the average inactive mode power of Hhx, Hha, and Hhn, are reported hot water appendix. the clothes washer, Pia, in watts, allowing the consumption values, in gallons per-cycle 3.9.3 Average test load and water fill. For product to stabilize for at least 30 minutes (or liters per cycle), at maximum, clothes washers with an adaptive water fill and using a measurement period of not less average, and minimum water fill, control system, measure the values for hot than 10 minutes. respectively, for the hot wash cycle with water consumption (Hs ), cold water 3.11.4 If a clothes washer has an off mode a the appropriate test loads as defined in consumption (Csa), and electrical energy as defined in section 1.22, measure and section 2.8. consumption (Esa) for a steam energy test record its average off mode power, Po, in cycle using an average test load size as watts, allowing the product to stabilize for at Hwx, Hwa, and Hwn, are reported hot water determined per Table 5.1 of this appendix. least 30 minutes and using a measurement consumption values, in gallons per-cycle 3.10 Self-clean. Set the controls to obtain period of not less than 10 minutes. (or liters per cycle), at maximum, the self-clean cycle. Hot water consumption average, and minimum water fill, (H ), cold water consumption (C ), and 4. Calculation of Derived Results From Test respectively, for the warm wash cycle sc sc Measurements electric energy consumption (Esc) shall be with the appropriate test loads as measured for the self-clean cycle. Do not use 4.1 Hot water and machine electrical defined in section 2.8. a test load. energy consumption of clothes washers. Hwwx, Hwwa, and Hwwn, are reported hot 3.11 Standby mode, off mode, delay start 4.1.1 Per-cycle temperature-weighted hot water consumption values, in gallons mode, and cycle finished mode power. water consumption for maximum, average, per-cycle (or liters per cycle), at Establish the testing conditions set forth in and minimum water fill levels using each maximum, average, and minimum water sections 2.2 and 2.11. For clothes washers appropriate load size as defined in section fill, respectively, for the warm wash/ 2.8 and Table 5.1 of this appendix. Calculate that drop from a higher power state to a warm rinse cycle with the appropriate for the cycle under test the per-cycle lower power state as discussed in section 5, test loads as defined in section 2.8. paragraph 5.1, note 1 of IEC 62301, temperature weighted hot water consumption Hcx, Hca, and Hcn, are reported hot water (incorporated by reference; see § 430.3), for the maximum water fill level, Vhx, the consumption values, in gallons per-cycle allow sufficient time for the clothes washer average water fill level, Vha, and the (or liters per cycle), at maximum, to reach the lower power state before minimum water fill level, Vhn, expressed in proceeding with the test measurement. gallons per cycle (or liters per cycle) and average, and minimum water fill, Follow the test procedure specified in section defined as: respectively, for the cold wash cycle with the appropriate test loads as 5, paragraph 5.3 of IEC 62301 for testing in (a) Vhx = [Hsx × TUFs] + [Hmx × TUFm] + [Hhx defined in section 2.8. each possible mode as described in 3.11.1 × TUFh] + [Hwx × TUFw] + [Hwwx ×

through 3.11.4. For units in which power TUFww] + [Hcx × TUFc] TUFs, TUFm, TUFh, TUFw, TUFww, and TUFc varies over a cycle, as described in section 5, (b) Vha = [Hsa × TUFs] + [Hma × TUFm] + [Hha are temperature use factors for steam paragraph 5.3.2 of IEC 62301, use the average × TUFh] + [Hwa × TUFw] + [Hwwa × wash, extra hot wash, hot wash, warm power approach described in Paragraph TUFww] + [Hca × TUFc] wash, warm wash/warm rinse, and cold 5.3.2(a) of IEC 62301. (c) Vhn = [Hsn × TUFs] + [Hmn × TUFm] + [Hhn wash temperature selections, 3.11.1 If a clothes washer has a cycle × TUFh] + [Hwn × TUFw] + [Hwwn × respectively, and are as defined in Table finished mode as defined in section 1.9, TUFww] + [Hcn × TUFc] 4.1.1 of this appendix.

TABLE 4.1.1—TEMPERATURE USE FACTORS

Max Wash Temp Available ...... ≤135 °F ≤135 °F ≤135 °F >135 °F >135 °F Steam Steam (57.2 °C) (57.2 °C) (57.2 °C) (57.2 °C) (57.2 °C) No. Wash Temp Selections ...... Single 2 Temps >2 Temps 3 Temps >3 Temps 3 Temps >3 Temps TUFs (steam) ...... NA NA NA NA NA 0.02 0.02 TUFm (extra hot)...... NA NA NA 0.14 0.05 0.12 0.03 TUFh (hot) ...... NA 0.63 0.14 NA 0.09 NA 0.09 * * * * * TUFww (warm/warm) ...... NA NA 0.27 0.27 0.27 0.27 0.27 TUFw (warm) ...... NA NA 0.22 0.22 0.22 0.22 0.22 TUFc (cold) ...... 1.00 0.37 0.37 0.37 0.37 0.37 0.37

* Only applicable to machines offering a warm/warm cycle. For machines with no warm/warm cycle, this value should be zero and TUFw (warm) should be 0.49.

4.1.2 Total per-cycle hot water energy expressed in kilowatt-hours per cycle and (c) HEmin = [Vhn × T × K] = Total energy when consumption for all maximum, average, and defined as: a minimum load is tested. minimum water fill levels tested. Calculate (a) HE = [Vh × T × K] = Total energy when Where: the total per-cycle hot water energy max x a maximum load is tested. ° ° consumption for the maximum water fill T = Temperature rise = 75 F (41.7 C). (b) HEavg = [Vha × T × K] = Total energy when level, HEmax, the minimum water fill level, an average load is tested. HEmin, and the average water fill level, HEavg,

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K = Water specific heat in kilowatt-hours per hours per cycle, at maximum, average, (or liters per cycle), for the steam cycle and gallon degree F = 0.00240 (0.00114 kWh/ and minimum test loads, respectively, defined as: L¥°C). for the extra hot wash cycle. Qsmax = [Hsx + Csx] Vhx, Vha, and Vhn are as defined in 4.1.1. Ehx, Eha, and Ehn, are reported electrical Qsavg = [Hsa + Csa] 4.1.3 Total weighted per-cycle hot water energy consumption values, in kilowatt- Qsmin = [Hsn + Csn] energy consumption. Calculate the total hours per cycle, at maximum, average, Where:

weighted per-cycle hot water energy and minimum test loads, respectively, Hsx, Csx, Hsa, Csa, Hsn, and Csn are defined consumption, HET, expressed in kilowatt- for the hot wash cycle. in 3.9. hours per cycle and defined as: Ewx, Ewa, and Ewn, are reported electrical 4.2.2 Per-cycle water consumption for × × HET = [HEmax Fmax] + [HEavg Favg] + [HEmin energy consumption values, in kilowatt- extra hot wash. Calculate the maximum, × Fmin] hours per cycle, at maximum, average, average, and minimum total water Where: and minimum test loads, respectively, consumption, expressed in gallons per cycle for the warm wash cycle. HE , HE , and HE are as defined in (or liters per cycle), for the extra hot wash max avg min Eww , Eww , and Eww , are reported 4.1.2. x a n cycle and defined as: F , F , and F are the load usage factors electrical energy consumption values, in Qm = [Hm + Cm ] max avg min kilowatt-hours per cycle, at maximum, max x x for the maximum, average, and Qmavg = [Hma + Cma] average, and minimum test loads, minimum test loads based on the size Qmmin = [Hmn + Cmn] respectively, for the warm wash/warm and type of the control system on the Where: washer being tested. The values are as rinse cycle. Hm , Cm , Hm , Cm , Hm , and Cm are shown in Table 4.1.3 of this appendix. Ecx, Eca, and Ecn, are reported electrical x x a a n n energy consumption values, in kilowatt- defined in 3.3. 4.2.3 Per-cycle water consumption for hot TABLE 4.1.3—LOAD USAGE FACTORS hours per cycle, at maximum, average, and minimum test loads, respectively, wash. Calculate the maximum, average, and for the cold wash cycle. minimum total water consumption, Water fill control expressed in gallons per cycle (or liters per system Manual Adaptive TUFs, TUFm, TUFh, TUFw, TUFww, and TUFc are as defined in Table 4.1.1 of this cycle), for the hot wash cycle and defined as: 1 2 Qhmax = [Hhx + Chx] Fmax = ...... 0.72 0.12 appendix. 2 Qhavg = [Hha + Cha] Favg = ...... 0.74 4.1.6 Total weighted per-cycle machine 1 2 Qhmin = [Hhn + Chn] Fmin = ...... 0.28 0.14 electrical energy consumption. Calculate the total per-cycle load size weighted energy Where: 1 Reference 3.2.3.3. 2 Reference 3.2.3.2. consumption, MET, expressed in kilowatt- Hhx, Chx, Hha, Cha, Hhn, and Chn are defined hours per cycle and defined as: in 3.4. 4.1.4 Total per-cycle hot water energy MET = [MEmax × Fmax] + [MEavg × Favg] + 4.2.4 Per-cycle water consumption for consumption using gas-heated or oil-heated [MEmin × Fmin] warm wash with cold rinse. Calculate the water. Calculate for the energy test cycle the Where: maximum, average, and minimum total water per-cycle hot water consumption, HETG, consumption, expressed in gallons per cycle using gas-heated or oil-heated water, MEmax, MEavg, and MEmin are as defined in 4.1.5. (or liters per cycle), for the warm wash cold expressed in Btu per cycle (or megajoules per rinse cycle and defined as: cycle) and defined as: Fmax, Favg, and Fmin are as defined in Table 4.1.3 of this appendix. Qwmax = [Hwx + Cwx] HETG = HET × 1/e × 3412 Btu/kWh or HETG 4.1.7 Total per-cycle energy consumption Qwavg = [Hwa + Cwa] = HET × 1/e × 3.6 MJ/kWh when electrically heated water is used. Qwmin = [Hwn + Cwn] Where: Calculate for the energy test cycle the total Where: e = Nominal gas or oil water heater efficiency per-cycle energy consumption, ETE, using Hwx, Cwx, Hwa, Cwa, Hwn, and Cwn are = 0.75. electrically heated water, expressed in defined in 3.5. HET = As defined in 4.1.3. kilowatt-hours per cycle and defined as: 4.2.5 Per-cycle water consumption for 4.1.5 Per-cycle machine electrical energy ETE = HET + MET warm wash with warm rinse. Calculate the consumption for all maximum, average, and Where: maximum, average, and minimum total water minimum test load sizes. Calculate the total consumption, expressed in gallons per cycle per-cycle machine electrical energy MET = As defined in 4.1.6. (or liters per cycle), for the warm wash/warm consumption for the maximum water fill HET = As defined in 4.1.3. rinse cycle and defined as: level, MEmax, the average water fill level, 4.1.8 Per-cycle self-clean hot water energy Qwwmax = [Hwwx + Cwwx] MEavg, and the minimum water fill level, consumption. Calculate the per-cycle self- Qwwavg = [Hwwa + Cwwa] MEmin, expressed in kilowatt-hours per cycle clean hot water energy consumption, HEsc, Qwwmin = [Hwwn + Cwwn] and defined as: expressed in kilowatt-hours per cycle, and Where: (a) defined as: × × Hwwx, Cwwx, Hwwa, Cwwa, Hwwn, and MEmax = [Esx TUFs] + [Emx TUFm] + [Ehx HEsc = [Hsc × T × K] × × × Cwwn are defined in 3.7. TUFh] + [Ewx TUFw] + [Ewwx Where: TUF ] + [Ec × TUF ] 4.2.6 Per-cycle water consumption for ww x c H = reported hot water consumption value, (b) sc cold wash. Calculate the maximum, average, in gallons per-cycle, for the self-clean and minimum total water consumption, MEavg = [Esa × TUFs] + [Ema × TUFm] + [Eha × × × cycle as defined in section 3.10. expressed in gallons per cycle (or liters per TUFh] + [Ewa TUFw] + [Ewwa T = Temperature rise = 75 °F (41.7 °C). TUF ] + [Ec × TUF ] cycle), for the cold wash cycle and defined ww a c K = Water specific heat in kilowatt-hours per as: (c) gallon degree F = 0.00240 (0.00114 kWh/ × × Qcmax = [Hcx + Ccx] MEmin = [Esn TUFs] + [Emn TUFm] + [Ehn L¥°C). × × × Qcavg = [Hca + Cca] TUFh] + [Ewn TUFw] + [Ewwn 4.2 Water consumption of clothes × Qcmin = [Hcn + Ccn] TUFww] + [Ecn TUFc] washers. (The calculations in this Section Where: need not be performed to determine Where: Esx, Esa, and Esn, are reported electrical compliance with the energy conservation Hcx, Ccx, Hca, Cca, Hcn, and Ccn are defined energy consumption values, in kilowatt- standards for clothes washers manufactured in 3.6. hours per cycle, at maximum, average, before January 1, 2011.) 4.2.7 Total weighted per-cycle water and minimum test loads, respectively, 4.2.1 Per-cycle water consumption for consumption for steam wash. Calculate the for the steam cycle. steam wash. Calculate the maximum, total weighted per cycle consumption, QsT, Emx, Ema, and Emn, are reported electrical average, and minimum total water expressed in gallons per cycle (or liters per energy consumption values, in kilowatt- consumption, expressed in gallons per cycle cycle) and defined as:

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QsT = [Qsmax × Fmax] + [Qsavg × Favg] + [Qsmin QcT = [Qcmax × Fmax] + [Qcavg × Favg] + [Qcmin RMC = As defined in 3.8.2.5, 3.8.3.3, or 3.8.4. × Fmin] × Fmin] DEF = Nominal energy required for a clothes Where: Where: dryer to remove moisture from clothes = 0.5 kWh/lb (1.1 kWh/kg). Qsmax, Qsavg, Qsmin are defined in 4.2.1. Qcmax, Qcavg, Qcmin are defined in 4.2.6. DUF = Dryer usage factor, percentage of Fmax, Favg, Fmin are defined in Table 4.1.3 of Fmax, Favg, Fmin are defined in Table 4.1.3 of this appendix. this appendix. washer loads dried in a clothes dryer = 0.91. 4.2.8 Total weighted per-cycle water 4.2.13 Total weighted per-cycle water consumption for extra hot wash. Calculate consumption for all wash cycles. Calculate 4.4 Per-cycle standby mode, off mode, the total weighted per cycle consumption, the total weighted per cycle consumption, delay start mode, and cycle finished mode QmT, expressed in gallons per cycle (or liters QT, expressed in gallons per cycle (or liters energy consumption. Calculate the clothes per cycle) and defined as: per cycle) and defined as: washer combined standby mode, off mode, QT = [QsT × TUFs] + [QmT × TUFm] + [QhT delay start mode, and cycle finished energy QmT = [Qmmax × Fmax] + [Qmavg × Favg] + × TUFh] + [QwT × TUFw] + [QwwT × [Qmmin × Fmin] consumption per cycle, ETSO, expressed in TUFww] + [QcT × TUFc] kilowatt-hours per cycle and defined as: Where: Where: ETSO = [(Pcf × Scf) + (Pds × Sds) + (Pia × Sia) Qmmax, Qmavg, Qmmin are defined in 4.2.2. QsT, QmT, QhT, QwT, QwwT, and QcT are + (Po × So)] × Kp/295 Fmax, Favg, Fmin are defined in Table 4.1.3 of this appendix. defined in 4.2.7 through 4.2.12. Where: TUF , TUF , TUF , TUF , TUF , and TUF s m h w ww c P = Washer cycle finished mode power, in 4.2.9 Total weighted per-cycle water are defined in Table 4.1.1 of this cf watts, as defined in 3.11.1 for clothes consumption for hot wash. Calculate the total appendix. weighted per cycle consumption, QhT, washers capable of operating in cycle 4.2.14 Per-cycle self-clean water expressed in gallons per cycle (or liters per finished mode; otherwise, Pcf = 0. consumption. Calculate the total per-cycle cycle) and defined as: Pds = Washer delay start mode power, in self-clean water consumption, Q , in gallons × × sc watts, as defined in 3.11.2 for clothes QhT = [Qhmax Fmax] + [Qhavg Favg] + [Qhmin per cycle (or liters per cycle) and defined as: × Fmin] washers capable of operating in delay Q = [H + C ] Where: sc sc sc start mode; otherwise, Pds = 0. Where: Pia = Washer inactive mode power, in watts, Qhmax, Qhavg, Qhmin are defined in 4.2.3. Hsc = As defined in 3.10. as defined in 3.11.3 for clothes washers Fmax, Favg, Fmin are defined in Table 4.1.3 of this appendix. Csc = As defined in 3.10. capable of operating in inactive mode; otherwise, Pia = 0. 4.2.10 Total weighted per-cycle water 4.2.15 Water consumption factor. Calculate the water consumption factor, Po = Washer off mode power, in watts, as consumption for warm wash with cold defined in 3.11.4 for clothes washers rinse. Calculate the total weighted per WCF, expressed in gallons per cycle per cubic feet (or liter per cycle per liter), as: capable of operating in off mode; cycle consumption, QwT, expressed in otherwise, Po = 0. gallons per cycle (or liters per cycle) and WCF = QcT/C S = 15 annual hours in cycle finished mode defined as: Where: cf for clothes washers capable of operating QwT = [Qwmax × Fmax] + [Qwavg × Favg] + QcT = As defined in 4.2.12. in inactive mode; otherwise, Scf = 0. [Qwmin × Fmin] C = As defined in 3.1.5. Sds = 25 annual hours in delay start mode for Where: 4.2.16 Integrated water consumption clothes washers capable of operating in Qwmax, Qwavg, Qwmin are defined in 4.2.4. factor. Calculate the integrated water inactive mode; otherwise, Sds = 0. Fmax, Favg, Fmin are defined in Table 4.1.3 of consumption factor, IWF, expressed in Sia = Annual hours in inactive mode as this appendix. gallons per cycle per cubic feet (or liter per defined as Soi if no off mode is possible, cycle per liter), as: 4.2.11 Total weighted per-cycle water [Soi/2] if both inactive mode and off consumption for warm wash with warm IWF = [QT + Qsc]/C mode are possible, and 0 if no inactive rinse. Calculate the total weighted per cycle Where: mode is possible, where Soi is the combined annual hours for off and consumption, QwT, expressed in gallons per Q = As defined in 4.2.13. T inactive mode as defined in Table 4.4.1 cycle (or liters per cycle) and defined as: Qsc = As defined in 4.2.14. of this appendix. QwwT = [Qwwmax × Fmax] + [Qwwavg × Favg] C = As defined in 3.1.5. So = Annual hours in off mode as defined as + [Qwwmin × Fmin] 4.3 Per-cycle energy consumption for S if no inactive mode is possible, removal of moisture from test load. Calculate oi Where: [S /2] if both inactive mode and off the per-cycle energy required to remove the oi Qwwmax, Qwwavg, Qwwmin are defined in mode are possible, and 0 if no off mode moisture of the test load, D , expressed in 4.2.5. E is possible, where S is the combined kilowatt-hours per cycle and defined as: oi Fmax, Favg, Fmin are defined in Table 4.1.3 of annual hours for off and inactive mode × × this appendix. DE = (LAF) (Maximum test load weight) × × as defined in Table 4.4.1 of this 4.2.12 Total weighted per-cycle water (RMC–4%) (DEF) (DUF) appendix. consumption for cold wash. Calculate the Where: Kp = Conversion factor of watt-hours to total weighted per cycle consumption, QcT, LAF = Load adjustment factor = 0.52. kilowatt-hours = 0.001. expressed in gallons per cycle (or liters per Test load weight=As required in 3.8.1, 295 = Representative average number of cycle) and defined as: expressed in lbs/cycle. clothes washer cycles in a year.

TABLE 4.4.1—ANNUAL OFF AND INACTIVE MODE HOURS

No delay No delay No cycle start or All modes start finished cycle possible mode mode finished modes

No Self-Clean Cycle:

Soi ...... 8,425 8,450 8,440 8,465

Self-Clean Cycle Possible:

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TABLE 4.4.1—ANNUAL OFF AND INACTIVE MODE HOURS—Continued

No delay No delay No cycle start or All modes start finished cycle possible mode mode finished modes

Soi ...... 8,409 8,434 8,424 8,449

4.5 Per-cycle self-clean energy 295 = Representative average number of 4.7 Integrated modified energy factor. consumption. Calculate the clothes washer clothes washer cycles in a year. Calculate the integrated modified energy self-clean energy per cycle, ETSC, expressed 4.6 Modified energy factor. Calculate the factor, IMEF, expressed in cubic feet per kilowatt-hour per cycle (or liters per in kilowatt-hours per cycle and defined as: modified energy factor, MEF, expressed in × kilowatt-hour per cycle) and defined as: ETSC = [HEsc + Esc] 12/295 cubic feet per kilowatt-hour per cycle (or IMEF = C/(E + D + E + E ) Where: liters per kilowatt-hour per cycle) and TE E TSO TSC Where: HEsc = As defined in 4.1.8. defined as: C = As defined in 3.1.5. Esc = Reported electrical energy consumption MEF = C/(ETE + DE) ETE = As defined in 4.1.7. value, in kilowatt hours per cycle, for the Where: self-clean cycle as defined in 3.10. DE = As defined in 4.3. E = As defined in 4.4. 12 = Representative average number of C = As defined in 3.1.5. TSO E = As defined in 4.5. clothes washer self-clean cycles in a ETE = As defined in 4.1.7. TSC year. DE = As defined in 4.3. 5. Test Loads

TABLE 5.1—TEST LOAD SIZES

Container volume Minimum load Maximum load Average load cu. ft. liter lb kg lb kg lb kg < <

0–0.8 0–22.7 3 1.36 3.00 1 .36 3 1.36 0.80–0.90 22.7–25.5 3 1.36 3.50 1 .59 3.25 1.47 0.90–1.00 25.5–28.3 3 1.36 3.90 1 .77 3.45 1.56 1.00–1.10 28.3–31.1 3 1.36 4.30 1 .95 3.65 1.66 1.10–1.20 31.1–34.0 3 1.36 4.70 2 .13 3.85 1.75 1.20–1.30 34.0–36.8 3 1.36 5.10 2 .31 4.05 1.84 1.30–1.40 36.8–39.6 3 1.36 5.50 2 .49 4.25 1.93 1.40–1.50 39.6–42.5 3 1.36 5.90 2 .68 4.45 2.02 1.50–1.60 42.5–45.3 3 1.36 6.40 2 .9 4 .7 2 .13 1.60–1.70 45.3–48.1 3 1.36 6.80 3 .08 4.9 2.22 1.70–1.80 48.1–51.0 3 1.36 7.20 3 .27 5.1 2.31 1.80–1.90 51.0–53.8 3 1.36 7.60 3 .45 5.3 2.4 1.90–2.00 53.8–56.6 3 1.36 8.00 3 .63 5.5 2.49 2.00–2.10 56.6–59.5 3 1.36 8.40 3 .81 5.7 2.59 2.10–2.20 59.5–62.3 3 1.36 8.80 3 .99 5.9 2.68 2.20–2.30 62.3–65.1 3 1.36 9.20 4 .17 6.1 2.77 2.30–2.40 65.1–68.0 3 1.36 9.60 4 .35 6.3 2.86 2.40–2.50 68.0–70.8 3 1.36 10.00 4.54 6.5 2.95 2.50–2.60 70.8–73.6 3 1.36 10.50 4.76 6.75 3 .06 2.60–2.70 73.6–76.5 3 1.36 10.90 4.94 6.95 3 .15 2.70–2.80 76.5–79.3 3 1.36 11.30 5.13 7.15 3 .24 2.80–2.90 79.3–82.1 3 1.36 11.70 5.31 7.35 3 .33 2.90–3.00 82.1–85.0 3 1.36 12.10 5.49 7.55 3 .42 3.00–3.10 85.0–87.8 3 1.36 12.50 5.67 7.75 3 .52 3.10–3.20 87.8–90.6 3 1.36 12.90 5.85 7.95 3 .61 3.20–3.30 90.6–93.4 3 1.36 13.30 6.03 8.15 3 .7 3.30–3.40 93.4–96.3 3 1.36 13.70 6.21 8.35 3 .79 3.40–3.50 96.3–99.1 3 1.36 14.10 6.4 8.55 3.88 3.50–3.60 99.1–101.9 3 1.36 14.60 6.62 8 .8 3 .99 3.60–3.70 101.9–104.8 3 1.36 15.00 6 .8 9 4.08 3.70–3.80 104.8–107.6 3 1.36 15.40 6 .99 9.2 4.17 3.80–3.90 107.6–110.4 3 1.36 15.80 7 .16 9.4 4.26 3.90–4.00 110.4–113.3 3 1.36 16.20 7 .34 9.6 4.35 4.00–4.10 113.3–116.1 3 1.36 16.60 7 .53 9.8 4.45 4.10–4.20 116.1–118.9 3 1.36 17.00 7 .72 10 .0 4 .54 4.20–4.30 118.9–121.8 3 1.36 17.40 7 .90 10 .2 4 .63 4.30–4.40 121.8–124.6 3 1.36 17.80 8 .09 10 .4 4 .72 4.40–4.50 124.6–127.4 3 1.36 18.20 8 .27 10 .6 4 .82 4.50–4.60 127.4–130.3 3 1.36 18.70 8 .46 10 .8 4 .91 4.60–4.70 130.3–133.1 3 1.36 19.10 8 .65 11 .0 5 .00 4.70–4.80 133.1–135.9 3 1.36 19.50 8 .83 11 .2 5 .10 4.80–4.90 135.9–138.8 3 1.36 19.90 9 .02 11 .4 5 .19 4.90–5.00 138.8–141.6 3 1.36 20.30 9 .20 11 .6 5 .28

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TABLE 5.1—TEST LOAD SIZES—Continued

Container volume Minimum load Maximum load Average load cu. ft. liter lb kg lb kg lb kg < <

5.00–5.10 141.6–144.4 3 1.36 20.70 9 .39 11 .9 5 .38 5.10–5.20 144.4–147.2 3 1.36 21.10 9 .58 12 .1 5 .47 5.20–5.30 147.2–150.1 3 1.36 21.50 9 .76 12 .3 5 .56 5.30–5.40 150.1–152.9 3 1.36 21.90 9 .95 12 .5 5 .65 5.40–5.50 152.9–155.7 3 1.36 22.30 10 .13 12 .7 5.75 5.50–5.60 155.7–158.6 3 1.36 22.80 10 .32 12 .9 5.84 5.60–5.70 158.6–161.4 3 1.36 23.20 10 .51 13 .1 5.93 5.70–5.80 161.4–164.2 3 1.36 23.60 10 .69 13 .3 6.03 5.80–5.90 164.2–167.1 3 1.36 24.00 10 .88 13 .5 6.12 5.90–6.00 167.1–169.9 3 1.36 24.40 11 .06 13 .7 6.21 Notes: (1) All test load weights are bone dry weights. (2) Allowable tolerance on the test load weights are ±0.10 lbs (0.05 kg).

6. Waivers and Field Testing washer should be tested simultaneously in shipped with all units, and instructions 6.1 Waivers and Field Testing for Non- comparable settings to minimize seasonal or regarding filling out data collection forms, conventional Clothes Washers. consumer laundering conditions or use of data collection equipment, or basic Manufacturers of nonconventional clothes variations. The clothes washers should be procedural methods. Prior to the test clothes washers, such as clothes washers with monitored in such a way as to accurately washers being installed in the field test adaptive control systems, must submit a record the total energy consumption per locations, baseline data should be developed petition for waiver pursuant to 10 CFR cycle. At a minimum, the following should for all field test units by conducting 430.27 to establish an acceptable test be measured and recorded throughout the laboratory tests as defined by section 1 procedure for that clothes washer. For these test period for each clothes washer: Hot water through section 5 of these test procedures to and other clothes washers that have controls usage in gallons (or liters), electrical energy determine the energy consumption, water or systems such that the DOE test procedures usage in kilowatt-hours, and the cycles of consumption, and remaining moisture yield results that are so unrepresentative of usage. content values. The following data should be the clothes washer’s true energy The field test results would be used to measured and recorded for each wash load consumption characteristics as to provide determine the best method to correlate the during the test period: wash cycle selected, materially inaccurate comparative data, field rating of the test clothes washer to the rating the mode of the clothes washer (adaptive or testing may be appropriate for establishing an of the base clothes washer. If the base clothes manual), clothes load dry weight (measured acceptable test procedure. The following are washer is rated at A kWh per year, but field after the clothes washer and clothes dryer tests at B kWh per year, and the test clothes guidelines for field testing which may be cycles are completed) in pounds, and type of used by manufacturers in support of petitions washer field tests at D kWh per year, the test articles in the clothes load (e.g., cottons, for waiver. These guidelines are not unit would be rated as follows: linens, permanent press). The wash loads mandatory and the Department may A × (D/B) = G kWh per year determine that they do not apply to a used in calculating the in-home percentage 6.3 Adaptive water fill control system particular model. Depending upon a split between adaptive and manual cycle field test. Section 3.2.3.1 defines the test manufacturer’s approach for conducting field usage should be only those wash loads which method for measuring energy consumption testing, additional data may be required. conform to the definition of the energy test Manufacturers are encouraged to for clothes washers which incorporate cycle. communicate with the Department prior to control systems having both adaptive and Calculate: the commencement of field tests which may alternate cycle selections. Energy T = The total number of energy test cycles consumption calculated by the method be used to support a petition for waiver. run during the field test. defined in section 3.2.3.1 assumes the Section 6.3 provides an example of field T = The total number of adaptive control adaptive cycle will be used 50 percent of the a testing for a clothes washer with an adaptive energy test cycles. time. This section can be used to develop water fill control system. Other features, such T = The total number of manual control field test data in support of a petition for m as the use of various spin speed selections, energy test cycles. could be the subject of field tests. waiver when it is believed that the adaptive 6.2 Nonconventional Wash System cycle will be used more than 50 percent of The percentage weighting factors: × Energy Consumption Test. The field test may the time. The field test sample size should be Pa = (Ta/T) 100 (the percentage weighting consist of a minimum of 10 of the a minimum of 10 test clothes washers. The for adaptive control selection) nonconventional clothes washers (‘‘test test clothes washers should be totally Pm = (Tm/T) × 100 (the percentage weighting clothes washers’’) and 10 clothes washers representative of the design, construction, for manualcontrol selection) ‘‘ and control system that will be placed in already being distributed in commerce ( base Energy consumption (HET, MET, and DE) clothes washers’’). The tests should include a commerce. The duration of field testing in and water consumption (QT), values minimum of 50 energy test cycles per clothes the user’s house should be a minimum of 50 calculated in section 4 for the manual and washer. The test clothes washers and base energy test cycles, for each unit. No special adaptive modes, should be combined using clothes washers should be identical in instructions as to cycle selection or product P and P as the weighting factors. construction except for the controls or usage should be given to the field test a m systems being tested. Equal numbers of both participants, other than inclusion of the [FR Doc. 2010–22225 Filed 9–20–10; 8:45 am] the test clothes washer and the base clothes product literature pack which would be BILLING CODE 6450–01–P

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Part III

Department of Transportation Federal Railroad Administration

49 CFR Parts 209, 213, 214, et al. Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order; Proposed Rule

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DEPARTMENT OF TRANSPORTATION online instructions for submitting B. Concerns About Initially Proposed comments. Penalty Amounts for Violations of 49 Federal Railroad Administration Instructions: All submissions must CFR Parts 222, 225, and 229 include the agency name and docket C. Concerns Related to Respondents Who 49 CFR Parts 209, 213, 214, 215, 217, Are Cited as Individuals number or Regulatory Identification D. Concerns About Effects on FRA’s 218, 219, 220, 221, 222, 223, 224, 225, Number (RIN) for this rulemaking. Note Confidential Close Call Reporting Project 227, 228, 229, 230, 231, 232, 233, 234, that all comments received will be E. Concerns About Proposed Monetary 235, 236, 238, 239, 240, and 241 posted without change to http:// Increases in the Civil Penalty Amounts www.regulations.gov including any I. General Background [Docket No. FRA–2006–25274, Notice No. personal information provided. 2] Docket: For access to the docket to FRA last published comprehensive, line-by-line final revisions to the RIN 2130–ZA00 read background documents or comments received go to http:// Schedules of its safety regulations on Revised Proposal for Revisions to the www.regulations.gov at any time or to December 29, 1988. 53 FR 52918. The Schedules of Civil Penalties for a U.S. Department of Transportation, revisions reflected the higher maximum Violation of a Federal Railroad Safety Docket Operations, M–30, West penalty amounts made available by the Law or Federal Railroad Administration Building Ground Floor, Room W12–140, enactment of the Rail Safety Safety Regulation or Order 1200 New Jersey Avenue, SE., Improvement Act of 1988 (Pub. L. 100– Washington, DC, between 9 a.m. and 342). With the exception of the penalties AGENCY: Federal Railroad 5 p.m., Monday through Friday, except relating to the hours of service laws (49 Administration (FRA), Department of Federal holidays. U.S.C. chapter 211), the Rail Safety Transportation (DOT). Improvement Act of 1988 raised the FOR FURTHER INFORMATION CONTACT: ACTION: Revised proposal for revisions maximum penalty for any ordinary Edward Pritchard, Director, Office of violation from $2,500 to $10,000 (‘‘the to schedules of civil penalties, with Safety Assurance and Compliance, request for comments. ordinary maximum’’) and to $20,000 for Office of Railroad Safety, FRA, 1200 a grossly negligent violation or a pattern SUMMARY: FRA is issuing for comment a New Jersey Avenue, SE., Washington, of repeated violations that has created revised proposal (New Proposal) that, if DC 20590 (telephone 202–493–6247), an imminent hazard of death or injury adopted, would amend, line-by-line, edward.pritchard @dot.gov; or Brian or caused death or injury (‘‘the FRA’s schedules of civil penalties Roberts, Trial Attorney, Office of the aggravated maximum’’). Therefore, FRA (‘‘Schedules’’) issued as appendices to Chief Counsel, FRA, 1200 New Jersey published amendments to the Schedules FRA’s rail safety regulations, as well as Avenue, SE., Mail Stop 10, Washington, in order to ‘‘give effect to the full range other guidance, in order to reflect more DC 20590 (telephone 202–493–6052), of civil penalties * * * permitted to be accurately the degree of safety risk [email protected]. assessed for violation of specific associated with a violation of each SUPPLEMENTARY INFORMATION: regulations.’’ 53 FR 52918. These regulatory requirement and to ensure amendments revised not only the Table of Contents for Supplementary that the civil monetary penalty amounts maximum civil penalty amount for any Information are consistent across all FRA safety violation, but also the individual line- regulations. The New Proposal I. General Background item penalties for specific sections or represents a revision of FRA’s December II. Proceedings to Date, Provision of subsections of the regulations. 2006 proposal to amend the Schedules Opportunity for Comment, Comparison The Rail Safety Enforcement and for the same purposes (December 2006 of Initial and New Proposals Review Act (‘‘RSERA’’) (Pub. L. 102– A. Initial Proposal Proposal or Initial Proposal). 365), which was enacted September 3, B. Subsequent Changes in the Minimum 1992, increased the maximum penalty DATES: Written comments must be and Ordinary Maximum Civil Penalties for a violation of the hours of service received by October 21, 2010. C. Provision of Opportunity for Comment, laws, from $1,000 to $10,000 and in Comments received after that date will With Comparison of the Initial and New some cases to $20,000, making these be considered to the extent possible Proposals penalty amounts uniform with those of without incurring additional delay or III. FRA’s New Proposed Approach to FRA’s other regulatory provisions. expense. Reevaluating the Schedules of Civil Penalties RSERA also increased the minimum ADDRESSES: Comments: Comments IV. Rankings of the Rail Safety Regulatory penalty from $250 to $500 for all of related to this Docket No. FRA 2006– Provisions and the Hours of Service FRA’s regulatory provisions. 25274, Notice No. 2, may be submitted Laws in the New Proposal Since the publication of the by any of the following methods: A. Motive Power and Equipment Schedules in 1988, FRA has • Fax: 202–493–2251. Regulations (MP&E) (49 CFR Parts 215, periodically adjusted its minimum and • 218 (Partially), 223, 224, 227, 229, 230, Mail: U.S. Department of 231, 232, 238, and 239 (Partially)) its ordinary or aggravated maximum Transportation, Docket Operations, B. Track and Workplace Safety Regulations penalty to conform to the mandates of M–30, West Building Ground Floor, (49 CFR Parts 213 and 214) the Federal Civil Penalties Inflation Room W12–140, 1200 New Jersey C. Grade Crossing Signal Systems and Adjustment Act of 1990. 28 U.S.C. 2461 Avenue, SE., Washington, DC 20590. Signal and Train Control Regulations (49 note, as amended (‘‘Inflation Act’’). The • Hand Delivery: U.S. Department of CFR Parts 233, 234, 235, and 236) Inflation Act requires that an agency Transportation, Docket Operations, D. Operating Practices Regulations (49 CFR adjust by regulation each maximum M–30, West Building Ground Floor, Parts 217, 218 (Partially), 219, 220, 221, penalty, or range of minimum and Room W12–140, 1200 New Jersey 222, 225, 228, 239 (Partially), 240, and maximum penalties, within that 241) and the Hours of Service Laws (49 Avenue, SE., Washington, DC 20590, U.S.C. Chapter 211) agency’s jurisdiction periodically to between 9 a.m. and 5 p.m. Monday V. Response to Public Comment on the reflect inflation. In the Inflation Act, through Friday, except Federal holidays. Schedules Proposed in December 2006 Congress found a way to counter the • Federal eRulemaking Portal: Go to A. Concerns Related to Respondents That effect that inflation has had on the http://www.regulations.gov. Follow the Are Small Businesses penalties by having the agencies

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charged with enforcement responsibility amounts for initial penalty assessments. alleged violation. 73 FR 79698, Dec. 30, administratively adjust the penalties. These Schedules (and all line-item 2008. Currently FRA’s minimum penalty is penalty amounts found within them) are $650, the ordinary maximum is $25,000 statements of agency policy that specify II. Proceedings to Date, Provision of and the aggravated maximum is the penalty that FRA will ordinarily Opportunity for Comment, and $100,000 (for when a ‘‘grossly negligent assess for the violation of a particular Comparison of Initial and New violation or pattern of repeated section or subsection of a safety Proposals violations has caused an imminent regulation, and are published to inform A. Initial Proposal hazard or death or injury to individuals, members of the regulated community of or has caused death or injury’’). the amount that they are likely to be FRA published 25 proposed The Inflation Act requires only that assessed for a given violation within the Schedules with a request for comments the minimum, the ordinary maximum, range of $650 to $25,000. The Schedules on December 5, 2006, which first and the aggravated maximum civil are ‘‘meant to provide guidance as to presented the agency’s intention of once penalty for a violation be adjusted, not FRA’s policy in predictable situations, again comprehensively revising the civil that the guideline penalty amounts for not to bind FRA from using the full penalty amounts. 71 FR 70590. In this a specific type of violation (e.g., a range of penalty authority where Initial Proposal, FRA explained its section of a particular regulation) be extraordinary circumstances warrant.’’ approach to reevaluating the Schedules adjusted. As a result, FRA has not 49 CFR part 209, appendix A. Thus, and explained the severity scale that adjusted the line-item guideline regardless of the amounts shown in the was developed for setting line-item penalties found in the Schedules in Schedules, FRA continues to reserve the penalty amounts in the Schedules. The conjunction with its adjustments of the right to assess, within the range severity scale’s penalty amounts were minimum, maximum and aggravated established by the rail safety statutes (49 assessed within the statutory range for maximum civil penalties. FRA’s U.S.C. chapter 213) or by regulation civil penalties at that time, which was practice has been to issue Schedules pursuant to the Inflation Act, an amount from the minimum of $550 to the assigning to each section or subsection other than that listed in the Schedules ordinary maximum of $11,000, as of the regulations specific dollar based on the circumstances of the follows:

Ordinary Severity level (explained in the Initial Proposal and below) violations Willful violations

Level A ...... $8,500 $11,000 Level B ...... 6,500 9,000 Level C ...... 5,000 7,500 Level D ...... 3,000 4,500 Level E ...... 1,500 2,500

B. Subsequent Changes in the Minimum for 49 CFR part 232. 74 FR 15387, April Proposal, FRA is issuing another set of and Ordinary Maximum Civil Penalties 6, 2009.) proposed Schedules and seeking comments from the general public. Subsequently, in 2007, pursuant to C. Provision of Opportunity for Comments on the new proposed the requirements of the Inflation Act, Comment, With Comparison of the Schedules will be useful to the agency’s FRA recalculated the ordinary Initial and New Proposals maximum penalty and raised it from decision making process. $11,000 to $16,000. 71 FR 51194, Sept. Given the large statutorily mandated FRA has also slightly modified the 6, 2007. Then, on October 16, 2008, the increase in the ordinary maximum civil severity scale in the New Proposal from Rail Safety Improvement Act of 2008 penalty from $11,000 to $25,000 after the severity scale in the Initial Proposal. (Pub. L. 110–432, Div. A) (‘‘RSIA’’) was publication of the Initial Proposal, FRA In the New Proposal, FRA has used a enacted; Section 302 of the RSIA is offering the public an opportunity to targeted enforcement approach for increased the ordinary and aggravated review and comment on the new higher establishing the civil penalties for maximum penalty amounts to $25,000 civil penalty amounts assessed for ordinary (non-willful) violations of and $100,000, respectively. In a final violations on each severity scale level in railroad safety regulations. As part of rule published on December 30, 2008, the New Proposal.1 In the New the targeted enforcement approach, FRA adjusted its minimum penalty from $550 to $650 pursuant to Inflation Act 1 For example, the severity scale in this New thereby increase, even infinitesimally, the Proposal has five levels like the severity scale likelihood of an accident or incident. As a result, requirements. 73 FR 79698. In that rule proposed in the Initial Proposal. However, the the word ‘‘materially’’ was added to the criteria for FRA also evaluated whether it needed to severity scale in the New Proposal differs from the a Level E violation in the severity scale in this New increase the ordinary and aggravated severity scale in the Initial Proposal in several Proposal. Second, FRA has provided more maximum penalties pursuant to the ways. First, FRA has adding the word ‘‘materially’’ transparency and referenced the regulatory to the description of what constitutes a Level E language found in 49 CFR 225.19(d) to explain what Inflation Act; however, the enactment of violation in the New Proposal. Therefore, Level E FRA means when it says ‘‘Other accident/incident’’ the RSIA statutorily changed the violations in the New Proposal are violations that in Levels A–D in the severity scale in the New ordinary and aggravated maximum do not materially increase the likelihood that a rail Proposal. Third, FRA has clarified in the New penalties to $25,000 and $100,000, equipment accident/incident or other accident/ Proposal that civil monetary penalties associated incident will occur. This is a clarification from the with violations of FRA Orders or railroad safety respectively, and therefore rendered any previous definition for Level E violations in the statutes will be assessed according to severity scale inflationary adjustments to either figure Initial Proposal where Level E violations were criteria. Finally, as stated below, FRA has modified unnecessary. Instead, FRA adopted defined as violations that did not increase the its approach for establishing civil penalties in the $25,000 as the ordinary maximum and likelihood that a rail equipment accident/incident severity scale in this New Proposal. FRA is taking or other accident/incident would occur. This a graduated approach to assessing civil penalties for $100,000 as the aggravated maximum definition did not make sense because failure to ordinary (non-willful) violations while increasing required by the RSIA. (See also follow any FRA safety regulation would have some the civil penalty amounts in steady increments for correcting amendment to the Schedule direct or indirect impact on railroad safety and willful violations.

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ordinary violations occurring at the FRA would lower the severity scale 49 CFR part 232, subpart G middle and lower levels of the severity ranking of 49 CFR 225.35 (‘‘Access to (‘‘Electronically Controlled Pneumatic scale are assessed smaller civil penalties records and reports’’), from an ‘‘A’’ level (ECP) Braking Systems’’); and 49 CFR in relation to the ordinary maximum penalty to a ‘‘D’’ level penalty. This part 236, subpart I (‘‘Positive Train while the highest penalty amounts are proposed change in severity scale level Control Systems’’) are also included. assessed for ordinary Level A violations reflects FRA’s judgment that denying its FRA is also suggesting new penalty where serious injuries, deaths, or other inspectors access to records and reports amounts for 49 CFR part 227 railroad accidents or incidents are most required by 49 CFR part 225 is not (‘‘Occupational Noise Exposure’’) which likely to occur. FRA did not take a extremely likely to lead to a railroad was not ranked in the severity scale in targeted enforcement approach for accident/incident or other accident/ the Initial Proposal because the final establishing the civil penalty amounts injury including death, injury, or rule creating part 227 was published on for willful violations in the New occupational illness, but could slightly October 27, 2006, but not effective until Proposal. Instead, the civil penalty increase the likelihood of one of the February 26, 2007. 71 FR 63066. In amounts for willful violations increase above mentioned occurrences if FRA is addition, FRA will also be accepting up the severity scale in steady dollar not provided access to accident comments on the new penalties in 49 amounts, not in graduated percentage reporting records and reports. FRA CFR part 237 that were published in a increases like the civil penalties for expects that these proposed changes to bridge safety standards final rule on July ordinary violations. the severity scale rankings of some of its 15, 2010 and will become effective on Higher penalty amounts for violations violations in the Initial Proposal better September 13, 2010. 75 FR 41282. of Federal railroad safety laws and refine the agency’s application of the Further, FRA is proposing to add regulations are necessary because many Severity Scale to the various violations. language to 49 CFR part 228, appendix of FRA’s civil penalties have not been In addition, FRA is proposing minor A, to state its proposed guideline changed in real terms for many years. changes to its Schedules in this New penalty amounts for both non-willful As a result, inflation has somewhat Proposal to correct errors and omissions and willful violations of the hours of eroded the deterrent effects of most of and to reflect more accurately FRA’s service laws (49 U.S.C. chapter 211). In FRA’s civil penalties because the current enforcement practices. Such addition, this New Proposal would also amounts have not been increased to errors include obvious spelling or add or change language in the portion account for the effects of inflation. typographical errors that were caught of 49 CFR part 209, appendix A, entitled While many of the penalty amounts in during the review process. Omissions ‘‘Penalty Schedules: Assessment of the New Proposal would represent large corrected include line-item penalties for Maximum Penalties,’’ to reflect the new increases in penalty amounts even after any existing section or subsection that minimum, ordinary maximum, and adjusting for inflation, some penalty had been inadvertently omitted from an aggravated maximum civil penalties of amounts for violations would remain existing Schedule, such as 49 CFR $650, $25,000, and $100,000 unchanged (e.g., 49 CFR 219.205(b), 213.110. Other proposed minor respectively. Finally, FRA is also 222.49(b), 229.71, and 239.301(c)(1)) if revisions to the Schedules include, but proposing to add the language ‘‘or adopted by FRA because of the uniform are not limited to, adding or deleting a orders’’ in two places within this portion rating of FRA’s existing penalties on the suggested penalty for a violation (e.g., of part 209, appendix A to update the severity scale. The new penalty amounts 49 CFR 213.109(c), 214.343(a)(2), language to reflect FRA’s already in this New Proposal will maintain the 220.38, and 240.201(b)), rewording a existing policy of establishing civil deterrent effects of FRA’s rail safety line-item description for a violation penalty schedules and recommended penalties, aiding the success of FRA’s (e.g., 49 CFR 219.23(f) and 233.9), civil penalty amounts applicable to mission to make the United States rail renumbering violation subsections (e.g., violations of various orders issued by system safer. 49 CFR 214.343(b)(1), 236.587, FRA (such as emergency orders under FRA has also reexamined how it had 236.905(d), and 236.913(j)), and adding 49 U.S.C. 20104) when necessary to ranked individual rail safety violations or revising footnotes to the Schedules advance the agency’s safety mission. on the severity scale in the Initial (e.g., 49 CFR parts 214, 232, and 239). III. FRA’s New Proposed Approach to Proposal. Upon second review of the For example, FRA is proposing to add Reevaluating the Schedules of Civil severity scale rankings, FRA is a footnote 3 to the Schedule for 49 CFR Penalties proposing to move certain regulatory part 214 to clarify that FRA will consult provisions to higher or lower levels on the suggested penalty amounts under 49 The Federal Railroad Administrator is the severity scale in order to refine the CFR 214.343 (‘‘Training and authorized as the delegate of the agency’s application of the severity qualification, general:’’) when assessing Secretary of Transportation to enforce scale to the various violations. For penalties for the training violations in the Federal railroad safety statutes (49 example, FRA is proposing to raise the 49 CFR 214.345 through 214.355, as the U.S.C. chapters 201–213) regulations, severity scale ranking of 49 CFR 219.3 suggested penalty amounts for these and orders, including the statutory civil (‘‘Application: Railroad does not have sections had been left blank in previous penalty provisions at 49 U.S.C. chapter required program’’), in this New versions of part 214’s penalty schedule. 213. 49 CFR 1.49. FRA currently has 26 Proposal from a ‘‘C’’ level penalty to a FRA is hopeful these proposed minor parts of regulations that contain ‘‘B’’ level penalty. This change is changes updating its Schedules would Schedules.2 With this New Proposal, necessary because the failure of a provide a more accurate picture to the railroad covered by 49 CFR part 219 to regulated community of FRA’s actual 2 However, as previously stated, FRA recently have an alcohol and drug testing enforcement practices. published a final rule on bridge safety standards on July 15, 2010. 75 FR 41282. As part of that final program is more likely than not to cause New suggested penalty amounts have rule, FRA created new regulations and penalties a rail equipment accident/incident or also been proposed for violations of under 49 CFR part 237, which was previously an other accident/incident involving death, subparts that had not been mentioned in unused part of the CFR. Therefore after the injury, or occupational illness rather the existing penalty schedules: 49 CFR September 13, 2010 effective date for the final rule, ‘‘ FRA will have 27 parts of regulations that contain than just substantially increase the part 218, subpart E ( Protection of Schedules. In this New Proposal, FRA is also likelihood that one of these events could Occupied Camp Cars’’); 49 CFR part 228, accepting comments on the new penalties occur. Conversely, in this New Proposal, subpart D (‘‘Electronic Recordkeeping’’); contained in the final rule.

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FRA is proposing to amend each of the 1. Rail equipment accident/incident CFR, this FRA order, or this rail safety statute line-item guideline penalty amounts 2. Other accident/incident (including death, does not materially increase the likelihood contained within the Schedules for each injury, or occupational illness)5 that a rail equipment accident/incident or of the regulations and to add guideline FRA is proposing to issue a penalty guideline other accident/incident will occur, except in for Level ‘‘A’’ of $19,500 for an ordinary special circumstances, such as if the penalty amounts for violations of the violation and $25,000 for a willful violation noncompliance is willful or widespread. hours of service laws to 49 CFR part of the regulation, order, or statute. Nevertheless, noncompliance with any one of 228, appendix A (collectively, Penalty Level B—High Probability—Failure of these provisions undercuts the effectiveness Guidelines). In reevaluating the penalty railroad to comply with this section or of the Federal railroad safety program, and amounts in the Schedules, FRA has subsection of the CFR, this FRA order, or this could compromise the safety of rail developed a new proposed severity rail safety statute is more likely than not to operations. scale (‘‘New Proposed Severity Scale’’) result in the occurrence of: Example: Violation of § 225.13—Late for setting the line-item penalty 1. Rail equipment accident/incident; or Reports—Submitting a late accident/incident report to FRA does not increase the amounts for each violation of the safety 2. Other accident/incident (including death, injury, or occupational illness). likelihood that a rail equipment accident/ regulations and for violations of the FRA is proposing to issue a penalty incident or other accident/incident will hours of service laws. The severity scale guideline for Level ‘‘B’’ of $13,000 for an occur. Widespread noncompliance with that FRA is proposing to adopt in this New ordinary violation and $20,500 for a willful provision, however, could lead to Proposal is described in the following violation of the regulation, order, or statute. inaccuracies in Federal accident databases, section. which in turn could delay FRA’s response to For the following levels, FRA is not emerging safety problems. New Proposed Severity Scale for Setting only addressing the likelihood that FRA is proposing to issue a penalty Line-Item Penalty Amounts in FRA noncompliance will or could contribute guideline for Level ‘‘E’’ of $2,500 for an Penalty Guidelines to an accident or aggravated ordinary violation and $5,000 for a willful violation of the regulation, order, or statute. FRA’s rail safety regulations and the consequences if an accident occurred, rail safety statutes are intended either to but also the importance of maintaining Like the Initially Proposed Severity prevent a railroad accident/incident or compliance in order to prevent Scale, the New Proposed Severity Scale to mitigate the consequences if one were violations of these regulatory or shows, there are five different levels of to occur. For the most severe ratings on statutory sections or subsections from probabilities, ranging from ‘‘A’’ (the most the scale, FRA concentrated on the becoming leading accident causes in the severe) to ‘‘E’’ (the least severe of the degrees of likelihood that an accident/ future. types of violations). In developing the incident 3 will occur or that graver Level C—Moderate Probability—Failure of rankings (‘‘A’’ through ‘‘E’’), FRA consequences of an accident/incident railroad to comply with this section or concentrated on the degrees of will occur as a result of failing to subsection of the CFR, this FRA order, or this likelihood that an accident/incident will rail safety statute substantially increases the comply with the section. The following occur or that graver consequences will likelihood that one of the following will occur as a result of the failure to comply New Proposed Severity Scale is occur: intended to reflect this focus: with the particular section or subsection 1. Rail equipment accident/incident; or of the safety regulations or with the 2. Other accident/incident (including Level A–Very High Probability—Failure of statute. Using the New Proposed a railroad to comply with this section or death, injury, or occupational illness). FRA is proposing to issue a penalty Severity Scale, FRA then assigned a subsection of the Code of Federal Regulations ‘‘ ’’ ‘‘ ’’ (‘‘CFR’’), this FRA order, or this rail safety guideline for Level ‘‘C’’ of $9,500 for an ranking (from A to E ) to each of the statute is extremely likely to result in one or ordinary violation and $17,000 for a willful provisions of the particular rail safety more of the following events, but does not violation of the regulation, order, or statute. regulations and to the hours of service create an imminent hazard of death or injury Level D—Minor Probability—Failure of the statute, which the agency has to individuals or cause an actual death or railroad to comply with this section or responsibility for administering and injury 4: subsection of the CFR, this FRA order, or this rail safety statute slightly increases the enforcing. The resulting proposed line- likelihood that one of the following will item penalty amounts for violations of 3 ‘‘Accident/incident’’ is defined at 49 CFR 225.5. each of the sections or subsections of Accidents/incidents are divided into three occur: categories: highway-rail grade crossing accidents/ 1. Rail equipment accident/incident; or the safety regulations affected and for incidents, rail equipment accidents/incidents; and 2. Other accident/incident (including violations of the hours of service laws accidents/incidents resulting in death, injury, or death, injury, or occupational illness). reflect FRA’s determination, based on occupational illness. 49 CFR 225.19(c). A highway- FRA is proposing to issue a penalty safety data and industry knowledge, of rail grade crossing accident/incident is ‘‘[a]ny guideline for Level ‘‘D’’ of $5,500 for an how likely the violation of a particular impact between railroad on-track equipment and an ordinary violation and $10,000 for a willful automobile, bus, truck, motorcycle, bicycle, farm violation of the regulation, order, or statute. provision is to result in a rail equipment vehicle, or pedestrian at a highway-rail grade Level E—Minimal Probability—Failure to accident/incident or another type of crossing.’’ 49 CFR 225.5, read in light of 49 CFR accident/incident. Due to the increase in 225.19(c). Rail equipment accidents/incidents are comply with this section or subsection of the defined in 49 CFR 225.19(c) to include ‘‘collisions, the ordinary maximum from $11,000 to derailments, fires, explosions, acts of God, and the scale. The standard of ‘‘imminent hazard’’ of $25,000 since the Initial Proposal, the other events involving the operation of on-track death or injury (the standard for a civil penalty at new proposed civil penalty amounts equipment (standing or moving) * * * that result the aggravated maximum penalty) is different from have increased in most instances, but in in damage to railroad property that is greater than the standard of ‘‘extremely likely’’ to result in death the reporting threshold.’’ Currently the reporting or injury (the standard for Level A penalties on the some cases the new proposed civil threshold is $9,200. 74 FR 65458 (Dec. 10, 2009). severity scale). Imminent hazards are hazards that penalty amount would remain the same 4 FRA has statutory authority to assess civil are likely to occur without delay or that actually (e.g., 49 CFR 219.205(b), 222.49(b), penalties in the range of $650 (minimum) to may be occurring at the time the violation is taken. 229.71, and 239.301(c)(1)) if adopted by $25,000 (ordinary maximum) for ordinary In contrast, a hazard that is extremely likely to violations of its regulations. FRA may assess a result in a railroad accident/incident or another FRA. Nonetheless, a determination by penalty at the statutory aggravated maximum of accident/incident causing death, injury, or FRA that violation of a provision does $100,000 only ‘‘when a grossly negligent violation occupational disease has a high probability of not increase the likelihood that a rail or a pattern of repeated violations has caused an causing one or more of those adverse events sooner equipment accident/incident or other imminent hazard of death or injury to individuals, or later, but is not necessarily likely to occur or has caused death or injury.’’ A $100,000, without delay or contemporaneously when the accident will occur, however, does not statutory aggravated maximum penalty is the violation is taken. mean that the provision is equivalent of a Level A Plus and is, therefore, off 5 See 49 CFR 225.19(d). inconsequential to the effectiveness of

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the Federal railroad safety program or to violation and then the guideline penalty with those safety regulations. Therefore, the overall safety of railroad operations. amount for a willful violation. The the goal of the new proposed line-item Currently, each Schedule is in the ordinary penalties apply to railroads or penalty amounts for each of the form of a table consisting of three other respondents, except individuals, Schedules and the new proposed columns with one or more footnotes. while the ‘‘willful’’ column applies to penalty amount for violations of the Like the initially proposed Schedules, willful violations committed by hours of service statute is to reflect the the new proposed Schedules would railroads or individuals. different degrees of probability that a continue to be structured in this fashion The following chart summarizes the violation of a particular regulatory and to provide guideline penalty new proposed guideline amounts for section or subsection, order, or statute amounts for two categories of violations: ordinary and willful violations by will result in a rail equipment accident/ Ordinary (non-willful) and willful. Each severity level: incident or other accident/incident, in new proposed Schedule lists the CFR order to improve the overall safety of section or subsection in the left-hand Severity level Ordinary Willful railroad operations. column, sometimes with additional under new violations violations designations to distinguish different Proposal A. Motive Power and Equipment types of violations (penalty codes) of the Regulations (MP&E) (49 CFR Parts 215, section or subsection in order to Level A ...... $19,500 $25,000 218 (Partially), 223, 224, 227, 229, 230, Level B ...... 13,000 20,500 facilitate the assessment of civil Level C ...... 9,500 17,000 231, 232, 238, and 239 (Partially)) penalties. The only exception continues Level D ...... 5,500 10,000 In reevaluating the current line-item to be 49 CFR part 231; the left-hand Level E ...... 2,500 5,000 column of the new proposed Schedule penalty amounts for each of the CFR lists the FRA defect codes 6 for that part, sections or subsections found in 49 CFR IV. Rankings of the Rail Safety parts 215, 218 (partially), 223, 224, 227, and not the corresponding CFR sections. Regulatory Provisions and the Hours of 229, 230, 231, 232, 238, and 239 The reason for this continues to be the Service Laws in the New Proposal fact that the defect codes are organized (partially) of the CFR, FRA took into by the type of safety appliance, which Although the railroad industry’s consideration, among other factors, the makes them easier to use, than the overall safety record has improved over nationwide list of ‘‘Top 10’’ MP&E section numbers of part 231, which are the last decade, significant train defects. The defects are listed in the organized primarily by car or accidents/incidents continue to occur. table below, in descending order, locomotive type. Nevertheless, if As a result, the FRA’s safety program is according to the number of times that necessary, every defect code can be being guided by careful analysis of each defect was determined to have traced to a specific regulatory provision accident/incident, inspection, and other caused a rail equipment accident/ in part 231 or statutory provision in 49 safety data. FRA has also directed both incident, excluding highway-rail grade U.S.C. chapter 203, or both. The its regulatory and compliance efforts crossing accidents/incidents that are corresponding penalties for each toward the areas that involve the highest also classified as rail equipment violation are listed in the middle and of safety risks, in order to reduce the accidents/incidents (‘‘train accidents’’), right-hand columns: The guideline number and severity of accidents/ between January 2005 and December penalty amount for an ordinary incidents caused by a failure to comply 2009.

Journal (roller bearing) overheated—(143) Damaged flange or tread (build up)—(60) Pantograph defect (locomotive)—(121) Coupler retainer pin/cross key missing—(57) Side bearing clearance insufficient—(86) Rigging down or dragging—(49) Broken rim—(80) Other coupler/draft system defects; Worn Flange (tie)—(38) Truck bolster stiff—(67) Center sill broken or bent—(36)

The CFR sections or subsections that B. Track and Workplace Safety amounts for all the sections or relate to these defects have received Regulations (49 CFR Parts 213 and 214) subsections, FRA took into higher proposed rankings in the consideration the leading causes of Schedules compared to other MP&E In recent years, most of the serious track-related train accidents when defects and as such now carry higher accidents/incidents (train collisions or applying the New Proposed Severity penalty amounts. For example, a derailments resulting in a release of Scale to the Track Safety Standards. For violation of 49 CFR 215.103(d)(3), hazardous materials or harm to rail example, violations of 49 CFR 213.53 which involves a defective wheel rim passengers, rail employees, or the ‘‘Gage’’ received a new proposed ‘‘A’’ with a crack of one inch or more, general public) resulted from human ranking (and new proposed penalty received a proposed ‘‘A’’ severity factor or track causes. Over the last five guideline amounts of $19,500 for an ranking (and a proposed guideline years, 31.9 percent of train accidents ordinary violation and $25,000 for a penalty amount of $19,500) because of were caused by track defects. In an willful violation) because improper gage the high safety risk that the defect will effort to reduce track accidents, FRA is is one of the leading causes of track- cause a broken rim that, in turn, causes focusing its track inspections on the related train accidents. a derailment. In addition, FRA applied areas of highest risks and encouraging In ranking the sections or subsections the New Proposed Severity Scale in inspectors to recommend enforcement of 49 CFR part 214 (‘‘Railroad Workplace order to determine the degrees of action on the kinds of violations that are Safety’’), FRA took into consideration likelihood that any type of accident/ considered leading causes of track- not only the probability that an incident will occur as a result of caused train accidents. Therefore, in accident/incident could result if a noncompliance with the regulations. evaluating the line-item penalty violation occurred, but also the fact that

6 Defect codes were developed by FRA in order generated by FRA inspectors by providing a digital analytical tools only and are subject to change to facilitate computerization of inspection data format for every CFR section. Defect codes are without notice.

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the accident/incident could result in or its equivalent when not in connection suggested that FRA move instead, serious injury or death. One example of with a block or interlocking signal. towards a sliding scale system of civil the rankings for part 214 is the ranking These top causes are often involved in penalties based on the class of track for the second type of violation of 49 violations of such regulations as 49 CFR under 49 CFR part 213 that is involved CFR 214.103, coded 214.103(ii), ‘‘Failure part 220 (‘‘Railroad Communications’’). in the violation. In the alternative, to use fall protection.’’ This violation A review of the top four causes for ASLRRA suggested that FRA take the designated 214.103(ii) received a human factor train accidents between time to codify a second, lower schedule proposed ranking of ‘‘A’’ (and a January 2005 and December 2009 of penalties for small railroads. proposed guideline penalty of $19,500 showed that these causes accounted for In response to these concerns, FRA for an ordinary violation and $25,000 1,812 reportable train accidents/ would like to emphasize appendix C to for a willful violation) because the incidents (including 13 employee 49 CFR part 209, where FRA has violation could result in serious injury fatalities, 463 employee injuries, and published its policy statement or death, as evidenced by the several over $96 million in damages). Therefore, concerning small business entities. FRA bridge worker fatalities in the past 10 when applying the New Proposed understands that small entities in the years due to the failure to use fall Severity Scale to the regulatory rail industry have significantly different protection. provision or statute, FRA considered all characteristics from larger carriers and of this safety information in order to shippers. Therefore, FRA has developed C. Grade Crossing Signal Systems and ensure that each new proposed line- programs to respond to compliance- Signal and Train Control Regulations item penalty amount reflected the related inquiries of small entities, and to (49 CFR Parts 233, 234, 235, and 236) likelihood that noncompliance would ensure proper handling of civil penalty FRA applied the New Proposed result in a train accident/incident, or and other enforcement actions against Severity Scale to each of the sections in that graver consequences would occur small businesses. FRA inspectors 49 CFR parts 233, 234, 235, and 236, in as a result of failing to comply with the provide training on the requirements of order to determine the appropriate statute or section or subsection of the all railroad safety statutes for new and proposed rankings for each of the regulations. existing small businesses upon request. sections or subsections of the Also, it is FRA’s policy to maintain regulations. In the area of signal and V. Response to Public Comment on the frequent and open communications train control (S&TC), FRA followed the Schedules Proposed in December 2006 with the national representatives of the New Proposed Severity Scale, which As previously stated, the existing primary small entity associations and to concentrates on the potential for an Schedules are statements of agency consult with these organizations before accident/incident resulting from policy, which FRA has authority to embarking on new policies that may noncompliance. S&TC systems are vital amend or replace without having to impact the interests of small businesses. to the safe functioning of the general provide prior notice and opportunity for Additionally, FRA has posted all of its railroad system because train crews and comment under the Administrative manuals electronically for compliance highway motorists rely on the accuracy Procedure Act, 5 U.S.C. 553(b)(3)(A). with the rail safety disciplines at http:// of the information provided by these Nevertheless, FRA provided members www.fra.dot.gov. systems to make safe movements on the and representatives of the regulated FRA employs an enforcement policy railway system and through highway- community and the general public with that addresses the unique nature of rail grade crossings. While there are an opportunity to comment on the small entities in the imposition of civil relatively few train accidents and proposed line-item penalty amounts penalties and resolution of those highway-rail grade crossing accidents/ published on December 5, 2006. FRA assessments. Pursuant to appendix A to incidents associated with S&TC causes received six comments on the Schedules 49 CFR part 209, it is FRA’s policy to that have occurred in recent years, the proposed in December 2006. FRA has consider a variety of factors in consequences of an S&TC-caused considered the comments received and determining whether to take accident can be catastrophic. Therefore, now responds to the questions and enforcement action against persons, it is imperative that the Schedules put concerns raised in them. including small entities, who have into effect by FRA reflect the levels of violated the safety laws and regulations. risks associated with the violation of A. Concerns Related to Respondents In general, the presence of both good these CFR sections or subsections, in That Are Small Businesses faith and prompt remedial action on the order to prevent future S&TC-caused The Small Railroad Business Owners part of the small entity militates against accidents. of America (‘‘SRBOA’’) commented that taking a civil penalty action, especially FRA’s December 2006 proposed civil if the violation is an isolated event. D. Operating Practices Regulations (49 penalty policy does not adequately take Once FRA has assessed a civil penalty, CFR Parts 217, 218 (Partially), 219, 220, into account the interests of small FRA may adjust or compromise the 221, 222, 225, 228, 239 (Partially), 240, businesses. The commenter suggested initial penalty claim based on a wide and 241) and Hours of Service Laws (49 that doubling certain civil penalties for variety of mitigating factors. The U.S.C. Chapter 211) smaller railroads is unfair, especially mitigating criteria that FRA applies are Over the five years from January 2005 because most of the accidents/incidents found in the railroad safety statutes at to December 2009, human-factor-related occur on larger railroads. The 49 U.S.C. ch. 213 and in the Small causes accounted for 34.2 percent of all commenter also asked that FRA provide Business Regulatory Enforcement train accidents. A review of the FRA’s additional training and assistance to Fairness Act of 1996 (Pub. L. 104–121) Office of Railroad Safety database smaller railroads in comprehension and (‘‘SBREFA’’); these factors include the indicated that in 2009 the top four application of the rail safety regulations. severity of the safety or health risk human factor causes contributing to In addition, the American Short Line presented; the existence of alternative train accidents were improperly lined and Regional Railroad Association methods of eliminating the safety switches; employees absent on, at, or (‘‘ASLRRA’’) commented that the hazard; the entity’s culpability; the ahead of a shoving movement; failure to proposed statement of agency policy entity’s compliance history; the entity’s control during a shoving movement; and ignores the effect that proposed amounts ability to pay the assessment; the impact failure to comply with restricted speed would have on small railroads. ASLRRA an assessment might exact on the

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entity’s continued business; and of the community into account when pedestrian safety with community noise evidence that the entity acted in good determining the penalty amount that a concerns. Decreasing the civil monetary faith. 49 CFR part 209, appendix C. violation merits. FRA believes that it is penalty would reduce the incentive to FRA’s enforcement policy with important that sufficient warning be comply with the part and potentially respect to small entities is flexible and provided to the motorist who needs increase noise for the surrounding comprehensive, but FRA’s first priority time to recognize the audible signal, communities. FRA maintains that the in its compliance and enforcement understand its message, initiate a initial and new proposed ‘‘D’’ level activities is public and employee safety. reaction, and take appropriate action penalty for a violation of § 222.45 FRA notes that an accident on a small when at a grade crossing. See 71 FR sufficiently addresses the concerns that railroad could have the same 47618, Aug. 17, 2006. If the train horn brought about the part 222 rulemaking. consequences as an accident on a large is sounded more than 25 seconds before See 71 FR 47614, Aug. 17, 2006. railroad. Therefore, small railroads are the train enters the train crossing, AAR also argued that a ‘‘B’’ level responsible for compliance with the motorists might well begin to doubt the penalty for a violation of 49 CFR 225.13 railroad safety statutes and regulations. credibility of the train horn as an was unmerited, as a railroad’s filing of Finally, the Small Railroad Business indicator of the train’s immediacy to the a report one day late would not be more Owners’ Association of America grade crossing. As a result, motorists likely to cause an accident or incident. (‘‘SRBOA’’) commented that FRA’s civil will be more likely to take the risk of FRA has taken into consideration penalties were higher than those used traveling through the crossing even AAR’s comments involving FRA’s by the Federal Motor Carrier Safety when the train horn is sounded. regulations on accident/incident Administration (‘‘FMCSA’’) for enforcing The rule text for § 222.21(b) also reporting, 49 CFR part 225. FRA commercial motor vehicle driver and provides a ‘‘good faith’’ exception for the acknowledges the merits in AAR’s trucking safety, and suggested that FRA required length of time that the horn is comments with regard to § 225.13, and should impose civil penalties for sounded. The section permits additional FRA has revised the proposed penalty smaller railroads only if discussing the flexibility by stating that the engineer ranking for a violation of § 225.13 from situation with them does not work first. shall not be in violation of § 222.21(b) a ‘‘B’’ to an ‘‘E.’’ Upon reevaluating how As explained above, FRA’s rail safety if the engineer sounds the horn not part 225 violations were ranked on the inspectors take into account a variety of more than 25 seconds before the severity scale in the Initial Proposal, factors in determining whether to take crossing, if in good faith the engineer FRA has lowered many of the proposed enforcement actions. They have the cannot precisely estimate the arrival severity scale rankings for violations of option of citing the railroads for defects, time of the train at the crossing. FRA this part. For example, FRA has which in their judgment do not merit has determined that the interests of determined to change the ranking of a civil penalties before citing them for avoiding an accident or incident as well § 225.11 violation (failure to submit violations, which do carry civil penalty as the interests of the community have monthly report of accidents/incidents) recommendations. Also, FRA does not been taken into account in assessing from a proposed ‘‘B’’ to a proposed ‘‘D’’ believe it is appropriate to compare violations of § 222.21(b) as a proposed level penalty. At the same time, FRA FRA’s rail safety penalties to FMCSA’s ‘‘D’’ level penalty with the exception of has determined that a violation of penalties for driver and trucking safety. ‘‘failure to sound the horn at least 15 § 225.9, failure to report certain The safety considerations in the seconds and less than 1⁄4-mile before a accidents or incidents, immediately via trucking and rail industries are very crossing,’’ which is assessed as a telephone to the National Response different. An accident involving a train proposed ‘‘C’’ level penalty. Center, would be more detrimental to is potentially far more catastrophic and Additionally, AAR stated that routine railroad safety, because the failure could costly than a similar accident involving sounding of the horn at a grade crossing prevent FRA from learning about the a truck. For example, one railroad tank within a quiet zone, pursuant to event and deciding whether or not the car could contain many truckloads of § 222.45, will not increase the agency should commence an hazardous material, and one train could likelihood of an accident or incident. investigation. Even delayed notification consist of many such railroad tank cars. With regard to AAR’s comment on could compromise such an investigation § 222.45, although sounding the train and prevent FRA from obtaining B. Concerns About Initially Proposed horn in a quiet zone may not information that could identify safety Penalty Amounts for Violations of 49 substantially increase the likelihood of problems that could cause future CFR Parts 222, 225, and 229 an accident the first time or the first few accidents or incidents. FRA has, The Association of American times, trains that routinely sound their therefore, changed the penalty amount Railroads (‘‘AAR’’) stated that, in several horns at quiet-zone grade crossings from a proposed ‘‘E’’ to a proposed ‘‘C’’ cases, the penalties proposed in might cause motorists to doubt the level penalty. December 2006 are disproportionate to credibility of signs marking a grade Finally, AAR stated that a ‘‘C’’ level the severity of the violation. crossing as a quiet-zone grade crossing penalty for a violation of a provision of Specifically, AAR took exception to and whether a particular grade crossing the Locomotive Safety Standards, 49 penalties proposed for noncompliance is actually a quiet-zone grade crossing. CFR 229.137(a)(3), was uncalled for, as with 49 CFR parts 222, 225, and 229. Therefore, if routine violations of a quiet the lack of a toilet in the lead With regard to part 222 (the train horn zone continue, motorists will begin to locomotive will not ‘‘substantially rule), AAR contended that a ‘‘D’’ level expect the warning of a train horn when increase the likelihood of an accident or penalty for a violation of § 222.21(b) is a train is preparing to enter quiet-zone incident.’’ unsubstantiated, as the sounding of a grade crossings where routine violations When FRA promulgated the notice of horn for more than 20 seconds will not of the quiet zone occur. That could proposed rulemaking for the locomotive increase the likelihood of an accident or predictably lead to fatal accidents. cab sanitation standards, FRA incident. In addition, violations of § 222.45 determined that serious health FRA provides that the train horn rule increase the annoyance level of the consequences may result if railroad focuses on public and community communities surrounding the grade employees are exposed to unsanitary interests. To remain true to the intention crossing. A fundamental feature of this conditions or lack access to facilities. In of the rule, FRA must take the interests rule was to balance driver and fact, it is widely known that exposure to

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human fecal matter or untreated sewage was published on June 16, 2008. 73 FR penalties without first adjusting the waste can lead to diarrheal diseases 33888. current penalty amounts for inflation. such as amebiasis, giardiasis, Inflation erodes the purchasing power of D. Concerns About Effects on FRA’s shigellosis, and viral diseases such as money over time. As previously stated Confidential Close Call Reporting in this New Proposal, the enforcement hepatitis. See 66 FR 137, Jan. 2, 2001. Project FRA notes that any one of these and deterrent effects of the current mentioned conditions would fulfill the The BLET also provided comments penalties have decreased over time as reporting requirements under the exhibiting a concern as to how the they had not been increased line by line definition of an ‘‘occupational illness’’ proposed penalty schedule in the Initial to account for the effects of inflation. A pursuant to 49 CFR 225.19(d) and Proposal would impact FRA’s better, ‘‘apples-to-apples’’ comparison therefore be considered an accident/ Confidential Close Call Reporting Pilot would be to compare the proposed incident within the meaning of the Project (‘‘Close Call Project’’). The Close penalties to the inflation-adjusted, or initially proposed Severity Scale and Call Project involves encouraging real, current penalties. Adjusting for the New Proposed Severity Scale. FRA employees from its participating inflation allows comparison of the also notes that an engineer who railroads to report ‘‘close call’’ incidents penalties using dollars with the same contracts one of those diseases on duty voluntarily and anonymously. A ‘‘close purchasing power. might well be unable to operate his or call’’ is an event in which a death, a Given that inflation-adjusted, current her train safely. personal injury, or property damage is penalties serve as the proper baseline narrowly averted. Thus, a ‘‘close call’’ for measuring change, it is significant C. Concerns Related to Respondents presents an opportunity to improve that many of the current penalties have Who Are Cited as Individuals safety practices in a situation or not changed in nominal terms for many The Brotherhood of Locomotive incident that has potential for more years. Engineers and Trainmen (‘‘BLET’’) had a serious consequences by allowing the As previously stated, in undertaking people involved to report the event in number of comments on civil penalties this effort to revise the Schedules detail without fear of adverse against individuals for rail safety comprehensively after many years, FRA consequences, thereby providing FRA violations. The BLET raised concern is focusing on areas that pose greater with vital data about precursors to safety risks, and maintaining that FRA’s conclusions on the data accidents or incidents that FRA might enforcement in other regulatory areas indicate a ‘‘lack of discipline by the otherwise not receive. The information per its authority to set penalty workers.’’ Also, the commenter collected from the Close Call Project guidelines within the minimum, suggested that the December 2006 provides an opportunity to identify and ordinary maximum, and aggravated proposed statement of agency policy correct weaknesses in a railroad’s safety maximum statutory penalties. With the suffers from ‘‘the same infirmity as the system before an accident/incident or New Proposal, some of the proposed railroad operating rules NPRM (notice of other unsafe event occurs. The system penalty amounts if adopted by FRA will proposed rulemaking).’’ Overall, the can also be used to monitor changes in indeed show large increases, even after BLET seemed very concerned with the safety over time and to uncover hidden adjusting for inflation.7 However, as effect that a larger penalty would have unsafe conditions that were previously previously stated, some newly proposed on an individual as opposed to a unreported. penalty amounts for violations would railroad. FRA does not agree with BLET’s remain unchanged (e.g., 49 CFR FRA responds that civil penalties comment that the Initial Proposal would 219.205(b), 222.49(b), 229.71, and assessed against individuals pursuant to nullify the incentive for voluntary 239.301(c)(1)). Again, the penalty the rail safety statutes, regulations, and submission of information in this pilot amounts in the New Proposal reflect the orders may be assessed administratively program. The employees participating only if FRA determines that the in the Close Call Project are protected 7 For example, BLET stated that the penalty for 49 individual’s conduct was willful in from carrier discipline, decertification, CFR 214.103(ii) (‘‘Failure to use fall protection’’) nature. 49 U.S.C. 21304. ‘‘FRA considers would increase 340 percent. Expressing the original and FRA enforcement action in the penalty amounts in 2006 dollars (for consistency a ‘willful’ violation to be one that is an same manner regardless of whether the with the first proposed penalty schedules that were intentional, voluntary act committed civil penalties are increased. Before a published on December 5, 2006), the increase either with knowledge of the relevant Close Call Project may be initiated, the would actually have been 204 percent; however, law or reckless disregard for whether with the proposed penalties in this notice, the employing railroad and the employees’ increase in real dollars would be 559 percent. the act violated the requirements of the union representatives sign a Similarly, for 49 CFR 218.22(c)(5) (‘‘Utility law.’’ 49 CFR part 209, appendix A. FRA memorandum of understanding employees: Assignment conditions: Performing continues to hold that the higher (‘‘MOU’’) that specifies each party’s functions not listed’’), BLET found an 87.5 percent penalties for a willful violation serve to increase. Measured in 2006 dollars, the difference rights and responsibilities. Revising the between the current penalties and the originally- deter an individual from engaging in Schedules would not impact any MOU proposed revised penalties would have been 15 this type of egregious behavior. Further, that has been implemented, and would percent, and with the proposed penalties in this FRA assesses rail safety civil penalties not affect any MOU that is to be notice, the real difference would be about 46 against railroads at a substantially implemented in the future, as they percent. For 49 CFR 219.11(b)(1) (‘‘General conditions for chemical tests: Employee unlawfully higher frequency than against would not expand FRA’s enforcement refuses to participate in testing’’), BLET calculated individuals. As neither the Initial authority. a 120 percent increase, the change in real dollars Proposal nor the New Proposal from the original proposal would have been 41 addresses the issues covered in E. Concerns About Proposed Monetary percent. With the proposed penalties in this New ‘‘ Increases in the Civil Penalty Amounts Proposal, the increase would be about 22 percent Railroad Operating Rules: Program of (Upon reevaluating the severity scale rankings in Operational Tests and Inspections; Commenters measured the change the Initial Proposal, FRA lowered the severity scale Railroad Operating Practices: Handling between the current penalties and the ranking for violations of § 219.11(b)(1) from a Equipment, Switches and Fixed initially proposed penalties in nominal proposed ‘‘A’’ to a proposed ‘‘D’’ level penalty.) In ’’ terms. That is, commenters calculated each of these examples, the rules concern areas of Derails, FRA declines to respond in significant risk. Consequentially, FRA has this proposal to comments regarding the price change between the initially determined that higher proposed penalties are that rulemaking, in which a final rule proposed penalties and the current necessary and justified.

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reanalyzed risk basis for the penalty 49 CFR Part 224 employees, Railroad safety, Reporting amounts and the new ordinary Penalties, Railroad locomotive safety, and recordkeeping requirements. maximum statutory penalty. FRA Railroad safety, Reporting and 49 CFR Part 241 believes that these new proposed recordkeeping requirements. Schedules will maintain and increase Communications, Penalties, Railroad the effect of the civil monetary 49 CFR Part 225 safety, Reporting and recordkeeping penalties, fostering a higher overall level Investigations, Penalties, Railroad requirements. of safety. safety, Reporting and recordkeeping In consideration of the foregoing, FRA requirements. proposes to amend parts 209, 213, 214, List of Subjects 215, 217, 218, 219, 220, 221, 222, 223, 49 CFR Part 209 49 CFR Part 227 224, 225, 227, 228, 229, 230, 231, 232, Locomotives, Noise control, 233, 234, 235, 236, 238, 239, 240, and Administrative practice and Occupational safety and health, 241 of subtitle B, chapter II of title 49 procedure, Hazardous materials Penalties, Railroad safety, Reporting and of the Code of Federal Regulations to transportation, Penalties, Railroad recordkeeping requirements. read as follows: safety, Reporting and recordkeeping requirements. 49 CFR Part 228 PART 209—[AMENDED] 49 CFR Part 213 Administrative practice and 1. The authority citation for part 209 procedures, Buildings and facilities, continues to read as follows: Bridges, Penalties, Railroad safety, Hazardous materials transportation, Authority: 49 U.S.C. 5123, 5124, 20103, Reporting and recordkeeping Noise control, Penalties, Railroad requirements. 20107, 20111, 20112, 20114; 28 U.S.C. 2461, employees, Railroad safety, Reporting note; and 49 CFR 1.49. 49 CFR Part 214 and recordkeeping requirements. 2. Appendix A to part 209 is revised Bridges, Occupational safety and 49 CFR Part 229 to read as follows: health, Penalties, Railroad safety, Penalties, Railroad safety, Reporting Appendix A to Part 209—Statement of Reporting and recordkeeping and recordkeeping requirements. Agency Policy Concerning Enforcement requirements. 49 CFR Part 230 of the Federal Railroad Safety Laws 49 CFR Part 215 Penalties, Railroad safety, Reporting Penalty Schedules: Assessment of Maximum Freight, Penalties, Railroad safety, and recordkeeping requirements. Penalties Reporting and recordkeeping As recommended by the Department of requirements. 49 CFR Part 231 Transportation in its initial proposal for rail Penalties, Railroad safety. safety legislative revisions in 1987, the RSIA 49 CFR Part 217 raised the maximum civil penalties for 49 CFR Part 232 Penalties, Railroad safety, Reporting violations of the safety regulations or orders. Penalties, Railroad safety, Reporting Under the Hours of Service Act, the penalty and recordkeeping requirements. was changed from a flat $500 to a penalty of and recordkeeping requirements. 49 CFR Part 218 ‘‘up to $1,000, as the Secretary of 49 CFR Part 233 Transportation deems reasonable.’’ Under all Occupational safety and health, the other statutes, the maximum penalty was Penalties, Railroad employees, Railroad Penalties, Railroad safety, Reporting raised from $2,500 to $10,000 per violation, safety, Reporting and recordkeeping and recordkeeping requirements. except that ‘‘where a grossly negligent requirements. violation or pattern of repeated violations has 49 CFR Part 234 created an imminent hazard of death or 49 CFR Part 219 Highway safety, Penalties, Railroad injury,’’ the penalty was raised to a maximum of $20,000 per violation. Alcohol abuse, Drug abuse, Drug safety, Reporting and recordkeeping requirements. The Rail Safety Enforcement and Review testing, Penalties, Railroad safety, Act (RSERA), enacted in 1992, increased the Reporting and recordkeeping 49 CFR Part 235 maximum penalty from $1,000 to $10,000 requirements, Safety, Transportation. Administrative practice and and in some cases, $20,000 for a violation of the hours of service laws, making these 49 CFR Part 220 procedure, Penalties, Railroad safety, penalty amounts uniform with those of FRA’s Reporting and recordkeeping Penalties, Radio, Railroad safety, other regulatory provisions and orders. requirements. Reporting and recordkeeping RSERA also increased the minimum civil requirements. 49 CFR Part 236 monetary penalty from $250 to $500 for all of FRA’s regulatory provisions and orders. 49 CFR Part 221 Penalties, Railroad safety, Reporting The Federal Civil Penalties Inflation and recordkeeping requirements. Adjustment Act of 1990, Public Law 101– Penalties, Railroad safety, Reporting 410, 104 Stat. 890, note, as amended by and recordkeeping requirements. 49 CFR Part 238 Section 31001(s)(1) of the Debt Collection 49 CFR Part 222 Fire prevention, Penalties, Railroad Improvement Act of 1996 (Pub. L. 104–134, safety, Reporting and recordkeeping 110 Stat. 1321–373, April 26, 1996) (Inflation Administrative practice and requirements. Act) required that agencies adjust by procedure, Penalties, Railroad safety, regulation each minimum and maximum Reporting and recordkeeping 49 CFR Part 239 civil monetary penalty within the agency’s requirements. jurisdiction for inflation and make Penalties, Railroad safety, Reporting subsequent adjustments once every four 49 CFR Part 223 and recordkeeping requirements. years after the initial adjustment. 49 CFR Part 240 Accordingly, FRA’s minimum and maximum Glass and glass products, Penalties, civil monetary penalties have been adjusted. Railroad safety, Reporting and Administrative practice and In 2008, the Rail Safety Improvement Act recordkeeping requirements. procedure, Penalties, Railroad of 2008 (RSIA of 2008) was enacted raising

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FRA’s civil monetary ordinary and a statement of agency policy, and is violation where a grossly negligent violation aggravated maximum penalties to $25,000 ordinarily issued as an appendix to the has created an imminent hazard of death or and $100,000 respectively. FRA amended the relevant part of the Code of Federal injury. This authority to assess a penalty for civil penalty provisions in its regulations so Regulations. For each regulation or order, the a single violation above $25,000 and up to as to make $25,000 the ordinary maximum schedule shows two amounts within the $100,000 is used only in very exceptional penalty per violation and $100,000 the $650 to $25,000 range in separate columns, cases to penalize egregious behavior. FRA aggravated maximum penalty per violation, the first for ordinary violations, the second as authorized by the RSIA of 2008, in a final for willful violations (whether committed by indicates in the penalty demand letter when rule published on December 30, 2008 in the railroads or individuals). In one instance— it uses the higher penalty amount instead of Federal Register. 73 FR 79700. The part 231—the schedule refers to sections of the penalty amount listed in the schedule. December 30, 2008 final rule also adjusted the relevant FRA defect code rather than to the minimum civil penalty from $550 to $650 sections of the CFR text. Of course, the defect PART 213—[AMENDED] pursuant to Inflation Act requirements. Id. A code, which is simply a reorganized version correcting amendment to the civil penalty of the CFR text used by FRA to facilitate 3. The authority citation for part 213 provisions in 49 CFR part 232 was published computerization of inspection data, is continues to read as follows: on April 6, 2009. 74 FR 15388. substantively identical to the CFR text. FRA’s traditional practice has been to issue Accordingly, under each of the schedules Authority: 49 U.S.C. 20102–20114 and penalty schedules assigning to each (ordinarily in a footnote), and regardless of 20142; 28 U.S.C. 2461, note; and 49 CFR particular regulation or order specific dollar the fact that a lesser amount might be shown 1.49(m). amounts for initial penalty assessments. The in both columns of the schedule, FRA schedule (except where issued after notice reserves the right to assess the statutory 4. Appendix B to part 213 is revised and an opportunity for comment) constitutes maximum penalty of up to $100,000 per to read as follows:

APPENDIX B TO PART 213—SCHEDULE OF CIVIL PENALTIES 1

23 Willful Section Violation violation

Subpart A—General 213.4(a) Excepted track 2 ...... $9,500 $17,000 213.4(b) Excepted track 2 ...... 13,000 20,500 213.4(c) Excepted track 2 ...... 13,000 20,500 213.4(d) Excepted track 2 ...... 13,000 20,500 213.4(e): (1) Excepted track ...... 13,000 20,500 (2) Excepted track ...... 13,000 20,500 (3) Excepted track ...... 13,000 20,500 (4) Excepted track ...... 13,000 20,500 213.4(f) Excepted track ...... 5,500 10,000 213.7 Designation of qualified persons to supervise certain renewals and inspect track ...... 9,500 17,000 213.9 Classes of track: Operating speed limits ...... 19,500 25,000 213.11 Restoration or renewal of track under traffic conditions ...... 9,500 17,000 213.13 Measuring track not under load ...... 13,000 20,500 Subpart B—Roadbed 213.33 Drainage ...... 13,000 20,500 213.37 Vegetation ...... 9,500 17,000 Subpart C—Track Geometry 213.53 Gage ...... 19,500 25,000 213.55 Alignment ...... 13,000 20,500 213.57 Curves; elevation and speed limitations ...... 13,000 20,500 213.59 Elevation of curved track; runoff ...... 13,000 20,500 213.63 Track surface ...... 13,000 20,500 Subpart D—Track Structure 213.103 Ballast; general ...... 9,500 17,000 213.109 Crossties: (a) Material used ...... 5,500 10,000 (b) Distribution of ties ...... 13,000 20,500 (d) Sufficient number of nondefective ties ...... 9,500 17,000 (f) Joint ties ...... 9,500 17,000 (g) Track constructed without crossties ...... 9,500 17,000 213.110 Gage restraint measurement systems: (a) through (b) Notification ...... 9,500 17,000 (c) Design requirements ...... 13,000 20,500 (g) through (i) Exception reports ...... 9,500 17,000 (j) Data integrity ...... 13,000 20,500 (k) Training ...... 9,500 17,000 (l) Remedial actions ...... 19,500 25,000 (m) PTLF ...... 13,000 20,500 (n) Recordkeeping ...... 9,500 17,000 (o) Inspection frequency ...... 19,500 25,000 213.113 Defective rails ...... 19,500 25,000 213.115 Rail end mismatch ...... 9,500 17,000 213.118(a) CWR plan in effect ...... 13,000 20,500 213.118(b) CWR plan filed with FRA ...... 13,000 20,500 213.119 Continuous welded rail:

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APPENDIX B TO PART 213—SCHEDULE OF CIVIL PENALTIES 1—Continued

23 Willful Section Violation violation

(a) CWR installation/adjustment procedures ...... 13,000 20,500 (b) CWR fastening requirements ...... 13,000 20,500 (c) CWR joint installation/maintenance procedures ...... 13,000 20,500 (d) CWR rail temperature requirements ...... 13,000 20,500 (e) CWR alinement ...... 13,000 20,500 (f) Procedures for controlling train speed on CWR track ...... 13,000 20,500 (g) CWR track inspections ...... 13,000 20,500 (h) CWR joint bar inspections ...... 13,000 20,500 (i) CWR training ...... 13,000 20,500 (j) CWR records ...... 9,500 17,000 (k) CWR manual at job site ...... 9,500 17,000 213.121(a) Rail joints ...... 13,000 20,500 213.121(b) Rail joints ...... 13,000 20,500 213.121(c) Rail joints ...... 19,500 25,000 213.121(d) Rail joints ...... 13,000 20,500 213.121(e) Rail joints ...... 13,000 20,500 213.121(f) Rail joints ...... 13,000 20,500 213.121(g) Rail joints ...... 13,000 20,500 213.121(h) Rail joints ...... 13,000 20,500 213.122 Torch cut rail ...... 13,000 20,500 213.123 Tie plates ...... 9,500 17,000 213.127 Rail fastenings ...... 13,000 20,500 213.133 Turnouts and track crossings, generally ...... 9,500 17,000 213.135 Switches: ...... (a) through (g) ...... 13,000 20,500 (h) chipped or worn points ...... 13,000 20,500 213.137 Frogs ...... 13,000 20,500 213.139 Spring rail frogs ...... 13,000 20,500 213.141 Self-guarded frogs ...... 9,500 17,000 213.143 Frog guard rails and guard faces; gage ...... 13,000 20,500 Subpart E—Track Appliances and Track-Related Devices 213.205 Derails ...... 9,500 17,000 Subpart F—Inspection 213.233 Track inspections ...... 9,500 17,000 213.235 Switches, crossings, transition devices ...... 9,500 17,000 213.237 Inspection of rail ...... 13,000 20,500 213.239 Special inspections ...... 9,500 17,000 213.241 Inspection records ...... 9,500 17,000 Subpart G—Train Operations at Track Classes 6 and Higher 213.305 Designation of qualified individuals; general qualifications ...... 19,500 25,000 213.307 Class of track; operating speed limits ...... 19,500 25,000 213.309 Restoration or renewal of track under traffic conditions ...... 19,500 25,000 213.311 Measuring track not under load ...... 13,000 20,500 213.319 Drainage ...... 9,500 17,000 213.321 Vegetation ...... 9,500 17,000 213.323 Track gage ...... 19,500 25,000 213.327 Alignment ...... 19,500 25,000 213.329 Curves, elevation and speed limits ...... 19,500 25,000 213.331 Track surface ...... 19,500 25,000 213.333 Automated vehicle inspection systems ...... 19,500 25,000 213.335 Crossties: (a) Material used ...... 9,500 17,000 (b) Distribution of ties ...... 13,000 20,500 (c) Sufficient number of nondefective ties, non-concrete ...... 9,500 17,000 (d) Sufficient number of nondefective, concrete ties ...... 19,500 25,000 (e) Joint ties ...... 19,500 25,000 (f) Track constructed without crossties ...... 19,500 25,000 (g) Non-defective ties surrounding defective ties ...... 19,500 25,000 (h) Tie plates ...... 19,500 25,000 (i) Tie plates ...... 19,500 25,000 213.337 Defective rails ...... 19,500 25,000 213.339 Inspection of rail in service ...... 19,500 25,000 213.341 Inspection of new rail ...... 19,500 25,000 213.343 Continuous welded rail (a) through (h) ...... 19,500 25,000 213.345 Vehicle qualification testing (a) through (b) ...... 19,500 25,000 (c) through (e) ...... 19,500 25,000 213.347 Automotive or railroad crossings at grade ...... 13,000 20,500 213.349 Rail end mismatch ...... 13,000 20,500 213.351(a) Rail joints ...... 19,500 25,000

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APPENDIX B TO PART 213—SCHEDULE OF CIVIL PENALTIES 1—Continued

23 Willful Section Violation violation

213.351(b) Rail joints ...... 19,500 25,000 213.351(c) Rail joints ...... 19,500 25,000 213.351(d) Rail joints ...... 19,500 25,000 213.351(e) Rail joints ...... 13,000 20,500 213.351(f) Rail joints ...... 19,500 25,000 213.351(g) Rail joints ...... 19,500 25,000 213.352 Torch cut rails ...... 9,500 17,000 213.353 Turnouts, crossovers, transition devices ...... 19,500 25,000 213.355 Frog guard rails and guard faces; gage ...... 13,000 20,500 213.357 Derails ...... 9,500 17,000 213.359 Track stiffness ...... 19,500 25,000 213.361 Right of way ...... 9,500 17,000 213.365 Visual inspections ...... 19,500 25,000 213.367 Special inspections ...... 19,500 25,000 213.369 Inspections records ...... 9,500 17,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 In addition to assessment of penalties for each instance of noncompliance with the requirements identified by this footnote, track segments designated as excepted track that are or become ineligible for such designation by virtue of noncompliance with any of the requirements to which this footnote applies are subject to all other requirements of part 213 until such noncompliance is remedied. 3 The penalty schedule uses section numbers from 49 CFR part 213. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 214—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 6. Appendix A to part 214 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 5. The authority citation for part 214 continues to read as follows:

APPENDIX A TO PART 214—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Bridge Worker Safety Standards 214.103 Fall protection: (i) Failure to provide fall protection ...... $13,000 $20,500 (ii) Failure to use fall protection ...... 19,500 25,000 214.105 Standards and practices: (a) General: (1) Fall protection used for other purposes ...... 9,500 17,000 (2) Failure to remove from service ...... 9,500 17,000 (3) Failure to protect from deterioration ...... 9,500 17,000 (4) Failure to inspect and remove ...... 13,000 20,500 (5) Failure to train ...... 13,000 20,500 (6) Failure to provide for prompt rescue ...... 13,000 20,500 (7) Failure to prevent damage ...... 9,500 17,000 (8) Failure to use proper connectors ...... 9,500 17,000 (9) Failure to use proper anchorages ...... 9,500 17,000 (b) Fall arrest system: (1)–(17) Failure to provide conforming equipment ...... 9,500 17,000 (c) Safety net systems: (1) Failure to install close to workplace ...... 9,500 17,000 (2) Failure to provide fall arrest if over 30 feet ...... 13,000 20,500 (3) Failure to provide for unobstructed fall ...... 13,000 20,500 (4) Failure to test ...... 9,500 17,000 (5) Failure to use proper equipment ...... 9,500 17,000 (6) Failure to prevent contact with surface below ...... 13,000 20,500 (7) Failure to properly install ...... 13,000 20,500 (8) Failure to remove defective nets ...... 13,000 20,500 (9) Failure to inspect ...... 13,000 20,500 (10) Failure to remove objects ...... 5,500 10,000 (11)–(13) Failure to use conforming equipment ...... 9,500 17,000 214.107 Working over water: (a)(i) Failure to provide life vest ...... 13,000 20,500 (ii) Failure to use life vest ...... 13,000 20,500 (c) Failure to inspect ...... 9,500 17,000 (e)(i) Failure to provide ring buoys ...... 13,000 20,500

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APPENDIX A TO PART 214—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(ii) Failure to use ring buoys ...... 17,000 (f)(i) Failure to provide skiff ...... 9,500 17,000 (ii) Failure to use skiff ...... 17,000 214.109 Scaffolding: (a)–(f) Failure to provide conforming equipment ...... 13,000 20,500 214.113 Head protection: (a)(i) Failure to provide ...... 13,000 20,500 (ii) Failure to use ...... 13,000 20,500 (b) or (c) Failure to provide conforming equipment ...... 9,500 17,000 214.115 Foot protection: (a)(i) Failure to require use of ...... 9,500 17,000 (ii) Failure to use ...... 9,500 17,000 214.117 Eye and face protection: (a)(i) Failure to provide ...... 9,500 17,000 (ii) Failure to use ...... 5,500 10,000 (b) Failure to use conforming equipment ...... 9,500 17,000 (c) Use of defective equipment ...... 9,500 17,000 (d) Failure to provide for corrective lenses ...... 9,500 17,000 Subpart C—Roadway Worker Protection Rule 214.303 Railroad on-track safety programs, generally: (a) Failure of a railroad to implement an On-track Safety Program ...... 19,500 25,000 (b) On-track Safety Program of a railroad includes no internal monitoring procedure ...... 9,500 17,000 214.305 Compliance Dates: Failure of a railroad to comply by the specified dates ...... 9,500 17,000 214.307 Review and approval of individual on-track safety programs by FRA: (a)(i) Failure to notify FRA of adoption of On-track Safety Program ...... 2,500 5,000 (ii) Failure to designate primary person to contact for program review ...... 2,500 5,000 214.309 On-track safety program documents: (1) On-track Safety Manual not provided to prescribed employees ...... 9,500 17,000 (2) On-track Safety Program documents issued in fragments ...... 5,500 10,000 214.311 Responsibility of employers: (b) Roadway worker required by employer to foul a track during an unresolved challenge ...... 19,500 25,000 (c) Roadway workers not provided with written procedure to resolve challenges of on-track safety procedures ...... 9,500 17,000 214.313 Responsibility of individual roadway workers: (a) Failure to follow railroad’s on-track safety rules ...... 25,000 (b) Roadway worker fouling a track when not necessary in the performance of duty ...... 25,000 (c) Roadway worker fouling a track without ascertaining that provision is made for on-track safety ...... 25,000 (d) Roadway worker failing to notify employer of determination of improper on-track safety provisions ...... 25,000 214.315 Supervision and communication: (a) Failure of employer to provide job briefing ...... 19,500 25,000 (b) Incomplete job briefing ...... 13,000 20,500 (c)(i) Failure to designate roadway worker in charge of roadway work group ...... 13,000 20,500 (ii) Designation of more than one roadway worker in charge of one roadway work group ...... 9,500 17,000 (iii) Designation of non-qualified roadway worker in charge of roadway work group ...... 13,000 20,500 (d)(i) Failure to notify roadway workers of on-track safety procedures in effect ...... 13,000 20,500 (ii) Incorrect information provided to roadway workers regarding on-track safety procedures in ef- fect ...... 13,000 20,500 (iii) Failure to notify roadway workers of change in on-track safety procedures ...... 13,000 20,500 (e)(i) Failure of lone worker to communicate with designated employee for daily job briefing ...... 9,500 17,000 (ii) Failure of employer to provide means for lone worker to receive daily job briefing ...... 13,000 20,500 214.317 On-track safety procedures, generally: On-track safety rules conflict with this part ...... 19,500 25,000 214.319 Working limits, generally: (a) Nonqualified roadway worker in charge of working limits ...... 13,000 20,500 (b) More than one roadway worker in charge of working limits on the same track segment ...... 13,000 20,500 (c)(1) Working limits released without notifying all affected roadway workers ...... 19,500 25,000 (2) Working limits released before all affected roadway workers are otherwise protected ...... 19,500 25,000 214.321 Exclusive track occupancy: (b) Improper transmission of authority for exclusive track occupancy ...... 9,500 17,000 (b)(1) Failure to repeat authority for exclusive track occupancy to issuing employee ...... 9,500 17,000 (2) Failure to retain possession of written authority for exclusive track occupancy ...... 5,500 10,000 (3) Failure to record authority for exclusive track occupancy when issued ...... 13,000 20,500 (c) Limits of exclusive track occupancy not identified by proper physical features ...... 19,500 25,000 (d)(1) Movement authorized into limits of exclusive track occupancy without authority of roadway worker in charge ...... 19,500 25,000 (2) Movement authorized within limits of exclusive track occupancy without authority of roadway worker in charge ...... 19,500 25,000 (3) Movement within limits of exclusive track occupancy exceeding restricted speed without au- thority of roadway worker in charge ...... 19,500 25,000

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APPENDIX A TO PART 214—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

214.323 Foul time: (a) Foul time authority overlapping movement authority of train or equipment ...... 19,500 25,000 (b) Failure to repeat foul time authority to issuing employee ...... 9,500 17,000 214.325 Train coordination: (a) Train coordination limits established where more than one train is authorized to operate ...... 13,000 20,500 (b)(1) Train coordination established with train not visible to roadway worker at the time ...... 9,500 17,000 (2) Train coordination established with moving train ...... 9,500 17,000 (3) Coordinated train moving without authority of roadway worker in charge ...... 13,000 20,500 (4) Coordinated train releasing movement authority while working limits are in effect ...... 13,000 20,500 214.327 Inaccessible track: (a) Improper control of entry to inaccessible track ...... 13,000 20,500 (5) Remotely controlled switch not properly secured by control operator ...... 13,000 20,500 (b) Train or equipment moving within inaccessible track limits without permission of roadway worker in charge ...... 13,000 20,500 (c) Unauthorized train or equipment located within inaccessible track limits ...... 13,000 20,500 214.329 Train approach warning provided by watchmen/lookouts: (a) Failure to give timely warning of approaching train ...... 19,500 25,000 (b)(1) Failure of watchman/lookout to give full attention to detecting approach of train ...... 13,000 20,500 (2) Assignment of other duties to watchman/lookout ...... 19,500 25,000 (c) Failure to provide proper warning signal devices ...... 9,500 17,000 (d) Failure to maintain position to receive train approach warning signal ...... 13,000 20,500 (e) Failure to communicate proper warning signal ...... 13,000 20,500 (f)(1) Assignment of nonqualified person as watchman/lookout ...... 13,000 20,500 (2) Nonqualified person accepting assignment as watchman/lookout ...... 9,500 17,000 (g) Failure to properly equip a watchman/lookout ...... 9,500 17,000 214.331 Definite train location: (a) Definite train location established where prohibited ...... 13,000 20,500 (b) Failure to phase out definite train location by required date ...... 9,500 17,000 (d)(1) Train location information issued by unauthorized person ...... 13,000 20,500 (2) Failure to include all trains operated on train location list ...... 19,500 25,000 (5) Failure to clear track 10 minutes before earliest departure time of train at last station prior to work location, or failure to remain clear until such train passed ...... 13,000 20,500 (6) Train passing station before time shown in train location list ...... 19,500 25,000 (7) Nonqualified person using definite train location to establish on-track safety ...... 13,000 20,500 214.333 Informational line-ups of trains: (a) Informational line-ups of trains used for on-track safety where prohibited ...... 19,500 25,000 (b) Informational line-up procedures inadequate to protect roadway workers ...... 19,500 25,000 (c) Failure to discontinue informational line-ups by required date ...... 9,500 17,000 214.335 On-track safety procedures for roadway work groups: (a) Failure to provide on-track safety for a member of a roadway work group ...... 19,500 25,000 (b) Member of roadway work group fouling a track without authority of employee in charge ...... 13,000 20,500 (c) Failure to provide train approach warning or working limits on adjacent track where required ...... 19,500 25,000 214.337 On-track safety procedures for lone workers: (b) Failure by employer to permit individual discretion in use of individual train detection ...... 19,500 25,000 (c)(1) Individual train detection used by nonqualified employee ...... 13,000 20,500 (2) Use of individual train detection while engaged in heavy or distracting work ...... 19,500 25,000 (3) Use of individual train detection in controlled point or manual interlocking ...... 19,500 25,000 (4) Use of individual train detection with insufficient visibility ...... 19,500 25,000 (5) Use of individual train detection with interfering noise ...... 19,500 25,000 (6) Use of individual train detection while a train is passing ...... 19,500 25,000 (d) Failure to maintain access to place of safety clear of live tracks ...... 19,500 25,000 (e) Lone worker unable to maintain vigilant lookout ...... 19,500 25,000 (f)(1) Failure to prepare written statement of on-track safety ...... 5,500 10,000 (2) Incomplete written statement of on-track safety ...... 2,500 5,000 (3) Failure to produce written statement of on-track safety to FRA ...... 2,500 5,000 214.339 Audible warning from trains: (a) Failure to require audible warning from trains ...... 9,500 17,000 (b) Failure of train to give audible warning where required ...... 9,500 17,000 214.341 Roadway maintenance machines: (a) Failure of on-track safety program to include provisions for safety near roadway maintenance ma- chines ...... 19,500 25,000 (b) Failure to provide operating instructions ...... 9,500 17,000 (1) Assignment of nonqualified employee to operate machine ...... 13,000 20,500 (2) Operator unfamiliar with safety instructions for machine ...... 13,000 20,500 (3) Roadway worker working with unfamiliar machine ...... 13,000 20,500 (c) Roadway maintenance machine not clear of passing trains or operation of machine component closer than four feet to adjacent track without procedural instructions ...... 19,500 25,000 214.343 Training and qualification, general: (a)(1) Assignment of roadway worker duties to employee that is not trained or qualified ...... 13,000 20,500 (a)(2) Acceptance of roadway worker assignment by employee that is not trained or qualified ...... 13,000 20,500 (b)(1) Failure to provide initial training ...... 13,000 20,500

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APPENDIX A TO PART 214—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(b)(2) Failure to provide annual training ...... 9,500 17,000 (c) Failure to provide training to employee other than a roadway worker on functions related to on- track safety ...... 13,000 20,500 (d)(1) Failure to maintain records of qualifications ...... 9,500 17,000 (2) Incomplete records of qualifications ...... 5,500 10,000 (3) Failure to provide records of qualifications to FRA ...... 2,500 5,000 214.345 Training for all roadway workers ...... 3 3 214.347 Training and qualification for lone workers ...... 3 3 214.349 Training and qualification of watchmen/lookouts ...... 3 3 214.351 Training and qualification of flagmen ...... 3 3 214.353 Training and qualification of roadway workers who provide on-track safety for roadway work groups ...... 3 3 214.355 Training and qualification in on-track safety for operators of roadway maintenance machines ...... 3 3 Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles 214.503 Good-faith challenges; procedures for notification and resolution: (a) Failure of employee to notify employer that the machine or vehicle does not comply with this sub- part or has a condition inhibiting safe operation ...... 20,500 (b) Roadway worker required to operate machine or vehicle when good-faith challenge not resolved 19,500 25,000 (c) Failure of employer to have or follow written procedures to resolve good-faith challenges ...... 19,500 25,000 214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs: (a) Failure to equip new machines with required systems ...... 19,500 25,000 (b) Failure of new or existing machines to protect employees from exposure to air contaminants ...... 19,500 25,000 (c) Failure of employer to maintain required list of machines or make list available ...... 9,500 17,000 (d) Removal of ‘‘designated machine’’ from list before retired or sold ...... 9,500 17,000 (e) Personal respiratory protective equipment not provided when ventilation system fails ...... 19,500 25,000 (f) Personal respiratory protective equipment fails to meet required standards ...... 19,500 25,000 (g) Other new machines with enclosed cabs not equipped with operable heating and ventilation sys- tems ...... 19,500 25,000 (h) Nonenclosed station not equipped with covering, where feasible ...... 19,500 25,000 214.507 Required safety equipment for new on-track roadway maintenance machines: (a)(1)–(5) Failure to equip new machine or provide protection as specified in these paragraphs ...... 19,500 25,000 (a)(6)–(7) Failure to equip new machine with first-aid kit or operative and charged fire extinguisher .... 13,000 20,500 (b) Position for operator to stand not properly equipped to provide safe and secure position ...... 19,500 25,000 (c) New machine not equipped with accurate speed indicator, as required ...... 13,000 20,500 (d) As-built light weight not conspicuously displayed on new machine ...... 13,000 20,500 214.509 Required visual illumination and reflective devices for new on-track roadway maintenance ma- chines ...... 13,000 20,500 214.511 Required audible warning devices for new on-track roadway maintenance machines ...... 19,500 25,000 214.513 Retrofitting of existing on-track roadway maintenance machines; general: (a) Failure to provide safe and secure position and protection from moving parts inside cab for each roadway worker transported on machine ...... 19,500 25,000 (b) Horn or other audible warning device is missing, inoperable, or has noncompliant triggering mechanism ...... 13,000 20,500 (c) Illumination device or portable light missing, inoperable, improperly secured, or incapable of illu- minating track as required ...... 13,000 20,500 214.515 Overhead covers for existing on-track roadway maintenance machines: (a) Failure to repair, reinstall, or maintain overhead cover as required ...... 19,500 25,000 (b) Failure to provide written response to operator’s request within 60 days ...... 9,500 17,000 214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after Janu- ary 1, 1991: (a) Failure to equip machine with change-of-direction alarm or rearward viewing device ...... 19,500 25,000 (b) Failure to equip machine with operative heater ...... 19,500 25,000 (c) Failure to display light weight of machine as required ...... 13,000 20,500 (d) Failure to equip machine with reflective material, reflective device, or operable brake lights ...... 19,500 25,000 (e) Failure to install or replace safety glass as required ...... 19,500 25,000 (f) Failure to equip machine with turntable restraint device or warning light as required ...... 19,500 25,000 214.518 Safe and secure position for riders ...... 19,500 25,000 214.519 Floors, decks, stairs, and ladders for on-track roadway maintenance machines ...... 19,500 25,000 214.521 Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles ...... 13,000 20,500 214.523 Hi-rail vehicles: (a) Failure to inspect hi-rail gear annually ...... 19,500 25,000 (b) Failure to maintain inspection record or make record available to FRA ...... 9,500 17,000 (c) Failure to equip new hi-rail vehicle with alarm and light or beacon as required ...... 13,000 20,500 (d)(2) Failure of operator to tag, date, or report noncomplying condition ...... 9,500 17,000 (d)(3) Failure to repair or replace noncomplying alarms, lights, or beacons as required ...... 13,000 20,500 214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles ...... 19,500 25,000 214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs: (a) Failure of operator to check on-track roadway maintenance machine for compliance ...... 9,500 17,000 (b) Failure of operator to tag, date, or report noncomplying condition ...... 9,500 17,000

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APPENDIX A TO PART 214—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(c)(1)–(4) Failure to meet requirements for operating on-track roadway maintenance machine with noncomplying headlights, work lights, horn, fire extinguisher, alarm, warning light, or beacon ...... 13,000 20,500 (c)(5) Failure to repair or replace defective or missing operator’s seat within required time period ...... 19,500 25,000 214.529 In-service failure of primary braking system ...... 19,500 25,000 214.531 Schedule of repairs; general ...... 13,000 20,500 214.533 Schedule of repairs subject to availability of parts: (a)–(c) Failure to order necessary part(s), make repair(s), or remove on-track roadway maintenance machine or hi-rail vehicle from service as required ...... 13,000 20,500 (d) Failure to maintain record or make record available to FRA ...... 9,500 17,000 1 A penalty may be assessed against an individual only for a willful violation. In addition, there are certain sections of the penalty schedule for which no penalty is listed in the ordinary violation column. These sections may only be cited as willful violations. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 214. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ. 3 See § 214.343 (Training and qualification, general).

PART 215—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 8. Appendix B to part 215 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 7. The authority citation for part 215 continues to read as follows:

APPENDIX B TO PART 215—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation Violation

Subpart A—General 215.9 Movement for repair: (a), (c) ...... 1 1 (b) ...... $5,500 $10,000 215.11 Designation of qualified persons ...... 9,500 17,000 215.13 Pre-departure inspection ...... 9,500 17,000 Subpart B—Freight Car Components Suspension System 215.103 Defective wheel: (a) Flange thickness of: (1) 7⁄8″ or less but more than 13⁄16″ ...... 9,500 17,000 (2) 13⁄16″ or less ...... 13,000 20,500 (b) Flange height of: (1) 11⁄2″ or greater but less than 15⁄8″ ...... 9,500 17,000 (2) 15⁄8″ or more ...... 13,000 20,500 (c) Rim thickness of: (1) 11⁄16″ or less but more than 5⁄8″ ...... 9,500 17,000 (2) 5⁄8″ or less ...... 13,000 20,500 (d) Wheel rim, flange plate hub width: (1) Crack of less than 1″ ...... 9,500 17,000 (2) Crack of 1″ or more ...... 13,000 20,500 (3) Break ...... 19,500 25,000 (e) Chip or gouge in flange of: (1) 11⁄2″ or more but less than 15⁄8″ in length; and 1⁄2″ or more but less than 5⁄8″ in width ...... 5,500 10,000 (2) 15⁄8″ or more in length; or 5⁄8″ or more in width ...... 9,500 17,000 (f) Slid flat or shelled spot(s): (1)(i) One spot more than 21⁄2″, but less than 3″, in length ...... 5,500 10,000 (ii) One spot 3″ or more in length ...... 9,500 17,000 (2)(i) Two adjoining spots each of which is more than 2″ but less than 21⁄2″ in length ...... 5,500 10,000 (ii) Two adjoining spots both of which are at least 2″ in length, if either spot is 21⁄2″ or more in length ...... 9,500 17,000 (g) Loose on axle ...... 19,500 25,000 (h) Overheated; discoloration extending: (1) More than 4″ but less than 41⁄2″ ...... 9,500 17,000( (2) 41⁄2″ or more ...... 13,000 20,500 (i) Welded ...... 13,000 20,500 215.105 Defective axle: (a)(1) Crack of 1″ or less ...... 9,500 17,000 (2) Crack of more than 1″ ...... 13,000 20,500 (3) Break ...... 19,500 25,000

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APPENDIX B TO PART 215—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation Violation

(b) Gouge in surface that is between the wheel seats and is more than 1⁄8″ in depth ...... 5,500 10,000 (c) End collar with crack or break ...... 9,500 17,000 (d) Journal overheated ...... 19,500 25,000 (e) Journal surface has: A ridge; a depression; a circumferential score; corrugation; a scratch; a con- tinuous streak; pitting; rust; or etching ...... 9,500 17,000 215.107 Defective plain bearing box: general: (a)(1) No visible free oil 5,500 10,000 (2) Lubricating pad dry (no expression of oil observed when pad is compressed) ...... 13,000 20,500 (b) Box lid is missing, broken, or open except to receive servicing ...... 5,500 10,000 (c) Contains foreign matter that can be expected to damage the bearing or have a detrimental effect on the lubrication of the journal and bearing 9,500 17,000 215.109 Defective plain bearing box: journal lubrication system: (a) Lubricating pad has a tear ...... 5,500 10,000 (b) Lubricating pad scorched, burned, or glazed ...... 9,500 17,000 (c) Lubricating pad contains decaying or deteriorating fabric ...... 9,500 17,000 (d) Lubricating pad has an exposed center core or metal parts contacting the journal ...... 9,500 17,000 (e) Lubricating pad is missing or not in contact with the journal ...... 13,000 20,500 215.111 Defective plain bearing: (a) Missing ...... 19,500 25,000 (b) Bearing liner is loose or has piece broken out ...... 9,500 17,000 (c) Overheated ...... 19,500 25,000 215.113 Defective plain bearing wedge: (a) Missing ...... 19,500 25,000 (b) Cracked ...... 9,500 17,000 (c) Broken ...... 13,000 20,500 (d) Not located in its design position ...... 9,500 17,000 215.115 Defective roller bearing: (a)(1) Overheated ...... 19,500 25,000 (2)(i) Cap screw(s) loose ...... 13,000 20,500 (ii) Cap screw lock broken, missing or improperly applied ...... 5,500 10,000 (3) Seal is loose or damaged, or permits leakage of lubricant ...... 5,500 10,000 (b)(1) Not inspected and tested after derailment 13,000 20,500 (2) Not disassembled after derailment ...... 9,500 17,000 (3) Not repaired or replaced after derailment ...... 13,000 20,500 215.117 Defective roller bearing adapter: (a) Cracked or broken ...... 9,500 17,000 (b) Not in its design position ...... 13,000 20,500 (c) Worn on the crown ...... 9,500 17,000 215.119 Defective freight car truck: (a)(1) A side frame or bolster that is broken ...... 19,500 25,000 (2)(i) Side frame or bolster with crack of: 1⁄4″ or more, but less than 1″ ...... 9,500 17,000 (ii) 1″ or more ...... 13,000 20,500 (b) A snubbing device that is ineffective or missing ...... 9,500 17,000 (c) Side bearing(s): (1) Assembly missing or broken ...... 19,500 25,000 (2) In contact except by design ...... 13,000 20,500 (3), (4) Total clearance at one end or at diagonally opposite sides of: (i) More than 3⁄4″ but not more than 1″ ...... 9,500 17,000 (ii) More than 1″ ...... 13,000 20,500 (d) Truck spring(s): (1) Do not maintain travel or load ...... 9,500 17,000 (2) Compressed solid ...... 9,500 17,000 (3) Outer truck springs broken or missing: (i) Two outer springs ...... 9,500 17,000 (ii) Three or more outer springs ...... 13,000 20,500 (e) Truck bolster-center plate interference ...... 13,000 20,500 (f) Brake beam shelf support worn ...... 9,500 17,000 Car Bodies 215.121 Defective car body: (a) Has less than 21⁄2″ clearance from the top of rail ...... 9,500 17,000 (b) Car center sill is: (1) Broken ...... 19,500 25,000 (2) Cracked more than 6″ ...... 9,500 17,000 (3) Bent or buckled more than 21⁄2″ in any 6′ length ...... 9,500 17,000 (c) Coupler carrier that is broken or missing ...... 9,500 17,000 (d) Car door not equipped with operative safety hangers ...... 19,500 25,000 (e)(1) Center plate not properly secured ...... 19,500 25,000 (2) Portion missing ...... 9,500 17,000 (3) Broken ...... 19,500 25,000 (4) Two or more cracks ...... 9,500 17,000

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APPENDIX B TO PART 215—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation Violation

(f) Broken sidesill, crossbearer, or body bolster ...... 9,500 17,000 Draft System 215.123 Defective couplers: (a) Shank bent out of alignment ...... 5,500 10,000 (b) Crack in highly stressed junction area ...... 9,500 17,000 (c) Coupler knuckle broken or cracked ...... 9,500 17,000 (d) Coupler knuckle pin or thrower that is missing or inoperative ...... 9,500 17,000 (e) Coupler retainer pin lock that is missing or broken ...... 5,500 10,000 (f) Coupler with following conditions: Locklift inoperative; no anticreep protection; or coupler lock is missing, inoperative, bent, cracked, or broken ...... 9,500 17,000 215.125 Defective uncoupling device ...... 9,500 17,000 215.127 Defective draft arrangement: (a) Draft gear that is inoperative ...... 9,500 17,000 (b) Yoke that is broken ...... 9,500 17,000 (c) End of car cushioning unit is leaking or inoperative ...... 9,500 17,000 (d) Vertical coupler pin retainer plate missing or has missing fastener ...... 19,500 25,000 (e) Draft key or draft key retainer that is inoperative or missing ...... 19,500 25,000 (f) Follower plate that is missing or broken ...... 9,500 17,000 215.129 Defective cushioning device ...... 9,500 17,000 Subpart C—Restricted Equipment 215.203 Restricted cars ...... 9,500 17,000 Subpart D—Stenciling 215.301 General ...... 5,500 10,000 215.303 Stenciling of restricted cars ...... 5,500 10,000 215.305 Stenciling of maintenance-of-way ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single freight car that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $25,000 per day. A failure to perform, with respect to a particular freight car, the predeparture inspection re- quired by § 215.13 of this part will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on the car. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement set forth in paragraphs (a) and (c) of § 215.9 will deprive the rail- road of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the par- ticular regulatory section(s) concerning the substantive defect(s) present on the freight car at the time of movement. Maintenance-of-way equip- ment not stenciled in accordance with § 215.305 is subject to all requirements of this part. See § 215.3(c)(3). 2 The penalty schedule uses section numbers from 49 CFR part 215. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 217—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 Appendix A to Part 217—Schedule Of U.S.C. 2461, note; and 49 CFR 1.49. Civil Penalties 1 9. The authority citation for part 217 10. Appendix A to part 217 is revised continues to read as follows: to read as follows:

2 Willful Section Violation Violation

Subpart A—General 217.7 Operating Rules: (a) ...... $5,500 $10,000 (b) ...... 5,500 10,000 (c) ...... 5,500 10,000 217.9 Operational tests and inspections: (a) Failure to implement a program ...... 9,500– 17,000– 19,500 25,000 (b) Railroad and railroad testing officer responsibilities: (1) Failure to provide instruction, examination, or field training, or failure to conduct tests in ac- cordance with program ...... 13,000 20,500 (2) Records ...... 9,500 17,000 (c) Record of program; program incomplete ...... 9,500– 17,000– 19,500 25,000 (d) Records of individual tests and inspections ...... 9,500 17,000 (e) Failure to retain copy of or conduct:. (1)(i) Quarterly review ...... 13,000 20,500 (1)(ii) and (2) Six month review ...... 13,000 20,500 (3) Records ...... 9,500 17,000

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2 Willful Section Violation Violation

(f) Annual summary ...... 9,500 17,000 (h) Failure to timely or appropriately amend program after disapproval ...... 13,000– 20,500– 19,500 25,000 217.11 Program of instruction on operating rules: (a) ...... 5,500– 10,000– 13,000 20,500 (b) ...... 5,500– 10,000– 13,000 20,500 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 217. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 218—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 12. Appendix A to part 218 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 11. The authority citation for part 218 continues to read as follows:

APPENDIX A TO PART 218—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Blue Signal Protection of Workmen 218.22 Utility employees: (a) Employee qualifications ...... $5,500 $10,000 (b) Concurrent service ...... 9,500 17,000 (c) Assignment conditions: (1) No controlling locomotive ...... 9,500 17,000 (2) Empty cab ...... 9,500 17,000 (3)(4) Improper communication ...... 9,500 17,000 (5) Performing functions not listed ...... 5,500 10,000 (d) Improper release ...... 5,500 10,000 (f) More than three utility employees with one crew ...... 5,500 10,000 218.23 Blue signal display ...... 9,500 17,000 218.24 One-person crew: (a)(1) Equipment not coupled or insufficiently separated ...... 5,500 10,000 (a)(2) Unoccupied locomotive cab not secured ...... 9,500 17,000 (b) Helper service ...... 5,500 10,000 218.25 Workmen on a main track ...... 9,500 17,000 218.27 Workmen on track other than main track: (a) Protection provided except that signal not displayed at switch ...... 5,500 10,000 (b) through (e) ...... 9,500 17,000 218.29 Alternate methods of protection: (a)(1) Protection provided except that signal not displayed at switch ...... 5,500 10,000 (a)(2) through (a)(8) ...... 9,500 17,000 (b)(1) Protection provided except that signal not displayed at switch ...... 5,500 10,000 (b)(2) through (b)(4) ...... 9,500 17,000 (c) Use of derails ...... 9,500 17,000 (d) Emergency repairs ...... 9,500 17,000 218.30 Remotely controlled switches: (a) and (b) ...... 9,500 17,000 (c) ...... 2,500 5,000 Subpart C—Protection of Trains and Locomotives 218.35 Yard limits: (a) and (b) ...... 9,500 17,000 (c) ...... 2,500 5,000 218.37 Flag protection: (a) ...... 9,500 17,000 (b) and (c) ...... 9,500 17,000 218.39 Hump operations ...... 9,500 17,000 218.41 Noncompliance with hump operations rule ...... 9,500 17,000 Subpart D—Prohibition against Tampering with Safety Devices 218.55 Tampering ...... 17,000 218.57 (i) Knowingly operating or permitting operation of disabled equipment ...... 5,500 ...... (ii) Willfully operating or permitting operation of disabled equipment ...... 10,000 218.59 Operation of disabled equipment ...... 5,500 10,000

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APPENDIX A TO PART 218—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

Subpart E—Protection of Occupied Camp Cars 218.71 Warning Signal Display: (a) Warning signals ...... 5,500 10,000 (1) Cars may not be moved ...... 9,500 17,000 (2) Rolling equipment may not be on same track reducing view of warning signal ...... 5,500 10,000 (3) Rolling equipment may not pass a warning signal ...... 9,500 17,000 (4) Signal will be displayed immediately and only removed prior to departure ...... 5,500 10,000 218.75 Methods of protection for camp cars on main track: (a) Warning signals near each switch with access ...... 5,500 10,000 (b) Immediate notification of occupation ...... 9,500 17,000 (c) Alerting affected personnel of cars ...... 5,500 10,000 (d) Manual switched lined and locked ...... 9,500 17,000 (e) Remote switches protected ...... 9,500 17,000 218.77 Remotely controlled switches: (a) Remote switch lined and locked ...... 9,500 17,000 (b) Operator may not remove locking device without permission ...... 9,500 17,000 (c) Recordkeeping ...... 2,500 5,000 (d) Derail and signal when located on main track ...... 9,500 17,000 218.79 Alternative methods for protection: (a) Other than main track: (1) Warning signal at each switch providing access ...... 9,500 17,000 (2) Switches lined and locked ...... 9,500 17,000 (3) Derails 50 feet away when speed is 5MPH ...... 9,500 17,000 (b) Except as provided in (a) on other than main track: (1) Derails 150 feet away from equipment ...... 9,500 17,000 (2) Derails must be locked in derailing position with signal ...... 9,500 17,000 Subpart F—Handling Equipment, Switches and Derails 218.95 Instruction, Training and Examination: (a) Program ...... 9,500–13,000 17,000–20,500 (b) Records ...... 9,500 17,000 (c) Failure to timely or appropriately amend program after disapproval ...... 9,500–13,000 17,000–20,500 218.97 Good Faith Challenge Procedures: (a) Employee Responsibility Failure ...... 5,000 (b) through (d) Failure to adopt or implement procedures ...... 9,500 17,000 218.99 Shoving or Pushing Movements: (a) Failure to implement required operating rule ...... 13,000 20,500 (b) Failure to conduct job briefing, use a qualified employee, or establish proper protection ...... 9,500–13,000 17,000–20,500 (c) Failure to observe equipment direction ...... 9,500 17,000 (d) Failure to properly establish point protection within a remote control zone ...... 9,500 17,000 (e) Failure to abide by operational exception requirements ...... 9,500 17,000 218.101 Leaving Equipment in the Clear: (a) Failure to implement required operating rule ...... 9,500 17,000 (b) Equipment left improperly fouling ...... 9,500 17,000 (c) Failure to implement procedures for identifying clearance points ...... 9,500 17,000 218.103 Hand-operated switches, including crossover switches: (a) Failure to implement required operating rule ...... 9,500 17,000 (b) through (d) Railroad employee failures ...... 9,500 17,000 218.105 Additional operational requirements for hand-operated main track switches: (a) Failure to implement required operating rule ...... 13,000 20,500 (b) and (c) Railroad and employee failures ...... 9,500 17,000 (d) Failure to properly release authority limits ...... 13,000 20,500 218.107 Additional operational requirements for hand-operated crossover switches: (a) Failure to implement required operating rule ...... 9,500 17,000 (b) and (c) Railroad and employee failures ...... 9,500 17,000 218.109 Hand-operated fixed derails: (a) Failure to implement required operating rule ...... 9,500 17,000 (b) and (c) Railroad and employee failures ...... 9,500 17,000 1 Except as provided for in § 218.57, a penalty may be assessed against an individual only for a willful violation. In addition, there are certain sections of the penalty schedule for which no penalty is listed in the ordinary violation column. These sections may only be cited as willful viola- tions. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where the circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 218. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

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PART 219—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20140, 14. Appendix A to part 219 is revised 21301, 21304, 21311; 28 U.S.C. 2461, note; to read as follows: 13. The authority citation for part 219 and 49 CFR 1.49(m). continues to read as follows:

APPENDIX A TO PART 219—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart A—General 219.3 Application: Railroad does not have required program $13,000 $20,500 219.11 General conditions for chemical tests: (b)(1) Employee unlawfully refuses to participate in testing ...... 5,500 10,000 (b)(2) Employer fails to give priority to medical treatment ...... 13,000 20,500 (b)(3) Employee fails to remain available ...... 5,500 10,000 (b)(4) Employee tampers with specimen ...... 5,500 10,000 (d) Employee unlawfully required to execute a waiver of rights ...... 5,500 10,000 (e) Railroad used or authorized the use of coercion to obtain specimens ...... 10,000 (g) Failure to meet supervisory training requirements or program of instruction not available or pro- gram not complete ...... 9,500 17,000 (h) Urine or blood specimens provided for Federal testing were used for nonauthorized testing ...... 5,500 10,000 219.23 Railroad policies: (a) Failure to provide written notice of FRA test ...... 5,500 10,000 (b) Failure to provide written notice of basis for FRA test ...... 2,500 5,000 (c) Use of Subpart C form for other test ...... 2,500 5,000 (d) Failure to provide educational materials ...... 2,500 5,000 (e) Educational materials fail to explain requirements of this part and/or include required content ...... 2,500 5,000 (f) Non-Federal provisions are not clearly described as independent authority ...... 5,500 10,000 Subpart B—Prohibitions 219.101 Alcohol and drug use prohibited: Employee violates prohibition(s) ...... 19,500 25,000 219.103 Prescribed and over-the-counter drugs: (a) Failure to train employee properly on requirements ...... 5,500 10,000 219.104 Responsive action: (a) Failure to remove employee from covered service immediately ...... 19,500 25,000 (b) Failure to provide notice for removal ...... 5,500 10,000 (c) Failure to provide prompt hearing ...... 5,500 10,000 (d) Employee improperly returned to service ...... 13,000 20,500 219.105 Railroad’s duty to prevent violations: (a) Employee improperly permitted to remain in covered service ...... 19,500 25,000 (b) Failure to exercise due diligence to assure compliance with prohibition ...... 9,500 17,000 219.107 Consequences of unlawful refusal: (a) Failure to disqualify an employee for nine months following a refusal ...... 13,000 20,500 (e) Employee unlawfully returned to service ...... 13,000 20,500 Subpart C—Post-Accident Toxicological Testing 219.201 Events for which testing is required: (a) Failure to test after qualifying event (each employee not tested is a violation) ...... 13,000 20,500 (c)(1)(i) Failure to make good faith determination ...... 5,500 10,000 (c)(1)(ii) Failure to provide requested decision report to FRA ...... 2,500 5,000 (c)(2) Testing performed after nonqualifying event ...... 9,500 17,000 219.203 Responsibilities of railroads and employees: (a)(1)(i) and (a)(2)(i) Failure to properly test/exclude from testing ...... 5,500 10,000 (a)(1)(ii) and (a)(2)(ii) Noncovered service employee tested ...... 5,500 10,000 (b)(1) Delay in obtaining specimens due to failure to make every reasonable effort ...... 5,500 10,000 (c) Independent medical facility not utilized ...... 5,500 10,000 (d) Failure to report event or contact FRA when intervention required ...... 2,500 5,000 219.205 Specimen collection and handling: (a) Failure to observe requirements with respect to specimen collection, marking and handling ...... 5,500 10,000 (b) Failure to provide properly prepared forms with specimens ...... 2,500 5,000 (d) Failure to promptly or properly forward specimens ...... 5,500 10,000 219.207 Fatality: (a) Failure to test ...... 13,000 20,500 (a)(1) Failure to ensure timely collection and shipment of required specimens ...... 2,500 5,000 (b) Failure to request assistance when necessary ...... 5,500 10,000 219.209 Reports of tests and refusals: (a)(1) Failure to provide telephonic report ...... 2,500 5,000 (b) Failure to provide written report of refusal to test ...... 2,500 5,000 (c) Failure to maintain report explaining why test not conducted within four hours ...... 2,500 5,000 219.211 Analysis and follow-up: (c) Failure of MRO to report review of positive results to FRA ...... 5,500 10,000 Subpart D—Testing for Cause 219.300 Mandatory reasonable suspicion testing: (a)(1) Failure to test when reasonable suspicion criteria met ...... 19,500 25,000

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APPENDIX A TO PART 219—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(a)(2) Tested when reasonable suspicion criteria not met ...... 9,500 17,000 219.301 Testing for reasonable cause: (a) Event did not occur during daily tour ...... 5,500 10,000 (b)(2) Tested when accident/incident criteria not met ...... 9,500 17,000 (b)(3) Tested when operating rules violation criteria not met ...... 9,500 17,000 219.302 Prompt specimen collection: (a) Specimen collection not conducted promptly ...... 5,500 10,000 Subpart E—Identification of Troubled Employees 219.401 Requirement for policies: (b) Failure to publish and/or implement required policy ...... 5,500 10,000 219.407 Alternate policies: (c) Failure to file agreement or other document or provide timely notice or revocation ...... 5,500 10,000 Subpart F—Pre-Employment Tests 219.501 Pre-employment tests: (a) Failure to perform pre-employment drug test before first time employee performs covered service 13,000 20,500 Subpart G—Random Testing Programs 219.601 Railroad random drug programs: (a)(1) Failure to file a random program ...... 13,000 20,500 (a)(2) Failure to file amendment to program ...... 5,500 10,000 (b) Failure to meet random testing criteria ...... 9,500 17,000 (b)(1)(i) Failure to use a neutral selection process ...... 9,500 17,000 (b)(2)(i)(B) Testing not spread throughout the year ...... 5,500 10,000 (b)(3) Testing not distributed throughout the day ...... 5,500 10,000 (b)(4) Advance notice provided to employee ...... 9,500 17,000 (b)(6) Testing when employee not on duty ...... 5,500 10,000 219.601 A Failure to include covered service employee in pool ...... 9,500 17,000 219.602 Administrator’s determination of drug testing rate: (f) Total number of tests below minimum random drug testing rate ...... 13,000 20,500 219.603 Participation in drug testing: Failure to document reason for not testing selected employee ...... 5,500 10,000 219.607 Railroad random alcohol programs: (a)(1) Failure to file a random alcohol program ...... 13,000 20,500 (a)(2) Failure to file amendment to program ...... 5,500 10,000 (b) Failure to meet random testing criteria ...... 9,500 17,000 (b)(1) Failure to use a neutral selection process ...... 9,500 17,000 (b)(5) Testing when employee not on duty ...... 5,500 10,000 (b)(8) Advance notice provided to employee ...... 9,500 17,000 219.607 A Failure to include covered service employee in pool ...... 9,500 17,000 219.608 Administrator’s determination of random alcohol testing rate: (e) Total number of tests below minimum random alcohol testing rate ...... 13,000 20,500 219.609 Participation in alcohol testing: Failure to document reason for not testing selected employee 5,500 10,000 Subpart H—Drug and Alcohol Testing Procedures 219.701 Standards for drug and alcohol testing: (a) Failure to comply with part 40 procedures in Subpart B, D, F, or G testing ...... 5,500 10,000 (b) Testing not performed in a timely manner ...... 5,500 10,000 Subpart I—Annual Report 219.800 Reporting alcohol and drug misuse prevention program results in a management information system: (a) Failure to submit MIS report on time ...... 5,500 10,000 (c) Failure to submit accurate MIS report ...... 5,500 10,000 (d) Failure to include required data ...... 5,500 10,000 Subpart J—Recordkeeping Requirements 219.901 Retention of Alcohol Testing Records: (a) Failure to maintain records required to be kept by part 40 ...... 5,500 10,000 (b) Failure to maintain records required to be kept for five years ...... 5,500 10,000 (c) Failure to maintain records required to be kept for two years ...... 5,500 10,000 219.903 Retention of Drug Testing Records: (a) Failure to maintain records required to be kept by part 40 ...... 5,500 10,000 (b) Failure to maintain records required to be kept for five years ...... 5,500 10,000 (c) Failure to maintain records required to be kept for two years ...... 5,500 10,000 219.905 Access to facilities and records: (a) Failure to release records in this subpart in accordance with part 40 ...... 9,500 17,000 (b) Failure to permit access to facilities ...... 9,500 17,000 (c) Failure to provide access to results of railroad alcohol and drug testing programs ...... 9,500 17,000 1 A penalty may be assessed against an individual only for a willful violation. The FRA Administrator reserves the right to assess a penalty of up to $100,000 for any violation, including ones not listed in this penalty schedule, where circumstances warrant. See 49 CFR part 209, appendix A.

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2 The penalty schedule uses section numbers from 49 CFR part 219. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 220—[AMENDED] Authority: 49 U.S.C. 20102–20103, 20107, 16. Appendix C to part 220 is revised 21301–21302, 21304, 21311; 28 U.S.C. 2461, to read as follows: 15. The authority citation for part 220 note; and 49 CFR 1.49. continues to read as follows:

APPENDIX C TO PART 220—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart A—General 220.9 Requirements for trains ...... $13,000 $20,500 220.11 Requirements for roadway workers ...... 13,000 20,500 Subpart B—Radio and Wireless Communication Procedures 220.21 Railroad operating rules; radio communications: (a) ...... 9,500 17,000 (b) ...... 9,500 17,000 220.23 Publication of radio information ...... 9,500 17,000 220.25 Instruction of employees ...... 9,500 17,000 220.27 Identification ...... 9,500 17,000 220.29 Statement of letters and numbers ...... 9,500 17,000 220.31 Initiating a transmission ...... 5,500 10,000 220.33 Receiving a transmission ...... 9,500 17,000 220.35 Ending a transmission ...... 9,500 17,000 220.37 Voice test ...... 13,000 20,500 220.38 Failed equipment ...... 2,500 5,000 220.39 Continuous monitoring ...... 9,500 17,000 220.41 [Reserved]. 220.43 Communication consistent with the rules ...... 13,000 20,500 220.45 Complete communications ...... 13,000 20,500 220.47 Emergencies ...... 19,500 25,000 220.49 Switching, backing or pushing ...... 19,500 25,000 220.51 Signal indications ...... 13,000 20,500 220.61 Radio transmission of mandatory directives ...... 19,500 25,000 1 A penalty may be assessed against and only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 220. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 221—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 18. Appendix C to part 221 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 17. The authority citation for part 221 continues to read as follows:

APPENDIX C TO PART 221—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Marking Devices 221.13 Marking device display: (a) Device not present, not displayed, or not properly illuminated ...... $9,500 $17,000 (d) Device too close to rail ...... 2,500 5,000 221.14 Marking devices: Use of unapproved or noncomplying device ...... 5,500 10,000 221.15 Marking device inspection: (a) Failure to inspect at crew change ...... 5,500 10,000 (b), (c) Improper inspection ...... 5,500 10,000 221.16 Inspection procedure: (a) Failure to obtain protection ...... 9,500 17,000 (b) Improper protection ...... 5,500 10,000 221.17 Movement of defective equipment ...... (1) (1) 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. Where the conditions for movement of defective equipment set forth in § 221.17 of this part are not met, the movement constitutes a violation of § 221.13 of this part.

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2 The penalty schedule uses section numbers from 49 CFR part 221. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 222—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20153, 20. Appendix H to part 222 is revised 21301, 21304; 28 U.S.C. 2461, note; and 49 to read as follows: 19. The authority citation for part 222 CFR 1.49. continues to read as follows:

APPENDIX H TO PART 222—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Use of Locomotive Horns 222.21 Use of locomotive horn: (a) Failure to sound horn at grade crossing ...... $9,500 $17,000 Failure to sound horn in proper pattern ...... 5,500 10,000 (b) Failure to sound horn at least 15 seconds and less than 1⁄4 mile before crossing ...... 9,500 17,000 Sounding the horn more than 25 seconds before the crossing ...... 5,500 10,000 Sounding the horn more than 1⁄4 mile in advance of crossing ...... 5,500 10,000 Subpart C—Exceptions to the Use of the Locomotive Horn Silenced Horns at Individual Crossings 222.33 Failure to sound horn when conditions of § 222.33 are not met ...... 9,500 17,000 Silenced Horns at Groups of Crossings—Quiet Zones 222.45 Routine sounding of the locomotive horn at a quiet zone crossing ...... 5,500 10,000 222.49(b) Failure to provide Grade Crossing Inventory Form information ...... 2,500 5,000 222.59(d) Routine sounding of the locomotive horn at a grade crossing equipped with wayside horn ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 222. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 223—[AMENDED] Authority: 49 U.S.C. 20102–03, 20133, 22. Appendix B to part 223 is revised 20701–20702, 21301–02, 21304; 28 U.S.C. to read as follows: 21. The authority citation for part 223 2461, note; and 49 CFR 1.49. continues to read as follows:

APPENDIX B TO PART 223—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Specific Requirements 223.9 New or rebuilt equipment: (a) Locomotives ...... $5,500 $10,000 (b) Cabooses ...... 5,500 10,000 (c) Passenger cars ...... 5,500 10,000 223.11(c) Existing locomotives ...... 5,500 10,000 (d) Repair of window ...... 2,500 5,000 223.13(c) Existing cabooses ...... 5,500 10,000 (d) Repair of window ...... 2,500 5,000 223.15(c) Existing passenger cars ...... 5,500 10,000 (d) Repair of window ...... 2,500 5,000 223.17 Identification of units ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 U.S.C. 21301, 21304, and 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 223. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

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PART 224—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20148 24. Appendix A to part 224 is revised and 21301; 28 U.S.C. 2461; and 49 CFR 1.49. to read as follows: 23. The authority citation for part 224 continues to read as follows:

APPENDIX A TO PART 224—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Application, Inspection, and Maintenance of Retroreflective Material 224.103 Characteristics of retroreflective sheeting: (a)–(d) Retroreflective sheeting applied does not meet the requirements of § 224.103 ...... $5,500 $10,000 224.105 Sheeting dimensions and quantity: (a) Failure to apply minimum amount of retroreflective sheeting in accordance with Table 2 ...... 5,500 10,000 (b) Applying retroreflective sheeting of wrong dimensions ...... 5,500 10,000 224.106 Location of retroreflective sheeting: (a), (b) Applying retroreflective sheeting in nonconforming pattern ...... 5,500 10,000 224.107 Implementation schedule: (a)(1), (b)(1) Failure to apply retroreflective sheeting to new freight car or locomotive before equip- ment placed in service ...... 5,500 10,000 (a)(2), (b)(2), (b)(4) Failure to apply retroreflective sheeting to existing freight car or locomotive in ac- cordance with minimum schedule of paragraphs (a)(2), (b)(2), or (b)(4) ...... 5,500 10,000 224.109 Inspection, repair, and replacement: (1) Failure to perform inspection ...... 5,500 10,000 (2) Failure to properly notify car owner of defect ...... 5,500 10,000 (3) Failure to retain written notification of defect for two years ...... 2,500 5,000 (4) Failure to repair defect after notification ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 224. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 225—[AMENDED] Authority: 49 U.S.C. 103, 322(a), 20103, 26. Appendix A to part 225 is revised 20107, 20901–02, 21301, 21302, 21311; 28 to read as follows: 25. The authority citation for part 225 U.S.C. 2461, note; and 49 CFR 1.49. continues to read as follows:

APPENDIX A TO PART 225—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

225.9 Telephonic reports of certain accidents/incidents ...... $9,500 $17,000 225.11 Reports of accidents/incidents ...... 5,500 10,000 225.12(a): Failure to file Railroad Employee Human Factor Attachment properly: (1) Employee identified ...... 2,500 5,000 (2) No employee identified ...... 2,500 5,000 225.12(b): (1) Failure to notify employee properly ...... 5,500 10,000 (2) Notification of employee not involved in accident ...... 2,500 5,000 225.12(c): Failure of employing railroad to provide requested information properly ...... 2,500 5,000 225.12(d): (1) Failure to revise report when identity becomes known ...... 2,500 5,000 (2) Failure to notify after late identification ...... 5,500 10,000 225.12(f)(1): Submission of notice if employee dies as result of the reported accident ...... 2,500 5,000 225.12(g): Willfully false accident statement by employee ...... 20,500 225.13 Late reports ...... 2,500 5,000 225.17(d) Alcohol or drug involvement ...... 9,500 17,000 225.23 Joint operations ...... (1) (1) 225.25 Recordkeeping ...... 5,500 10,000 225.27 Retention of records ...... 2,500 5,000 225.33: (1) Failure to adopt the Internal Control Plan ...... 9,500 17,000 (2) Inaccurate reporting due to failure to comply with the Internal Control Plan ...... 9,500 17,000 (3) Failure to comply with the intimidation/harassment policy in the Internal Control Plan ...... 9,500 17,000

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APPENDIX A TO PART 225—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

225.35 Access to records and reports ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. A failure to comply with § 225.23 constitutes a viola- tion of § 225.11. For purposes of §§ 225.25 and 225.27 of this part, each of the following constitutes a single act of noncompliance: (1) A missing or incomplete log entry for a particular employee’s injury or illness; or (2) a missing or incomplete log record for a particular rail equipment acci- dent or incident. Each day a violation continues is a separate offense. 2 The penalty schedule uses section numbers from 49 CFR part 225. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 227—[AMENDED] Authority: 49 U.S.C. 20103, 20103 (note), 28. Appendix G to part 227 is revised 20701–20702; and 49 CFR 1.49. to read as follows: 27. The authority citation for part 227 continues to read as follows:

APPENDIX G TO PART 227—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart A—General 227.3 Application: (b)(4) Failure to meet the required conditions for foreign railroad operations ...... $5,500 $10,000 Subpart B—Occupational Noise Exposure for Railroad Operating Employees 227.103 Noise monitoring program: (a) Failure to develop and/or implement a noise monitoring program ...... 19,500 25,000 (b) Failure to use sampling as required ...... 5,500 10,000 (c) Failure to integrate sound levels and/or make noise measurements as required ...... 5,500 10,000 (d) Failure to repeat noise monitoring where required ...... 5,500 10,000 (e) Failure to consider work environments where hearing protectors may be omitted ...... 5,500 10,000 (f) Failure to provide opportunity to observe monitoring ...... 2,500 5,000 (g) Reporting of monitoring results: (1) Failure to notify monitored employee ...... 5,500 10,000 (2) Failure to post results as required ...... 5,500 10,000 227.105 Protection of employees: (a) Failure to provide appropriate protection to exposed employee ...... 19,500 25,000 (b) Failure to observe and document sources of noise exposure ...... 5,500 10,000 (c)–(d) Failure to protect employee from impermissible continuous noise ...... 13,000 20,500 227.107 Hearing conservation program: (a) Failure to administer an HCP ...... 19,500 25,000 (b) Failure to compute noise exposure as required ...... 9,500 17,000 227.109 Audiometric testing program: (a) Failure to establish and/or maintain an audiometric testing program ...... 19,500 25,000 (b) Failure to provide audiometric test at no cost to employee ...... 5,500 10,000 (c) Failure to have qualified person perform audiometric test ...... 5,500 10,000 (d) [Reserved] ...... (e) Failure to establish baseline audiogram as required ...... 9,500 17,000 (f) Failure to offer and/or require periodic audiogram as required ...... 5,500 10,000 (g) Failure to evaluate audiogram as required ...... 5,500 10,000 (h) Failure to comply with follow-up procedures as required ...... 5,500 10,000 (i) Failure to use required method for revising baseline audiograms ...... 5,500 10,000 227.111 Audiometric test requirements: (a) Failure to conduct test as required ...... 5,500 10,000 (b) Failure to use required equipment ...... 5,500 10,000 (c) Failure to administer test in room that meets requirements ...... 5,500 10,000 (d) Complete failure to calibrate ...... 13,000 20,500 (1) Failure to perform daily calibration as required ...... 2,500 5,000 (2) Failure to perform annual calibration as required ...... 2,500 5,000 (3) Failure to perform exhaustive calibration as required ...... 2,500 5,000 227.115 Hearing protectors (HP): (a) Failure to comply with general requirements ...... 9,500 17,000 (b) Failure to make HP available as required ...... 5,500 10,000 (c) Failure to require use of HP at action level ...... 13,000 20,500 (d) Failure to require use of HP at TWA of 90 dB(A) ...... 13,000 20,500 227.117 Hearing protector attenuation: (a) Failure to evaluate attenuation as required ...... 2,500 5,000 (b)–(c) Failure to attenuate to required level ...... 2,500 5,000 (d) Failure to reevaluate attenuation ...... 2,500 5,000

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APPENDIX G TO PART 227—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

227.119 Training program: (a) Failure to institute a training program as required ...... 9,500 17,000 (b) Failure to provide training within required time frame ...... 2,500 5,000 (c) Failure of program and/or training materials to include required information ...... 2,500 5,000 227.121 Recordkeeping: (a) General Requirements: (1) Failure to make record available as required ...... 2,500 5,000 (3) Failure to transfer or retain records as required ...... 2,500 5,000 (b)–(f) Records: (1) Failure to maintain record or failure to maintain record with required information ...... 2,500 5,000 (2) Failure to retain records for required time period ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 227. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 228—[AMENDED] Appendix A to Part 228—Requirements $16,000 to $25,000 and the aggravated of the Hours of Service Act: Statement maximum was increased from $27,000 to 29. The authority citation for part 228 of Agency Policy and Interpretation $100,000 in accordance with the authority continues to read as follows: provided under the Rail Safety Improvement * * * * * Act of 2008. FRA’s guideline civil penalty Authority: 49 U.S.C. 20103, 20107, 21101– General Provisions amounts for violations of the substantive 21109; Sec. 108, Div. A, Pub. L. 110–432, 122 hours of service statute are $9,500 for an * * * * * Stat. 4860–4866; 49 U.S.C. 21301, 21303, ordinary violation of the hours of service Penalty. * * * Effective October 9, 2007, statute and $17,000 for a willful violation of 21304, 21311; 28 U.S.C. 2461, note; and 49 the ordinary maximum penalty of $11,000 CFR 1.49; and 49 U.S.C. 103. the hours of service statute. The was raised to $16,000 as required under law. Administrator reserves the right to assess a 30. In appendix A to part 228, the Effective March 2, 2009, the minimum penalty of up to $100,000 for a violation ninth paragraph below the heading penalty, ordinary maximum penalty and where circumstances warrant. See 49 CFR ‘‘ ’’ ‘‘ ’’ aggravated maximum penalty were raised part 209, appendix A. General Provisions , entitled Penalty again. The minimum penalty was increased is revised to read as follows: from $550 to $650 pursuant to the law’s * * * * * requirement. Meanwhile, the ordinary 31. Appendix B to part 228 is revised maximum penalty was increased from to read as follows:

APPENDIX B TO PART 228—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Records and Reporting 228.9 Railroad records ...... $5,500 $10,000 228.11 Hours of duty records ...... 2,500 5,000 Error on record reflect pattern of inaccurate recordkeeping ...... 13,000 20,500 228.17 Dispatcher’s record ...... 2,500 5,000 228.19 Monthly reports of excess service ...... 9,500 17,000 Subpart D—Electronic Recordkeeping 228.203 Program components ...... 9,500 17,000 228.205 Access to electronic records ...... 9,500 17.000 228.207 Training ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 228. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 229—[AMENDED] Authority: 49 U.S.C. 20102–20103, 20107, 33. Appendix B to part 229 is revised 20133, 20137–20138, 20143, 20701–20703, to read as follows: 32. The authority citation for part 229 21301–21302, 21304; 28 U.S.C. 2461, note; continues to read as follows: and 49 CFR 1.49(c), (m).

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APPENDIX B TO PART 229—SCHEDULE OF CIVIL PENALTIES 1

Section 2 Violation Willful violation

Subpart A—General 229.7 Prohibited acts: Safety deficiencies not governed by specific regulations: To be assessed on rel- evant facts ...... $2,500–13,000 $5,000–20,500 229.9 Movement of noncomplying locomotives ...... (1) (1) 229.11 Locomotive identification ...... 2,500 5,000 229.13 Control of locomotives ...... 9,500 17,000 229.17 Accident reports ...... 15,500 10,000 219.19 Prior waivers ...... (1) (1) Subpart B—Inspection and Tests 229.21 Daily inspection: (a)(b): (1) Inspection overdue ...... 5,500 10,000 (2) Inspection report not made, improperly executed, or not retained ...... 2,500 5,000 (c) Inspection not performed by a qualified person ...... 2,500 5,000 229.23 Periodic inspection General (a)(b): (1) Inspection overdue ...... 5,500 10,000 (2) Inspection performed improperly or at a location where the underneath portion cannot be safely inspected ...... 5,500 10,000 (c)(d): (1) Form missing ...... 2,500 5,000 (2) Form not properly displayed ...... 2,500 5,000 (3) Form improperly executed ...... 2,500 5,000 (e) Replace Form FRA F 6180–49A by April 2 ...... 2,500 5,000 (f) Secondary record of the information reported on Form FRA F 6180.49A ...... 2,500 5,000 229.25: (a) through (e)(4) Tests: Every periodic inspection ...... 5,500 10,000 (e)(5) Ineffective maintenance ...... 13,000 20,500 229.27 Annual tests ...... 5,500 10,000 229.29 Biennial tests ...... 5,500 10,000 229.31: (a) Biennial hydrostatic tests of main reservoirs ...... 5,500 10,000 (b) Biennial hammer tests of main reservoirs ...... 5,500 10,000 (c) Drilled telltale holes in welded main reservoirs ...... 5,500 10,000 (d) Biennial tests of aluminum main reservoirs ...... 5,500 10,000 229.33 Out-of-use credit ...... 2,500 5,000 Subpart C—Safety Requirements General Requirements 229.41 Protection against personal injury ...... 9,500 17,000 229.43 Exhaust and battery gases ...... 9,500 17,000 229.45 General condition: To be assessed based on relevant facts ...... 2,500–13,000 5,000–20,500 Brake System 229.46 Brakes: General ...... 9,500 17,000 229.47 Emergency brake valve ...... 9,500 17,000 229.49 Main reservoir system: (a)(1) Main reservoir safety valve ...... 9,500 17,000 (2) Pneumatically actuated control reservoir ...... 9,500 17,000 (b)(c) Main reservoir governors ...... 9,500 17,000 229.51 Aluminum main reservoirs ...... 9,500 17,000 229.53 Brake gauges ...... 9,500 17,000 229.55 Piston travel ...... 9,500 17,000 229.57 Foundation brake gear ...... 9,500 17,000 229.59 Leakage ...... 9,500 17,000 Draft System 229.61 Draft system ...... 5,500 10,000 Suspension System 229.63 Lateral motion ...... 5,500 10,000 229.64 Plain bearing ...... 5,500 10,000 229.65 Spring rigging ...... 5,500 10,000 229.67 Trucks ...... 9,500 17,000 229.69 Side bearings ...... 9,500 17,000 229.71 Clearance above top of rail ...... 2,500 5,000 229.73 Wheel sets ...... 9,500 17,000 229.75 Wheel and tire defects: (a), (d) Slid flat or shelled spot(s): (1) One spot 21⁄2″ or more but less than 3″ in length ...... 9,500 17,000 (2) One spot 3″ or more in length ...... 13,000 20,500 (3) Two adjoining spots each of which is 2″ or more in length but less than 21⁄2″ in length ...... 9,500 17,000

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APPENDIX B TO PART 229—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

(4) Two adjoining spots each of which are at least 2″ in length, if either spot is 21⁄2″ or more in length ...... 13,000 20,500 (b) Gouge or chip in flange of: (1) More than 11⁄2″ but less than 15⁄8″ in length; and more than 1⁄2″ but less than 5⁄8″ in width ...... 9,500 17,000 (2) 15⁄8″ or more in length and 5⁄8″ or more in width ...... 13,000 20,500 (c) Broken rim ...... 19,500 25,000 (e) Seam in tread ...... 9,500 17,000 (f) Flange thickness of:. (1) 7⁄8″ or less but more than 13⁄16″ ...... 9,500 17,000 (2) 13⁄16″ or less ...... 13,000 20,500 (g) Tread worn hollow ...... 9,500 17,000 (h) Flange height of: (1) 11⁄2″ or greater but less than 15⁄8″ ...... 9,500 17,000 (2) 15⁄8″ or more ...... 13,000 20,500 (i) Tire thickness ...... 9,500 17,000 (j) Rim thickness: (1) Less than 1″ in road service and 3⁄4″ in yard service ...... 9,500 17,000 (2) 15⁄16″ or less in road service and 11⁄16″ in yard service ...... 13,000 20,500 (k): (1) Crack of less than 1″ ...... 9,500 17,000 (2) Crack of 1″ or more ...... 13,000 20,500 (3) Break ...... 19,500 25,000 (l) Loose wheel or tire ...... 19,500 25,000 (m) Welded wheel or tire ...... 9,500 17,000 Electrical System 229.77 Current collectors ...... 5,500 10,000 229.79 Third rail shoes and beams ...... 5,500 10,000 229.81 Emergency pole; shoe insulation ...... 9,500 17,000 229.83 Insulation or grounding ...... 13,000 20,500 229.85 Door and cover plates marked ‘‘Danger’’ ...... 5,500 10,000 229.87 Hand operated switches ...... 5,500 10,000 229.89 Jumpers; cable connections: (a) Jumpers and cable connections; locked and guarded ...... 9,500 17,000 (b) Condition of jumpers and cable connections ...... 9,500 17,000 229.91 Motors and generators ...... 9,500 17,000 Internal Combustion Equipment 229.93 Safety cut-off device ...... 9,500 17,000 229.95 Venting ...... 9,500 17,000 229.97 Grounding fuel tanks ...... 9,500 17,000 229.99 Safety hangers ...... 9,500 17,000 229.101 Engines: (a) Temperature and pressure alarms, controls, and switches ...... 5,500 10,000 (b) Warning notice ...... 9,500 17,000 (c) Wheel slip/slide protection ...... 5,500 10,000 Steam Generators 229.103 Safe working pressure; factor of safety 9,500 17,000 229.105 Steam generator number ...... 2,500 5,000 229.107 Pressure gauge ...... 9,500 17,000 229.109 Safety valves ...... 9,500 17,000 229.111 Water-flow indicator ...... 9,500 17,000 229.113 Warning notice ...... 9,500 17,000 Cabs and Cab Equipment 229.115 Slip/slide alarms ...... 9,500 17,000 229.117 Speed indicators ...... 9,500 17,000 229.119 Cabs, floors, and passageways: (a)(1) Cab set not securely mounted or braced ...... 5,500 10,000 (2) Insecure or improper latching device ...... 5,500 10,000 (b) Cab windows of lead locomotive ...... 5,500 10,000 (c) Floors, passageways, and compartments ...... 5,500 10,000 (d) Ventilation and heating arrangement ...... 9,500 17,000 (e) Continuous barrier ...... 9,500 17,000 (f) Containers for fuses and torpedoes ...... 9,500 17,000 229.121 Locomotive cab noise: (a) Performance Standards (1) Failure to meet sound level ...... 13,000 20,500 (2) Improper maintenance alterations ...... 5,500 10,000 (3) Failure to comply with static test protocols ...... 5,500 10,000 (b) Maintenance of Locomotives: (1) Failure to maintain excessive noise report record or respond to report as required ...... 5,500 10,000

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APPENDIX B TO PART 229—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

(3) Failure to make good faith effort as required ...... 5,500 10,000 (4) Failure to maintain record as required ...... 2,500 5,000 229.123 Pilots, snowplows, end plates ...... 5,500 10,000 229.125: (a) Headlights ...... 9,500 17,000 (d) Auxiliary lights ...... 9,500 17,000 229.127 Cab lights ...... 5,500 10,000 229.129 Locomotive horn: (a) Prescribed sound levels ...... 9,500 17,000 Arrangement of horn ...... 9,500 17,000 (b) Failure to perform sound level test ...... 9,500 17,000 (c) Sound level test improperly performed ...... 9,500 17,000 Record of sound level test improperly executed, or not retained ...... 5,500 10,000 229.131 Sanders ...... 2,500 5,000 229.135 Event Recorders: (a) Lead locomotive without in-service event recorder ...... 9,500 17,000 (b) Failure to meet equipment requirements ...... 9,500 17,000 (c) Unauthorized removal or failure to remove from service ...... 9,500 17,000 (d) Improper response to out of service event recorder ...... 9,500 17,000 (e) Failure to preserve data or unauthorized extraction of data ...... 9,500 17,000 (g) Tampering with device or data ...... 9,500 17,000 229.137 Sanitation, general: (a) Sanitation compartment in lead unit, complete failure to provide required items ...... 9,500 17,000 (1) Ventilation ...... 5,500 10,000 (2) Door missing ...... 5,500 10,000 (2)(i) Door doesn’t close ...... 5,500 10,000 (2)(ii) No modesty lock ...... 2,500 5,000 (3) Not equipped with toilet in lead ...... 9,500 17,000 (4) Not equipped with washing system ...... 5,500 10,000 (5) Lack of paper ...... 5,500 10,000 (6) Lack of trash receptacle ...... 5,500 10,000 (b) Exceptions: (1)(i) Commuter service, failure to meet conditions of exception ...... 2,500 5,000 (1)(ii) Switching service, failure to meet conditions of exception ...... 2,500 5,000 (1)(iii) Transfer service, failure to meet conditions of exception ...... 2,500 5,000 (1)(iv) Class III, failure to meet conditions of exception ...... 2,500 5,000 (1)(v) Tourist, failure to meet conditions of exception ...... 2,500 5,000 (1)(vi) Control cab locomotive, failure to meet conditions of exception ...... 2,500 5,000 (2) Noncompliant toilet ...... 5,500 10,000 (c) Defective/unsanitary toilet in lead unit ...... 5,500 10,000 (1)–(5) Failure to meet conditions of exception ...... 5,500 10,000 (d) Defective/unsanitary unit; failure to meet conditions for trailing position ...... 5,500 10,000 (e) Defective/sanitary unit; failure to meet conditions for switching/transfer service ...... 5,500 10,000 (f) Paper, washing, trash holder; failure to equip prior to departure ...... 5,500 10,000 (g) Inadequate ventilation; failure to repair or move prior to departure ...... 5,500 10,000 (h) Door closure/modesty lock; failure to repair or move ...... 2,500 5,000 (i) Failure to retain/maintain of equipped units ...... 5,500 10,000 (j) Failure to equip new units/in-cab facility ...... 5,500 10,000 (k) Failure to provide potable water ...... 5,500 10,000 229.139 Servicing requirements: (a) Lead occupied unit not sanitary ...... 5,500 10,000 (b) Components not present/operating ...... 2,500 5,000 (c) Occupied unit in switching, transfer service, in trailing position not sanitary ...... 2,500 5,000 (d) Defective unit used more than ten days ...... 5,500 10,000 (e) Failure to repair defective modesty lock ...... 2,500 5,000 Subpart D—Locomotive Crashworthiness Design Requirements 229.141 Body structure, MU locomotives ...... 9,500 17,000 229.205 General requirements: (a)(1) Wide-nose locomotive not designed in compliance with AAR S–580–2005 ...... 19,500 25,000 (2) Wide-nose locomotive not designed in compliance with new approved design standard ...... 19,500 25,000 (3) Wide-nose locomotive not designed in compliance with alternate approved design standard .. 19,500 25,000 (b) Monocoque or semi-monocoque locomotive not in compliance with design requirements ...... 19,500 25,000 (c) Narrow-nose not in compliance with design requirements ...... 19,500 25,000 229.206 Design requirements: Locomotive fails to meet— (1) Emergency egress requirements ...... 19,500 25,000 (2) Emergency interior lighting requirements ...... 19,500 25,000 (3) Interior configuration requirements ...... 19,500 25,000 229.213 Locomotive manufacturing information: (a) Failure to retain required information ...... 9,500 17,000 (b) Failure to produce required information ...... 9,500 17,000

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APPENDIX B TO PART 229—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

229.215 Retention and inspection of designs: (a) Failure to retain required design records ...... 9,500 17,000 (b) Failure to retain required repair or modification records ...... 9,500 17,000 (c) Failure to make records available when requested ...... 9,500 17,000 229.217 Fuel tank: (a) External fuel tank ...... 19,500 25,000 (b) Internal fuel tank ...... 19,500 25,000 1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single locomotive that is used by a railroad, the appropriate penalties set forth above are aggregated up to a max- imum of $25,000 per day. However, a failure to perform, with respect to a particular locomotive, any of the inspections and tests required under subpart B of this part will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on that locomotive. Moreover, the Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances war- rant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement set forth in § 229.9 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory sec- tion(s) concerning the substantive defect(s) present on the locomotive at the time of movement. Failure to comply with § 229.19 will result in the lapse of any affected waiver. 2 The penalty schedule uses section numbers from 49 CFR part 229. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 230—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20702; 35. Appendix D to part 230 is revised 28 U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 34. The authority citation for part 230 continues to read as follows:

APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES

2 Willful Section Violation violation

Subpart A—General General Inspection Requirements 230.11 Repair of non-complying conditions: (a) Failure to repair noncomplying steam locomotive prior to use in service ...... $5,500 $10,000 (b) Failure of owner and/or operator to approve repairs made prior to use of steam locomotive ...... 5,500 10,000 230.12 Movement of noncomplying steam locomotive ...... (1) (1) 230.13 Daily inspection: (a)(b): (1) Inspection overdue ...... 9,500 17,000 (2) Inspection not performed by qualified person ...... 5,500 10,000 (c) Inspection report not made, improperly executed or not retained ...... 5,500 10,000 230.14 Thirty-one service day inspection: (a): (1) Inspection overdue ...... 9,500 17,000 (2) Inspection not performed by qualified person ...... 5,500 10,000 (b) Failure to notify FRA ...... 5,500 10,000 (c) Inspection report not made, improperly executed, not properly filed ...... 5,500 10,000 230.15 Ninety-two service day inspection: (a): (1) Inspection overdue ...... 9,500 17,000 (2) Inspection not performed by qualified person ...... 5,500 10,000 (b) Inspection report not made, improperly executed, not properly filed ...... 5,500 10,000 230.16 Annual inspection: (a): (1) Inspection overdue ...... 9,500 17,000 (2) Inspection not performed by qualified person ...... 5,500 10,000 (b) Failure to notify FRA ...... 5,500 10,000 (c) Inspection report not made, improperly executed, not properly filed ...... 5,500 10,000 230.17 One thousand four hundred seventy-two service day inspection: (a): (1) Inspection overdue ...... 9,500 17,000 (2) Inspection not performed by qualified person ...... 5,500 10,000 (b) Inspection report not made, improperly executed, not properly maintained, not properly filed ...... 5,500 10,000 Recordkeeping Requirements 230.18 Service days: (a) Service day record not available for inspection ...... 5,500 10,000 (b) Failure to file service day report with FRA Regional Administrator ...... 5,500 10,000 (c) Failure to complete all 1,472 service day inspection items prior to returning retired steam loco- motive to service ...... 9,500 17,000

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

230.19 Posting of forms: (a) FRA Form No. 1: (1) FRA Form No. 1 not properly filled out ...... 5,500 10,000 (2) FRA Form No. 1 not properly displayed ...... 5,500 10,000 (b) FRA Form No. 3: (1) FRA Form No. 3 not properly filled out ...... 5,500 10,000 (2) FRA Form No. 3 not properly displayed ...... 5,500 10,000 230.20 Alteration and repair reports: (a) Alterations: (1) Failure to properly file FRA Form No. 19 with FRA Regional Administrator ...... 5,500 10,000 (2) FRA Form No. 19 not properly filled out ...... 5,500 10,000 (3) FRA Form No. 19 not properly maintained ...... 5,500 10,000 (b) Repairs to unstayed portions of the boiler: (1) FRA Form No. 19 not properly filled out ...... 5,500 10,000 (2) FRA Form No. 19 not properly maintained ...... 5,500 10,000 (c) Repairs to stayed portions of the boiler: (1) FRA Form No. 19 not properly filled out ...... 5,500 10,000 (2) FRA Form No. 19 not properly maintained ...... 5,500 10,000 230.21 Failure to properly document steam locomotive number change ...... 5,500 10,000 230.22 Failure to properly report accident resulting from failure of steam locomotive boiler or part or ap- purtenance thereof ...... 9,500 17,000 Subpart B—Boilers and Appurtenances 230.23 Responsibility for general construction and safe working pressure: (a) Failure to properly establish safe working pressure for steam locomotive boiler ...... 19,500 25,000 (b) Placing steam locomotive in service before safe working pressure for boiler has been established 19,500 25,000 Allowable Stress 230.24 Maximum allowable stress values on boiler components: (a) Use of materials not of sufficient tensile strength ...... 5,500 10,000 (b) Use of a safety factor value of less than four when using the code of original construction in boil- er calculations ...... 13,000 20,500 230.25 Maximum allowable stresses on stays and braces: (a) Exceeding allowable stress values on fire box and/or combustion chamber ...... 5,500 10,000 (b) Exceeding allowable stress values on round, rectangular or gusset braces ...... 5,500 10,000 Inspection and Repair 230.29 Inspection and repair: (a): (1) Failure of owner and/or operator to inspect and repair any steam locomotive boiler and/or ap- purtenance under control thereof ...... 9,500 17,000 (2) Failure to remove steam locomotive from service when considered necessary to do so ...... 13,000 20,500 (b): (1) Failure of perform repairs in accordance with accepted industry standards ...... 13,000 20,500 (2) Owner and/or operator returning steam locomotive boiler and/or appurtenances to service before they are in good condition and safe and suitable for service ...... 13,000 20,500 230.30 Lap-joint seam boilers, failure to properly inspect ...... 13,000 20,500 230.31 Flues to be removed: (a): (1) Failure to remove all flues when inspecting boiler ...... 9,500 17,000 (2) Failure to enter boiler and clean and inspect ...... 9,500 17,000 (b) Failure to remove superheater flues when deemed necessary to do so ...... 5,500 10,000 230.32 Time and method of inspection: (a) Failure to perform 1,472 service day inspection when required to do so ...... 9,500 17,000 (b) Failure to properly inspect boiler during 1,472 service day inspection ...... 9,500 17,000 230.33 Welded repairs and alterations: (a) Failure to obtain permission before welding on unstayed portions of boiler containing alloy or car- bon steel with carbon content over .25 percent carbon ...... 9,500 17,000 (b) Failure to perform welding on unstayed portions of boiler containing carbon steel not exceeding .25 percent carbon in accordance with a nationally accepted standard for boiler repairs ...... 9,500 17,000 (c): (1) Failure to submit written request for approval before performing weld buildup on wasted areas of unstayed boiler surfaces that exceed 100 square inches or the smaller of 25 percent of minimum required wall thickness or 1⁄2 inch ...... 9,500 17,000 (2) Repairing wasted sheets ...... 9,500 17,000 230.34 Riveted repairs and alterations: (a) Failure to obtain approval before making riveted alterations on unstayed portions of the boiler; failure to do riveting in accordance with established railroad practices or accepted national stand- ards for boiler repairs ...... 9,500 17,000 (b) Failure to perform riveted repairs on unstayed boiler portions in accordance with established rail- road practices or accepted national standards for boiler repairs ...... 9,500 17,000

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

(c) Failure to perform riveted repairs on stayed boiler portions in accordance with established railroad practices or accepted national standards for boiler repairs ...... 5,500 10,000 Pressure Testing of Boilers 230.35 Failure to raise temperature of steam locomotive boiler to 70 degrees F. before applying hydro- static pressure to the boiler ...... 5,500 10,000 230.36 Hydrostatic testing of boilers: (a) Failure to perform hydrostatic test of boiler as required ...... 9,500 17,000 (b) Failure to properly perform hydrostatic test ...... 9,500 17,000 (c) Failure to properly inspect boiler after conducting hydrostatic test above MAWP ...... 9,500 17,000 230.37 Failure to perform proper steam test or inspection of boiler after completion of repair or alter- ation to boiler ...... 5,500 10,000 Staybolts 230.38 Telltale holes: (a) Failure to have telltale holes as required in staybolts ...... 5,500 10,000 (b) Failure to have proper telltale holes in reduced body staybolts ...... 5,500 10,000 (c) Failure to keep telltale holes when so required ...... 5,500 10,000 230.39 Broken staybolts: (a) Boiler in service with excess number of broken staybolts ...... 9,500 17,000 (b) Failure to replace staybolts when required to do so; to properly replace staybolts when so re- quired; to inspect adjacent staybolts when replacing broken staybolts ...... 9,500 17,000 (c) Failure to count leaking, plugged, or missing telltale holes as broken staybolts ...... 9,500 17,000 (d) Closing telltale holes by prohibited means ...... 9,500 17,000 230.40 Time and method of staybolt testing: (a) Failure to hammer test staybolts when so required ...... 5,500 10,000 (b) Failure to properly hammer test staybolts ...... 5,500 10,000 230.41 Flexible staybolts with caps: (a) Failure to inspect flexible staybolts as required ...... 5,500 10,000 (b) Failure to replace broken flexible staybolts; failure to close inner ends of telltale holes as required 5,500 10,000 (c) Failure to report removal of flexible staybolts caps and other tests on FRA Form No. 3 when so required ...... 5,500 10,000 (d) Failure to remove staybolt caps or otherwise test when FRA inspector or steam locomotive owner and/or operator consider it necessary to do so ...... 5,500 10,000 Steam Gauges 230.42 Failure to have accurate boiler steam gauge where engine crew can conveniently read ...... 13,000 20,500 230.43 Failure to have gauge siphon of proper capacity on steam gauge supply pipe; failure to properly clean, maintain the steam gauge supply pipe ...... 5,500 10,000 230.44 Failure to test steam gauge when so required ...... 5,500 10,000 230.45 Failure to properly test and/or set steam gauge ...... 5,500 10,000 230.46 Failure to attach to boiler backhead metal badge plate showing allowable steam pressure ...... 5,500 10,000 230.47 Boiler Number: (a) (b) (c) Failure to stamp builder’s number on boiler when number is known ...... 5,500 10,000 Safety Relief Valves 230.48 Number and capacity of safety relief valves: (a) Failure to equip steam locomotive boiler with proper safety relief valves ...... 13,000 20,500 (b) Failure to provide additional safety relief valve capacity when so required ...... 13,000 20,500 230.49 Setting of safety relief valves: (a) Safety relief valve(s) set and/or adjusted by person not competent to do so ...... 13,000 20,500 (b) Safety relief valve(s) not set to open at prescribed pressure(s) ...... 13,000 20,500 (c) Safety relief valve(s) not properly set ...... 13,000 20,500 (d) Set pressure of lowest safety relief valve not properly indicated ...... 5,500 10,000 230.50 Failure to test and adjust safety relief valves when required to do so ...... 9,500 17,000 Water Glasses and Gauge Cocks 230.51 Failure to equip steam locomotive boiler with at least two properly installed water glasses ...... 5,500 10,000 230.52 Failure to properly equip water glasses ...... 13,000 20,500 230.53 Failure to properly clean water glass valves and/or gauge cocks when required to do so ...... 5,500 10,000 230.54 Testing and maintenance: (a) Failure to properly test water glasses and/or gauge cocks ...... 5,500 10,000 (b) Failure to properly maintain gauge cocks, water column drain valves, and/or water glass valves ... 9,500 17,000 230.55 Tubular type water and lubricator glasses and shields: (a) Failure to renew tubular type water glasses as required ...... 5,500 10,000 (b) Failure to properly shield tubular water glasses and/or lubricator glasses ...... 5,500 10,000 (c) Failure to properly locate and/or maintain water glasses and/or water glass shields ...... 5,500 10,000 230.56 Failure to equip water glass with suitable lamp ...... 5,500 10,000 Injectors, Feedwater Pumps, and Flue Plugs 230.57 Injectors and feedwater pumps: (a) Failure to equip steam locomotive with proper means for delivering water to the boiler ...... 13,000 20,500

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

(b) Failure to properly test and/or maintain injectors, feedwater pumps, boiler checks, delivery pipes, feed water pipes, tank hose, tank valves ...... 13,000 20,500 (c) Failure to properly brace injectors, feedwater pumps, and/or associated piping ...... 5,500 10,000 230.58 Flue plugs: (a) Plugging flue plugs when not otherwise permitted ...... 5,500 10,000 (b) Improperly plugging flue plugs, when otherwise permitted ...... 5,500 10,000 Fusible Plugs 230.59 Failure to remove and properly clean fusible boiler plugs when required to do so; failure to prop- erly note removal ...... 9,500 17,000 Washing Boilers 230.60 Time of washing: (a) Failure to thoroughly wash boiler when required to do so ...... 5,500 10,000 (b) Failure to remove washout plugs, arch tube plugs, thermic siphon plugs, circulator plugs, water bar plugs when washing locomotive boiler ...... 9,500 17,000 (c) Failure to examine and/or properly maintain washout plugs washout plug sleeves, threaded open- ings ...... 9,500 17,000 (d) Failure to clean fusible plugs when required to do so ...... 9,500 17,000 230.61 Arch tubes, water bar tubes, circulators and thermic siphons: (a) Failure to clean, wash, inspect arch tubes, water bar tubes, circulators and thermic siphons as re- quired ...... 5,500 10,000 (b) Failure to renew arch tubes, water bar tubes; failure to repair or renew circulators, thermic si- phons when required ...... 9,500 17,000 (c) Failure to properly inspect and/or replace as necessary arch tubes, water bar tubes, circulators ... 9,500 17,000 Steam Pipes 230.62 Failure to properly inspect and/or repair or replace as necessary dry pipes subject to pressure ... 13,000 20,500 230.63 Failure to properly inspect smoke box, steam pipes, pressure parts when required to do so ...... 9,500 17,000 Steam Leaks 230.64 Failure to remove from service steam locomotive boiler leaking under lagging from condition which may reduce safety and/or repair the boiler before returning to service ...... 9,500 17,000 230.65 Failure to keep steam locomotive boiler, piping, appurtenances in repair so steam does not ob- scure vision ...... 5,500 10,000 Subpart C—Steam Locomotives and Tenders 230.66 Failure to properly oversee general design, construction, maintenance of steam locomotive(s) and tender(s) ...... 5,500 10,000 230.67 Failure to ensure all steam locomotives and tenders are properly inspected and repaired and/or all defects are properly repaired and steam locomotive and/or tender are in good condition, safe and suitable for service before being returned to service ...... 13,000 20,500 Speed Indicators 230.68 Failure to equip steam locomotive that operates in excess of 20 miles per hour over the general system with speed indicator maintained to ensure accurate functioning ...... 5,500 10,000 Ash Pans 230.69 Failure to equip steam locomotive with properly supported ash pan with operating mechanism that may be safely operated and securely closed ...... 5,500 10,000 Brake and Signal Equipment 230.70 Safe condition: (a) Failure to perform proper pre-departure inspection when so required ...... 5,500 10,000 (b) Failure to properly equip steam locomotive with brake pipe valve clearly identified as ‘‘Emergency Brake Valve’’ ...... 5,500 10,000 230.71 Orifice testing of air compressors: (a)(b): Failure to properly test and/or maintain air compressor(s) capacity ...... 5,500 10,000 230.72 Testing main reservoirs: (a) Failure to properly test main reservoir(s) when required ...... 5,500 10,000 (b) Impermissibly or improperly drilling main reservoir ...... 5,500 10,000 (c) Impermissibly using NDE method to measure wall thickness of main reservoir ...... 5,500 10,000 (d) Failure to use appropriate method of NDE testing of wall thickness of welded or riveted longitu- dinal lap seam main reservoir(s); failure to withdraw main reservoir(s) from service when testing reveals insufficient wall thickness ...... 9,500 17,000 230.73 Air gauges: (a) Failure to equip steam locomotive with properly located air gauge(s) that are no more than three psi in error ...... 5,500 10,000 (b) Failure to test air gauge(s) when so required ...... 5,500 10,000 (c) Failure to properly test air gauge(s) ...... 5,500 10,000 230.74 Failure to properly clean and/or test all air brake valves, related dirt collectors, filters when re- quired to do so ...... 5,500 10,000

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

230.75 Failure to properly stencil or display date of testing and cleaning and initials of shop or station performing work ...... 5,500 10,000 230.76 Piston travel: (a) Insufficient minimum piston travel ...... 5,500 10,000 (b) Excessive piston travel when steam locomotive is stationary ...... 5,500 10,000 230.77 Foundation brake gear: (a) Failure to properly maintain foundation brake gear ...... 5,500 10,000 (b) Foundation brake gear less than 2.5 inches above rail ...... 5,500 10,000 230.78 Leakage: (a): (1) Failure to test for leakage from main reservoir or related piping as required ...... 5,500 10,000 (2) Failure to repair excessive leakage from main reservoir or related piping leakage ...... 5,500 10,000 (b) Failure to test for brake cylinder as required ...... 5,500 10,000 (c): (1) Failure to test for leakage from steam locomotive brake pipe as required ...... 5,500 10,000 (2) Failure to repair excessive brake pipe leakage ...... 5,500 10,000 230.79 Train signal system: (1) Failure to test the train signal system or other form of on-board communication as required ...... 5,500 10,000 (2) Failure to repair train signal system or other on-board communication when not safe or suitable for service ...... 5,500 10,000 Cabs, Warning Signals, Sanders and Lights 230.80 Cabs: (a) Steam locomotive cab not safe and suitable for service ...... 5,500 10,000 (b) Steam pipes: Construction, attachment ...... 5,500 10,000 (c) Oil-burning steam locomotive, cab-enclosed ...... 5,500 10,000 230.81 Cab aprons: (a) Cab apron, general provisions ...... 5,500 10,000 (b) Cab apron, insufficient width ...... 5,500 10,000 230.82 Fire doors: (a) Safe and suitable for service, general provisions ...... 5,500 10,000 (b) Construction and maintenance of mechanically operated fire doors ...... 5,500 10,000 (c) Construction and maintenance of hand-operated fire doors ...... 5,500 10,000 230.83 Cylinder cocks: (1) Failure to properly equip with cylinder cocks ...... 5,500 10,000 (2) Failure to properly maintain cylinder cocks ...... 5,500 10,000 230.84 Sanders: (1) Inoperable sanders ...... 5,500 10,000 (2) Failure to test sanders ...... 5,500 10,000 230.85 Audible warning devices: (a) General provisions ...... 5,500 10,000 (b) Sound level measurements, Failure to properly take ...... 5,500 10,000 230.86 Required illumination: (a) General provisions ...... 5,500 10,000 (b) Dimming device, failure to properly equip with ...... 5,500 10,000 (c) Multiple locomotives, failure of lead locomotive to display headlight ...... 5,500 10,000 230.87 Cab lights: Failure to properly equip with ...... 5,500 10,000 Throttles and Reversing Gear 230.88 Throttles: Failure to properly maintain, equip ...... 5,500 10,000 230.89 Reverse gear: (a) General provisions ...... 5,500 10,000 (b) Air-operated power reverse gear ...... 5,500 10,000 (c) Power reverse gear reservoirs ...... 5,500 10,000 Draw Gear and Draft Systems 230.90 Draw gear and draft systems: (a) Maintenance and testing ...... 5,500 10,000 (b) Safety bars and chains, general ...... 5,500 10,000 (c) Safety bars and chains, minimum length ...... 5,500 10,000 (d) Lost motion between steam locomotive and tender ...... 5,500 10,000 (e) Spring buffers: Improper application, compression ...... 5,500 10,000 230.91 Chafing irons: Improper application, maintenance ...... 5,500 10,000 230.92 Draw gear, draft systems: Improperly maintained, fastened ...... 5,500 10,000 Driving Gear 230.93 Pistons and piston rods: (a) Failure to properly inspect, maintain, renew ...... 5,500 10,000 (b) Fasteners: Failure to keep tight, properly equip ...... 5,500 10,000 230.94 Crossheads: Improperly maintained, excess clearance ...... 5,500 10,000 230.95 Guides: Failure to securely fasten, properly maintain ...... 5,500 10,000 230.96 Main, side, valve motion rods: 5,500 10,000

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

(a) General ...... 5,500 10,000 (b) Repairs ...... 5,500 10,000 (1) Failure to make in accordance with accepted national standard ...... 5,500 10,000 (2) Failure to submit written request for approval prior to welding ...... 5,500 10,000 (c) Bearings and bushings ...... 5,500 10,000 (d) Rod side motion: Excessive motion ...... 5,500 10,000 (e) Oil, grease cups: Failure to securely fasten, properly equip ...... 5,500 10,000 (f) Main rod bearings: (1) Excessive bore ...... 5,500 10,000 (2) Excessive lost motion ...... 5,500 10,000 (g) Side rod bearings, excessive bore ...... 5,500 10,000 230.97 Crank pins: (a) General provisions ...... 5,500 10,000 (b) Maintenance: Failure to maintain in safe, suitable condition ...... 5,500 10,000 Running Gear 230.98 Driving, trailing, engine truck axles: (a) Condemning defects ...... 5,500 10,000 (b) Journal diameter: Failure to stamp on end of axle ...... 2,500 5,000 230.99 Tender truck axle: Insufficient diameter ...... 5,500 10,000 230.100 Defects in tender truck axles and journals: (a) Tender truck axle condemning defects ...... 5,500 10,000 (b) Tender truck journal condemning defects ...... 5,500 10,000 230.101 Steam locomotive driving journal boxes: (a) Driving journal boxes: Failure to properly maintain ...... 5,500 10,000 (b) Broken bearings: Failure to renew ...... 5,500 10,000 (c) Loose bearings: Failure to repair or renew ...... 5,500 10,000 230.102 Tender plain bearing journal boxes: Failure to repair ...... 5,500 10,000 230.103 Tender roller bearing journal boxes: Failure to properly maintain ...... 5,500 10,000 230.104 Driving box shoes and wedges: Failure to properly maintain ...... 5,500 10,000 230.105 Lateral motion: (a) Condemning limits: Total lateral motion in excess of ...... 5,500 10,000 (b) Limits exceeded, failure to demonstrate conditions require additional lateral motion ...... 5,500 10,000 (c) Interferes with other parts of steam locomotive ...... 5,500 10,000 Trucks, Frames and Equalizing System 230.106 Steam locomotive frame: (a) Failure to properly inspect and/or maintain ...... 5,500 10,000 (b) Broken frames, not properly patched or secured ...... 13,000 20,500 230.107 Tender frame and body: (a) Failure to properly maintain ...... 5,500 10,000 (b) Height difference between tender deck and steam locomotive cab floor or deck excessive ...... 5,500 10,000 (c) Gangway minimum width excessive ...... 5,500 10,000 (d) Tender frame condemning defects ...... 9,500 17,000 230.108 Steam locomotive leading and trailing trucks: (a) Failure to properly maintain ...... 5,500 10,000 (b) Safety chain, suitable safety chain not provided ...... 5,500 10,000 (c) Insufficient truck clearance ...... 5,500 10,000 230.109 Tender trucks: (a): (1) Tender truck frames ...... 5,500 10,000 (2) Tender truck center plate ...... 5,500 10,000 (b) Tender truck bolsters: Failure to properly maintain ...... 9,500 17,000 (c) Condemning defects, springs and/or spring rigging ...... 5,500 10,000 (d) Truck securing arrangement: Not properly maintained ...... 5,500 10,000 (e) Side bearings, truck centering devices ...... 5,500 10,000 (f) Friction side bearings: Run in contact ...... 5,500 10,000 (g): (1) Side bearings, failure to equip rear trucks with ...... 5,500 10,000 (2) Insufficient clearance of ...... 5,500 10,000 230.110 Pilots: (a) General provisions ...... 5,500 10,000 (b) Clearance, insufficient or excessive ...... 5,500 10,000 230.111 Spring rigging: (a) Arrangement of springs and equalizers ...... 5,500 10,000 (b) Spring or spring rigging condemning defects ...... 5,500 10,000 Wheels and Tires 230.112 Wheels and tires: (a) Improperly mounted, excess variance in axle diameter ...... 9,500 17,000 (b) Out of gage ...... 5,500 10,000 (c) Flange distance variance, excessive ...... 5,500 10,000

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APPENDIX D TO PART 230—SCHEDULE OF CIVIL PENALTIES—Continued

2 Willful Section Violation violation

(d) Tire thickness, insufficient ...... 5,500 10,000 (e) Tire width, insufficient ...... 5,500 10,000 230.113 Wheels and tire defects: (1) Failure to repair ...... 5,500 10,000 (2) Welding on, except as otherwise provided for ...... 9,500 17,000 (a) Cracks or breaks in ...... 5,500 10,000 (b) Flat spots ...... 5,500 10,000 (c) Chipped flange ...... 5,500 10,000 (d) Broken rim ...... 5,500 10,000 (e) Shelled-out spots ...... 5,500 10,000 (f) Seams ...... 5,500 10,000 (g) Worn flanges, excessive wear ...... 5,500 10,000 (h) Worn treads, excessive wear ...... 5,500 10,000 (i) Flange height, insufficient or excessive ...... 5,500 10,000 (j) Rim thickness, insufficient ...... 5,500 10,000 (k) Wheel diameter, excessive variance ...... 5,500 10,000 230.114 Wheel centers: (a) Filling blocks and shims ...... 5,500 10,000 (b) Wheel center condemning limits, failure to repair ...... 5,500 10,000 (c) Wheel center repairs ...... 5,500 10,000 (d) Counterbalance maintenance ...... 5,500 10,000 Steam Locomotive Tanks 230.115 Feed water tanks: (a) General provisions ...... 5,500 10,000 (b) Inspection frequency, failure to inspect as required ...... 5,500 10,000 (c) Top of tender: Improperly maintained and/or equipped ...... 5,500 10,000 230.116 Oil tanks: (1) Failure to properly maintain ...... 13,000 20,500 (2) Failure to equip with complying safety cut-off device ...... 19,500 25,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement set forth in § 230.12 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individ- uals liable for penalty under the particular regulatory section(s) concerning the substantive defect(s) present on the locomotive at the time of movement. Failure to comply with § 230.12 will result in the lapse of any affected waiver. Generally, when two or more violations of these regula- tions are discovered with respect to a single locomotive that is used by a railroad, the appropriate penalties set forth are aggregated up to a maximum of $25,000 per day. However, a failure to perform, with respect to a particular locomotive, any of the inspections and tests required under this part, will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on that loco- motive. 2 The penalty schedule uses section numbers from 49 CFR part 230. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 231—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20702; 37. Appendix A to part 231 is revised 28 U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 36. The authority citation for part 231 continues to read as follows:

APPENDIX A TO PART 231—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

110.A1 Hand brake or hand brake part missing ...... $13,000 $20,500 110.A2 Hand brake or hand brake part broken ...... 13,000 20,500 110.A3 Hand brake or hand brake part loose or worn ...... 9,500 17,000 110.B1 Hand brake inoperative ...... 13,000 20,500 110.B2 Hand brake inefficient ...... 9,500 17,000 110.B3 Hand brake improperly applied ...... 9,500 17,000 110.B4 Hand brake incorrectly located ...... 5,500 10,000 110.B5 Hand brake shaft welded or wrong dimension ...... 5,500 10,000 110.B6 Hand brake shaft not retained in operating position ...... 5,500 10,000 110.B8 Hand brake or hand brake parts wrong design ...... 5,500 10,000 114.B2 Hand brake wheel or lever has insufficient clearance around rim or handle ...... 5,500 10,000 114.B3 Hand brake wheel/lever clearance insufficient to vertical plane through inside face of knuckle .... 5,500 10,000 120.A1 Brake step missing except by design ...... 13,000 20,500 120.A2 Brake step or brace broken or decayed ...... 13,000 20,500 120.A3 Brake step or brace loose ...... 9,500 17,000 120.B1 Brake step or brace bent ...... 9,500 17,000

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APPENDIX A TO PART 231—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

120.B2 Brake step or brace wrong dimensions ...... 5,500 10,000 120.C1 Brake step improperly applied ...... 5,500 10,000 120.C2 Brake step improperly located ...... 5,500 10,000 120.C3 Brake step with less than 4″ clearance to vertical plane through inside face of knuckle ...... 5,500 10,000 120.C4 Brake step obstructed or otherwise unsafe ...... 9,500 17,000 124.A1 Running board missing or part missing except by design ...... 13,000 20,500 124.A2 Running board broken or decayed ...... 13,000 20,500 124.A3 Running board loose presents a tripping hazard or other unsafe condition ...... 9,500 17,000 124.A4 Running board wrong material ...... 5,500 10,000 124.B1 Running board bent to the extent that it is unsafe ...... 9,500 17,000 124.B2 Running board wrong dimensions ...... 5,500 10,000 124.B3 Running board wrong location ...... 5,500 10,000 124.C1 Running board improperly applied ...... 5,500 10,000 124.C2 Running board obstructed ...... 9,500 17,000 126.A1 End platform missing or part except by design ...... 13,000 20,500 126.A2 End platform broken or decayed ...... 13,000 20,500 126.A3 End platform loose ...... 9,500 17,000 126.B1 End platform or brace bent ...... 5,500 10,000 126.B2 End platform wrong dimensions ...... 5,500 10,000 126.C1 End platform improperly applied ...... 5,500 10,000 126.C2 End platform with less than required clearance to vertical plane through inside knuckle ...... 5,500 10,000 126.C3 End platform improperly located ...... 5,500 10,000 126.C4 End platform obstructed ...... 9,500 17,000 128.A1 Platform or switching step missing ...... 13,000 20,500 128.A2 Platform or switching step broken or decayed ...... 13,000 20,500 128.A3 Platform or switching step loose ...... 9,500 17,000 128.B1 Platform or switching step bent ...... 9,500 17,000 128.B2 Platform or switching step does not meet the required location or dimensions ...... 5,500 10,000 128.C1 Platform or switching step improperly applied or repaired ...... 9,500 17,000 128.C2 Platform or switching step obstructed ...... 9,500 17,000 128.D1 Switching step back stop or kick plate missing ...... 5,500 10,000 128.D2 Switching step not illuminated when required ...... 5,500 10,000 128.D3 Non-illuminated step not painted contrasting color ...... 5,500 10,000 130.A1 Sill step or additional tread, missing ...... 13,000 20,500 130.A2 Sill step or additional tread, broken ...... 13,000 20,500 130.A3 Sill step or additional tread, loose ...... 9,500 17,000 130.B1 Sill step or additional tread, bent ...... 9,500 17,000 130.B2 Sill step or additional tread, having wrong dimensions or improperly located ...... 5,500 10,000 130.B3 Sill step improperly applied ...... 5,500 10,000 132.A1 Side door step missing step ...... 13,000 20,500 132.A2 Side door step broken ...... 13,000 20,500 132.A3 Side door step loose ...... 9,500 17,000 132.B1 Side door step bent ...... 9,500 17,000 132.B2 Side door step having wrong dimensions ...... 5,500 10,000 134.A1 Ladder missing ...... 13,000 20,500 134.A2 Ladder broken ...... 13,000 20,500 134.A3 Ladder loose ...... 9,500 17,000 134.B1 Ladder bent ...... 9,500 17,000 134.B2 Ladder having wrong dimensions ...... 5,500 10,000 134.C1 Ladder improperly applied ...... 5,500 10,000 134.C2 Ladder having insufficient clearance or improperly located ...... 5,500 10,000 134.C3 Ladder wrong design ...... 5,500 10,000 134.C4 Ladder wrong material ...... 5,500 10,000 134.D1 End clearance insufficient ...... 5,500 10,000 136.A1 Ladder tread or handholds missing ...... 13,000 20,500 136.A2 Ladder tread or handhold broken ...... 13,000 20,500 136.A3 Ladder tread or handhold loose except by design ...... 9,500 17,000 136.B1 Ladder tread or handhold bent to the extent that it may be unsafe ...... 9,500 17,000 136.B2 Ladder tread or handhold wrong dimensions ...... 5,500 10,000 136.C1 Ladder tread or handhold improperly applied ...... 5,500 10,000 136.C2 Ladder tread or handhold having wrong clearance ...... 5,500 10,000 136.C3 Ladder or handhold improperly located ...... 5,500 10,000 136.C4 Ladder tread or handhold obstructed ...... 9,500 17,000 136.C5 Ladder tread without footguards ...... 9,500 17,000 138.A1 Hand or safety railing missing ...... 13,000 20,500 138.A2 Hand or safety railing broken ...... 13,000 20,500 138.A3 Hand or safety railing loose except by design ...... 9,500 17,000 138.B1 Hand or safety railing bent ...... 9,500 17,000 138.B2 Hand or safety railing wrong dimensions ...... 5,500 10,000 138.C1 Hand or safety railing improperly applied ...... 5,500 10,000 138.C2 Hand or safety railing having less than the required clearance ...... 5,500 10,000

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APPENDIX A TO PART 231—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

138.C3 Hand or safety railing improperly located ...... 5,500 10,000 140.A1 Uncoupling lever missing ...... 9,500 17,000 140.A2 Uncoupling lever broken or disconnected ...... 9,500 17,000 140.B1 Uncoupling lever bent will not safely and reasonably function as intended ...... 9,500 17,000 140.C1 Uncoupling lever bracket bent lever will not function properly ...... 9,500 17,000 140.C2 Uncoupling lever bracket broken or missing ...... 9,500 17,000 140.D1 Uncoupling lever wrong dimension ...... 5,500 10,000 140.D2 Uncoupling lever with improper handle clearance ...... 5,500 10,000 144.A1 Coupler missing ...... 13,000 20,500 144.B1 Coupler height incorrect ...... 5,500 10,000 144.C1 Coupler inoperative ...... 9,500 17,000 145.A1 Kick plates missing ...... 5,500 10,000 145.A2 Kick plates broken ...... 5,500 10,000 145.B1 Kick plates wrong dimensions ...... 5,500 10,000 145.B2 Kick plates improper clearance ...... 5,500 10,000 145.B3 Kick plates insecure or improperly applied ...... 5,500 10,000 146.A Notice or stencil not posted on cabooses with running boards removed ...... 2,500 5,000 146.B Safe means not provided to clean or maintain windows of caboose ...... 2,500 5,000 231.31 Drawbars, standard height ...... 9,500 17,000 1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single unit of equipment that is used by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $25,000 per day. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 This schedule uses section numbers from FRA’s Safety Appliance Defect Code, a restatement of the CFR text in a reorganized format. For convenience, and as an exception to FRA’s general policy, penalty citations will cite the defect code rather than the CFR. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR and/or statutory citation in place of the defect code section cited in the penalty demand letter.

PART 232—[AMENDED] Authority: 49 U.S.C. 20102–20103, 20107, 39. Appendix A to part 232 is revised 20133, 20141, 20301–20303, 20306, 21301– to read as follows: 38. The authority citation for part 232 21302, 21304; 28 U.S.C. 2461, note; and 49 continues to read as follows: CFR 1.49.

APPENDIX A TO PART 232—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart A—General 232.15 Movement of power brake defects: (a) Improper movement, general ...... (1) (1) (11) Failure to make determinations and provide notification of en route defect ...... $9,500 $17,000 (b) Complete failure to tag ...... 9,500 17,000 (1) Insufficient tag or record ...... 2,500 5,000 (2), (4) Improper removal of tag ...... 9,500 17,000 (3) Failure to retain record of tag ...... 9,500 17,000 (c) Improper loading or purging ...... 9,500 17,000 (e) Improper placement of defective equipment ...... 9,500 17,000 232.19 Availability of records ...... (1) (1) Subpart B—General Requirements 232.103 All train brake systems: (a)–(c), (h)–(i) Failure to meet general design requirements ...... 9,500 17,000 (d) Failure to have proper percentage of operative brakes from Class I brake test ...... 13,000 20,500 (e) Operating with less than 85 percent operative brakes ...... 13,000 20,500 (f) Improper use of car with inoperative or ineffective ...... brakes ...... 9,500 17,000 (g) Improper display of piston travel ...... 9,500 17,000 (m) Failure to stop train with excess air flow or gradient ...... 9,500 17,000 (n) Securement of unattended equipment: (1) Failure to apply sufficient number of hand brakes; failure to develop or implement procedure to verify number applied ...... 13,000 20,500 (2) Failure to reduce to zero or vent brake pipe ...... 9,500 17,000 (3) Failure to apply hand brakes on locomotives ...... 9,500 17,000 (4) Failure to adopt or comply with procedures for securing unattended locomotive ...... 13,000 20,500 (o) Improper adjustment of air regulating devices ...... 9,500 17,000 (p) Failure to hold supervisors jointly responsible ...... 9,500 17,000 232.105 Locomotives: (a) Air brakes not in safe and suitable condition ...... 13,000 20,500 (b) Not equipped with proper hand or parking brake ...... 13,000 20,500

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APPENDIX A TO PART 232—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(c)(1) Failure to inspect/repair hand or parking brake ...... 9,500 17,000 (2) Failure to properly stencil, tag, or record ...... 5,500 10,000 (d) Excess leakage from equalizing reservoir ...... 9,500 17,000 (e) Improper use of feed or regulating valve braking ...... 9,500 17,000 (f) Improper use of passenger position ...... 9,500 17,000 (g) Brakes in operative condition ...... 13,000 20,500 232.107 Air sources/cold weather operations: (a)(1), (2) Failure to adopt or comply with monitoring program for yard air sources ...... 13,000 20,500 (3) Failure to maintain records ...... 9,500 17,000 (b) Failure to blow condensation ...... 13,000 20,500 (c) Use of improper chemicals ...... 13,000 20,500 (d) Failure to equip or drain yard air reservoirs ...... 13,000 20,500 (e) Failure to adopt or comply cold weather operating procedures ...... 13,000 20,500 232.109 Dynamic brakes: (a) Failure to provide information ...... 9,500 17,000 (b) Failure to make repairs ...... 9,500 17,000 (c) Failure to properly tag ...... 5,500 10,000 (d) Failure to maintain record of repair ...... 2,500 5,000 (e) Improper deactivation ...... 9,500 17,000 (f) Improper use of locomotive as controlling unit ...... 9,500 17,000 (g) Locomotive not properly equipped with indicator ...... 9,500 17,000 (h) Rebuilt locomotive not properly equipped ...... 9,500 17,000 (j) Failure to adopt or comply with dynamic brake operating rules ...... 13,000 20,500 (k) Failure to adopt or comply with training on operating procedures ...... 13,000 20,500 232.111 Train handling information: (a) Failure to adopt and comply with procedures ...... 13,000 20,500 (b) Failure to provide specific information ...... 9,500 17,000 Subpart C—Inspection and Testing Requirements 232.203 Training requirements: (a) Failure to develop or adopt program ...... 19,500 25,000 (b)(1)–(9) Failure to address or comply with specific required item or provision of program ...... 9,500 17,000 (c) Failure to adopt or comply with two-way EOT program ...... 13,000 20,500 (d) Failure to adopt or comply with retaining valve program ...... 13,000 20,500 (e) Failure to maintain adequate records ...... 13,000 20,500 (f) Failure to adopt and comply with periodic assessment plan ...... 19,500 25,000 232.205 Class I brake test—initial terminal inspection: (a) Complete failure to perform inspection ...... (1) 19,500 25,000 (c)(1)–(4), (6)–(8) Partial failure to perform inspection ...... 13,000 20,500 (c)(5) Failure to properly adjust piston travel (per car) ...... 9,500 17,000 (d) Failure to use carman when required ...... 5,500 10,000 (e) Failure to provide proper notification ...... 9,500 17,000 (f) Failure to void compressed air ...... 9,500 17,000 232.207 Class IA brake tests—1,000-mile inspection: (a) Complete failure to perform inspection ...... (1) 13,000 20,500 (b)(1)–(6) Partial failure to perform inspection ...... 9,500 17,000 (c) Failure to properly designate location ...... 9,500 17,000 (c)(1) Failure to perform at designated location ...... 9,500 17,000 (c)(2) Failure to provide notification ...... 9,500 17,000 232.209 Class II brake tests—intermediate inspection: (a) Complete failure to perform inspection ...... (1) 13,000 20,500 (b)(1)–(5), (c) Partial failure to perform inspection ...... 9,500 17,000 (c) Failure to conduct Class I after Class II pick-up ...... (1) (1) 232.211 Class III brake tests—trainline continuity inspection: (a) Complete failure to perform inspection ...... 13,000 20,500 (b)(1)–(4), (c) Partial failure to perform inspection ...... 9,500 17,000 (d) Failure to restore air pressure at rear ...... 9,500 17,000 232.213 Extended haul trains: (a)(1) Failure to properly designate an extended haul train ...... 13,000 20,500 (a)(2)–(3), (5)(i), (8) Failure to perform inspections ...... (1) (1) (a)(4) Failure to remove defective car (per car) ...... 5,500 10,000 (a)(5)(ii), (6) Failure to conduct inbound inspection ...... 13,000 20,500 (a)(7) Failure to maintain record of defects (per car) ...... 5,500 10,000 (b) Improper movement or use of extended haul train ...... 13,000 20,500 232.215 Transfer train brake tests: (a) Failure to perform inspection ...... 13,000 20,500 (b) Failure to perform on cars added ...... 9,500 17,000 232.217 Train brake system tests conducted using yard air: (a) Failure to use suitable device ...... 9,500 17,000 (b) Improper connection of air test device ...... 13,000 20,500 (c) Failure to properly perform inspection ...... (1) (1)

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APPENDIX A TO PART 232—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(d) Failure to calibrate test device ...... 9,500 17,000 (e) Failure to use accurate device ...... 9,500 17,000 232.219 Double heading and helper service: (a) Failure to perform inspection or inability to control brakes ...... 9,500 17,000 (b) Failure to make visual inspection ...... 9,500 17,000 (c) Use of improper helper link device ...... 9,500 17,000 Subpart D—Periodic Maintenance and Testing Requirements 232.303 General requirements: (b)–(d) Failure to conduct inspection or test when car on repair track ...... 9,500 17,000 (e) Improper movement of equipment for testing ...... 9,500 17,000 (e)(1) Failure to properly tag equipment for movement ...... 5,500 10,000 (e)(2)–(4) Failure to retain record or improper removal of tag or card ...... 5,500 10,000 (f) Failure to stencil or track test information ...... 9,500 17,000 232.305 Single car tests: (a) Failure to test in accord with required procedure ...... 9,500 17,000 (b)–(c) Failure to perform test ...... 9,500 17,000 232.309 Single car air brake test equipment and devices: (a)–(f) Failure to properly test or calibrate ...... 9,500 17,000 Subpart E—End-of-Train Devices 232.403 Design standards for one-way devices: (a)–(g) Failure to meet standards ...... 9,500 17,000 232.405 Design standards for two-way devices: (a)–(i) Failure to meet standards ...... 9,500 17,000 232.407 Operating requirements for two-way devices: (b) Failure to equip a train ...... 13,000 20,500 (c) Improper purchase ...... 9,500 17,000 (f)(1) Failure of device to be armed and operable ...... 13,000 20,500 (f)(2) Insufficient battery charge ...... 9,500 17,000 (f)(3) Failure to activate the device ...... 9,500 17,000 (g) Improper handling of en route failure, freight or other non-passenger ...... 13,000 20,500 (h) Improper handling of en route failure, passenger ...... 13,000 20,500 232.409 Inspection and testing of devices: (a) Failure to have unique code ...... 9,500 17,000 (b) Failure to compare quantitative values ...... 9,500 17,000 (c) Failure to test emergency capability ...... 13,000 20,500 (d) Failure to properly calibrate ...... 9,500 17,000 Subpart F—Introduction of New Brake System Technology 232.503 Process to introduce new technology: (b) Failure to obtain FRA approval ...... 19,500 25,000 232.505 Pre-revenue service acceptance testing plan: (a) Failure to obtain FRA approval ...... 13,000 20,500 (b) Failure to comply with plan ...... 9,500 17,000 (f) Failure to test previously used technology ...... 13,000 20,500 Subpart G—Electronically Controlled Pneumatic (ECP) Braking Systems 232.603 Design, interoperability, and configuration management requirements: (a) Failure to meet minimum standards ...... 5,500 10,000 (b) Using ECP brake equipment without approval ...... 9,500 17,000 (c) Failure to adopt and comply with a proper configuration management plan ...... 13,000 20,500 232.605 Training Requirements: (a) Failure to adopt and comply with a proper training, qualification, and designation program for em- ployees that perform inspection, testing or maintenance ...... (1) (1) (b) Failure to amend operating rules ...... 13,000 20,500 (c) Failure to adopt and comply with proper training criteria for locomotive engineers ...... 13,000 20,500 232.607 Inspection and testing requirements: (a)(1), (b), (c)(1) Complete or partial failure to perform inspection ...... (1) (1) (a)(2) Complete or partial failure to perform pre-departure inspection ...... 9,500 17,000 (c)(1)(iv), (c)(2) Failure to perform visual inspection on a car added en route ...... 9,500 17,000 (d) Failure to perform inspection ...... (1) (1) (e)(1), (2) Failure to properly initialize the train ...... 9,500 17,000 (e)(3) Failure to ensure identical consist and system information ...... 9,500 17,000 (f)(1) Failure to apply a proper brake pipe service reduction ...... (1) (1) (f)(2) Failure to properly adhere to the proper piston travel ranges ...... (1) (1) (g)(1)–(4) Improperly located and guarded cable ...... 13,000 20,500 (g)(5) Condition of cable and connections ...... 9,500 17,000 232.609 Handling of defective equipment with ECP brake systems: (a) Failure to have proper percentage of operative brakes from Class I brake test ...... (1) (1) (b) Failure to prevent a car known to arrive with defective brakes to depart location where a Class I brake test is required ...... 9,500 17,000

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APPENDIX A TO PART 232—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(c) Improper movement of a car equipped with conventional pneumatic brakes ...... 9,500 17,000 (d) Operating with less than 85 percent operative brakes ...... (1) (1) (f)(2)(i) Improper placement of defective conventional brake equipment ...... (1) (1) (f)(2)(ii) Improper placement of defective ECP brake equipment ...... 9,500 17,000 (g) Improper movement of defective stand-alone ECP brake equipment in a train operating with con- ventional pneumatic brakes ...... (1) (1) (h) Improper movement from initial terminal of stand-alone ECP brake equipment in a conventional brake operated train ...... (1) (1) (i) Failure to tag equipment ...... (1) (1) (j)(1) Failure to adopt and comply with procedures for the movement of defective equipment ...... 5,500 10,000 (j)(2) Failure to submit list of ECP brake system repair locations ...... 9,500 17,000 232.611 Periodic maintenance: (a) Failure to ensure the proper and safe condition of car ...... 9,500 17,000 (b)–(d) Failure to perform test ...... 9,500 17,000 232.613 End-of-train devices: (a) Failure to meet design standards for ECP–EOT devices ...... 9,500 17,000 (b) Moving with an improper or improperly connected ECP-EOT device ...... 9,500 17,000 1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single unit of equipment that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $25,000 per day. Although the penalties listed for failure to perform the brake inspections and tests under § 232.205 through § 232.209 may be assessed for each train that is not properly inspected, failure to perform any of the inspections and tests re- quired under those sections will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on the equipment contained in the train consist. Moreover, the Administrator reserves the right to assess a penalty of up to $100,000 for any vio- lation where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement of defective equipment set forth in § 232.15(a) will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) concerning the substantive defect(s) present on the equipment at the time of movement. Failure to provide any of the records or plans required by this part pursuant to § 232.19 will be considered a failure to maintain or develop the record or plan and will make the railroad liable for penalty under the particular regulatory section(s) concerning the retention or creation of the document involved. Failure to properly perform any of the inspections specifically referenced in §§ 232.209, 232.213, and 232.217 may be assessed under each section of this part or this chapter, or both, that contains the requirements for performing the referenced inspection. 2 The penalty schedule uses section numbers from 49 CFR part 232. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 233—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 41. Appendix A to part 233 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 40. The authority citation for part 233 continues to read as follows:

APPENDIX A TO PART 233—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

233.5 Accidents resulting from signal failure ...... $9,500 $17,000 233.7 Signal failure reports ...... 5,500 10,000 233.9 Reports ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 233. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 234—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 43. Appendix A to part 234 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 42. The authority citation for part 234 continues to read as follows:

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APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Reports 234.7 Accidents involving grade crossing signal failure ...... $9,500 $17,000 234.9 Grade crossing signal system failure reports ...... 5,500 10,000 Subpart C—Response to Reports of Warning System Malfunction 234.101 Employee notification rules ...... 5,500 10,000 234.103 Timely response to report of malfunction ...... 13,000 20,500 234.105 Activation failure: (a) Failure to notify—train crews ...... 19,500 25,000 Other railroads ...... 19,500 25,000 (b) Failure to notify law enforcement agency ...... 5,500 10,000 (c) Failure to comply with—flagging requirements ...... 13,000 20,500 Speed restrictions ...... 13,000 20,500 (d) Failure to activate horn or whistle ...... 5,500 10,000 234.106 Partial activation: (a) Failure to notify—train crews ...... 9,500 17,000 Other railroads ...... 9,500 17,000 (b) Failure to notify law enforcement agency ...... 5,500 10,000 (c) Failure to comply with—flagging requirements speed restrictions ...... 9,500 17,000 (d) Failure to activate horn or whistle ...... 5,500 10,000 234.107 False activation: (a) Failure to notify—train crews ...... 13,000 20,500 Other railroads ...... 13,000 20,500 (b) Failure to notify law enforcement agency ...... 5,500 10,000 (c) Failure to comply with—flagging requirements ...... 9,500 17,000 Speed restrictions ...... 9,500 17,000 (d) Failure to activate horn or whistle ...... 5,500 10,000 234.109 Recordkeeping ...... 2,500 5,000 Subpart D—Maintenance, Inspection, and Testing Maintenance Standards 234.201 Location of plans ...... 5,500 10,000 234.203 Control circuits ...... 9,500 17,000 234.205 Operating characteristics of warning system apparatus ...... 13,000 20,500 234.207 Adjustment, repair, or replacement of component ...... 13,000 20,500 234.209 Interference with normal functioning of system ...... 19,500 25,000 234.211 Locking of warning system apparatus ...... 5,500 10,000 234.213 Grounds ...... 9,500 17,000 234.215 Standby power system ...... 19,500 25,000 234.217 Flashing light units ...... 5,500 10,000 234.219 Gate arm lights and light cable ...... 5,500 10,000 234.221 Lamp voltage ...... 9,500 17,000 234.223 Gate arm ...... 5,500 10,000 234.225 Activation of warning system ...... 19,500 25,000 234.227 Train detection apparatus ...... 19,500 25,000 234.229 Shunting sensitivity ...... 19,500 25,000 234.231 Fouling wires ...... 13,000 20,500 234.233 Rail joints ...... 13,000 20,500 234.235 Insulated rail joints ...... 19,500 25,000 234.237 Switch equipped with circuit controller ...... 5,500 10,000 234.239 Tagging of wires and interference of wires or tags with signal apparatus ...... 5,500 10,000 234.241 Protection of insulated wire; splice in underground wire ...... 9,500 17,000 234.243 Wire on pole line and aerial cable ...... 9,500 17,000 234.245 Signs ...... 5,500 10,000 Inspections and Tests 234.247 Purpose of inspections and tests; removal from service of relay or device failing to meet test requirements ...... 13,000 20,500 234.249 Ground tests ...... 13,000 20,500 234.251 Standby power ...... 9,500 17,000 234.253 Flashing light units and lamp voltage ...... 5,500 10,000 234.255 Gate arm and gate mechanism ...... 5,500 10,000 234.257 Warning system operation ...... 13,000 20,500 234.259 Warning time ...... 9,500 17,000 234.261 Highway traffic signal pre-emption ...... 9,500 17,000 234.263 Relays ...... 9,500 17,000 234.265 Timing relays and timing devices ...... 9,500 17,000 234.267 Insulation resistance tests, wires in trunking and cables ...... 9,500 17,000 234.269 Cut-out circuits ...... 19,500 25,000 234.271 Insulated rail joints, bond wires, and track connections ...... 9,500 17,000 234.273 Results of tests ...... 2,500 5,000

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APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

Requirements for Processor-Based Systems 234.275 Processor-Based Systems ...... 13,000 20,500 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 234. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 235—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 45. Appendix A to part 235 is revised U.S.C. 2461, note; and 49 CFR 1.49. to read as follows: 44. The authority citation for part 235 continues to read as follows:

APPENDIX A TO PART 235—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

235.5 Changes requiring filing of application $5,500 $10,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 235. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 236—[AMENDED] Authority: 49 U.S.C. 20103, 20107; 28 47. Appendix A to part 236 is revised U.S.C. 2461, note and 49 CFR 1.49. to read as follows: 46. The authority citation for part 236 continues to read as follows:

APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1

Section 2 Violation Willful violation

236.0 Applicability, minimum requirements ...... $9,500 $17,000 Subpart A—Rules and Instructions—All Systems General 236.1 Plans, where kept ...... 13,000 20,500 236.2 Grounds ...... 13,000 20,500 236.3 Locking of signal apparatus housings: Power interlocking machine cabinet not secured against unauthorized entry ...... 5,500 10,000 Other violations ...... 5,500 10,000 236.4 Interference with normal functioning of device ...... 19,500 25,000 236.5 Design of control circuits on closed circuit principle ...... 19,500 25,000 236.6 Hand-operated switch equipped with switch circuit controller ...... 13,000 20,500 236.7 Circuit controller operated by switch-and-lock movement ...... 13,000 20,500 236.8 Operating characteristics of electro-magnetic, electronic, or electrical apparatus ...... 9,500 17,000 236.9 Selection of circuits through indicating or annunciating instruments ...... 5,500 10,000 236.10 Electric locks, force drop type; where required ...... 5,500 10,000 236.11 Adjustment, repair, or replacement of component ...... 13,000 20,500 236.12 Spring switch signal protection; where required ...... 9,500 17,000 236.13 Spring switch; selection of signal control circuits through circuit controller ...... 9,500 17,000 236.14 Spring switch signal protection; requirements ...... 9,500 17,000 236.15 Timetable instructions ...... 5,500 10,000 236.16 Electric lock, main track releasing circuit: Electric lock releasing circuit on main track extends into fouling circuit where turnout not equipped with derail at clearance point either pipe-connected to switch or independently locked, electrically .. 13,000 20,500 Other violations ...... 13,000 20,500 236.17 Pipe for operating connections, requirements ...... 5,500 10,000 236.18 Software management control plan: (a) Failure to develop and adopt a plan ...... 9,500 17,000 (b) Failure to fully implement plan ...... 9,500 17,000 (c) Inadequate plan ...... 9,500 17,000

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APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

Roadway Signals and Cab Signals 236.21 Location of roadway signals ...... 13,000 20,500 236.22 Semaphore signal arm; clearance to other objects ...... 5,500 10,000 236.23 Aspects and indications ...... 9,500 17,000 236.24 Spacing of roadway signals ...... 13,000 20,500 236.26 Buffing device, maintenance ...... 13,000 20,500 Track Circuits 236.51 Track circuit requirements: (a) Shunt fouling circuit used where permissible speed through turnout greater than 45 m.p.h ...... 13,000 20,500 (b) Track relay not in de-energized position or device that functions as track relay not in its most re- strictive state when train, locomotive, or car occupies any part of track circuit, except fouling sec- tion of turnout of hand-operated main-track crossover ...... 19,500 25,000 Other violations ...... 13,000 20,500 236.52 Relayed cut-section ...... 13,000 20,500 236.53 Track circuit feed at grade crossing ...... 13,000 20,500 236.54 Minimum length of track circuit ...... 13,000 20,500 236.55 Dead section; maximum length ...... 13,000 20,500 236.56 Shunting sensitivity ...... 13,000 20,500 236.57 Shunt and fouling wires: (a) Shunt or fouling wires do not consist of at least two discrete conductors ...... 13,000 20,500 Other violations ...... 9,500 17,000 236.58 Turnout, fouling section: Rail joint in shunt fouling section not bonded ...... 13,000 20,500 Other violations ...... 9,500 17,000 236.59 Insulated rail joints ...... 13,000 20,500 236.60 Switch shunting circuit; use restricted ...... 13,000 20,500 Wires and Cables 236.71 Signal wires on pole line and aerial cable ...... 13,000 20,500 236.73 Open-wire transmission line; clearance to other circuits ...... 9,500 17,000 236.74 Protection of insulated wire; splice in underground wire ...... 9,500 17,000 236.76 Tagging of wires and interference of wires or tags with signal apparatus ...... 5,500 10,000 Inspections and Tests; All Systems 236.101 Purpose of inspection and tests; removal from service or relay or device failing to meet test re- quirements ...... 9,500 17,000 236.102 Semaphore or search-light signal mechanism ...... 13,000 20,500 236.103 Switch circuit controller or point detector ...... 13,000 20,500 236.104 Shunt fouling circuit ...... 9,500 17,000 236.105 Electric lock ...... 9,500 17,000 236.106 Relays ...... 9,500 17,000 236.107 Ground tests ...... 9,500 17,000 236.108 Insulation resistance tests, wires in trunking and cables: (c) Circuit permitted to function on a conductor having insulation resistance value less than 200,000 ohms ...... 13,000 20,500 Other violations ...... 9,500 17,000 236.109 Time releases, timing relays and timing devices ...... 9,500 17,000 236.110 Results of tests ...... 2,500 5,000 Subpart B—Automatic Block Signal Systems Standards 236.201 Track circuit control of signals ...... 13,000 20,500 236.202 Signal governing movements over hand-operated switch ...... 13,000 20,500 236.203 Hand-operated crossover between main tracks; protection ...... 13,000 20,500 236.204 Track signaled for movements in both directions, requirements ...... 13,000 20,500 236.205 Signal control circuits; requirements ...... 19,500 25,000 236.206 Battery or power supply with respect to relay; location ...... 9,500 17,000 236.207 Electric lock on hand-operated switch; control: Approach or time locking of electric lock on hand-operated switch can be defeated by unauthorized use of emergency device which is not kept sealed in the non-release position ...... 13,000 20,500 Other violations ...... 9,500 17,000 Subpart C—Interlocking Standards 236.301 Where signals shall be provided ...... 9,500 17,000 236.302 Track circuits and route locking ...... 13,000 17,000 236.303 Control circuits for signals, selection through circuit controller operated by switch points or by switch locking mechanism ...... 13,000 20,500 236.304 Mechanical locking or same protection effected by circuits ...... 13,000 20,500 236.305 Approach or time locking ...... 13,000 20,500 236.306 Facing point lock or switch-and-lock movement ...... 9,500 17,000 236.307 Indication locking: ...... 13,000 20,500

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APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

236.308 Mechanical or electric locking or electric circuits; requisites ...... 13,000 20,500 236.309 Loss of shunt protection; where required: Loss of shunt of five seconds or less permits release of route locking of power-operated switch, movable point frog, or derail ...... 13,000 20,500 Other violations ...... 9,500 17,000 236.310 Signal governing approach to home signal ...... 9,500 17,000 236.311 Signal control circuits, selection through track relays or devices functioning as track relays and through signal mechanism contacts and time releases at automatic interlocking ...... 13,000 20,500 236.312 Movable bridge, interlocking of signal appliances with bridge devices: Emergency bypass switch or device not locked or sealed ...... 13,000 20,500 Other violations ...... 13,000 20,500 236.314 Electric lock for hand-operated switch or derail: Approach or time locking of electric lock at hand-operated switch or derail can be defeated by unau- thorized use of emergency device which is not kept sealed in non-release position ...... 13,000 20,500 Other violations ...... 13,000 20,500 Rules and Instructions 236.326 Mechanical locking removed or disarranged; requirement for permitting train movements through interlocking ...... 9,500 17,000 236.327 Switch, movable-point frog or split-point derail ...... 13,000 20,500 236.328 Plunger of facing-point ...... 9,500 17,000 236.329 Bolt lock ...... 13,000 20,500 236.330 Locking dog of switch and lock movement ...... 9,500 17,000 236.334 Point detector ...... 13,000 20,500 236.335 Dogs, stops and trunnions of mechanical locking ...... 5,500 10,000 236.336 Locking bed ...... 5,500 10,000 236.337 Locking faces of mechanical locking; fit ...... 5,500 10,000 236.338 Mechanical locking required in accordance with locking sheet and dog chart ...... 5,500 10,000 236.339 Mechanical locking; maintenance requirements ...... 5,500 10,000 236.340 Electromechanical interlocking machine; locking between electrical and mechanical levers ...... 5,500 10,000 236.341 Latch shoes, rocker links, and quadrants ...... 5,500 10,000 236.342 Switch circuit controller ...... 13,000 20,500 Inspection and Tests 236.376 Mechanical locking ...... 9,500 17,000 236.377 Approach locking ...... 9,500 17,000 236.378 Time locking ...... 9,500 17,000 236.379 Route locking ...... 9,500 17,000 236.380 Indication locking ...... 9,500 17,000 236.381 Traffic locking ...... 9,500 17,000 236.382 Switch obstruction test ...... 13,000 20,500 236.383 Valve locks, valves, and valve magnets ...... 9,500 17,000 236.384 Cross protection ...... 9,500 17,000 236.386 Restoring feature on power switches ...... 9,500 17,000 236.387 Movable bridge locking ...... 13,000 20,500 Subpart D—Traffic Control Systems Standards Standards 236.401 Automatic block signal system and interlocking standards applicable to traffic control systems: 236.402 Signals controlled by track circuits and control operator ...... 19,500 25,000 236.403 Signals at controlled point ...... 19,500 25,000 236.404 Signals at adjacent control points ...... 19,500 25,000 236.405 Track signaled for movements in both directions, change of direction of traffic ...... 19,500 25,000 236.407 Approach or time locking; where required ...... 19,500 25,000 236.408 Route locking ...... 19,500 25,000 236.410 Locking, hand-operated switch; requirements: (a) Hand-operated switch on main track not electrically or mechanically locked in normal position where signal not provided to govern movement to main track, movements made at speeds in ex- cess of 20 m.p.h., or train and engine movements may clear main track ...... 13,000 20,500 Hand-operated switch on signaled siding not electrically or mechanically locked in normal position where maximum authorized speed on the siding exceeds 30 m.p.h ...... 13,000 20,500 (b) Approach or time locking of electric lock at hand-operated switch can be defeated by use of emergency release device of electric lock which is not kept sealed in non-release position ...... 13,000 20,500 Other violations ...... 9,500 17,000 Rules and Instructions 236.426 Interlocking rules and instructions applicable to traffic control systems ...... 2,500 5,000 Inspection and Tests 236.476 Interlocking inspections and tests applicable to traffic control systems ...... 2,500 5,000 Subpart E—Automatic Train Stop, Train Control and Cab Signal Systems Standards Standards 236.501 Forestalling device and speed control ...... 9,500 17,000

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APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

236.502 Automatic brake application, initiation by restrictive block conditions stopping distance in ad- vance ...... 13,000 20,500 236.503 Automatic brake application; initiation when predetermined rate of speed exceeded ...... 13,000 20,500 236.504 Operations interconnected with automatic block-signal system ...... 9,500 17,000 236.505 Proper operative relation between parts along roadway and parts on locomotive ...... 5,500 10,000 236.506 Release of brakes after automatic application ...... 13,000 20,500 236.507 Brake application; full service ...... 9,500 17,000 236.508 Interference with application of brakes by means of brake valve ...... 9,500 17,000 236.509 Two or more locomotives coupled ...... 5,500 10,000 236.511 Cab signals controlled in accordance with block conditions stopping distance in advance ...... 9,500 17,000 236.512 Cab signal indication when locomotive enters blocks ...... 13,000 20,500 236.513 Audible indicator ...... 9,500 17,000 236.514 Interconnection of cab signal system with roadway signal system ...... 5,500 10,000 236.515 Visibility of cab signals ...... 9,500 17,000 236.516 Power supply ...... 5,500 10,000 Rules and Instructions; Roadway 236.526 Roadway element not functioning properly ...... 5,500 10,000 236.527 Roadway element insulation resistance ...... 5,500 10,000 236.528 Restrictive condition resulting from open hand-operated switch; requirement ...... 9,500 17,000 236.529 Roadway element inductor; height and distance from rail ...... 5,500 10,000 236.531 Trip arm; height and distance from rail ...... 5,500 10,000 236.532 Strap iron inductor; use restricted ...... 5,500 10,000 236.534 Entrance to equipped territory; requirements ...... 9,500 17,000 Rules and Instructions; Locomotives 236.551 Power supply voltage ...... 5,500 10,000 236.552 Insulation resistance ...... 5,500 10,000 236.553 Seal, where required ...... 5,500 10,000 236.554 Rate of pressure reduction; equalizing reservoir or brake pipe ...... 9,500 17,000 236.555 Repaired or rewound receiver coil ...... 2,500 5,000 236.556 Adjustment of relay ...... 5,500 10,000 236.557 Receiver; location with respect to rail ...... 5,500 10,000 236.560 Contact element, mechanical trip type; location with respect to rail ...... 5,500 10,000 236.562 Minimum rail current required ...... 5,500 10,000 236.563 Delay time ...... 9,500 17,000 236.564 Acknowledging time ...... 5,500 10,000 236.565 Provision made for preventing operation of pneumatic brake-applying apparatus by double- heading clock; requirement ...... 5,500 10,000 236.566 Locomotive of each train operating in train stop, train control or cab signal territory; equipped ... 5,500 10,000 236.567 Restrictions imposed when device fails and/or is cut out en route: Report not made to designated officer at next available point of communication after automatic train stop, train control, or cab signal device fails and/or is cut en route ...... 9,500 17,000 Trains permitted to proceed at speed exceeding 79 m.p.h. where automatic train stop, train control, or cab signal device fails and/or is cut out en route when absolute block established in advance of train on which device is inoperative ...... 9,500 17,000 Other violations ...... 5,500 10,000 236.568 Difference between speeds authorized by roadway signal and cab signal; action ...... 5,500 10,000 Inspection and Tests; Roadway 236.576 Roadway element ...... 5,500 10,000 236.577 Test, acknowledgement, and cut-in circuits ...... 5,500 10,000 Inspection and Tests; Locomotive 236.586 Daily or after trip test ...... 9,500 17,000 236.587 Departure test: (b) Test of automatic train stop, train control, or cab signal apparatus on locomotive not made on de- parture of locomotive from initial terminal if equipment on locomotive not cut out between initial ter- minal and equipped territory ...... 13,000 20,500 Test of automatic train stop, train control, or cab signal apparatus on locomotive not made imme- diately on entering equipped territory, if equipment on locomotive cut out between initial terminal and equipped territory ...... 13,000 20,500 (c) Automatic train stop, train control, or cab signal apparatus on locomotive making more than one trip within 24-hour period not given departure test within corresponding 24-hour period ...... 13,000 20,500 (d) Failure to certify, post, or retain test results as required ...... 2,500 5,000 Other violations ...... 2,500 5,000 236.588 Periodic test ...... 13,000 20,500 236.589 Relays ...... 9,500 17,000 236.590 Pneumatic apparatus: Automatic train stop, train control, or cab signal apparatus not inspected and cleaned at least once every 736 days ...... 9,500 17,000 Other violations ...... 9,500 17,000

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APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

Subpart F—Dragging Equipment and Slide Detectors and Other Similar Protective Devices; Standards Standards 236.601 Signals controlled by devices; location ...... 13,000 20,500 Subpart H—Standards for Processor-Based Signal and Train Control Systems 236.905 Railroad Safety Program Plan (RSPP). (a) Failure to develop and submit RSPP when required ...... 9,500 17,000 (d) Failure to obtain FRA approval for a modification to RSPP ...... 9,500 17,000 236.907 Product Safety Plan (PSP): (a) Failure to address required PSP elements ...... 9,500 17,000 (b) Failure to identify or implement product configuration/revision control measures ...... 9,500 17,000 (d) Failure to communicate identified safety critical hazard ...... 19,500 25,000 236.909 Minimum Performance Standard: (a) Failure to make analyses or documentation available ...... 9,500 17,000 (b) Failure to determine or demonstrate that the minimum performance standard has been met ...... 13,000 20,500 236.913 Notification to FRA of PSPs: (a) Failure to prepare a PSP or PSP amendment as required ...... 9,500 17,000 (b) Failure to submit a PSP or PSP amendment as required ...... 9,500 17,000 (c) Failure to submit an informational filing ...... 9,500 17,000 (j) Field testing without authorization or approval ...... 19,500 25,000 236.915 Implementation and operation: (a) Operation of product without authorization or approval ...... 19,500 25,000 (b) Failure to comply with PSP ...... 9,500 17,000 (c) Interference with normal functioning safety-critical product ...... 19,500 25,000 (d) Failure to determine cause and adjust, repair or replace without undue delay or take appropriate action pending repair ...... 9,500 17,000 236.917 Retention of records: (a) Failure to maintain records as required ...... 9,500 17,000 (b)(1) Failure to report inconsistency ...... 13,000 20,500 (b)(2) Failure to take prompt countermeasures ...... 5,500 10,000 (b)(3) Failure to provide final report ...... 5,500 10,000 236.919 Operations and Maintenance Manual ...... 5,500 10,000 236.921 Training and qualification program, general ...... 9,500 17,000 236.923 Task analysis and basic requirements: (a) Failure to develop an acceptable training program ...... 9,500 17,000 (a)(6) Failure to train persons as required ...... 9,500 17,000 (a)(8) Failure to conduct evaluation of training program as required ...... 5,500 10,000 (b) Failure to maintain records as required ...... 2,500 5,000 236.925 Training specific to control office personnel ...... 9,500 17,000 236.927 Training specific to locomotive engineers and other operating personnel ...... 9,500 17,000 236.929 Training specific to roadway workers ...... 9,500 17,000 Subpart I—Positive Train Control Systems 236.1005 Positive Train Control System Requirements: Failure to complete PTC system installation on track segment where PTC is required prior to 12/31/ 2015 ...... 5,500 10,000 Commencement of revenue service prior to obtaining PTC System Certification ...... 13,000 20,500 Failure of the PTC system to perform a safety-critical function required by this section ...... 19,500 25,000 Failure to provide notice, obtain approval, or follow a condition for temporary rerouting when required 13,000 20,500 Exceeding the allowed percentage of controlling locomotives operating out of an initial terminal after receiving a failed initialization ...... 2,500 5,000 236.1006 Equipping locomotives operating in PTC territory: Operating in PTC territory a controlling locomotive without a required and operative PTC onboard ap- paratus ...... 19,500 25,000 Failure to report as prescribed by this section ...... 2,500 5,000 Non-compliant operation of unequipped trains in PTC territory ...... 13,000 20,500 236.1007 Additional requirements for high-speed service: Operation of passenger trains at a speed equal to or greater than 60 m.p.h. on non-PTC-equipped territory where required ...... 9,500 17,000 Operation of freight trains at a speed equal to or greater than 50 m.p.h. on non-PTC-equipped terri- tory where required ...... 9,500 17,000 Failure to fully implement incursion protection where required ...... 9,500 17,000 236.1009 Procedural requirements: Failure to file PTCIP when required ...... 2,500 5,000 Failure to amend PTCIP when required ...... 2,500 5,000 Failure to obtain Type Approval when required ...... 2,500 5,000 Failure to update NPI ...... 2,500 5,000 Operation of PTC system prior to system certification ...... 13,000 20,500 236.1011 PTCIP content requirements: Failure to install a PTC system in accordance with subpart I when so required ...... 2,500 5,000 236.1013 PTCDP content requirements and Type Approval:

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APPENDIX A TO PART 236—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

Failure to maintain quality control system ...... 2,500 5,000 Inappropriate use of Type Approval ...... 2,500 5,000 236.1015 PTCSP content requirements and PTC System Certification: Failure to implement PTC system in accordance with the associated PTCSP and resultant system certification ...... 9,500 17,000 Failure to maintain PTC system in accordance with the associated PTCSP and resultant system cer- tification ...... 9,500 17,000 Failure to maintain required supporting documentation ...... 2,500 5,000 236.1017 Independent third party Verification and Validation: Failure to conduct independent third party Verification and Validation when ordered ...... 13,000 20,500 236.1019 Main line track exceptions: Revenue operations conducted in non-compliance with the passenger terminal exception ...... 5,500 10,000 Revenue operations conducted in non-compliance with the limited operations exception ...... 5,500 10,000 Failure to request modification of the PTCIP or PTCSP when required ...... 5,500 10,000 Revenue operations conducted in violation of (c)(2) ...... 9,500 17,000 Revenue operations conducted in violation of (c)(3) ...... 9,500 17,000 236.1021 Discontinuances, material modifications, and amendments: Failure to update PTCDP when required ...... 2,500 5,000 Failure to update PTCSP when required ...... 2,500 5,000 Failure to immediately adopt and comply with approved RFA ...... 2,500 5,000 Discontinuance or modification of a PTC system without approval when required ...... 2,500 5,000 236.1023 Errors and malfunctions: Railroad failure to provide proper notification of PTC system error or malfunction ...... 2,500 5,000 Failure to maintain PTCPVL ...... 2,500 5,000 Supplier failure to provide proper notification of previously identified PTC system error or malfunction 2,500 5,000 Failure to provide timely notification ...... 2,500 5,000 Failure to provide appropriate protective measures in the event of PTC system failure ...... 5,500 10,000 236.1027 Exclusions: Integration of primary train control system with locomotive electronic system without approval ...... 9,500 17,000 236.1029 PTC system use and en route failures: Failure to determine cause of PTC system component failure without undue delay ...... 5,500 10,000 Failure to adjust, repair, or replace faulty PTC system component without undue delay ...... 5,500 10,000 Failure to take appropriate action pending adjustment, repair, or replacement of faulty PTC system component ...... 5,500 10,000 Non-compliant train operation within PTC-equipped territory with inoperative PTC onboard apparatus 9,500 17,000 Interference with the normal functioning of safety-critical PTC system ...... 9,500 17,000 Improper arrangement of the PTC system onboard apparatus ...... 5,500 10,000 236.1033 Communications and security requirements: Failure to provide cryptographic message integrity and authentication ...... 2,500 5,000 Improper use of revoked cryptographic key ...... 2,500 5,000 Failure to protect cryptographic keys from unauthorized disclosure, modification, or substitution ...... 2,500 5,000 Failure to establish prioritized service restoration and mitigation plan for communication services ...... 2,500 5,000 236.1035 Field testing requirements: Field testing without authorization or approval ...... 5,500 10,000 236.1037 Records retention: Failure to maintain records and databases as required ...... 2,500 5,000 Failure to report inconsistency ...... 5,500 10,000 Failure to take prompt countermeasures ...... 5,500 10,000 Failure to provide final report ...... 2,500 5,000 236.1039 Operations and Maintenance Manual: Failure to implement and maintain Operations and Maintenance Manual as required ...... 2,500 5,000 236.1043 Task analysis and basic requirements: Failure to develop and maintain an acceptable training program ...... 5,500 10,000 Failure to train persons as required ...... 2,500 5,000 Failure to conduct evaluation of training program as required ...... 2,500 5,000 Failure to maintain records as required ...... 2,500 5,000 236.1045 Training specific to office control personnel: Failure to conduct training unique to office control personnel ...... 2,500 5,000 236.1047 Training specific to locomotive engineers and other operations personnel: Failure to conduct training unique to locomotive engineers and other operating personnel ...... 2,500 5,000 236.1049 Training specific to roadway workers: Failure to conduct training unique to roadway workers ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 236. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

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PART 238—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20133, 49. Appendix A to part 238 is revised 20141, 20302–20303, 20306, 20701–20702, to read as follows: 48. The authority citation for part 238 21301–21302, 21304; 28 U.S.C. 2461, note; 49 continues to read as follows: CFR 1.49.

APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1

Section 2 Violation Willful violation

Subpart A—General 238.15 Movement of power brake defects: (b) Improper movement from Class I or IA brake test ...... $13,000 $20,500 (c) Improper movement of en route defect ...... 9,500 17,000 (2), (3) Insufficient tag or record ...... 2,500 5,000 (4) Failure to determine percent operative brakes ...... 9,500 17,000 (d) Failure to follow operating restrictions ...... 13,000 20,500 (e) Failure to follow restrictions for inoperative front or rear unit ...... 9,500 17,000 238.17 Movement of other than power brake defects: 1 (c)(4), (5) Insufficient tag or record ...... 2,500 5,000 (d) Failure to inspect or improper use of roller bearings ...... 9,500 17,000 (e) Improper movement of defective safety appliances ...... 9,500 17,000 238.19 Reporting and tracking defective equipment: (a) Failure to have reporting or tracking system ...... 19,500 25,000 (b) Failure to retain records ...... 5,500 10,000 (c) Failure to make records available ...... 2,500 5,000 (d) Failure to list power brake repair points ...... 5,500 10,000 Subpart B—Safety Planning and General Requirements 238.103 Fire protection plan/fire safety: (a) Failure to use proper materials ...... 13,000 20,500 (b) Improper certification ...... 5,500 10,000 (c) Failure to consider fire safety on new equipment ...... 13,000 20,500 (d) Failure to perform fire safety analysis ...... 13,000 20,500 (e) Failure to develop, adopt or comply with procedures ...... 13,000 20,500 238.105 Train electronic hardware and software safety: (a), (b), (c) Failure to develop and maintain hardware and software safety ...... 13,000 20,500 (d) Failure to include required design features ...... 13,000 20,500 (e) Failure to comply with hardware and software safety program ...... 9,500 17,000 238.107 Inspection, testing, and maintenance plan: (b) Failure to develop plan ...... 13,000 20,500 (b)(1)–(5) Failure of plan to address specific item ...... 9,500 17,000 (d) Failure to conduct annual review ...... 9,500 17,000 238.109 Training, qualification, and designation program: (a) Failure to develop or adopt program ...... 13,000 20,500 (b)(1)–(4) Failure of plan to address specific item ...... 9,500 17,000 (b)(5)–(12) Failure to comply with specific required provisions of the program ...... 9,500 17,000 (b)(13) Failure to maintain adequate records ...... 5,500 10,000 238.111 Pre-revenue service acceptance testing plan: (a) Failure to properly test previously used equipment ...... 13,000 20,500 (b)(1) Failure to develop plan ...... 13,000 20,500 (b)(2) Failure to submit plan to FRA ...... 9,500 17,000 (b)(3) Failure to comply with plan ...... 9,500 17,000 (b)(4) Failure to document results of testing ...... 5,500 10,000 (b)(5) Failure to correct safety deficiencies or impose operating limits ...... 9,500 17,000 (b)(6) Failure to maintain records ...... 5,500 10,000 (b)(7) Failure to obtain FRA approval ...... 9,500 17,000 238.113 Emergency window exits ...... 9,500 17,000 238.114 Rescue access windows ...... 9,500 17,000 238.115 Emergency lighting ...... 9,500 17,000 238.117 Protection against personal injury ...... 9,500 17,000 238.119 Rim-stamped straight-plate wheels ...... 9,500 17,000 238.121 Emergency communication ...... 9,500 17,000 238.123 Emergency roof access ...... 9,500 17,000 Subpart C—Specific Requirements for Tier I Passenger Equipment 238.203 Static end strength ...... 9,500 17,000 238.205 Anti-climbing mechanism ...... 9,500 17,000 238.207 Link between coupling mechanism and car body ...... 9,500 17,000 238.209 Forward end structure of locomotives ...... 9,500 17,000 238.211 Collision posts ...... 9,500 17,000 238.213 Corner posts ...... 9,500 17,000 238.215 Rollover strength ...... 9,500 17,000 238.217 Side structure ...... 9,500 17,000 238.219 Truck-to-car-body attachment ...... 9,500 17,000 238.221 Glazing ...... 9,500 17,000 238.223 Fuel tanks ...... 9,500 17,000 238.225 Electrical system ...... 9,500 17,000

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APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

238.227 Suspension system ...... 9,500 17,000 238.229 Safety appliances—general: (e) Failure to properly identify equipment (per car) ...... 9,500 17,000 (g) Failure to adopt or comply with inspection plan ...... 9,500 17,000 (h) Failure to use qualified person (per car) ...... 9,500 17,000 (i) Failure to properly conduct initial or periodic inspection (per car) ...... 9,500 17,000 (j) Failure to take proper remedial action (per car) ...... 9,500 17,000 (k) Failure to maintain records (per car) ...... 5,500 10,000 238.230 Safety appliances—new equipment: (b)(2) Failure to identify welded appliance (per car) ...... 9,500 17,000 (b)(3) Failure to receive approval for use (per car) ...... 9,500 17,000 (c)(2) Failure to make proper repair (per car) ...... 9,500 17,000 238.231 Brake System (a)–(g), (i)–(n) 9,500 17,000 (h)(1), (2) Hand or parking brake missing or inoperative ...... 13,000 20,500 (h)(3) Hand or parking brake inspection or record (per car) ...... 5,500 10,000 (h)(4) Hand or parking brake not applied to hold equipment unattended on grade or prematurely re- leased ...... 13,000 20,500 238.233 Interior fittings and surfaces ...... 9,500 17,000 238.235 Doors ...... 9,500 17,000 238.237 Automated monitoring ...... 9,500 17,000 Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment 238.303 Exterior mechanical inspection of passenger equipment: (a)(1) Failure to perform mechanical inspection ...... 1 9,500 17,000 (a)(2) Failure to inspect secondary brake system ...... 9,500 17,000 (b) Failure to perform inspection on car added to train ...... 1 9,500 17,000 (c) Failure to utilize properly qualified personnel ...... 9,500 17,000 (e)(1) Products of combustion not released outside cab ...... 9,500 17,000 (e)(2) Battery not vented or gassing excessively ...... 9,500 17,000 (e)(3) Coupler not in proper condition ...... 9,500 17,000 (e)(4) No device under drawbar pins or connection pins ...... 9,500 17,000 (e)(5) Suspension system and spring rigging not in proper condition ...... 9,500 17,000 (e)(6) Truck not in proper condition ...... 9,500 17,000 (e)(7) Side bearing not in proper condition ...... 9,500 17,000 (e)(8) Wheel not in proper condition: (i), (iv) Flat spot(s) and shelled spot(s): (A) One spot 21⁄2″ or more but less than 3″ in length ...... 9,500 17,000 (B) One spot 3″ or more in length ...... 13,000 20,500 (C) Two adjoining spots each of which is 2″ or more in length but less than 21⁄2″ in length ... 9,500 17,000 (D) Two adjoining spots each of which are at least 2″ in length, if either spot is 21⁄2″ or more in length ...... 13,000 20,500 (ii) Gouge or chip in flange: (A) More than 11⁄2″ but less than 15⁄8″ in length; and more than 1⁄2″ but less than 5⁄8″ in width ...... 9,500 17,000 (B) 15⁄8″ or more in length and 5⁄8″ or more in width ...... 13,000 20,500 (iii) Broken rim ...... 13,000 20,500 (v) Seam in tread ...... 9,500 17,000 (vi) Flange thickness of: (A) 7⁄8″ or less but more than ...... 9,500 17,000 (B) 13⁄16″ or less ...... 13,000 20,500 (vii) Tread worn hollow ...... 9,500 17,000 (viii) Flange height of: (A) 11⁄2″ or greater but less than 15⁄8″ ...... 9,500 17,000 (B) 15⁄8″ or more ...... 13,000 20,500 (ix) Rim thickness: (A) Less than 1″ ...... 9,500 17,000 (B) 15⁄16″ or less ...... 13,000 20,500 (x) Crack or break in flange, tread, rim, plate, or hub: (A) Crack of less than 1″ ...... 9,500 17,000 (B) Crack of 1″ or more ...... 13,000 20,500 (C) Break ...... 13,000 20,500 (xi) Loose wheel ...... 13,000 20,500 (xii) Welded wheel ...... 13,000 20,500 (e)(10) Improper grounding or insulation ...... 13,000 20,500 (e)(11) Jumpers or cable connections not in proper condition ...... 9,500 17,000 (e)(12) Door or cover plate not properly marked ...... 9,500 17,000 (e)(13) Buffer plate not properly placed ...... 9,500 17,000 (e)(14) Diaphragm not properly placed or aligned ...... 9,500 17,000 (e)(15) Secondary braking system not in operating mode or contains known defect ...... 9,500 17,000 (e)(16) Roller bearings: (i) Overheated ...... 13,000 20,500 (ii) Cap screw loose or missing ...... 9,500 17,000

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APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

(iii) Cap screw lock broken or missing ...... 5,500 10,000 (iv) Seal loose, damaged, or leaks lubricant ...... 9,500 17,000 (e)(17) Air compressor inoperative ...... 9,500 17,000 (g) Record of inspection: (1), (4) Failure to maintain record of inspection ...... 5,500 10,000 (2) Record contains insufficient information ...... 2,500 5,000 238.305 Interior mechanical inspection of passenger cars: (a) Failure to perform inspection ...... 1 5,500 10,000 (b) Failure to utilize properly qualified personnel ...... 5,500 10,000 (c)(1) Failure to protect against personal injury ...... 9,500 17,000 (c)(2) Floors not free of condition that creates hazard ...... 9,500 17,000 (c)(3) Access to manual door release not in place ...... 5,500 10,000 (c)(4) Emergency equipment not in place ...... 5,500 10,000 (c)(5) Emergency brake valve not stenciled or marked ...... 5,500 10,000 (c)(6) Door or cover plates not properly marked ...... 5,500 10,000 (c)(7) Safety signage not in place or legible ...... 5,500 10,000 (c)(8) Trap door unsafe or improperly secured ...... 9,500 17,000 (c)(9) Vestibule steps not illuminated ...... 5,500 10,000 (c)(10) Door does not safely operate as intended ...... 9,500 17,000 (c)(11) Seat broken, loose, or not properly attached ...... 9,500 17,000 (e) Record of inspection: (1), (4) Failure to maintain record of inspection ...... 5,500 10,000 (2) Record contains insufficient information ...... 2,500 5,000 (f) Record of inspection: (1), (4) Failure to maintain record of inspection ...... 5,500 10,000 (2) Record contains insufficient information ...... 2,500 5,000 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles: (a) Failure to perform periodic mechanical inspection ...... 1 9,500 17,000 (b) Failure to utilize properly qualified personnel ...... 9,500 17,000 (c)(1) Seat or seat attachment broken or loose ...... 9,500 17,000 (c)(2) Luggage rack broken or loose ...... 9,500 17,000 (c)(3) Bed, bunks, or restraints broken or loose ...... 9,500 17,000 (c)(4) Emergency window exit does not properly operate ...... 9,500 17,000 (c)(5) Emergency lighting not operational ...... 9,500 17,000 (c)(6) Switches not in proper condition ...... 9,500 17,000 (c)(7) Coupler not in proper condition ...... 9,500 17,000 (c)(8) Truck not equipped with securing arrangement ...... 9,500 17,000 (c)(9) Truck center casting cracked or broken ...... 13,000 20,500 (c)(10) General conditions endangering crew, passengers ...... 9,500 17,000 (c)(13) Hand or parking brake test not performed ...... 9,500 17,000 (d)(1) Manual door release does not operate as intended ...... 9,500 17,000 (d)(2) Hand or parking brake inspection not performed ...... 9,500 17,000 (e)(1) Failure to maintain record of inspection ...... 5,500 10,000 (i)–(iv) Record contains insufficient information ...... 2,500 5,000 (f)(1) Record of inspection: (i) Failure to maintain record of inspection ...... 5,500 10,000 (ii) Record contains insufficient information ...... 2,500 5,000 238.309 Periodic brake equipment maintenance: (b) Failure to perform on MU locomotive ...... 9,500 17,000 (c) Failure to perform on conventional locomotive ...... 9,500 17,000 (d) Failure to perform on passenger coaches or other unpowered vehicle ...... 9,500 17,000 (e) Failure to perform on cab car ...... 9,500 17,000 (f) Record of periodic maintenance: (1), (2) Failure to maintain record or stencil ...... 5,500 10,000 238.311 Single car tests: (a) Failure to test in accord with required procedure ...... 9,500 17,000 (b) Failure to utilize properly qualified personnel ...... 9,500 17,000 (c), (e) Failure to perform single car test ...... 9,500 17,000 (f) Improper movement of car for testing ...... 5,500 10,000 (g) Failure to test after repair or replacement of component ...... 5,500 10,000 238.313 Class I brake test: (a) Failure to perform on commuter or short-distance intercity passenger train ...... 1 19,500 25,000 (b) Failure to perform on long-distance intercity passenger train ...... 1 19,500 25,000 (c) Failure to perform on cars added to passenger train ...... 1 13,000 20,500 (d) Failure to utilized properly qualified personnel ...... 13,000 20,500 (f) Passenger train used from Class I brake test with less than 100% operative brakes ...... 13,000 20,500 (g) Partial failure to perform inspection on a passenger train ...... 13,000 20,500 (3) Failure to adjust piston travel (per car) ...... 9,500 17,000 (h) Failure to maintain record ...... 5,500 10,000 (j) Failure to perform additional Class I brake test ...... 13,000 20,500 (j)(3) Failure to maintain record ...... 5,500 10,000 238.315 Class IA brake test:

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APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

(a) Failure to perform inspection ...... 1 13,000 20,500 (d) Failure to utilize properly qualified personnel ...... 9,500 17,000 (e) Passenger train used from Class IA brake test with improper percentage of operative brakes ...... 13,000 20,500 (f) Partial failure to perform inspection on passenger train ...... 9,500 17,000 238.317 Class II brake test: (a) Failure to perform inspection ...... 1 9,500 17,000 (b) Failure to utilize properly qualified personnel ...... 9,500 17,000 (c) Improper use of defective equipment from Class II brake test ...... 9,500 17,000 238.319 Running brake test: (a), (b) Failure to perform test ...... 5,500 10,000 238.321 Out-of-service credit 5,500 10,000 Subpart E—Specific Requirements for Tier II Passenger Equipment 238.403 Crash energy management ...... 9,500 17,000 238.405 Longitudinal static compressive strength ...... 9,500 17,000 238.407 Anti-climbing mechanism ...... 9,500 17,000 238.409 Forward end structures of power car cabs: (a) Center collision post ...... 9,500 17,000 (b) Side collision posts ...... 9,500 17,000 (c) Corner posts ...... 9,500 17,000 (d) Skin ...... 9,500 17,000 238.411 Rear end structures of power car cabs: (a) Corner posts ...... 9,500 17,000 (b) Collision posts ...... 9,500 17,000 238.413 End structures of trailer cars ...... 9,500 17,000 238.415 Rollover strength ...... 9,500 17,000 238.417 Side loads ...... 9,500 17,000 238.419 Truck-to-car-body and truck component attachment ...... 9,500 17,000 238.421 Glazing: (b) End-facing exterior glazing ...... 9,500 17,000 (c) Alternate glazing requirements ...... 9,500 17,000 (d) Glazing securement ...... 9,500 17,000 (e) Stenciling ...... 5,500 10,000 238.423 Fuel tanks: (a) External fuel tanks ...... 9,500 17,000 (b) Internal fuel tanks ...... 9,500 17,000 238.425 Electrical system: (a) Circuit protection ...... 9,500 17,000 (b) Main battery system ...... 9,500 17,000 (c) Power dissipation resistors ...... 9,500 17,000 (d) Electromagnetic interference and compatibility ...... 9,500 17,000 238.427 Suspension system 9,500 17,000 238.429 Safety Appliances: (a) Couplers ...... 13,000 20,500 (b) Hand/parking brakes ...... 13,000 20,500 (d) Handrail or handhold missing ...... 9,500 17,000 (d)(1)–(8) Handrail or handhold improper design ...... 9,500 17,000 (e) Sill step missing ...... 13,000 20,500 (e)(1)–(11) Sill step improper design ...... 9,500 17,000 (g) Optional safety appliances ...... 9,500 17,000 238.431 Brake system ...... 9,500 17,000 238.433 Draft System ...... 9,500 17,000 238.435 Interior fittings and surfaces ...... 9,500 17,000 238.437 [Reserved]. 238.439 Doors: (a) Exterior side doors ...... 9,500 17,000 (b) Manual override feature ...... 9,500 17,000 (c) Notification to crew of door status ...... 9,500 17,000 (d) Emergency back-up power ...... 9,500 17,000 (f) End door kick-out panel or pop-out window ...... 9,500 17,000 238.441 Emergency roof access ...... 9,500 17,000 238.443 Headlights ...... 9,500 17,000 238.445 Automated monitoring ...... 9,500 17,000 238.447 Train operator’s controls and power car cab layout ...... 9,500 17,000 Subpart F—Inspection, Testing, and Maintenance Requirements for Tier II Passenger Equipment 238.503 Inspection, testing, and maintenance requirements: (a) Failure to develop inspection, testing, and maintenance program or obtain FRA approval ...... 19,500 25,000 (b) Failure to comply with provisions of the program ...... 13,000 20,500 (c) Failure to ensure equipment free of conditions which endanger safety of crew, passengers, or equipment ...... 9,500 17,000 (d) Specific safety inspections: (1)(i) Failure to perform Class I brake test or equivalent ...... 19,500 25,000

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APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1—Continued

Section 2 Violation Willful violation

(1)(ii) Partial failure to perform Class I brake test or equivalent ...... 13,000 20,500 (2)(i) Failure to perform exterior mechanical inspection ...... 1 9,500 17,000 (2)(ii) Failure to perform interior mechanical inspection ...... 1 5,500 10,000 (g) Failure to perform scheduled maintenance as required in program ...... 9,500 17,000 (h) Failure to comply with training, qualification and designation program ...... 13,000 20,500 (i) Failure to develop or comply with standard procedures for performing inspection, tests, and main- tenance ...... 9,500 17,000 (j) Failure to conduct annual review ...... 13,000 20,500 (k) Failure to establish or utilize quality control program ...... 13,000 20,500 Subpart G—Specific Safety Planning Requirements for Tier II Passenger Equipment 238.603 Safety plan: (a) Failure to develop safety operating plan ...... 13,000 20,500 (b) Failure to develop procurement plan ...... 13,000 20,500 (1)–(7) Failure to develop portion of plan ...... 9,500 17,000 (c) Failure to maintain documentation ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. Generally when two or more violations of these regulations are discovered with respect to a single unit of passenger equipment that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $25,000 per day. However, failure to perform, with respect to a particular unit of passenger equipment, any of the inspections and tests required under subparts D and F of this part will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on that unit of passenger equipment. Moreover, the Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement of defective equipment set forth in § 238.17 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) concerning the substantive de- fect(s) present on the unit of passenger equipment at the time of movement. Failure to observe any condition for the movement of passenger equipment containing defective safety appliances, other than power brakes, set forth in § 238.17(e) will deprive the railroad of the movement-for- repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) contained in part 231 of this chapter or § 238.429 concerning the substantive defective condition. The penalties listed for failure to perform the exterior and in- terior mechanical inspections and tests required under § 238.303 and § 238.305 may be assessed for each unit of passenger equipment con- tained in a train that is not properly inspected. Whereas, the penalties listed for failure to perform the brake inspections and tests under § 238.313 through § 238.319 may be assessed for each train that is not properly inspected. 2 The penalty schedule uses section numbers from 49 CFR part 238. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 239—[AMENDED] Authority: 49 U.S.C. 20102–20103, 20105– 51 Appendix A to Part 239 is advised 20114, 20133, 21301, 21304, and 21311; 28 to read as follows: 50. The authority citation for part 239 U.S.C. 2461, note; and 49 CFR 1.49(c), (g), continues to read as follows: (m).

APPENDIX A TO PART 239—SCHEDULE OF CIVIL PENALITIES 1

Section 2 Violation Willful violation

Subpart B—Specific Requirements 239.101: (a) Failure of a railroad to adopt3 a written emergency preparedness plan ...... $19,500 $25,000 (a)(1) Failure of the plan to provide for: (i) Initial or on-board notifications by an on-board crewmember ...... 9,500 17,000 (ii) Notification of outside emergency responders by control center ...... 9,500 17,000 (a)(2) Failure of the plan to provide for: (i) Initial or periodic training of on-board personnel ...... 9,500 17,000 (ii) Initial or periodic training of control center personnel ...... 9,500 17,000 (iii) Completion of initial training of all on-board and control center personnel by the specified date ...... 9,500 17,000 (iv) Completion of initial training of all newly hired on-board and control center personnel by the specified date ...... 9,500 17,000 (v) Adequate procedures to evaluate and test on-board and control center personnel for quali- fication under the emergency preparedness plan ...... 9,500 17,000 (vi) Adequate on-board staffing ...... 9,500 17,000 (a)(3) Failure of a host railroad involved in joint operations to coordinate applicable portions of the emergency preparedness plan with the railroad or railroads providing or operating a passenger train service operation ...... 9,500 17,000 (a)(4) Failure of the plan to address: (i) Readiness procedures for emergencies in tunnels ...... 9,500 17,000 (ii) Readiness procedures for emergencies on an elevated structure or in electrified territory ...... 9,500 17,000 (iii) Coordination efforts involving adjacent rail modes of transportation ...... 9,500 17,000 (a)(5) Failure of the plan to address relationships with on-line emergency responders by providing for: (i) The development and availability of training programs ...... 9,500 17,000

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APPENDIX A TO PART 239—SCHEDULE OF CIVIL PENALITIES 1—Continued

Section 2 Violation Willful violation

(ii) Invitations to emergency responders to participate in emergency simulations ...... 9,500 17,000 (iii) Distribution of applicable portions of the current emergency preparedness plan ...... 9,500 17,000 (a)(6) Failure of the plan to provide for, or the railroad to include on board each train and maintain and replace: (i) Emergency equipment ...... 9,500 17,000 (ii) First-aid kits ...... 9,500 17,000 (iii) Emergency lighting ...... 9,500 17,000 (a)(7) Failure of the plan to provide for emergency instructions inside each passenger car or to in- clude additional safety awareness information ...... 9,500 17,000 239.103 Failure to conduct a required full-scale simulation in accordance with the frequency schedule ... 9,500 17,000 239.105 Debriefing and critique: (a) Failure to conduct a debriefing and critique session after an emergency or full-scale simulation .... 9,500 17,000 (d)(1) Failure to maintain a record ...... 5,500 10,000 (i) Failure to include date or location of the emergency or simulation ...... 2,500 5,000 (ii) Failure to include date or location of the debriefing and critique session ...... 2,500 5,000 (iii) Failure to include names of participants in the debriefing and critique session ...... 2,500 5,000 (d)(2) Failure to make record available ...... 2,500 5,000 239.107 Emergency exits: (a)(1), (a)(2): (i) Door not marked or instructions not posted ...... 9,500 17,000 (ii) Door improperly marked or instructions improperly posted ...... 9,500 17,000 (b)(1) Failure to provide for scheduled inspection, maintenance, and repair of emergency windows and doors ...... 9,500 17,000 (b)(2): (i) Failure to test a representative sample of emergency windows ...... 9,500 17,000 (ii) Emergency windows tested too infrequently ...... 5,500 10,000 (b)(3) Failure to repair an inoperative emergency window or door exit ...... 9,500 17,000 (c): (i) Failure to maintain a record ...... 5,500 10,000 (ii) Failure to make record available ...... 2,500 5,000 (d)(1) Insufficient limits or controls on accessibility to records ...... 5,500 10,000 (d)(2) Missing terminal ...... 2,500 5,000 (d)(3) Inability of railroad to produce information in a usable format for immediate review ...... 2,500 5,000 (d)(4) Failure by railroad to designate an authorized representative ...... 2,500 5,000 (d)(5) Failure to make record available ...... 2,500 5,000 Subpart C—Review, Approval, and Retention of Emergency Preparedness Plans 239.201 Filing and approval: (a): (i) Failure of a railroad to file a written emergency preparedness plan ...... 13,000 20,500 (ii) Failure to designate a primary person to contact for plan review ...... 2,500 5,000 (iii) Failure of a railroad to file an amendment to its plan ...... 2,500 5,000 (b)(1), (b)(2): (i) Failure of a railroad to correct a plan deficiency ...... 9,500 17,000 (ii) Failure to provide FRA with a corrected copy of the plan ...... 2,500 5,000 (b)(3): (i) Failure of a railroad to correct an amendment deficiency ...... 9,500 17,000 (ii) Failure to file a corrected plan amendment with FRA ...... 2,500 5,000 239.203 Retention of emergency preparedness plan: (1) Failure to retain a copy of the plan or an amendment to the plan ...... 9,500 17,000 (2) Failure to make record available ...... 2,500 5,000 Subpart D—Operational (Efficiency) Tests; Inspection of Records and Recordkeeping 239.301 Operational (efficiency) tests: (a) Failure to periodically conduct operational (efficiency) tests of its on-board and control center em- ployees ...... 9,500 17,000 (b)(1) Failure to maintain a record ...... 5,500 10,000 (b)(2) Record improperly completed ...... 2,500 5,000 (c)(1) Failure to retain a copy of the record ...... 2,500 5,000 (c)(2) Failure to make record available ...... 2,500 5,000 239.303 Electronic recordkeeping: (a) Insufficient limits or controls on accessibility to records ...... 5,500 10,000 (b) Missing terminal ...... 2,500 5,000 (c) Inability of railroad to produce information in a usable format for immediate review ...... 2,500 5,000 (d) Failure by railroad to designate an authorized representative ...... 2,500 5,000 (e) Failure to make record available ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 U.S.C. 21301, 21304, and 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 239. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

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3 This section also requires each railroad (subject to part 239) to comply with the adopted emergency preparedness plan. As the severity of a violation for a railroad’s failure to comply with an emergency preparedness plan varies depending upon the provision with which the railroad failed to comply, please see the guideline penalty for the particular section of the regulation requiring that provision.

PART 240—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 20135, 53. Appendix A to part 240 is revised 21301, 21304, 21311; 28 U.S.C. 2461, note; to read as follows: 52. The authority citation for part 240 and 49 CFR 1.49. continues to read as follows:

APPENDIX A TO PART 240—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

Subpart B—Component Elements of the Certification Process 240.101 Program failures: (a) Failure to have program ...... $19,500 $25,000 (b) Program that fails to address a subject ...... 9,500 17,000 240.103 Failure to: (a) Follow Appendix B ...... 2,500 5,000 (d) Resubmit, when directed by FRA ...... 2,500 5,000 240.104 Allowing uncertified person to operate nontraditional locomotives ...... 13,000 20,500 240.105 Failure to have or execute adequate procedure for selection of supervisors ...... 9,500 17,000 240.107 Classes of service: (a) Failure to designate classes of service ...... 9,500 17,000 240.109 Limitations on considering prior conduct records: (a) Failure to have procedure for determining eligibility ...... 9,500 17,000 (e) Considering excluded data ...... 9,500 17,000 (f), (g) Failure to provide timely review opportunity ...... 9,500 17,000 240.111 Furnishing motor vehicle records: (a) Failure to action required to make information available ...... 2,500 5,000 (b) Failure to request:. (1) Local record ...... 2,500 5,000 (2) NDR record ...... 2,500 5,000 (f) Failure to request additional record ...... 2,500 5,000 (g) Failure to notify of absence of license ...... 2,500 5,000 (h) Failure to submit request in timely manner ...... 2,500 5,000 (i) Failure to report within 48 hours or railroad taking certification action for not reporting earlier than 48 hours ...... 2,500 5,000 240.113 Furnishing prior employment information: (a) Failure to take action required to make information available ...... 2,500 5,000 (b) Failure to request record ...... 2,500 5,000 240.115 Criteria for considering prior motor vehicle conduct: (b) Considering excluded data ...... 9,500 17,000 (c) Failure to: (1) Consider data ...... 19,500 25,000 (3)–(4) Properly act in response to data ...... 5,500 10,000 240.117 Consideration of operational rules compliance records: (a) Failure to have program and procedures ...... 19,500 25,000 (b)–(j) Failure to have adequate program or procedure ...... 9,500 17,000 240.119 Consideration of substance abuse/rules compliance records: (a) Failure to have program and procedures ...... 19,500 25,000 (b)–(e) Failure to have adequate program or procedure ...... 9,500 17,000 240.121 Failure to have adequate procedure for determining acuity ...... 9,500 17,000 (f) Failure of engineer to notify ...... 9,500 17,000 240.123 Failure to have: (b) Adequate procedures for continuing education ...... 9,500 17,000 (c) Adequate procedures for training new engineers ...... 9,500 17,000 240.125 Failure to have: (a) Adequate procedures for testing knowledge ...... 9,500 17,000 (d) Adequate procedures for documenting testing ...... 9,500 17,000 240.127 Failure to have: (a) Adequate procedures for evaluating skill performance ...... 9,500 17,000 (c) Adequate procedures for documenting skills testing ...... 9,500 17,000 240.129 Failure to have: (a)–(b) Adequate procedures for monitoring performance ...... 9,500 17,000 Subpart C—Implementation of the Certification Process 240.201 Schedule for implementation: (a) Failure to select supervisors by specified date ...... 2,500 5,000 (c) Failure to issue certificate to engineer ...... 2,500 5,000 (d) Allowing uncertified person to operate ...... 19,500 25,000 (e)–(g) Certifying without complying with subpart C ...... 9,500 17,000 (h)–(i) Failure to issue certificate to engineer ...... 2,500 5,000 240.203

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APPENDIX A TO PART 240—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(a) Designating a person as a supervisor without determining that (1) Person knows and understands this part ...... 9,500 17,000 (2) Person can test and evaluate engineers ...... 19,500 25,000 (3) Person has experience to prescribe remedies ...... 9,500 17,000 (b) Certifying a person without determining that: (1) Person meets the eligibility criteria ...... 19,500 25,000 (2) Person meets the medical criteria ...... 9,500 17,000 (3) Person has demonstrated knowledge ...... 9,500 17,000 (4) Person has demonstrated skills ...... 9,500 17,000 (c) Certifying a person without determining that: (1) Person has completed training program ...... 9,500 17,000 (2) Person meets the eligibility criteria ...... 9,500 17,000 (3) Time has elapsed ...... 9,500 17,000 240.205 Procedures for determining eligibility based on prior safety conduct: (a) Selecting person lacking eligibility ...... 19,500 25,000 (d) Failure to have basis for taking action ...... 9,500 17,000 240.207 Ineligibility based on medical condition: (a) Selecting person lacking proper acuity ...... 13,000 20,500 (b) Failure to have basis for finding of proper acuity ...... 2,500 5,000 (c) Acuity examinations performed by unauthorized person ...... 2,500 5,000 (d) Failure to note need for device to achieve acuity ...... 2,500 5,000 (e) Failure to use device needed for proper acuity ...... 2,500 5,000 240.209 Demonstrating knowledge: (b) Failure to properly determine knowledge ...... 13,000 20,500 (c) Improper test procedure ...... 9,500 17,000 (d) Failure to document test results ...... 2,500 5,000 (e) Allowing person to operate despite test failure ...... 9,500 17,000 240.211 Demonstrating skills: (b) Failure to properly determine knowledge ...... 9,500 17,000 (c) Improper test procedure ...... 5,500 10,000 (d) Failure to document test results ...... 2,500 5,000 (e) Allowing person to operate despite test failure ...... 9,500 17,000 240.213 Completion of approved training program: (a) Failure to properly determine ...... 9,500 17,000 (b) Failure to document successful program completion ...... 5,500 10,000 240.215 Supporting information: (a), (f)–(h) Failure to have a record ...... 2,500 5,000 (b) Failure to have complete record ...... 2,500 5,000 (i) Falsification of record ...... 25,000 240.217 Time limits for making determinations: (a), (c) Exceeding time limit ...... 5,500 10,000 240.219 Denial of certification: (a) Failure to notify or provide opportunity for comment ...... 5,500 10,000 (c) Failure to notify, provide data, or untimely notification ...... 5,500 10,000 240.221 Identification of persons: (a)–(c) Failure to have a record ...... 5,500 10,000 (d) Failure to update a record ...... 5,500 10,000 (e)–(f) Failure to make a record available ...... 2,500 5,000 240.223 Certificate criteria: (a) Improper certificate ...... 2,500 5,000 (b) Failure to designate those with signatory authority ...... 2,500 5,000 (d) Falsification of certificate ...... 25,000 240.225 Railroad relying on determination of another: (a) Failure to address in program or failure to require newly hired engineer to take entire training pro- gram ...... 19,500 25,000 (2) Reliance on wrong class of service ...... 5,500 10,000 (3) Failure to familiarize person with new operational territory ...... 5,500 10,000 (4) Failure to determine knowledge ...... 5,500 10,000 (5) Failure to determine performance skills ...... 5,500 10,000 240.227 Railroad relying on requirements of a different country: (a) Joint operator reliance: (1) On person not employed ...... 2,500 5,000 (2) On person who fails to meet Canadian requirements ...... 2,500 5,000 (b) Canadian railroad reliance: (1) On person not employed ...... 2,500 5,000 (2) On person who fails to meet Canadian requirements ...... 2,500 5,000 240.229 Requirements for joint operations territory: (a) Allowing uncertified person to operate ...... 5,500 10,000 (b) Certifying without making determinations or relying on another railroad ...... 13,000 20,500 (c) Failure of (1) Controlling railroad certifying without determining certification status, knowledge, skills, or fa- miliarity with physical characteristics ...... 19,500 25,000

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APPENDIX A TO PART 240—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(2) Employing railroad to determine person’s certified and qualified status for controlling railroad 19,500 25,000 (3) Person to notify employing railroad of lack of qualifications ...... 19,500 25,000 (d) Failure to provide qualified person ...... 5,500 10,000 240.231 Persons qualified on physical characteristics in other than joint operations: (a) Person unqualified, no exception applies or railroad does not adequately address in program ...... 19,500 25,000 (b) Failure to have a pilot: (1) For engineer who has never been qualified ...... 19,500 25,000 (2) For engineer previously qualified ...... 9,500 17,000 Subpart D—Administration of the Certification Programs 240.301 Failure to have system for certificate replacement ...... 5,500 10,000 240.303 Monitoring operations: (a) Failure to have program ...... 19,500 25,000 (b) Failure to observe each person annually ...... 2,500 5,000 (c) Failure to test each person annually ...... 2,500 5,000 (d) Failure to test properly ...... 2,500 5,000 240.305 Prohibited conduct: (a) Unlawful: (1) Passing of stop signal ...... 19,500 25,000 (2) Control of speed ...... 19,500 25,000 (3) Brake tests ...... 19,500 25,000 (4) Occupancy of main track ...... 19,500 25,000 (5) Tampering or operation with disabled safety device ...... 19,500 25,000 (6) Supervisor, pilot, or instructor fails to take appropriate action ...... 19,500 25,000 (b) Failure of engineer to: (1) Carry certificate ...... 2,500 5,000 (2) Display certificate when requested ...... 2,500 5,000 (c) Failure of engineer to notify railroad of limitations or railroad requiring engineer to exceed limita- tions ...... 19,500 25,000 (d) Failure of engineer to notify railroad of denial or revocation ...... 19,500 25,000 240.307 Revocation of certification: (a) Failure to withdraw person from service ...... 13,000 20,500 (b) Failure to notify, provide hearing opportunity, or untimely procedures ...... 5,500 10,000 (c)–(h) Failure of railroad to comply with hearing or waiver procedures ...... 5,500 10,000 (j) Failure of railroad to make record ...... 5,500 10,000 (k) Failure of railroad to conduct reasonable inquiry or make good faith determination ...... 13,000 20,500 240.309 Oversight Responsibility Report: (a) Failure to report or to report on time ...... 2,500 5,000 (b)–(h) Incomplete or inaccurate report ...... 5,500 10,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 240. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

PART 241—[AMENDED] Authority: 49 U.S.C. 20103, 20107, 21301, 55. Appendix B to part 241 is revised 21304, 21311; 28 U.S.C. 2461, note; 49 CFR to read as follows: 54. The authority citation for part 241 1.49. continues to read as follows:

APPENDIX B TO PART 241—SCHEDULE OF CIVIL PENALTIES 1

2 Willful Section Violation violation

241.9: (a) Requiring or permitting extraterritorial dispatching of a railroad operation ...... $9,500 $17,000 (c) Failing to notify FRA about extraterritorial dispatching of a railroad operation in an emergency sit- uation ...... 5,500 10,000 241.11 Conducting a railroad operation that is extraterritorially dispatched: (a)(1) Generally ...... 9,500 17,000 (c) In an emergency situation—where dispatching railroad fails to notify FRA of the extraterritorial dispatching ...... 2,500 5,000 241.13 Requiring or permitting track to be used for the conduct of a railroad operation that is extraterritorially dispatched: (a)(1) Generally ...... 9,500 17,000

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APPENDIX B TO PART 241—SCHEDULE OF CIVIL PENALTIES 1—Continued

2 Willful Section Violation violation

(c) In an emergency situation—where dispatching railroad fails to notify FRA of the extraterritorial dispatching ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 U.S.C. 21301, 21304 and 49 CFR part 209, appendix A. 2 The penalty schedule uses section numbers from 49 CFR part 241. If more than one item is listed as a type of violation of a given section, each item is also designated by a ‘‘penalty code,’’ which is used to facilitate assessment of civil penalties, and which may or may not correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ.

Issued in Washington, DC, on August 23, 2010. Karen J. Rae, Deputy Administrator. [FR Doc. 2010–22141 Filed 9–20–10; 8:45 am] BILLING CODE 4910–06–P

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Reader Aids Federal Register Vol. 75, No. 182 Tuesday, September 21, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 9 CFR 2 CFR Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 Subt. A...... 55671 56...... 57200 170...... 55663 Other Services 91...... 56912, 56914 Electronic and on-line services (voice) 741–6020 3 CFR 101...... 56916 Privacy Act Compilation 741–6064 114...... 56916 Proclamations: 145...... 57200 Public Laws Update Service (numbers, dates, etc.) 741–6043 8549...... 53563 TTY for the deaf-and-hard-of-hearing 741–6086 146...... 57200 8550...... 54449 147...... 57200 8551...... 54451 ELECTRONIC RESEARCH 8552...... 54453 10 CFR World Wide Web 8553...... 54455 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 8554...... 54757 429...... 56796, 57410 is located at: http://www.gpoaccess.gov/nara/index.html 8555...... 55253 430 ...... 54048, 56021, 56796, 8556...... 56457 Federal Register information and research tools, including Public 57410, 57556 8557...... 56459 Inspection List, indexes, and links to GPO Access are located at: 431 ...... 55068, 56796, 57410 8558...... 56461 http://www.archives.gov/federallregister 8559...... 56463 11 CFR E-mail 8560...... 56465 100...... 55257 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8561...... 57369 109...... 55947 an open e-mail service that provides subscribers with a digital Executive Orders: form of the Federal Register Table of Contents. The digital form 13551...... 53837 12 CFR of the Federal Register Table of Contents includes HTML and 13552...... 54263 400...... 55941 PDF links to the full text of each document. Administrative Orders: 740...... 53841 To join or leave, go to http://listserv.access.gpo.gov and select Presidential 745...... 53841 Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: 1249...... 55892 (or change settings); then follow the instructions. No. 2010-13 of 1282...... 55892 PENS (Public Law Electronic Notification Service) is an e-mail September 2, Proposed Rules: service that notifies subscribers of recently enacted laws. 2010 ...... 54459 614...... 56487 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notices: 1101...... 54052 and select Join or leave the list (or change settings); then follow Notice of September the instructions. 10, 2010 ...... 55661 14 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Notice of September 39 ...... 53843, 53846, 53849, respond to specific inquiries. 16, 2010 ...... 57159 53851, 53855, 53857, 53859, Reference questions. Send questions and comments about the 5 CFR 53861, 54462, 55453, 55455, Federal Register system to: [email protected] 55459, 55461, 57371 The Federal Register staff cannot interpret specific documents or 6201...... 55941 71 ...... 55267, 57373, 57374, regulations. 57375, 57376, 57383 6 CFR Reminders. Effective January 1, 2009, the Reminders, including 73...... 53863 Rules Going Into Effect and Comments Due Next Week, no longer Proposed Rules: 97 ...... 54766, 54769, 55961, appear in the Reader Aids section of the Federal Register. This 5...... 54528, 55290 55963 information can be found online at http://www.regulations.gov. 141...... 56857 7 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: longer appears in the Federal Register. This information can be 6...... 53565 39 ...... 53609, 54536, 55492, found online at http://bookstore.gpo.gov/. 301...... 54461 55691, 56487 761...... 54005 71 ...... 53876, 54057, 54058, FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 762...... 54005 57215, 57216 764...... 54005 117...... 55852 53563–53840...... 1 765...... 54005 121...... 55852 53841–54004...... 2 766...... 54005 54005–54270...... 3 915...... 55942 15 CFR 54271–54460...... 7 930...... 57161 730...... 53864 54461–54758...... 8 984...... 55944 732...... 53864 54759–55254...... 9 1250...... 55255 734...... 53864, 54271 55255–55452...... 10 3430...... 54759 736...... 53864 55453–55662...... 13 Proposed Rules: 738...... 53864 55663–55940...... 14 205...... 57194 740...... 53864 55941–56466...... 15 253...... 54530 742...... 53864, 54271 56467–56856...... 16 810...... 56911 743...... 53864, 54271 56857–57158...... 17 868...... 56911 744...... 53864, 54271 57159–57368...... 20 987...... 56019 746...... 53864 57369–57656...... 21 1250...... 55292 747...... 53864

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748...... 53864 543...... 55269 39 CFR 20...... 54546 750...... 53864 54...... 56494 26 CFR 111...... 54287 752...... 53864 501...... 56471 754...... 53864 1 ...... 55677, 56858, 57163 48 CFR 756...... 53864 Proposed Rules: 207...... 54524 602...... 56858, 57163 111 ...... 56920, 56922, 57410 758...... 53864 Proposed Rules: 211...... 54524 760...... 53864 1 ...... 54541, 54802, 55698 40 CFR 217...... 54526 762...... 53864 227...... 54527 31...... 54541 9...... 56880, 57169 764...... 53864 301...... 55699 237...... 54524 766...... 53864 51...... 55636 252...... 54527 52 ...... 54031, 54773, 54778, 768...... 53864 27 CFR Proposed Rules: 55271, 55977, 55978, 55988, 770...... 53864 Ch. II ...... 56961 Proposed Rules: 56424, 56889, 57186, 57390 772...... 53864, 54271 53...... 54560 9...... 53877 55...... 55277 774...... 53864, 54271 3001...... 55529 555...... 56489 60 ...... 54970, 55271, 55636 922...... 53567 3002...... 55529 61...... 55271, 55636 Proposed Rules: 28 CFR 3003...... 55529 742...... 54540 63...... 54970, 55636 35...... 56164 3004...... 55529 744...... 54540 81...... 54031, 54497 36...... 56236 3005...... 55529 746...... 54540 180 ...... 53577, 53581, 53586, 3006...... 55529 54033, 55991, 55997, 56013, 806...... 53611, 57217 29 CFR 3009...... 55529 922...... 55692 56892, 56897 3012...... 55529 4022...... 55966 228...... 54497 16 CFR 4044...... 55966 3018...... 55529 271...... 57188 3022...... 55529 Proposed Rules: 310...... 55269 300 ...... 54779, 55479, 56015 3023...... 55529 1908...... 54064 Proposed Rules: 721...... 56880, 57169 3033...... 55529 2570...... 54542 801...... 57110 790...... 56472 3035...... 55529 802...... 57110 1060...... 56477 30 CFR 3036...... 55529 803...... 57110 Proposed Rules: 3042...... 55529 Proposed Rules: 51 ...... 53613, 55711, 57220 17 CFR 3045...... 55529 Ch. I ...... 54804 52 ...... 53613, 53883, 53892, 3052...... 55529 1...... 55410 53907, 54292, 54805, 54806, 31 CFR 3053...... 55529 3...... 55410 55494, 55711, 55713, 55725, 4...... 55410 575...... 55462 56027, 56923, 56928, 56935, 49 CFR 5...... 55410 576...... 55463 56942, 57221, 57412 107...... 53593 10...... 55410 60...... 53908 32 CFR 171...... 53593 140...... 55410 72...... 53613, 55711 172...... 53593 145...... 55410 1701...... 57163 78...... 53613, 55711 173...... 53593 147...... 55410 81...... 56943 33 CFR 176...... 53593 160...... 55410 97...... 53613, 55711 177...... 53593 166...... 55410 100 ...... 55677, 55968, 56866, 140...... 53914 179...... 53593 200...... 54464, 56668 57388 300...... 54821 180...... 53593 201...... 57384 117 ...... 54023, 54024, 54770, 799...... 55728 325...... 57191 210...... 57385 54771, 55475 1060...... 56491 385...... 55488 229...... 57385 127...... 54025 393...... 57393 42 CFR 232...... 55965, 56668 147...... 55970 395...... 55488 240...... 54465, 56668 154...... 54025 411...... 56015 544...... 54041 249 ...... 54465, 56668, 57385 155 ...... 54025, 54026, 55973 Proposed Rules: 593...... 57396 Proposed Rules: 165 ...... 53572, 53574, 53870, Ch. I...... 57230, 57233 Proposed Rules: Ch. II ...... 55295 54026, 54771, 55270, 55272, 100...... 55503 192...... 56972 4...... 54794, 55698 55477, 55973, 55975, 56467, 431...... 56946 195...... 56972 16...... 54801, 54802 56469, 57167 447...... 54073 209...... 57598 232...... 54059 Proposed Rules: 213...... 57598 43 CFR 18 CFR 100...... 56024 214...... 57598 117...... 54069 3000...... 55678 215...... 57598 Proposed Rules: 167...... 55709, 56919 3910...... 55678 35...... 54063 217...... 57598 3930...... 55678 218...... 57598 36 CFR 20 CFR 219...... 57598 Proposed Rules: 44 CFR 416...... 54285, 56858 220...... 57598 200...... 55710 64...... 55280, 55683 606...... 57146 221...... 57598 294...... 54542 67...... 55480 641...... 53786 222...... 57598 1192...... 54543 Proposed Rules: 223...... 57598 21 CFR 1253...... 54543 61...... 54076 224...... 57598 2...... 56858 1254...... 54543 67 ...... 55507, 55515, 55527 225...... 57598 510 ...... 54016, 54017, 55676 1280...... 54543 227...... 57598 45 CFR 228...... 57598 520 ...... 54018, 54492, 55676 37 CFR 522...... 54017, 54018 Ch. XXV...... 54789 229...... 57598 201...... 56868 230...... 57598 524...... 54492 46 CFR 558...... 54019, 55676 380...... 56873 231...... 57598 8...... 56015 232...... 57598 870...... 54493 38 CFR 1310...... 53867 233...... 57598 3...... 54496 47 CFR 234...... 57598 24 CFR 17...... 54028, 54496 20...... 54508 235...... 57598 Ch. II ...... 54020 36...... 56875 64...... 54040 236...... 57598 Proposed Rules: 300...... 54790 238...... 57598 25 CFR 5...... 53744 Proposed Rules: 239...... 57598 542...... 55269 76...... 54069 Ch. 1 ...... 55297 240...... 57598

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241...... 57598 56016 Proposed Rules: 23...... 54579 660...... 54791 10...... 57413 32...... 56360 50 CFR 665...... 53606, 54044 13...... 57413 223...... 53925, 57431 17...... 53598, 55686 679 ...... 53606, 53608, 53873, 16...... 56975 224...... 57431 20...... 53774 53874, 53875, 54290, 54792, 17 ...... 53615, 54561, 54708, 300...... 54078 300...... 56903 55288, 55689, 55690, 56016, 54822, 55730, 56028, 57426 635...... 57235, 57240 635...... 53871, 57407 56017, 56018, 56483 21...... 57413 648 ...... 53939, 54292, 57249 648 ...... 53871, 54290, 55286, 680...... 56485 22...... 57413 660...... 56976

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www.gpoaccess.gov/plaws/ the Elbert P. Tuttle United (Aug. 16, 2010; 124 Stat. index.html. Some laws may States Court of Appeals 2497) LIST OF PUBLIC LAWS not yet be available. Building in Atlanta, Georgia, as the ‘‘John C. Godbold Last List August 16, 2010 This is a continuing list of H.R. 511/P.L. 111–231 Federal Building’’. (Aug. 16, public bills from the current To authorize the Secretary of 2010; 124 Stat. 2494) session of Congress which Agriculture to terminate certain H.R. 5278/P.L. 111–235 have become Federal laws. It easements held by the Public Laws Electronic may be used in conjunction Secretary on land owned by To designate the facility of the Notification Service with ‘‘P L U S’’ (Public Laws the Village of Caseyville, United States Postal Service Update Service) on 202–741– Illinois, and to terminate located at 405 West Second (PENS) 6043. This list is also associated contractual Street in Dixon, Illinois, as the available online at http:// arrangements with the Village. ‘‘President Ronald W. Reagan www.archives.gov/federal- (Aug. 16, 2010; 124 Stat. Post Office Building’’. (Aug. PENS is a free electronic mail register/laws.html. 2489) 16, 2010; 124 Stat. 2495) notification service of newly H.R. 2097/P.L. 111–232 The text of laws is not H.R. 5395/P.L. 111–236 enacted public laws. To Star-Spangled Banner subscribe, go to http:// published in the Federal To designate the facility of the Commemorative Coin Act listserv.gsa.gov/archives/ Register but may be ordered United States Postal Service (Aug. 16, 2010; 124 Stat. publaws-l.html in ‘‘slip law’’ (individual located at 151 North Maitland pamphlet) form from the 2490) H.R. 3509/P.L. 111–233 Avenue in Maitland, Florida, Superintendent of Documents, as the ‘‘Paula Hawkins Post Note: This service is strictly Agricultural Credit Act of 2010 U.S. Government Printing Office Building’’. (Aug. 16, for E-mail notification of new (Aug. 16, 2010; 124 Stat. Office, Washington, DC 20402 2010; 124 Stat. 2496) laws. The text of laws is not (phone, 202–512–1808). The 2493) available through this service. text will also be made H.R. 4275/P.L. 111–234 H.R. 5552/P.L. 111–237 PENS cannot respond to available on the Internet from To designate the annex Firearms Excise Tax specific inquiries sent to this GPO Access at http:// building under construction for Improvement Act of 2010 address.

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